0001| AN ACT | 0002| RELATING TO MOTOR CARRIERS; PROVIDING FOR REGULATION BY THE | 0003| STATE CORPORATION COMMISSION ON SAFETY AND FINANCIAL | 0004| RESPONSIBILITY; PROVIDING POWERS AND DUTIES; CREATING A FUND; | 0005| ESTABLISHING FEES; PROVIDING ADMINISTRATIVE AND CRIMINAL | 0006| PENALTIES; AMENDING, REPEALING AND ENACTING SECTIONS OF THE | 0007| NMSA 1978; MAKING AN APPROPRIATION. | 0008| | 0009| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0010| Section 1. SHORT TITLE.--Sections 1 through 37 of this | 0011| act may be cited as the "Motor Carrier Act". | 0012| Section 2. TRANSPORTATION POLICY.--It is the policy of | 0013| this state to foster the development, coordination and | 0014| preservation of a safe, sound and adequate motor carrier | 0015| system, vital to all the states, by protecting the public | 0016| safety, promoting financial responsibility on the part of motor | 0017| carriers, providing for economic regulation of motor carriers | 0018| of passengers and household goods and promoting uniformity and | 0019| reducing redundancy of state regulation of motor carriers. | 0020| Section 3. DEFINITIONS.--As used in the Motor Carrier | 0021| Act: | 0022| A. "antitrust laws" means the laws of this state | 0023| relating to combinations in restraint of trade; | 0024| B. "base state" means either: | 0025| (1) the registration state for an interstate | 0001| motor carrier subject to regulation by the interstate commerce | 0002| commission or its successor agency if New Mexico is | 0003| participating in the single state registration system for such | 0004| motor carriers and means New Mexico otherwise; or | 0005| (2) the registration state for an interstate | 0006| motor carrier transporting commodities exempt from regulation | 0007| by the interstate commerce commission if New Mexico is | 0008| participating in a single state registration system for such | 0009| motor carriers and means New Mexico otherwise; | 0010| C. "broker" means a person who is not a bona fide | 0011| employee or agent of an authorized motor carrier, but who, as | 0012| principal or agent, sells or offers for sale any transportation | 0013| services subject to the Motor Carrier Act or negotiates for or | 0014| holds itself out by solicitation, advertisement or otherwise as | 0015| one who sells, provides, furnishes, contracts or arranges for | 0016| such transportation services; | 0017| D. "cancellation" means the voluntary, permanent | 0018| termination of a certificate; | 0019| E. "certificate" means the operating authority | 0020| issued by the commission to intrastate common motor carriers of | 0021| passengers and household goods; | 0022| F. "certificate of registration of insurance" means | 0023| the operating authority issued by the commission to intrastate | 0024| motor carriers of property; | 0025| G. "change in a certificate" means cancellation, | 0001| change in a motor carrier agreement, change in a rate or | 0002| tariff, change in ownership other than by operation of law, | 0003| endorsement, lease, subsequent transfer from a transferee by | 0004| operation of law, transfer or voluntary suspension of a | 0005| certificate; | 0006| H. "change in name" means a change in the legal | 0007| name of the holder of an operating authority or in doing | 0008| business as the name of the transportation business, but does | 0009| not include a change in ownership; | 0010| I. "change in ownership" of a certificate means the | 0011| occurrence of any change: | 0012| (1) in the officers, directors or holders of | 0013| more than ten percent of the voting stock of the corporation, | 0014| if the certificate is held by a corporation; | 0015| (2) in general partners or limited partners | 0016| contributing ten percent or more of the total value of | 0017| contributions made to the limited partnership or entitled to | 0018| ten percent or more of total profits earned or other | 0019| compensation by way of income paid by the limited partnership, | 0020| if the certificate is held by a limited partnership; or | 0021| (3) in the trustees or partners or owners of | 0022| more than ten percent interest in the entity, if the | 0023| certificate is held by a legal entity that is not a corporation | 0024| or limited partnership; | 0025| J. "commission" means the state corporation | 0001| commission; | 0002| K. "common motor carrier" means a person offering | 0003| compensated transportation by motor vehicle to the general | 0004| public whether over regular or irregular routes or under | 0005| scheduled or nonscheduled service; | 0006| L. "contract motor carrier" means a person offering | 0007| compensated transportation by motor vehicle under individual | 0008| contracts or agreements with particular customers or shippers; | 0009| M. "endorsement" means a permanent change in the | 0010| scope of an existing certificate; | 0011| N. "equipment interchange agreement" means an | 0012| agreement between two motor carriers holding operating | 0013| authority from the commission concerning the use of equipment; | 0014| O. "fund" means the motor transportation fee fund; | 0015| P. "household goods" means: | 0016| (1) personal effects and property used or to | 0017| be used in a dwelling when they are part of the equipment or | 0018| supply of the dwelling, including property moving from a | 0019| factory or store, that has been purchased by a householder with | 0020| intent to use in his dwelling and the transportation is | 0021| requested by and paid for by the householder; | 0022| (2) furniture, fixtures, equipment and the | 0023| property of stores, offices, museums, institutions, hospitals | 0024| or other establishments when a part of their stock, equipment | 0025| or supply, but does not include the stock-in-trade of any | 0001| establishment, whether consignor or consignee, other than used | 0002| furniture and used fixtures, except when transported as | 0003| incidental to the moving of the establishment, or a portion | 0004| thereof, from one location to another; and | 0005| (3) articles, including objects of art, | 0006| displays, exhibits and other similar articles that, because of | 0007| their unusual nature or value, require the specialized handling | 0008| and equipment usually employed in moving household goods, but | 0009| does not include any article, whether crated or uncrated, that | 0010| does not, because of its unusual nature or value, require the | 0011| specialized handling and equipment usually employed in moving | 0012| household goods; | 0013| Q. "interested parties" means all motor carriers | 0014| operating over the routes or in the territory involved in any | 0015| application for a certificate or a permit, or all persons | 0016| affected by a rule proposed for adoption by the commission, and | 0017| any other parties the commission may deem interested in the | 0018| particular matter; | 0019| R. "interstate motor carrier" means a person | 0020| providing compensated transportation in interstate commerce, | 0021| whether or not the person is subject to regulation by the | 0022| interstate commerce commission or its successor agency; | 0023| S. "intrastate motor carrier" means a person | 0024| providing compensated transportation in intrastate commerce; | 0025| T. "involuntary suspension" means the temporary | 0001| termination of all or part of an operating authority ordered by | 0002| the commission for cause for a stated period of time or pending | 0003| compliance with certain conditions; | 0004| U. "irregular route" means that the route to be | 0005| used by a motor carrier is not restricted to any specific | 0006| highway within the area the motor carrier is authorized to | 0007| serve; | 0008| V. "lease of a certificate" means a contract by | 0009| which the owner of a certificate grants to another the | 0010| exclusive right to use the certificate for a specified period | 0011| of time in exchange for payment; | 0012| W. "lease of equipment" means a contractual | 0013| arrangement whereby a motor carrier obtains equipment owned by | 0014| another for use by the motor carrier in the exercise of its | 0015| operating authority; | 0016| X. "license" means the operating authority issued | 0017| by the commission to a broker; | 0018| Y. "motor carrier" means a person offering | 0019| compensated transportation by motor vehicle, whether in | 0020| intrastate or interstate commerce; | 0021| Z. "motor carrier agreement" means a tariff | 0022| applying to two or more common motor carriers; | 0023| AA. "motor carrier association" means any | 0024| organization established or continued under a motor carrier | 0025| agreement for the purpose of arriving at rate and tariff | 0001| agreements or representing motor carriers that are parties to | 0002| such agreements; | 0003| BB. "not-for-profit" means an organization exempt | 0004| from federal income taxation in accordance with Section 501(c) | 0005| of the Internal Revenue Code of 1986, as amended or a not-for-profit motor club; | 0006| CC. "operating authority" means a certificate, | 0007| permit, license, registration receipt, ticket, temporary | 0008| authority or emergency authority issued by the commission to a | 0009| motor carrier or broker; | 0010| DD. "permit" means the operating authority issued | 0011| by the commission to intrastate contract motor carriers of | 0012| passengers or household goods; | 0013| EE. "property" means any commodity having value but | 0014| does not include household goods; | 0015| FF. "public highways" has the same meaning as is | 0016| defined in Section 67-2-1 NMSA 1978; | 0017| GG. "registration receipt" means the document | 0018| issued annually to a motor carrier operating in interstate | 0019| commerce evidencing that proof of financial responsibility and | 0020| safety has been filed with the base state and that the annual | 0021| per vehicle fees have been paid for that registration year; | 0022| HH. "registration year" means the period from | 0023| January 1 to December 31; | 0024| II. "regular route" means a fixed course to be | 0025| traveled by a motor carrier's vehicles rendering service to, | 0001| from or between various points in this state; | 0002| JJ. "revocation" means the involuntary, permanent | 0003| termination of all or part of an operating authority ordered by | 0004| the commission for cause; | 0005| KK. "school bus" means a motor vehicle operating | 0006| under the authority of the state board of education or private | 0007| school or parochial school interests that is used to transport | 0008| children, students or teachers to and from schools or to and | 0009| from any school activity, but not including any vehicle: | 0010| (1) operated by a common motor carrier, | 0011| subject to and meeting all requirements of the commission but | 0012| not used exclusively for the transportation of pupils; | 0013| (2) operated solely by a government owned | 0014| transit authority, if the transit authority meets all safety | 0015| requirements of the commission but is not used exclusively for | 0016| the transportation of pupils; or | 0017| (3) operated as per capita feeder as provided | 0018| in Section 22-16-6 NMSA 1978; | 0019| LL. "ticket" means the operating authority issued | 0020| by the commission for a single trip by a charitable | 0021| organization in a school bus; | 0022| MM. "transfer" means a permanent sale of all or | 0023| part of a certificate; | 0024| NN. "transfer by operation of law" means that the | 0025| ownership of or interest in a certificate passes to another by | 0001| application of established rules of law, as upon inheritance, | 0002| bequest, order in bankruptcy or insolvency, execution sale, | 0003| repossession upon default in performance of the terms of a | 0004| lease or executory sales contract or otherwise than by | 0005| voluntary transfer; | 0006| OO. "transportation services" means any service | 0007| performed for compensation by a broker or by a motor carrier in | 0008| motor vehicles operated by, for or in the interest of any motor | 0009| carrier, irrespective of ownership; | 0010| PP. "voluntary suspension" means the temporary non-use of all or part of a certificate at the request of the | 0011| certificate holder for a stated period of time or pending | 0012| compliance with certain conditions; and | 0013| QQ. "wrecker service" means the use of specialized | 0014| equipment to transport: | 0015| (1) wrecked, damaged, disabled or abandoned | 0016| motor vehicles and their cargo; | 0017| (2) vehicles to replace or parts and | 0018| equipment to repair wrecked, damaged, disabled or abandoned | 0019| motor vehicles; | 0020| (3) vehicles whose driver has been declared | 0021| unable to drive by a duly authorized law enforcement officer; | 0022| or | 0023| (4) vehicles repossessed, confiscated or | 0024| seized by any lawful authority. | 0025| Section 4. POWERS AND AUTHORITY OF COMMISSION.-- | 0001| A. The commission shall: | 0002| (1) issue operating authorities for brokers | 0003| and motor carriers operating in New Mexico; | 0004| (2) require that tariffs for all intrastate | 0005| common motor carriers of passengers and household goods be | 0006| filed and approved before being put into effect; | 0007| (3) authorize changes in the certificates of | 0008| intrastate common motor carriers of passengers and household | 0009| goods; | 0010| (4) establish reasonable requirements with | 0011| respect to a uniform system of accounts, records and reports | 0012| and preservation of records for brokers and motor carriers; | 0013| (5) establish minimum requirements for | 0014| financial responsibility for brokers and motor carriers; | 0015| (6) establish safety regulations for | 0016| intrastate motor carrier motor vehicles and drivers with a | 0017| gross vehicle weight above ten thousand pounds not inconsistent | 0018| with motor transportation division of the taxation and revenue | 0019| department regulations; | 0020| (7) have the authority to adopt definitions | 0021| not inconsistent with, or more stringent than, the terms | 0022| defined in the current Section 390.5 of the Code of Federal | 0023| Regulations; | 0024| (8) determine who shall be allowed to | 0025| intervene and protest an application for a certificate, permit | 0001| or license and under what circumstances and to conduct default | 0002| proceedings if no interested party intervenes after proper | 0003| notice; | 0004| (9) expend money as may be necessary for the | 0005| administration and enforcement of the single state registration | 0006| and certificate of registration of insurance programs; | 0007| (10) establish and enforce vehicle and | 0008| equipment specifications for wrecker services; | 0009| (11) regulate all rates and charges of | 0010| intrastate common motor carriers of passengers and household | 0011| goods; | 0012| (12) determine all matters of public | 0013| convenience and necessity relating to motor carriers; | 0014| (13) subpoena witnesses and enforce their | 0015| attendance before the commission through a district court or | 0016| the supreme court of New Mexico and through such court to | 0017| punish for contempt; | 0018| (14) remove an order to the supreme court for | 0019| failure of a person subject to such order to comply with it; | 0020| (15) hold public hearings as required; | 0021| (16) adopt rules to implement its | 0022| constitutional powers; and | 0023| (17) require tariffs for wrecker services to | 0024| be filed and approved if the wrecker service performs the | 0025| transportation without the prior written consent or | 0001| authorization of the owner or operator of the motor vehicle as | 0002| provided under Section 14501 of the ICC Termination Act of | 0003| 1995. | 0004| B. The commission may: | 0005| (1) designate inspectors who may inspect the | 0006| books and records of all motor carriers subject to the Motor | 0007| Carrier Act and who shall have the powers of a commissioned | 0008| peace officer in this state with respect to any law or rule | 0009| that the commission is empowered to implement or enforce, | 0010| excluding the powers granted to the taxation and revenue | 0011| department in Section 65-1-6 NMSA 1978; | 0012| (2) institute civil actions in its own name | 0013| in the district court of Santa Fe county to enforce the Motor | 0014| Carrier Act, its orders, rules and assessments of | 0015| administrative fines, except for actions removable to the | 0016| supreme court of New Mexico under Article 11, Section 7 of the | 0017| constitution of New Mexico; and | 0018| (3) adopt rules to implement its additional | 0019| powers and effectuate the purpose and transportation policy of | 0020| the Motor Carrier Act. | 0021| Section 5. OPERATING AUTHORITIES IN GENERAL.-- | 0022| A. A person shall file an application for an | 0023| operating authority with the commission. The commission may | 0024| approve an application in whole or in part or may deny the | 0025| application. | 0001| B. Applications for operating authorities shall be | 0002| made in writing to the commission, shall be verified under oath | 0003| and shall be in a form and contain information and be | 0004| accompanied by proof of service on interested parties as the | 0005| commission shall by rule require. | 0006| C. Every applicant for an operating authority shall | 0007| file with the commission an appointment in writing of a | 0008| resident agent for service of process. Service upon the | 0009| appointed agent of any order of the commission or of any lawful | 0010| process of any court shall have the same effect as if service | 0011| had been made personally upon the authorized entity within this | 0012| state. | 0013| D. Interstate operating authorities shall be | 0014| effective from the date issued and shall remain in effect until | 0015| terminated. Registration receipts for interstate motor | 0016| carriers shall be effective only for the registration year for | 0017| which they are issued. Tickets for a single trip shall be | 0018| effective only for the trip for which the ticket is issued. | 0019| E. No motor carrier shall furnish free | 0020| transportation to passengers except to bona fide owners, | 0021| officers or employees of the motor carriers and their | 0022| dependents. Stockholders of incorporated motor carriers shall | 0023| not be considered owners for purposes of this section. | 0024| F. All motor carriers shall carry their operating | 0025| authority in every vehicle operated in New Mexico. | 0001| Section 6. CERTIFICATES FOR INTRASTATE COMMON MOTOR | 0002| CARRIERS OF PASSENGERS.-- | 0003| A. It is unlawful for a common motor carrier to | 0004| provide compensated intrastate transportation of passengers | 0005| without first having obtained a certificate from the | 0006| commission. | 0007| B. Except as provided in this section, the | 0008| commission shall issue a certificate to a person authorizing | 0009| that person to provide compensated intrastate transportation as | 0010| a common motor carrier of passengers if, after notice and a | 0011| public hearing, the commission finds that: | 0012| (1) the person is fit, willing and able to | 0013| provide the transportation to be authorized by the certificate | 0014| and to comply with the Motor Carrier Act and the rules of the | 0015| commission; | 0016| (2) the person is in compliance with the | 0017| safety and financial responsibility requirements of the Motor | 0018| Carrier Act and the rules of the commission; and | 0019| (3) the transportation to be provided under | 0020| the certificate is or will be required by the present or future | 0021| public convenience and necessity. | 0022| C. The commission shall give special consideration | 0023| to providing and maintaining service to small and rural | 0024| communities. | 0025| D. The commission shall not issue a certificate to | 0001| an intrastate common motor carrier of passengers if it finds | 0002| from the evidence that the service furnished by existing | 0003| transportation companies in the territory for which a | 0004| certificate is sought is reasonably adequate. | 0005| E. Every certificate issued to an intrastate common | 0006| motor carrier of passengers shall specify the service to be | 0007| rendered; the territory to be served; the terminals between | 0008| which service is to be provided; and, for regular route | 0009| service, the routes, schedules and intermediate and off-route | 0010| points on the route. | 0011| Section 7. CERTIFICATES FOR INTRASTATE COMMON MOTOR | 0012| CARRIERS OF HOUSEHOLD GOODS.-- | 0013| A. It is unlawful for any common motor carrier to | 0014| provide compensated intrastate transportation of household | 0015| goods without first having obtained a certificate from the | 0016| commission. | 0017| B. Except as provided in this section, the | 0018| commission shall issue a certificate to a person authorizing | 0019| that person to provide compensated intrastate transportation as | 0020| a common motor carrier of household goods if, after notice and | 0021| a public hearing, the commission finds that: | 0022| (1) the person is fit, willing and able to | 0023| provide the transportation to be authorized by the certificate | 0024| and to comply with the Motor Carrier Act and the rules of the | 0025| commission; | 0001| (2) the person is in compliance with the | 0002| safety and financial responsibility requirements of the Motor | 0003| Carrier Act and the rules of the commission; and | 0004| (3) on the basis of evidence presented by | 0005| persons supporting the issuance of the certificate, the service | 0006| proposed will serve a useful public purpose, responsive to a | 0007| public demand or need. For purposes of this requirement, the | 0008| service proposed will be deemed to serve a useful public | 0009| purpose, responsive to a public demand or need if the | 0010| application is for authority to provide transportation: | 0011| (a) to any community not regularly | 0012| served by an authorized intrastate common motor carrier of | 0013| household goods; | 0014| (b) for services that will be a direct | 0015| substitute for abandoned rail service to a community if such | 0016| abandonment results in the community not having any rail | 0017| service and if the application is filed within one hundred | 0018| twenty days after the abandonment has been approved by the | 0019| commission or by the United States interstate commerce | 0020| commission or its successor agency; or | 0021| (c) for the United States government of | 0022| used household goods that is incidental to a pack and crate | 0023| service on behalf of the defense department. | 0024| C. The commission shall not issue a certificate to | 0025| an intrastate common motor carrier of household goods if it | 0001| finds, on the basis of evidence presented by persons objecting | 0002| to the issuance of a certificate, that the transportation to be | 0003| authorized by the certificate is inconsistent with the public | 0004| convenience and necessity. | 0005| D. Before granting a certificate to an intrastate | 0006| common motor carrier of household goods, the commission shall | 0007| take into consideration the transportation policy of the Motor | 0008| Carrier Act and the effect that issuance of the certificate | 0009| would have on existing carriers; provided, however, the | 0010| commission shall not find diversion of revenue or traffic from | 0011| an existing carrier to be, in and of itself, inconsistent with | 0012| the public convenience and necessity. | 0013| E. Every certificate issued by the commission to an | 0014| intrastate common motor carrier of household goods shall | 0015| specify the service to be rendered; the territory to be served; | 0016| the terminals between which service is to be provided; and, for | 0017| regular route service, the routes, schedules and intermediate | 0018| and off-route points on the route. | 0019| Section 8. RATES.-- | 0020| A. Every intrastate common motor carrier of | 0021| passengers or household goods or wrecker services providing | 0022| intrastate transportation of motor vehicles as defined in | 0023| Section 14501(c) of the ICC Termination Act of 1995 shall | 0024| observe just, reasonable and nondiscriminatory rates and | 0025| practices for the transportation services it provides, in | 0001| furtherance of the transportation policy of the Motor Carrier | 0002| Act. Reduced rates for students traveling between their homes | 0003| and their schools and for persons sixty-five years of age or | 0004| older shall not be considered discriminatory within the meaning | 0005| of this section. | 0006| B. Intrastate common motor carriers of passengers | 0007| or household goods or wrecker services providing intrastate | 0008| transportation of motor vehicles as defined in Section 14501(c) | 0009| of the ICC Termination Act of 1995 shall establish with each | 0010| other reasonable through routes and joint rates, charges and | 0011| classifications. Participating carriers shall have the duty to | 0012| establish just and reasonable practices in connection with such | 0013| joint transportation and just, reasonable and equitable | 0014| divisions of the joint rates adopted so as not to unduly prefer | 0015| or prejudice any participating carrier. | 0016| C. In proceedings to determine the reasonableness | 0017| of rates for an intrastate common motor carrier of passengers | 0018| or household goods or for a wrecker service providing | 0019| intrastate transportation of motor vehicles as defined in | 0020| Section 14501(c) of the ICC Termination Act of 1995 or a group | 0021| of intrastate common motor carriers of passengers or household | 0022| goods or a group of wrecker services providing intrastate | 0023| transportation of motor vehicles as defined in Section 14501(c) | 0024| of the ICC Termination Act of 1995, the commission shall | 0025| authorize revenue levels that are adequate under honest, | 0001| economical and efficient management to cover total operating | 0002| expenses, including the operation of leased equipment and | 0003| depreciation, plus a reasonable profit. The rules adopted by | 0004| the commission to implement this section shall allow carriers | 0005| to achieve revenue levels that will provide a flow of net | 0006| income, plus depreciation, adequate to support prudent capital | 0007| outlays, assure the repayment of a reasonable level of debt, | 0008| permit the raising of needed equity capital and attract and | 0009| retain capital in amounts adequate to provide a sound motor | 0010| carrier transportation system in the state. | 0011| D. No intrastate common motor carrier of passengers | 0012| or household goods or wrecker service providing intrastate | 0013| transportation of motor vehicles as defined in Section 14501(c) | 0014| of the ICC Termination Act of 1995 shall charge, or permit its | 0015| bona fide agents or employees to charge, a greater or lesser or | 0016| different compensation for transportation, or for any service | 0017| rendered to or for the user of the service, other than the | 0018| rates specified in the approved tariffs in effect at the time. | 0019| The rates of an otherwise valid tariff are not applicable when | 0020| payment for services is directly paid by a medicaid or medicare | 0021| program. | 0022| E. No intrastate common motor carrier of passengers | 0023| or household goods or wrecker service providing intrastate | 0024| transportation of motor vehicles as defined in Section 14501(c) | 0025| of the ICC Termination Act of 1995 shall refund or remit in any | 0001| manner or by any device, directly or indirectly, any portion of | 0002| the rates specified in its approved tariff or extend to any | 0003| user any privileges, facilities or services or do or perform | 0004| any service or give, remit or refund anything of value except | 0005| in accordance with tariffs and schedules approved by the | 0006| commission. | 0007| F. A person may make complaint in writing to the | 0008| commission that any rate, classification or practice is in | 0009| violation of the Motor Carrier Act. Whenever, after hearing | 0010| upon a complaint or after an investigation on its own | 0011| initiative, the commission finds that an individual or joint | 0012| rate demanded or collected by an intrastate common motor | 0013| carrier of passengers or household goods or wrecker service | 0014| providing intrastate transportation of motor vehicles as | 0015| defined in Section 14501(c) of the ICC Termination Act of 1995 | 0016| or any classification or practice of any intrastate common | 0017| motor carrier of passengers or household goods or wrecker | 0018| service providing intrastate transportation of motor vehicles | 0019| as defined in Section 14501(c) of the ICC Termination Act of | 0020| 1995 affecting the rate is unjust, unreasonable or unjustly | 0021| discriminatory, preferential or prejudicial, it shall determine | 0022| and prescribe the lawful rate of the maximum or minimum rate to | 0023| be observed or the lawful classification or practice to be made | 0024| effective. | 0025| G. Notwithstanding any other provision of the Motor | 0001| Carrier Act, a towing company may establish, collect and | 0002| receive from any not-for-profit motor club rates lower than the | 0003| rates provided in the established tariff. Notice of the lower | 0004| rates shall be filed with the commission but shall not be | 0005| considered a tariff. | 0006| Section 9. MOTOR CARRIER AGREEMENTS.-- | 0007| A. An intrastate common motor carrier of passengers | 0008| or household goods may enter into an agreement with one or more | 0009| other intrastate common motor carriers of passengers or | 0010| household goods or wrecker service providing intrastate | 0011| transportation of motor vehicles as defined in Section 14501(c) | 0012| of the ICC Termination Act of 1995 concerning rates, charges | 0013| between common motor carriers, compensation paid or received | 0014| for the use of facilities and equipment, allowances, | 0015| classifications, division or related practices or procedures | 0016| for jointly considering, initiating or establishing them. | 0017| Antitrust laws do not apply to parties and other persons with | 0018| respect to making or carrying out motor carrier agreements made | 0019| in accordance with this section. | 0020| B. No motor carrier agreement shall be effective | 0021| without the prior approval of the commission, following notice | 0022| and a public hearing. The commission may impose such terms and | 0023| conditions upon approval of the agreement as the public | 0024| interest may require. | 0025| C. The commission shall not approve any motor | 0001| carrier agreement unless: | 0002| (1) the agreement is in furtherance of the | 0003| transportation policy of the Motor Carrier Act; | 0004| (2) any agreement between or among common | 0005| motor carriers of different classes is limited to matters | 0006| relating to transportation under joint rates or practices; | 0007| (3) the agreement contains reasonable quorum | 0008| standards to be applied for meetings of a motor carrier | 0009| association; | 0010| (4) each common motor carrier that is a party | 0011| to an agreement files with the commission such information as | 0012| the commission may by rule require; and | 0013| (5) a motor carrier association approved in | 0014| accordance with this section complies with the following | 0015| requirements: | 0016| (a) the motor carrier association may | 0017| allow any member motor carrier to discuss any rate or practice | 0018| proposal docketed; provided, only those motor carriers with | 0019| authority to participate in the transportation to which the | 0020| proposal applies may vote upon the proposal; | 0021| (b) the motor carrier association may | 0022| propose general rate increases or decreases or rate or practice | 0023| restructuring of any motor carrier association tariff approved | 0024| by the commission; | 0025| (c) the motor carrier association shall | 0001| not interfere with a common motor carrier's right to establish | 0002| its own rates or practices and shall not change or cancel any | 0003| independently established rate or practice; | 0004| (d) the motor carrier association shall | 0005| not file a protest or complaint with the commission against any | 0006| tariff item independently published by or for the account of | 0007| any common motor carrier; | 0008| (e) the motor carrier association shall | 0009| not permit one of its employees or an employee committee to | 0010| docket or act upon any proposal effecting a change in any | 0011| tariff item published by or for the account of any of its | 0012| member motor carriers; | 0013| (f) upon request, the motor carrier | 0014| association shall divulge to any person the name of the | 0015| proponent of a practice or rate docketed with it, shall admit | 0016| any person to any meeting at which practices or rates will be | 0017| discussed or voted upon and shall divulge to any person the | 0018| vote cast by any member motor carrier on any proposal before | 0019| the motor carrier association; | 0020| (g) the motor carrier association shall | 0021| not allow a motor carrier to vote on behalf of one or more | 0022| other motor carriers without specific written, notarized | 0023| authority from the motor carrier being represented; and | 0024| (h) the motor carrier association shall | 0025| make a final disposition of a practice or rate docketed with it | 0001| by the one hundred twentieth day after the proposal is | 0002| docketed, except that if unusual circumstances require, the | 0003| motor carrier association may extend the period subject to | 0004| review by the commission. | 0005| D. In any proceeding in which a party to the | 0006| proceeding alleges that a motor carrier voted, discussed or | 0007| agreed on a rate or allowance in violation of this section, | 0008| that party has the burden of showing that the vote, discussion | 0009| or agreement occurred. A showing of parallel behavior shall | 0010| not satisfy that burden by itself. | 0011| E. Each motor carrier association shall be subject | 0012| to all the accounting, record keeping, reporting and inspection | 0013| requirements of the commission's rules. | 0014| F. The commission may, upon complaint or upon its | 0015| own initiative, investigate and determine whether any agreement | 0016| previously approved by it in accordance with this section is | 0017| not in conformity with the requirements of this section or with | 0018| the terms or conditions upon which approval of the agreement | 0019| was granted. The commission may modify or terminate its | 0020| approval of any agreement found not to be in continued | 0021| conformity. | 0022| Section 10. TARIFFS.-- | 0023| A. It is unlawful for any intrastate common motor | 0024| carrier of passengers or household goods or wrecker service | 0025| providing intrastate transportation of motor vehicles as | 0001| defined in Section 14501(c) of the ICC Termination Act of 1995 | 0002| to commence operations or perform any new service under its | 0003| certificate until rates and tariffs for the services to be | 0004| performed have been approved by the commission after notice and | 0005| a public hearing. | 0006| B. Every interstate common motor carrier of | 0007| passengers or household goods or wrecker service providing | 0008| intrastate transportation of motor vehicles as defined in | 0009| Section 14501(c) of the ICC Termination Act of 1995 shall file | 0010| with the commission proposed tariffs showing all the rates and | 0011| conditions for transportation and related services between | 0012| points on its own routes and those of any common carrier by | 0013| railroad or express when a through route and joint rate have | 0014| been established. The rates shall be stated in terms of | 0015| dollars and cents. | 0016| C. It is unlawful for an intrastate common motor | 0017| carrier of passengers or household goods or wrecker service | 0018| providing intrastate transportation of motor vehicles as | 0019| defined in Section 14501(c) of the ICC Termination Act of 1995 | 0020| to: | 0021| (1) give any undue or unreasonable preference | 0022| or advantage to any particular persons, port, gateway, locality | 0023| or region, district, territory or description of traffic in any | 0024| respect; or | 0025| (2) subject any particular person, port, | 0001| gateway, locality, region, district, territory or description | 0002| of traffic to any unjust discrimination or any undue or | 0003| unreasonable prejudice or disadvantage in any respect; | 0004| provided, this paragraph shall not be construed to apply to | 0005| discrimination, prejudices or disadvantages to the traffic of | 0006| any other motor carrier. | 0007| Section 11. TIME SCHEDULES.-- | 0008| A. Intrastate common motor carriers of passengers | 0009| providing scheduled service to the general public shall file | 0010| proposed time and service schedules with their application for | 0011| a certificate. The time schedule shall be approved by the | 0012| commission and filed for public inspection. | 0013| B. Proposed changes in scheduled service shall be | 0014| filed with the commission for approval not less than thirty | 0015| days prior to the proposed effective date of the changed | 0016| schedule. The commission may prescribe a lesser time within | 0017| which the schedule may be made effective. | 0018| C. Failure by an intrastate common motor carrier of | 0019| passengers to operate the service on each day as scheduled | 0020| shall result in appropriate penalties as the commission in its | 0021| discretion shall determine. | 0022| D. Time schedules shall in no instance be designed | 0023| to require the operation of a motor vehicle between any given | 0024| terminals or between any way stations at a rate of speed | 0025| greater than the maximum speed allowed under the laws of this | 0001| state. | 0002| Section 12. CHANGES IN CERTIFICATES.-- | 0003| A. No change in a certificate, rate, tariff or | 0004| motor carrier agreement shall be effective without the prior | 0005| approval of the commission. | 0006| B. The commission may, after notice and a public | 0007| hearing, authorize the following changes in all or part of any | 0008| certificate at the request of the person holding the | 0009| certificate if it finds: | 0010| (1) for cancellation of a certificate, that | 0011| the public convenience and necessity will not be harmed; | 0012| (2) for a change in a rate or tariff or a | 0013| change in a motor carrier agreement, that the proposed rates | 0014| are just, reasonable and nondiscriminatory; | 0015| (3) for a change in ownership other than by | 0016| operation of law, that the new owner is fit, willing and able | 0017| to provide the authorized transportation services and to comply | 0018| with the Motor Carrier Act and the rules of the commission; | 0019| (4) for endorsement of a certificate as a | 0020| common motor carrier of passengers that: | 0021| (a) the applicant is fit, willing and | 0022| able to provide the transportation services to be authorized by | 0023| the endorsed certificate and to comply with the Motor Carrier | 0024| Act and the rules of the commission; | 0025| (b) the applicant is in compliance with | 0001| the safety and financial responsibility requirements of the | 0002| Motor Carrier Act and the rules of the commission; and | 0003| (c) the transportation to be provided | 0004| under the endorsed certificate is or will be required by the | 0005| present or future public convenience and necessity; | 0006| (5) for endorsement of a certificate as a | 0007| common motor carrier of household goods that: | 0008| (a) the person is fit, willing and able | 0009| to provide the transportation to be authorized by the | 0010| certificate and to comply with the Motor Carrier Act and the | 0011| rules of the commission; | 0012| (b) the applicant is in compliance with | 0013| the safety and financial responsibility requirements of the | 0014| Motor Carrier Act and the rules of the commission; and | 0015| (c) on the basis of evidence presented | 0016| by persons supporting the issuance of the certificate, the | 0017| service proposed will serve a useful public purpose, responsive | 0018| to a public demand or need; | 0019| (6) for lease of a certificate as a common | 0020| motor carrier of passengers or household goods that the lessee | 0021| is fit, willing and able to provide the authorized | 0022| transportation services and to comply with the Motor Carrier | 0023| Act and the rules of the commission; | 0024| (7) for voluntary suspension of a certificate | 0025| that it is reasonably necessary; | 0001| (8) for transfer of a certificate as a common | 0002| motor carrier of passengers or household goods, and for | 0003| subsequent transfer of a certificate as a common motor carrier | 0004| of passengers or household goods from a transferee by operation | 0005| of law, that: | 0006| (a) the new owner is fit, willing and | 0007| able to provide the authorized transportation services and to | 0008| comply with the Motor Carrier Act and the rules of the | 0009| commission; | 0010| (b) the transfer includes operating | 0011| equipment; | 0012| (c) the transferor of the certificate or | 0013| part of the certificate to be transferred has rendered | 0014| reasonably continuous and adequate service prior to the | 0015| application for transfer; | 0016| (d) all accrued taxes, rents, wages of | 0017| employees and all other indebtedness pertaining to the | 0018| certificate, or part of the certificate, proposed to be | 0019| transferred has been paid; | 0020| (e) the transfer will not have the | 0021| effect of destroying competition or creating a monopoly; and | 0022| (f) the transfer would not be | 0023| inconsistent with the public interest; and | 0024| (9) for transfer by operation of law, the | 0025| commission shall approve the application unless it has reason | 0001| to believe that the transferee by operation of law may not be | 0002| fit, willing and able to provide the authorized transportation | 0003| services and to comply with the rules of the commission. | 0004| Section 13. PROTESTS OF APPLICATIONS FOR A CERTIFICATE | 0005| OR FOR A CHANGE IN A CERTIFICATE AS A COMMON MOTOR CARRIER OF | 0006| PASSENGERS OR HOUSEHOLD GOODS.-- | 0007| A. No contract motor carrier may protest an | 0008| application for a certificate or for a change in a certificate. | 0009| B. No common motor carrier may protest an | 0010| application for a certificate or for a change in a certificate | 0011| unless: | 0012| (1) it possesses authority to handle, in | 0013| whole or in part, the traffic for which authority is applied; | 0014| (2) it is willing and able to provide service | 0015| that meets the reasonable needs of the shippers involved; and | 0016| (3) at least one of the three following | 0017| factors is true: | 0018| (a) it has performed service within the | 0019| scope of the application during the previous twelve-month | 0020| period or has, actively and in good faith, solicited service | 0021| within the scope of the application during such period; | 0022| (b) it has pending before the commission | 0023| an application filed prior to the application being considered | 0024| for substantially the same traffic; or | 0025| (c) the commission grants leave to | 0001| intervene upon a showing of other interests that are not | 0002| contrary to the transportation policy of the Motor Carrier Act. | 0003| Section 14. PERMITS FOR CONTRACT MOTOR CARRIERS OF | 0004| PASSENGERS OR HOUSEHOLD GOODS.-- | 0005| A. It is unlawful for any contract motor carrier to | 0006| provide compensated intrastate transportation of passengers or | 0007| household goods without first having obtained a permit from the | 0008| commission. | 0009| B. Except as provided in this section, the | 0010| commission shall issue a permit to a person authorizing that | 0011| person to provide compensated intrastate transportation as a | 0012| contract motor carrier of passengers or household goods if, | 0013| after notice and a public hearing, the commission finds that: | 0014| (1) the person is fit, willing and able to | 0015| provide the transportation to be authorized by the permit and | 0016| to comply with the Motor Carrier Act and the rules of the | 0017| commission; | 0018| (2) the person is in compliance with the | 0019| safety and financial responsibility requirements of the Motor | 0020| Carrier Act and the rules of the commission; and | 0021| (3) the transportation to be provided under | 0022| the permit is or will be consistent with the public interest | 0023| and the transportation policy of the Motor Carrier Act. | 0024| C. Before granting a permit to an intrastate | 0025| contract motor carrier of passengers, the commission shall | 0001| consider: | 0002| (1) the number of customers to be served by | 0003| the carrier; | 0004| (2) the nature of the transportation proposed | 0005| to be provided; | 0006| (3) whether granting the permit would | 0007| endanger or impair the operations of motor carriers protesting | 0008| the application for a permit to an extent contrary to the | 0009| public interest; | 0010| (4) the effect that denying the permit would | 0011| have on the person applying for the permit and its customers; | 0012| and | 0013| (5) the changing character of the | 0014| requirements of the applicant's customers. | 0015| D. The commission shall not issue a permit to an | 0016| intrastate contract motor carrier of passengers unless it is | 0017| established by competent evidence that the authority sought | 0018| will not impair the efficient public service of any | 0019| certificated intrastate common motor carrier of passengers then | 0020| adequately serving the same territory. | 0021| E. Before granting a permit to an intrastate | 0022| contract motor carrier of household goods, the commission shall | 0023| consider: | 0024| (1) whether granting the permit would | 0025| endanger or impair the operations of carriers protesting the | 0001| application for a permit to an extent contrary to the public | 0002| interest; and | 0003| (2) the effect that denying the permit would | 0004| have on the person applying for the permit and its customers. | 0005| F. Each intrastate contract motor carrier of | 0006| passengers or household goods shall file with the commission | 0007| each contract under which it intends to operate. The | 0008| commission shall approve a contract and authorize operations if | 0009| it finds that the contract is consistent with the public | 0010| interest, the transportation policy of the Motor Carrier Act | 0011| and the provisions of this section. | 0012| G. Every permit issued by the commission shall | 0013| specify the business of the intrastate contract motor carrier, | 0014| the scope of the authority granted to it and the terms, | 0015| conditions and limitations of the authority. | 0016| H. The commission shall not limit any intrastate | 0017| contract motor carrier of passengers or household goods to a | 0018| fixed number of contracts. | 0019| I. Intrastate contract motor carriers of passengers | 0020| or household goods shall dedicate equipment for use in | 0021| providing transportation services under any contract. | 0022| Section 15. PROTESTS OF APPLICATIONS FOR A PERMIT AS A | 0023| CONTRACT MOTOR CARRIER OF PASSENGERS OR HOUSEHOLD GOODS.--No | 0024| motor carrier may protest an application to provide | 0025| transportation as an intrastate contract motor carrier of | 0001| passengers or household goods unless: | 0002| A. it possesses the operating authority to handle, | 0003| in whole or in part, the traffic for which application is made; | 0004| B. it is willing and able to provide service that | 0005| meets the reasonable needs of the shippers involved; and | 0006| C. it has performed service within the scope of the | 0007| application during the previous twelve-month period or has, | 0008| actively and in good faith, solicited service within the scope | 0009| of the application during such period; or | 0010| D. it has pending before the commission an | 0011| application filed prior in time to the application being | 0012| considered for substantially the same traffic; or | 0013| E. the commission grants leave to intervene upon a | 0014| showing of other interests that are not contrary to the | 0015| transportation policy of the Motor Carrier Act. | 0016| Section 16. CERTIFICATE OF REGISTRATION OF INSURANCE.-- | 0017| A. It is unlawful for a motor carrier to provide | 0018| compensated intrastate transportation of property without first | 0019| having obtained a certificate of registration of insurance from | 0020| the commission. | 0021| B. The commission shall issue a certificate of | 0022| registration of insurance to a person if the commission finds | 0023| that the person is in compliance with the: | 0024| (1) financial responsibility requirements of | 0025| the Motor Carrier Act and the rules of the commission; | 0001| (2) safety requirements of the Motor Carrier | 0002| Act and the rules of the commission; and | 0003| (3) requirement that it file a tariff if the | 0004| person is a wrecker service providing intrastate transportation | 0005| of motor vehicles as defined in Section 14501(c) of the ICC | 0006| Termination Act of 1995. | 0007| C. No certificate of registration of insurance may | 0008| be transferred or leased to another person. | 0009| D. Notice and a hearing shall not be required prior | 0010| to the issuance of a certificate of registration of insurance | 0011| except in the case of a wrecker service providing intrastate | 0012| transportation of motor vehicles as defined in Section 14501(c) | 0013| of the ICC Termination Act of 1995 and then only for approval | 0014| of the tariff filed by the wrecker service under this | 0015| subsection. | 0016| E. The commission shall promulgate rules that allow | 0017| for the electronic filing of an application for a certificate | 0018| of registration of insurance and for electronic payment of the | 0019| application fee. | 0020| Section 17. LICENSES.-- | 0021| A. It is unlawful for a person to operate as a | 0022| broker in this state without having first obtained a license | 0023| from the commission. | 0024| B. The commission may waive the requirements for | 0025| notice and a hearing and issue a license to a person | 0001| authorizing that person to act as a broker if the commission | 0002| finds that: | 0003| (1) the applicant is fit, willing and able to | 0004| provide the services to be authorized by the license and to | 0005| comply with the Motor Carrier Act and the rules of the | 0006| commission; and | 0007| (2) the transportation services to be | 0008| provided under the license will promote the public interest and | 0009| the transportation policy of the Motor Carrier Act. | 0010| C. In the execution of an agreement to sell, | 0011| furnish or arrange for transportation, it is unlawful for a | 0012| broker to employ any intrastate motor carrier not authorized by | 0013| the commission. | 0014| D. No intrastate motor carrier holding a | 0015| certificate or permit from the commission, or bona fide | 0016| employee or agent of that motor carrier, is required to obtain | 0017| a license as a broker from the commission for transportation | 0018| services to be furnished wholly by the motor carrier or jointly | 0019| with other motor carriers holding certificates or permits, or | 0020| with a common carrier by railroad or express. | 0021| Section 18. TICKETS FOR A SINGLE TRIP.--The commission | 0022| may, without requiring notice or a public hearing, issue a | 0023| ticket for a single trip by a charitable organization in a | 0024| school bus if: | 0025| A. the commission determines that no intrastate | 0001| common or contract motor carrier of passengers is available for | 0002| the trip described in the application for the single-trip | 0003| ticket; | 0004| B. the school buses are in compliance with all | 0005| school bus safety requirements established by the state | 0006| transportation director pursuant to Sections 22-16-2 and | 0007| 22-16-11 NMSA 1978; and | 0008| C. the school buses are in compliance with the | 0009| financial responsibility requirements of the Motor Carrier Act | 0010| and the rules of the commission. | 0011| Section 19. INTERSTATE MOTOR CARRIERS.-- | 0012| A. It is unlawful for a motor carrier engaged in | 0013| interstate commerce to provide compensated interstate | 0014| transportation of passengers or property on state highways | 0015| without first having obtained a registration receipt from a | 0016| base state. The commission shall issue registration receipts | 0017| without requiring notice or a public hearing. | 0018| B. The commission may collect an annual per motor | 0019| vehicle fee, enter into agreements with state agencies and | 0020| other state governments and promulgate all rules necessary to | 0021| enable New Mexico to participate in the single state | 0022| registration system for interstate motor carriers subject to | 0023| regulation by the interstate commerce commission pursuant to | 0024| Section 4005 of the federal Intermodal Surface Transportation | 0025| Efficiency Act of 1991 and implementing regulations promulgated | 0001| by the interstate commerce commission or its successor agency. | 0002| C. The commission may collect an annual per motor | 0003| vehicle fee, enter into agreements with state agencies and | 0004| other state governments and promulgate all rules necessary to | 0005| enable New Mexico to participate in the single state | 0006| registration system for interstate motor carriers transporting | 0007| commodities exempt from regulation by the interstate commerce | 0008| commission or its successor agency. | 0009| D. The commission shall require an application, | 0010| proof of financial responsibility and a registration receipt | 0011| showing that the annual per motor vehicle fees have been paid | 0012| for New Mexico from an interstate motor carrier transporting | 0013| commodities exempt from regulation by the interstate commerce | 0014| commission or its successor agency in interstate commerce on a | 0015| state highway, but shall not require payment of duplicate | 0016| annual per motor vehicle fees from an interstate motor carrier | 0017| transporting both exempt and regulated commodities. | 0018| E. Compliance by an interstate motor carrier with | 0019| the provisions of the federal Intermodal Surface Transportation | 0020| Efficiency Act of 1991 shall not authorize a motor carrier to | 0021| provide any intrastate transportation services in New Mexico. | 0022| An interstate motor carrier wishing to provide intrastate motor | 0023| carrier services shall obtain the appropriate operating | 0024| authority from the commission. | 0025| Section 20. TEMPORARY AUTHORITY FOR INTRASTATE MOTOR | 0001| CARRIERS OF PASSENGERS OR HOUSEHOLD GOODS.-- | 0002| A. The commission may waive the requirements for | 0003| notice and a public hearing and grant temporary operating | 0004| authority to an intrastate motor carrier of passengers or | 0005| household goods for a period not to exceed ninety days when: | 0006| (1) there is an urgent and immediate need for | 0007| such service to, from or between a point or points within a | 0008| territory; | 0009| (2) there is no authorized intrastate motor | 0010| carrier of passengers or household goods deemed capable of | 0011| meeting the need; | 0012| (3) the applicant for temporary authority has | 0013| an application for a certificate, permit or endorsement of a | 0014| certificate pending before the commission; and | 0015| (4) it would be in furtherance of the | 0016| transportation policy of the Motor Carrier Act. | 0017| B. Satisfactory proof of urgent and immediate need | 0018| shall be made by affidavit or other verified proof as the | 0019| commission shall by rule prescribe. | 0020| C. After temporary authority has been granted, the | 0021| commission shall notify any motor carrier already authorized to | 0022| perform all or part of the service temporarily authorized and, | 0023| upon application in writing by the motor carrier, shall hold | 0024| hearings and make such further determination with respect to | 0025| temporary authority as the public interest may require. | 0001| D. An applicant for temporary authority as a common | 0002| motor carrier shall file tariffs covering the transportation | 0003| services for which temporary authority is being sought. | 0004| E. Intrastate motor carriers operating under | 0005| temporary authority shall comply with all financial | 0006| responsibility and safety requirements of the Motor Carrier Act | 0007| and the rules of the commission. | 0008| F. The grant of temporary authority may be extended | 0009| as deemed necessary by the commission. | 0010| G. Issuance of the temporary authority shall create | 0011| no presumption that permanent authority will be granted. | 0012| Section 21. EMERGENCY AUTHORITY.-- | 0013| A. The commission may, without notice or a public | 0014| hearing, grant emergency operating authority to a person to | 0015| provide transportation services for which there is an urgent | 0016| and immediate need within a territory having no transportation | 0017| services deemed capable of meeting the need when the commission | 0018| finds it necessary to protect the public health and safety. | 0019| B. Satisfactory proof of urgent and immediate need | 0020| for transportation services to protect the public health and | 0021| safety shall be made by affidavit or other verified proof as | 0022| the commission may prescribe. | 0023| C. The commission may grant emergency operating | 0024| authority for a period not to exceed thirty days. The grant of | 0025| emergency authority may be extended if deemed necessary by the | 0001| commission. | 0002| Section 22. EQUIPMENT LEASES AND INTERCHANGE | 0003| AGREEMENTS.-- | 0004| A. It is unlawful for intrastate common motor | 0005| carriers of passengers or household goods to lease or | 0006| interchange equipment or to operate such equipment without | 0007| first having obtained approval of each equipment lease or | 0008| interchange agreement from the commission. | 0009| B. A separate equipment lease or interchange | 0010| agreement shall be filed for each motor vehicle to be leased or | 0011| interchanged. | 0012| C. The commission shall disapprove a proposed | 0013| equipment lease or interchange agreement if it finds that the | 0014| purpose of the equipment lease or interchange agreement is to | 0015| circumvent any rule of the commission pertaining to the status, | 0016| service, classification of facilities or rates of authorized | 0017| motor carriers or the financial responsibility requirements of | 0018| the Motor Carrier Act and the commission's rules. | 0019| D. Leases and equipment interchange agreements | 0020| shall specify which of the two parties to the agreement are | 0021| responsible for complying with the financial responsibility and | 0022| safety requirements of the Motor Carrier Act and the rules of | 0023| the commission. | 0024| Section 23. HOUSEHOLD GOODS OPERATIONS.-- | 0025| A. Each intrastate common motor carrier of | 0001| household goods is responsible for all acts or omissions of any | 0002| of its agents that relate to the performance of household goods | 0003| transportation services, including accessorial or terminal | 0004| services, that are within the actual or apparent authority of | 0005| the agent derived from the common motor carrier or that are | 0006| ratified by the common motor carrier. | 0007| B. The commission shall adopt rules for the | 0008| following elements of household goods motor carrier operations: | 0009| (1) rates; | 0010| (2) estimates; | 0011| (3) inventory; | 0012| (4) weighing; | 0013| (5) receipts and bills of lading; | 0014| (6) liability based on value between the | 0015| motor carrier and the shipper; | 0016| (7) joint transportation between motor | 0017| carriers; | 0018| (8) household goods agents; and | 0019| (9) dispute settlement programs. | 0020| C. In adopting rules for motor carriers of | 0021| household goods, the commission shall take into account at | 0022| least the following: | 0023| (1) the level of performance that can be | 0024| achieved by a well-managed motor carrier of household goods; | 0025| (2) the degree of harm to individual shippers | 0001| that could result from a violation of the rule; | 0002| (3) the need to deter abuses that result in | 0003| harm to consumers; | 0004| (4) service requirements of the motor | 0005| carriers; | 0006| (5) the cost of compliance in relation to the | 0007| consumer benefits to be achieved from such compliance; and | 0008| (6) the need to encourage motor carriers to | 0009| offer service responsive to shipper needs. | 0010| D. Antitrust laws do not apply to discussions or | 0011| agreements between a motor carrier of household goods and its | 0012| authorized agents whether or not an agent is also a motor | 0013| carrier, related solely to: | 0014| (1) rates for the transportation of household | 0015| goods under the authority of the principal motor carrier; | 0016| (2) accessorial, terminal, storage or other | 0017| charges for transportation services incidental to the | 0018| transportation of household goods transported under the | 0019| authority of the principal motor carrier; | 0020| (3) allowances relating to transportation of | 0021| household goods under the authority of the principal motor | 0022| carrier; or | 0023| (4) ownership of a motor carrier of household | 0024| goods by an agent or membership on the board of directors of | 0025| any such common motor carrier by an agent. | 0001| E. Antitrust laws do not apply to any charge for a | 0002| cost estimate for transportation of household goods provided by | 0003| an intrastate common motor carrier of household goods to a | 0004| shipper. | 0005| Section 24. FINANCIAL RESPONSIBILITY REQUIREMENTS.-- | 0006| A. It is unlawful for a motor carrier to operate on | 0007| state highways without having filed with the commission proof | 0008| of financial responsibility in the form and amounts as the | 0009| commission shall by rule prescribe. | 0010| B. In prescribing minimum requirements for | 0011| financial responsibility for motor carriers operating on public | 0012| highways in this state, the commission shall take into | 0013| consideration: | 0014| (1) the creation of sufficient incentives to | 0015| motor carriers to maintain and operate their equipment in a | 0016| safe manner; and | 0017| (2) all other factors necessary to assure | 0018| that motor carriers maintain an appropriate level of financial | 0019| responsibility. | 0020| C. The commission may authorize a motor carrier to | 0021| carry its own insurance if the superintendent of insurance | 0022| approves the motor carrier's program of self-insurance. | 0023| D. Notwithstanding any requirement of the New | 0024| Mexico Insurance Code to the contrary, the commission may | 0025| accept proof of public liability insurance from an insurer not | 0001| authorized in New Mexico if: | 0002| (1) the insurance is for an interstate motor | 0003| carrier transporting commodities exempt from regulation by the | 0004| interstate commerce commission or its successor agency | 0005| participating in the single state registration program for such | 0006| motor carriers; and | 0007| (2) the insurer is authorized to write public | 0008| liability insurance in at least one other state. | 0009| Section 25. SAFETY REQUIREMENTS FOR MOTOR VEHICLES USED | 0010| IN COMPENSATED TRANSPORTATION.--The safety requirements for | 0011| motor vehicles and the drivers used by motor carriers on state | 0012| highways are the federal motor carrier safety regulations and | 0013| the federal hazardous materials regulations found at Title 49, | 0014| Code of Federal Regulations, Parts 40, 325, 382, 383, 385, 386, | 0015| 387, 390 through 397 and 399 with the variances adopted by the | 0016| motor transportation division of the taxation and revenue | 0017| department. | 0018| Section 26. INVOLUNTARY SUSPENSION OR REVOCATION OF | 0019| OPERATING AUTHORITIES--REINSTATEMENT.-- | 0020| A. The motor transportation division of the | 0021| taxation and revenue department without notice or public | 0022| hearing may order immediate involuntary suspension or | 0023| revocation of an operating authority or may order a motor | 0024| vehicle to be taken out of service for violation of any | 0025| requirement of the Motor Carrier Act or the commission rules | 0001| relating to safety or financial responsibility, if such | 0002| violation would endanger the public health or safety. A motor | 0003| carrier may protest such action before the commission only if | 0004| the motor carrier files a petition and requests a hearing | 0005| before the commission within ten days of being placed out of | 0006| service and if it thinks the action was taken without good | 0007| cause. In the alternative, the motor carrier may be reinstated | 0008| upon compliance with the motor transportation division | 0009| director's out-of-service order pursuant to the Motor Carrier | 0010| Safety Act. | 0011| B. The commission upon complaint or on the | 0012| commission's own initiative after notice and a public hearing | 0013| may order involuntary suspension or revocation, in whole or in | 0014| part, of any operating authority for failure to: | 0015| (1) comply with any provision of the Motor | 0016| Carrier Act; | 0017| (2) comply with any lawful order or rule of | 0018| the commission; | 0019| (3) comply with any term, condition or | 0020| limitation of any operating authority; or | 0021| (4) render reasonably continuous service | 0022| under a certificate or permit. | 0023| C. The commission may approve an application for | 0024| reinstatement of an operating authority following involuntary | 0025| suspension if it finds, after notice and a public hearing that: | 0001| (1) the holder of the operating authority is | 0002| fit, willing and able to provide the authorized transportation | 0003| services and to comply with the Motor Carrier Act and the rules | 0004| of the commission; | 0005| (2) the reasons for the involuntary | 0006| suspension no longer pertain; and | 0007| (3) the person has paid the required | 0008| application and filing fees. | 0009| Section 27. DESIGNATION BY OPERATION OF LAW OF AN AGENT | 0010| FOR SERVICE OF PROCESS.-- | 0011| A. If a motor carrier or broker holding an | 0012| operating authority from the commission operates without | 0013| appointing a resident agent for service of process or the | 0014| commission has unsuccessfully attempted to serve an order upon | 0015| the designated registered agent, the motor carrier or broker | 0016| shall be deemed to have appointed the secretary of state as its | 0017| resident agent for service of process in any action or | 0018| proceeding against the motor carrier or broker growing out of | 0019| any accident, collision or transaction in which the motor | 0020| carrier or broker may be involved by operating in this state. | 0021| B. If the secretary of state is served with process | 0022| directed to a motor carrier or broker holding an operating | 0023| authority from the commission, the secretary of state shall | 0024| forward the order or process by certified mail to the motor | 0025| carrier or broker at the address shown on its last change of | 0001| address report, its last annual report or its last application | 0002| with respect to its operating authority, whichever is most | 0003| recent. The secretary of state shall file a certificate of | 0004| service with the commission, which shall be accepted as prima | 0005| facie proof of service. | 0006| C. A fee shall be assessed as costs in the | 0007| proceeding for each process from a court served upon the | 0008| secretary of state. No fee shall be charged for service of a | 0009| commission order. | 0010| Section 28. NOTICE.--Whenever the constitution of New | 0011| Mexico or the Motor Carrier Act requires publication of notice | 0012| regarding a matter before the commission, such requirement | 0013| shall be met if notice is published once in a newspaper of | 0014| general circulation not less than ten days prior to the date | 0015| set for a hearing on the matter. | 0016| Section 29. ANNUAL REPORTS--CONFIDENTIALITY OF | 0017| FINANCIAL INFORMATION.-- | 0018| A. The commission may, in its discretion, require | 0019| motor carriers and brokers holding operating authority from the | 0020| commission to prepare and transmit to the commission an annual | 0021| report of its operations. The report shall be in the form, | 0022| contain information and be due on a date as the commission may | 0023| by rule require. | 0024| B. Any financial data filed by motor carriers in | 0025| annual reports shall not be made available for examination by | 0001| the public. | 0002| Section 30. ACCESS TO INFORMATION--PRODUCTION OF | 0003| INFORMATION.-- | 0004| A. The commission or its duly authorized agent | 0005| shall, at all times, have access to: | 0006| (1) all lands, buildings or equipment of | 0007| motor carriers and brokers used in connection with their | 0008| operations; and | 0009| (2) all pertinent accounts, records, | 0010| documents and memoranda required to be kept by motor carriers | 0011| and brokers. | 0012| B. The commission, by order, may require a motor | 0013| carrier or broker subject to the Motor Carrier Act, or any of | 0014| their officers or agents, to produce at such reasonable times | 0015| and places as it may designate, any books, records, accounts or | 0016| documents kept in any office or place without or within this | 0017| state, or certified copies of such documents, whenever their | 0018| production is reasonably required and pertinent to any matter | 0019| before the commission, in order that an examination of them may | 0020| be made by the commission or by a person employed by the | 0021| commission. | 0022| C. The motor transportation division of the | 0023| taxation and revenue department shall furnish to the commission | 0024| all information needed by the commission to carry out its | 0025| responsibilities when such information is obtainable only in | 0001| the field by patrolling state public highways, establishing | 0002| ports of entry, setting up roadblocks or similar activities for | 0003| the purpose of checking motor carriers. | 0004| Section 31. FEES--FUND CREATED--DISTRIBUTION.-- | 0005| A. The commission shall charge and collect the | 0006| stated fee for filing an application for: | 0007| (1) a certificate as an intrastate common | 0008| motor carrier of passengers or household goods, two hundred | 0009| fifty dollars ($250); | 0010| (2) a permit as an intrastate contract motor | 0011| carrier of passengers or household goods, two hundred fifty | 0012| dollars ($250); | 0013| (3) a certificate of registration of | 0014| insurance as an intrastate motor carrier of property or as a | 0015| not-for-profit intrastate motor carrier of passengers, ten | 0016| dollars ($10.00); | 0017| (4) a license as a broker, one hundred | 0018| dollars ($100); | 0019| (5) an intrastate temporary authority as a | 0020| common or contract motor carrier of passengers or household | 0021| goods, one hundred dollars ($100); and | 0022| (6) a ticket for a single trip, ten dollars | 0023| ($10.00). | 0024| B. The commission shall charge and collect the | 0025| stated fee for filing an application for: | 0001| (1) a change in an intrastate rate or tariff, | 0002| two hundred dollars ($200); | 0003| (2) approval of a motor carrier agreement, | 0004| two hundred dollars ($200); | 0005| (3) the lease, transfer or change in | 0006| ownership of a certificate, two hundred dollars ($200); | 0007| (4) reinstatement of a certificate or permit | 0008| after involuntary suspension, one hundred dollars ($100); | 0009| (5) reinstatement of a license after | 0010| involuntary suspension, forty dollars ($40.00); | 0011| (6) each extension of temporary authority, | 0012| fifty dollars ($50.00); | 0013| (7) voluntary suspension of a certificate, | 0014| fifteen dollars ($15.00); and | 0015| (8) a change in name, ten dollars ($10.00). | 0016| C. The commission shall charge and collect the | 0017| following miscellaneous fees: | 0018| (1) for filing an amended application for a | 0019| certificate or a permit or for lease or transfer of a | 0020| certificate: | 0021| (a) fifty dollars ($50.00) if it is | 0022| necessary to vacate and reschedule the hearing and temporary | 0023| authority has not yet been issued; and | 0024| (b) one hundred dollars ($100) if either | 0025| the hearing needs to be vacated and rescheduled or temporary | 0001| authority has been issued; | 0002| (2) for filing requests to vacate and | 0003| reschedule a hearing, fifty dollars ($50.00); | 0004| (3) for filing proof of financial | 0005| responsibility for public liability, fifteen dollars ($15.00) | 0006| per filing; | 0007| (4) for filing proof of financial | 0008| responsibility for cargo liability, fifteen dollars ($15.00) | 0009| per filing; | 0010| (5) for filing a lease or equipment | 0011| interchange agreement, five dollars ($5.00) per motor vehicle | 0012| leased or interchanged; | 0013| (6) for other miscellaneous filings, five | 0014| dollars ($5.00) per document; | 0015| (7) for certifying copies of any record, | 0016| order or operating authority, fifteen dollars ($15.00); | 0017| (8) for copies of written commission | 0018| documents or records, one dollar ($1.00) per page, in addition | 0019| to any applicable certification charge; | 0020| (9) for copies of other commission records, | 0021| including magnetic tape and computer diskettes, an amount set | 0022| by the commission, in addition to any applicable certification | 0023| charge; and | 0024| (10) for registration receipts for interstate | 0025| motor carriers, ten dollars ($10.00) per motor vehicle per | 0001| registration year or portion of a registration year. | 0002| D. The secretary of state shall charge and collect | 0003| a fee of ten dollars ($10.00) for each process from a court | 0004| served upon the secretary of state as the designated agent for | 0005| service of process by operation of law. No fee shall be | 0006| charged for a service of any order of the commission. | 0007| E. The "motor transportation fee fund" is created | 0008| in the state treasury. All fees shall be collected by the | 0009| commission or the motor vehicle division of the taxation and | 0010| revenue department at the time the service is provided, and | 0011| shall be remitted to the state treasurer and deposited in the | 0012| fund. At the end of each month, the state treasurer shall | 0013| transfer the unencumbered balance in the fund to the state road | 0014| fund. | 0015| F. Whenever a fee has been erroneously paid, the | 0016| person having paid the fee may apply in writing to the | 0017| commission for a refund no later than sixty days after the | 0018| payment. Upon approval of the application by the commission, | 0019| the amount erroneously paid shall be refunded from the fund to | 0020| the person who made the payment. | 0021| G. All applications shall be fully completed within | 0022| sixty days or the fee submitted with the application shall be | 0023| forfeited to the state. If the applicant desires to renew the | 0024| application, the applicant shall pay another fee in the same | 0025| amount as the original. | 0001| Section 32. ACTIONS TO VACATE COMMISSION ORDER.-- | 0002| A. A party in interest dissatisfied with an order | 0003| of the commission not removable to the supreme court of New | 0004| Mexico under the provisions of Article 11, Section 7 of the | 0005| constitution of New Mexico may commence an action in the | 0006| district court for Santa Fe county against the commission as | 0007| defendant to vacate and set aside the order on the ground that | 0008| it is unlawful or unreasonable. In such proceeding, the court | 0009| may grant relief by inunction, mandamus or other extraordinary | 0010| remedy. In any action, the complaint shall be served with the | 0011| summons. The person who files the complaint shall, by | 0012| certified mail, send a copy of the complaint to all persons who | 0013| participated as parties in the action before the commission. | 0014| B. The commission's answer to the complaint shall | 0015| be served and filed within thirty days after service of the | 0016| complaint. | 0017| C. A person not a party to the action but having an | 0018| interest in the subject may be made a party. | 0019| D. All such actions shall have precedence over any | 0020| civil cause of a different nature. | 0021| E. Every action to vacate or amend an order of the | 0022| commission or to enjoin the enforcement of the order or to | 0023| prevent the order from becoming effective shall be commenced, | 0024| and every appeal to the courts or right of recourse to the | 0025| courts shall be taken or exercised, within thirty days after | 0001| the entry, of the order. The right to commence an action or to | 0002| take or exercise any appeal or right of recourse to the courts | 0003| shall terminate absolutely at the end of thirty days. | 0004| F. A substantial compliance by the commission with | 0005| the requirements of the Motor Carrier Act shall be sufficient | 0006| to give effect to all rules, orders and acts of the commission, | 0007| and they shall not be declared inoperative, illegal or void for | 0008| any omission of a technical nature. | 0009| G. A party to the action, within thirty days after | 0010| service of a copy of the order or judgment of the district | 0011| court, may appeal to the supreme court, and the cause shall be | 0012| placed on the calendar of the then pending term and shall be | 0013| assigned and brought to a hearing in the same manner as other | 0014| causes on the calendar. | 0015| H. In such actions and proceedings in court, all | 0016| processes shall be served and the practice and rules of | 0017| evidence shall be the same as in civil actions, except as | 0018| otherwise provided. | 0019| Section 33. EXEMPTIONS.--The Motor Carrier Act shall | 0020| not apply to the following: | 0021| A. school buses, or the use of school buses to | 0022| provide emergency transportation in accordance with the | 0023| Emergency Transportation Act; provided, school buses shall be | 0024| subject to all applicable school bus safety provisions | 0025| established by the state transportation director pursuant to | 0001| Sections 22-16-2 and 22-16-11 NMSA 1978; | 0002| B. United States mail carriers operating star | 0003| routes, unless they are engaged in other business as common or | 0004| contract motor carriers of passengers or household goods; | 0005| C. hearses, funeral coaches or any other motor | 0006| vehicle belonging to or operated in connection with the | 0007| business of a funeral service practitioner licensed by the | 0008| state; | 0009| D. a county or municipal public transportation | 0010| system; | 0011| E. intrastate farm carriers transporting | 0012| unprocessed farm products from the place of harvesting to | 0013| market, to storage or to a processing plant or hauling | 0014| livestock in lots of less than twenty-five thousand pounds; or | 0015| F. private carriers. | 0016| Section 34. TRANSITION.-- | 0017| A. Certificates and permits issued to intrastate | 0018| motor carriers of passengers or household goods by the | 0019| commission under the authority of previous acts shall remain in | 0020| effect, subject to the provisions of the Motor Carrier Act and | 0021| the commission's rules. | 0022| B. Certificates and permits issued to intrastate | 0023| motor carriers of property by the commission under the | 0024| authority of previous acts are void on the effective date of | 0025| the Motor Carrier Act. | 0001| C. Warrants issued to intrastate motor carriers of | 0002| property by the commission pursuant to its rules are void on | 0003| the effective date of the Motor Carrier Act. The commission | 0004| shall issue instead a certificate of proof of insurance to | 0005| intrastate motor carriers of property previously holding | 0006| warrants, provided the motor carrier has valid and current | 0007| proof of financial responsibility on file with the commission | 0008| on the effective date of the Motor Carrier Act. | 0009| Section 35. EFFECT ON MUNICIPAL POWERS.--Nothing in the | 0010| Motor Carrier Act shall be construed to limit or restrict the | 0011| powers of home-rule municipalities except as otherwise provided | 0012| by law. | 0013| Section 36. ADMINISTRATIVE PENALTIES.-- | 0014| A. Whenever, after investigation, the commission | 0015| finds that any provision of the Motor Carrier Act or any order | 0016| or rule of the commission is being, has been or is about to be | 0017| violated, it may make and enter of record an order in the | 0018| premises, specifying the actual or proposed act or omission | 0019| that constitutes a real or proposed violation and requiring | 0020| that the violation be discontinued or rectified, or both, or | 0021| that it be prevented. | 0022| B. Notwithstanding the existence of any other | 0023| penalties, the commission may assess administrative fines of | 0024| not more than ten thousand dollars ($10,000) for each violation | 0025| of any provision of the Motor Carrier Act or of any lawful rule | 0001| or order of the commission. In case of a continuing violation, | 0002| each day's violation shall be deemed to be a separate and | 0003| distinct offense. | 0004| C. Notwithstanding the existence of any other | 0005| penalties, the commission may assess administrative fines of | 0006| not more than ten thousand dollars ($10,000) against any | 0007| shipper knowingly using common or contract motor carriers not | 0008| properly certified by the commission. | 0009| D. A person shall be assessed a civil penalty of | 0010| not more than two thousand dollars ($2,000) for a first | 0011| violation and not more than five thousand dollars ($5,000) for | 0012| each subsequent violation if that person knowingly engages in | 0013| or authorizes an agent or other person to: | 0014| (1) falsify the documents used in the | 0015| transportation of household goods that evidence the weight of | 0016| the shipment; or | 0017| (2) charge for accessorial services that are | 0018| not performed or for which the motor carrier is not entitled to | 0019| be compensated in any case in which such services are not | 0020| reasonably necessary for the safe and adequate movement of the | 0021| shipment. | 0022| E. All penalties accruing under the Motor Carrier | 0023| Act shall be cumulative, and a suit for recovery of one penalty | 0024| shall not be a bar to or affect the recovery of any other | 0025| penalty or forfeiture or be a bar to any criminal prosecution | 0001| under the Motor Carrier Act. | 0002| Section 37. CRIMINAL PENALTIES.-- | 0003| A. Any person who knowingly makes a false statement | 0004| of material fact under oath, whether oral or in writing, as | 0005| required by the Motor Carrier Act or the rules of the | 0006| commission, is guilty of perjury, and upon conviction shall be | 0007| punished as provided for in the perjury statutes of this state. | 0008| B. Any person who willfully makes a false report to | 0009| the commission or to any member or employee of the commission, | 0010| and any person who knowingly aids or abets such person, is | 0011| guilty of a felony and upon conviction shall be imprisoned for | 0012| a definite term not to exceed five years. | 0013| C. Any person who willfully makes a false entry in | 0014| the accounts or records required by the Motor Carrier Act or | 0015| the rules of the commission, or willfully destroys, mutilates | 0016| or by any other means willfully falsifies the accounts or | 0017| records, or willfully neglects or fails to make full, true and | 0018| correct entries of all facts is guilty of a felony and upon | 0019| conviction shall be imprisoned for a definite term not to | 0020| exceed five years. | 0021| D. Any employee of the commission who divulges any | 0022| fact or information coming to his knowledge respecting an | 0023| inspection, examination or investigation of an account, record, | 0024| memorandum, book or paper or of the property and facilities of | 0025| a motor carrier, except insofar as he is authorized by the | 0001| commission or a court of competent jurisdiction, is guilty of a | 0002| misdemeanor and upon conviction shall be fined not more than | 0003| one thousand dollars ($1,000). | 0004| E. Weight-bumping consists of the knowing and | 0005| willful making or securing of a fraudulent weight on a shipment | 0006| of household goods that is subject to the jurisdiction of the | 0007| commission under the Motor Carrier Act. Any person who commits | 0008| weight-bumping is guilty of a felony and upon conviction for | 0009| each offense shall be fined not less than one thousand dollars | 0010| ($1,000) nor more than ten thousand dollars ($10,000) or | 0011| imprisoned for not more than two years, or both. | 0012| F. Any person who violates or who procures, aids or | 0013| abets in the violation of any provision of the Motor Carrier | 0014| Act or of any lawful rule or order of the commission is guilty | 0015| of a misdemeanor and upon conviction shall be punished by | 0016| imprisonment for a definite term of not more than ninety days | 0017| or a fine of not more than one thousand dollars ($1,000), or | 0018| both. | 0019| G. It is the duty of any commissioned law | 0020| enforcement officer of this state or local governmental entity | 0021| to make arrests and the district attorneys and attorney general | 0022| to prosecute all violations of the Motor Carrier Act. | 0023| Section 38. Section 66-7-413 NMSA 1978 (being Laws 1978, | 0024| Chapter 35, Section 484, as amended) is amended to read: | 0025| "66-7-413. PERMITS FOR EXCESSIVE SIZE AND WEIGHT--SPECIAL NOTIFICATION REQUIRED ON MOVEMENT OF MANUFACTURED | 0001| HOMES.-- | 0002| A. The department and local highway authorities | 0003| may, in their discretion, upon application in writing and good | 0004| cause being shown, issue a special permit in writing | 0005| authorizing the applicant to operate or move a vehicle or load | 0006| of a size or weight exceeding the maximum specified in Sections | 0007| 66-7-401 through 66-7-416 NMSA 1978 on any highway under the | 0008| jurisdiction of the state highway commission or local | 0009| authorities. Except for the movement of manufactured homes, a | 0010| permit may be granted, in cases of emergency, for the | 0011| transportation of loads on a certain unit or combination of | 0012| equipment for a specified period of time not to exceed one | 0013| year, and the permit shall contain the route to be traversed, | 0014| the type of load to be transported and any other restrictions | 0015| or conditions deemed necessary by the body granting the permit. | 0016| In every other case, the permit shall be issued for a single | 0017| trip and may designate the route to be traversed and contain | 0018| any other restrictions or conditions deemed necessary by the | 0019| body granting the permit. Every permit shall be carried in the | 0020| vehicle to which it refers and shall be opened for inspection | 0021| to any peace officer. It is a misdemeanor for any person to | 0022| violate any of the conditions or terms of the special permit. | 0023| B. The department shall charge and collect, when | 0024| the movement consists of any load of a width of twenty feet or | 0025| greater for a distance of five miles or more, the sum of three | 0001| hundred dollars ($300) a day or fraction thereof to defray the | 0002| cost of state or local police escort. The permit issued and | 0003| the fee charged shall be based upon the entire movement at one | 0004| time requiring police escort and not upon the number of | 0005| vehicles involved. | 0006| C. The department shall promulgate regulations in | 0007| accordance with the State Rules Act pertaining to safety | 0008| practices, liability insurance and equipment for escort | 0009| vehicles provided by the motor carrier himself and for escort | 0010| vehicles provided by a private business in this state. | 0011| (1) If a motor carrier provides his own | 0012| escort vehicles and personnel, the department shall not charge | 0013| an escort fee but shall provide the motor carrier escort | 0014| personnel with a copy of applicable regulations and shall | 0015| inspect the escort vehicles for the safety equipment required | 0016| by the regulations. If the escort vehicles and personnel meet | 0017| the requirements set forth in the regulations and if the motor | 0018| carrier holds a valid certificate of registration of insurance | 0019| or registration receipt, whichever is applicable, issued | 0020| pursuant to the Motor Carrier Act, the department shall issue | 0021| the special permit. | 0022| (2) If the escort service is a private | 0023| business, the business shall have applied to the state | 0024| corporation commission for and been issued a certificate of | 0025| registration of insurance pursuant to the Motor Carrier Act. | 0001| The state corporation commission shall supply copies of | 0002| applicable regulations to the business by mail and shall supply | 0003| additional copies upon request. If the escort vehicles and | 0004| personnel meet the requirements set forth in the regulations | 0005| and if the escort service holds a certificate of registration | 0006| of insurance, the special permit shall be issued and the | 0007| department shall not charge an escort fee. | 0008| (3) The movement of vehicles upon the | 0009| highways of this state requiring a special permit and required | 0010| to use an escort of the type noted in Paragraphs (1) and (2) of | 0011| this subsection is subject to department authority and | 0012| inspection at all times. | 0013| (4) The state highway and transportation | 0014| department shall conduct engineering investigations and | 0015| engineering inspections to determine which four-lane highways | 0016| are safe for the operation or movement of manufactured homes | 0017| without an escort. After making that determination, the state | 0018| highway and transportation department shall hold public | 0019| hearings in the area of the state affected by the | 0020| determination, after which it may adopt regulations designating | 0021| those four-lane highways as being safe for the operation or | 0022| movement of manufactured homes without an escort. If any | 0023| portion of such a four-lane highway lies within the boundaries | 0024| of a municipality, the state highway and transportation | 0025| department, after obtaining the approval of the municipal | 0001| governing body, shall include such portions in its regulations. | 0002| D. Except for the movement of manufactured homes, | 0003| special permits may be issued for a single vehicle or | 0004| combination of vehicles by the department for a period not to | 0005| exceed one year for a fee of sixty dollars ($60.00). The | 0006| permits may allow excessive height, length and width for a | 0007| vehicle or combination of vehicles or load thereon and may | 0008| include a provision for excessive weight if the operation is to | 0009| be within the vicinity of a municipality. | 0010| E. Special permits for a single trip for a vehicle | 0011| or combination of vehicles or load thereon of excessive weight, | 0012| width, length and height may be issued for a single vehicle for | 0013| a fee of fifteen dollars ($15.00). | 0014| F. If the vehicle for which a permit is issued | 0015| under this section is a manufactured home, the department or | 0016| local highway authority issuing the permit shall furnish the | 0017| following information to the property tax division of the | 0018| department, which shall then forward the information: | 0019| (1) to the county assessor of any county from | 0020| which a manufactured home is being moved, the date the permit | 0021| was issued, the location being moved from, the location being | 0022| moved to if within the same county, the name of the owner of | 0023| the manufactured home and the identification and registration | 0024| numbers of the manufactured home; | 0025| (2) to the county assessor of any county in | 0001| this state to which a manufactured home is being moved, the | 0002| date the permit was issued, the location being moved from, the | 0003| location being moved to, the name of the owner of the | 0004| manufactured home and the registration and identification | 0005| numbers of the manufactured home; and | 0006| (3) to the owner of a manufactured home | 0007| having a destination in this state, notification that the | 0008| information required in Paragraphs (1) and (2) of this | 0009| subsection is being given to the respective county assessors | 0010| and that manufactured homes are subject to property taxation. | 0011| G. Except as provided in Subsection H of this | 0012| section, if the movement of a manufactured home originates in | 0013| this state, no permit shall be issued under Subsection F of | 0014| this section until the owner of the manufactured home or his | 0015| authorized agent obtains and presents to the department proof | 0016| that a certificate has been issued by the county assessor or | 0017| treasurer of the county in which the manufactured home movement | 0018| originates showing that either: | 0019| (1) all property taxes due or to become due | 0020| on the manufactured home for the current tax year or any past | 0021| tax years have been paid, except for manufactured homes located | 0022| on an Indian reservation; or | 0023| (2) no liability for property taxes on the | 0024| manufactured home exists for the current tax year or any past | 0025| tax years, except for manufactured homes located on an Indian | 0001| reservation. | 0002| H. The movement of a manufactured home from the lot | 0003| or business location of a manufactured home dealer to its | 0004| destination designated by an owner-purchaser is not subject to | 0005| the requirements of Subsection G of this section if the | 0006| manufactured home movement originates from the lot or business | 0007| location of the dealer and the manufactured home was part of | 0008| his inventory prior to the sale to the owner-purchaser; | 0009| however, the movement of a manufactured home by a dealer or his | 0010| authorized agent as a result of a sale or trade-in from a | 0011| nondealer-owner is subject to the requirements of Subsection G | 0012| of this section whether the destination is the business | 0013| location of a dealer or some other destination. | 0014| I. No permit shall be issued under this section for | 0015| movement of a manufactured home whose width exceeds eighteen | 0016| feet with no more than a six-inch roof overhang on the left | 0017| side or twelve inches on the right side in addition to the | 0018| eighteen-foot width of the manufactured home. Manufactured | 0019| homes exceeding the limitations of this section shall only be | 0020| moved on dollies placed on the front and the rear of the | 0021| structure. | 0022| J. The secretary may by regulation provide for | 0023| movers of manufactured homes to self-issue permits for certain | 0024| sizes of manufactured homes over specific routes; however, in | 0025| no case may the cost of each permit be less than fifteen | 0001| dollars ($15.00). | 0002| K. The secretary may provide by regulation for | 0003| dealers of implements of husbandry to self-issue permits for | 0004| the movement of certain sizes of implements of husbandry from | 0005| the lot or business location of the dealer over specific routes | 0006| with specific escort requirements, if necessary, to a | 0007| destination designated by an owner-purchaser or for purposes of | 0008| a working demonstration on the property of a proposed owner-purchaser. The department shall charge a fee for each self-issued permit not to exceed fifteen dollars ($15.00). | 0009| L. Any private motor carrier requesting an oversize | 0010| or overweight permit shall provide proof of insurance in at | 0011| least the following amounts: | 0012| (1) bodily injury liability, providing: | 0013| (a) fifty thousand dollars ($50,000) for | 0014| each person; and | 0015| (b) one hundred thousand dollars | 0016| ($100,000) for each accident; and | 0017| (2) property damage liability, providing | 0018| twenty-five thousand dollars ($25,000) for each accident. | 0019| M. Any common motor carrier of manufactured homes | 0020| requesting an oversize permit shall produce a copy of a | 0021| registration receipt or certificate of registration of | 0022| insurance, whichever is applicable, as evidence that the common | 0023| motor carrier maintains the insurance minimums prescribed by | 0024| the state corporation commission." | 0025| Section 39. Section 66-8-116.2 NMSA 1978 (being Laws | 0001| 1989, Chapter 319, Section 13, as amended) is amended to read: | 0002| "66-8-116.2. PENALTY ASSESSMENT MISDEMEANORS--MOTOR | 0003| CARRIER ACT.--As used in the Motor Vehicle Code and the Motor | 0004| Carrier Act, "penalty assessment misdemeanor" means, in | 0005| addition to the definitions of that term in Sections 66-8-116 | 0006| and 66-8-116.1 NMSA 1978, violation of the following listed | 0007| sections of the NMSA 1978 for which the listed penalty is | 0008| established: | 0009| A. GENERAL | 0010| COMMON NAME OF OFFENSE SECTION VIOLATED PENALTY ASSESSMENT | 0011| Failure to register | 0012| motor carrier 65-1-12 $100.00 | 0013| Failure to carry | 0014| identification card 65-1-26 50.00 | 0015| Failure to comply with | 0016| state corporation | 0017| commission rules and | 0018| regulations Section 4 | 0019| of the Motor Carrier | 0020| Act 50.00 | 0021| Failure to carry | 0022| registration | 0023| receipt as issued | 0024| by a base state Sections | 0025| 4 and 19 of the | 0001| Motor Carrier Act 50.00 | 0002| Failure to carry | 0003| certificate of | 0004| registration of | 0005| insurance issued | 0006| by the state | 0007| corporation | 0008| commission Sections 4 and 16 | 0009| of the Motor Carrier | 0010| Act 250.00 | 0011| Failure to carry | 0012| certificate | 0013| issued by the | 0014| state corporation | 0015| commission Sections 4 and 6 | 0016| or 7 of the Motor | 0017| Carrier Act 250.00 | 0018| Failure to carry | 0019| permit issued | 0020| by the state | 0021| corporation | 0022| commission Sections 4 and | 0023| 14 of the Motor | 0024| Carrier Act 250.00 | 0025| Failure to stop at | 0001| designated | 0002| registration place 65-5-1 100.00 | 0003| Failure to obtain | 0004| proper clearance | 0005| certificates 65-5-3 100.00. | 0006| B. VEHICLE OUT-OF-SERVICE VIOLATIONS | 0007| COMMON NAME OF OFFENSE SECTION VIOLATED PENALTY | 0008| ASSESSMENT | 0009| Absence of braking action 65-3-9 $100.00 | 0010| Damaged brake lining or | 0011| pads 65-3-9 50.00 | 0012| Loose or missing brake | 0013| components 65-3-12 100.00 | 0014| Inoperable breakaway braking | 0015| system 65-3-12 50.00 | 0016| Defective or damaged brake | 0017| tubing 65-3-12 50.00 | 0018| Inoperative low pressure | 0019| warning device 65-3-9 50.00 | 0020| Reservoir pressure not | 0021| maintained 65-3-12 100.00 | 0022| Inoperative tractor | 0023| protection valve 65-3-9 100.00 | 0024| Damaged or loose air | 0025| compressor 65-3-12 100.00 | 0001| Audible air leak at brake | 0002| chamber 65-3-12 50.00 | 0003| Defective safety devices-- | 0004| chains or hooks 65-3-9 100.00 | 0005| Defective towing or coupling | 0006| devices 65-3-9 100.00 | 0007| Defective exhaust systems 65-3-9 30.00 | 0008| Frame defects--trailers 65-3-12 100.00 | 0009| Frame defects--other 65-3-9 100.00 | 0010| Defective fuel systems 65-3-9 50.00 | 0011| Missing or inoperative | 0012| lamps 65-3-9 25.00 | 0013| Missing lamps on projecting | 0014| loads 65-3-9 50.00 | 0015| Missing or inoperative | 0016| turn signal 65-3-9 25.00 | 0017| Unsafe loading 65-3-8 100.00 | 0018| Excessive steering wheel | 0019| play 65-3-9 100.00 | 0020| Steering column defects 65-3-9 100.00 | 0021| Steering box or steering | 0022| system defects 65-3-9 100.00 | 0023| Suspension system defects 65-3-9 50.00 | 0024| Defective springs or spring | 0025| assembly 65-3-9 50.00 | 0001| Defective tires--steering | 0002| axle 65-3-9 100.00 | 0003| Defective tires--other | 0004| axles 65-3-9 30.00 | 0005| Defective wheels and rims 65-3-9 50.00 | 0006| Defective or missing | 0007| windshield wipers 65-3-9 30.00 | 0008| Defective or inoperative | 0009| emergency exit--bus 65-3-9 100.00. | 0010| C. DRIVER OUT-OF-SERVICE VIOLATIONS | 0011| COMMON NAME OF OFFENSE SECTION VIOLATED PENALTY | 0012| ASSESSMENT | 0013| Driver's age 65-3-7 30.00 | 0014| Driver not licensed for | 0015| type of vehicle being | 0016| operated 65-3-7 30.00 | 0017| Failure to have valid | 0018| commercial driver's license | 0019| in possession 66-5-59 30.00 | 0020| No waiver of physical | 0021| disqualification | 0022| in possession 65-3-7 30.00 | 0023| Sickness or fatigue 65-3-8 100.00 | 0024| Driver disqualification 65-3-7 500.00 | 0025| Exceeding the 10-hour | 0001| driving rule 65-3-11 100.00 | 0002| Exceeding the 15-hour on | 0003| duty rule 65-3-11 100.00 | 0004| Exceeding the 60 hours in 7 | 0005| days on duty rule 65-3-11 100.00 | 0006| Exceeding 70 hours in 8 | 0007| days on duty rule 65-3-11 100.00 | 0008| False log book 65-3-11 100.00. | 0009| D. HAZARDOUS MATERIALS OUT-OF-SERVICE VIOLATIONS | 0010| COMMON NAME OF OFFENSE SECTION VIOLATED PENALTY | 0011| ASSESSMENT | 0012| Placarding violations 65-3-13 250.00 | 0013| Cargo tank not meeting | 0014| specifications 65-3-13 250.00 | 0015| Internal valve operation | 0016| violations 65-3-13 250.00 | 0017| Hazardous materials | 0018| packaging violations 65-3-13 250.00 | 0019| Insecure load--hazardous | 0020| materials 65-3-13 250.00 | 0021| Shipping papers violations 65-3-13 30.00 | 0022| Shipment of forbidden | 0023| combination of hazardous | 0024| materials 65-3-13 250.00 | 0025| No hazardous waste | 0001| manifest 65-3-13 30.00 | 0002| Bulk packaging marking | 0003| violations 65-3-13 30.00 | 0004| Cargo tank marking | 0005| violations 65-3-13 30.00." | 0006| Section 40. REPEAL.--Sections 13-2-1, 48-3-19, 65-2-80 | 0007| through 65-2-127 and 65-4-1 through 65-4-18 NMSA 1978 (being | 0008| Laws 1965, Chapter 245, Section 1, Laws 1937, Chapter 150, | 0009| Section 1, Laws 1981, Chapter 358, Sections 1 through 36, Laws | 0010| 1993, Chapter 95, Section 2, Laws 1981, Chapter 358, Sections | 0011| 37 through 46, Laws 1987, Chapter 134, Section 3, Laws 1981, | 0012| Chapter 358, Sections 47 and 48 and Laws 1933, Chapter 120, | 0013| Sections 1 through 17 and 19, as amended) are repealed. | 0014| Section 41. SEVERABILITY.--If any part or application of | 0015| the Motor Carrier Act is held invalid, the remainder or its | 0016| application to other situations or persons shall not be | 0017| affected. | 0018| | 0019| HB 535 | 0020| Page  |