reglab/housing_qa huggingface dataset:
NM Stat § 65-2A-7 (2021)
2021 New Mexico Statutes|Chapter 65 - Motor Carriers|Article 2A - Motor Carrier Act|Section 65-2A-7 - Operating authorities in general.

A. Other than an entity receiving funding to supplement transportation services through Title III B of the federal Older Americans Act of 1965, no person shall offer or provide a transportation service for hire within the state without first obtaining an appropriate operating authority from the commission. Every motor carrier providing a transportation service shall meet and comply with the requirements of the Motor Carrier Act and the lawfully adopted rules and orders of the commission. B. A certificate, permit or warrant, or a change in a certificate or permit, shall be effective from the date issued by the commission and shall remain in effect until canceled, revoked, suspended or amended. C. A motor carrier shall carry a copy of its operating authority in each motor vehicle it operates in New Mexico. D. A certificated service carrier shall render reasonably continuous and adequate service as the commission may by rule prescribe. History: Laws 2003, ch. 359, § 7; 2013, ch. 73, § 6; 2013, ch. 77, § 6; 2016, ch. 58, § 2. ANNOTATIONSThe 2016 amendment, effective March 7, 2016, exempted entities receiving funding to supplement transportation services through the federal Older Americans Act of 1965 from obtaining operating authority from the public regulation commission; in Subsection A, added "Other than an entity receiving funding to supplement transportation services through Title III B of the federal Older Americans Act of 1965". The 2013 amendment, effective July 1, 2013, required persons who offer transportation services for hire to obtain an appropriate operating authority from the commission; added Subsection A; in Subsection B, after "warrant", added "or a change in a certificate or permit", after "revoked", deleted the former second and third sentences, which provided for the period of time a single state registration and a single trip ticket are effective and added "suspended or amended"; in Subsection D, at the beginning of the sentence, after "A", deleted "motor" and added "certificated service"; and deleted former Subsection D, which required motor carriers to comply with the commission's rules.
NM Stat § 65-2A-7.1 (2021)
2021 New Mexico Statutes|Chapter 65 - Motor Carriers|Article 2A - Motor Carrier Act|Section 65-2A-7.1 - Findings.

The legislature finds that: A. the federal Older Americans Act of 1965 was enacted in part to allow older Americans to continue "meaningful activity within the widest range of civic, cultural, education and training and recreational opportunities"; B. federal funding through Title III B of the Older Americans Act of 1965 supplements, but does not supplant, funding for transportation services for older Americans; and C. the Older Americans Act of 1965 specifically authorizes the solicitation of voluntary contributions for services supplemented by Title III B funding as long as the solicitation is not coercive. History: Laws 2016, ch. 58, § 1. ANNOTATIONSEmergency clauses. — Laws 2016, ch. 58, § 3, contained an emergency clause and was approved March 7, 2016.
NM Stat § 65-2A-12 (2021)
2021 New Mexico Statutes|Chapter 65 - Motor Carriers|Article 2A - Motor Carrier Act|Section 65-2A-12 - Warrants.

A. The commission shall issue a warrant that allows a person to provide warranted service as a charter service, towing service or motor carrier of property if the commission finds that the applicant is in compliance with the financial responsibility and safety requirements of the Motor Carrier Act and the rules of the commission. B. A towing service carrier performing nonconsensual tows is subject to tariff rates and terms of service. A towing service carrier performing nonconsensual tows shall not use the same motor vehicles, equipment and facilities used by another warranted towing service carrier performing nonconsensual tows. C. A warrant shall not be transferred or leased to another person. D. The commission may without notice or a public hearing cancel a warrant if the owner fails to operate under the warrant for twelve consecutive months or fails to provide proof of financial responsibility as required by the commission for four consecutive months. History: Laws 2003, ch. 359, § 12; 2013, ch. 73, § 11; 2013, ch. 77, § 11; 2017, ch. 109, § 2. ANNOTATIONSThe 2017 amendment, effective July 1, 2017, removed "commuter services" from the list of entities that are required to obtain a warrant from the public regulation commission authorizing the entity to offer and provide a warranted service as a motor carrier; in Subsection A, after "service as a", deleted "commuter service". The 2013 amendment, effective July 1, 2013, clarified and simplified procedures for granting warrants; deleted former Subsection A, which required a commuter service, charter service, towing service or carrier of property to obtain a warrant; in Subsection A, after "provide", deleted "compensated intrastate transportation" and added "warranted service"; deleted former Subsection C, which provided for protests to applications for warrants; added Subsection B; and in Subsection D, after "twelve consecutive months", added the remainder of the sentence.
NM Stat § 65-2A-17 (2021)
2021 New Mexico Statutes|Chapter 65 - Motor Carriers|Article 2A - Motor Carrier Act|Section 65-2A-17 - Repealed.

History: Laws 2003, ch. 359, § 17; repealed by Laws 2013, ch. 73, § 34 and Laws 2013, ch. 77, § 34.ANNOTATIONSRepeals. — Laws 2013, ch. 73, § 34 and Laws 2013, ch. 77, § 34 repealed 65-2A-17 NMSA 1978, as enacted by Laws 2003, ch. 359, § 17, relating to single trip tickets, effective July 1, 2013. For provisions of former section, see the 2013 NMSA 1978 on NMOneSource.com.
NM Stat § 65-2A-19 (2021)
2021 New Mexico Statutes|Chapter 65 - Motor Carriers|Article 2A - Motor Carrier Act|Section 65-2A-19 - Safety requirements for motor vehicles and drivers.

A. A motor carrier shall provide safe and adequate service, equipment and facilities for the rendition of transportation services in this state. B. The commission shall prescribe safety requirements for drivers and for motor vehicles weighing twenty-six thousand pounds or less or carrying fifteen or fewer persons, including the driver, used by intrastate motor carriers operating in this state. The commission may prescribe additional requirements related to safety, including driver safety training programs, vehicle preventive maintenance programs, inquiries regarding the safety of the motor vehicles and drivers employed by a motor carrier, and the appropriateness of the motor vehicles and equipment for the transportation services to be provided by the motor carrier. C. The New Mexico state police division of the department of public safety may immediately order, without notice or a public hearing, a motor vehicle to be taken out of service for violation of a federal or state law or rule relating to safety if the violation would endanger the public health or safety. D. The commission shall implement rules requiring carriers to obtain criminal background reports for all employed or contract drivers of certificated service carriers and for all other persons employed by certificated household goods service carriers who enter private dwellings in the course of household goods service. History: Laws 2003, ch. 359, § 19; 2013, ch. 73, § 17; 2013, ch. 77, § 17; 2017, ch. 109, § 3. ANNOTATIONSThe 2017 amendment, effective July 1, 2017, removed the provision related to drug testing requirements for any person seeking to be a commuter service driver, and replaced "motor transportation division" with "New Mexico state police division" regarding the authority to order a motor vehicle to be taken out of service for certain safety violations; and deleted former Subsection C, which related to drug testing requirements for commuter service drivers, and redesignated the succeeding subsections accordingly. The 2013 amendment, effective July 1, 2013, required criminal background reports for drivers and persons employed by household goods carriers; in the title, after "drivers", deleted "used in compensated transportation"; and added Subsection E.
NM Stat § 65-2A-22 (2021)
2021 New Mexico Statutes|Chapter 65 - Motor Carriers|Article 2A - Motor Carrier Act|Section 65-2A-22 - Time schedules.

A. A scheduled shuttle service carrier shall file a proposed time schedule with its tariff and shall file any change in its schedule through an amended tariff. B. Failure by a scheduled shuttle service carrier to operate the service on each day pursuant to commission rule as scheduled in its tariff shall result in an appropriate penalty as the commission, in its discretion, shall determine. C. A time schedule shall not be designed to require the operation of a motor vehicle between given terminals or terminal areas at a rate of speed greater than the maximum speed allowed. History: Laws 2003, ch. 359, § 22; 2013, ch. 73, § 20; 2013, ch. 77, § 20. ANNOTATIONSThe 2013 amendment, effective July 1, 2013, required scheduled shuttle services to file a time schedule with their tariff; deleted former Subsection A, which required carriers to file a time schedule with their application for a certificate and required commission approval before the schedule was put into effect; added Subsection A; in Subsection B, at the beginning of the sentence, after "Failure by", deleted "an intrastate common motor carrier of persons" and added "a scheduled shuttle service carrier" and after "service on each day", added "pursuant to commission rule", and after "as scheduled", added "in its tariff"; and in Subsection C, after "given terminals or", deleted "between way stations" and added "terminal areas". Laws 2013, ch. 73, § 20 and Laws 2013, ch. 77, § 20, both effective July 1, 2013, enacted identical amendments to this section. The section was set out as amended by Laws 2013, ch. 77, § 20. See 12-1-8 NMSA 1978.
NM Stat § 65-2A-24 (2021)
2021 New Mexico Statutes|Chapter 65 - Motor Carriers|Article 2A - Motor Carrier Act|Section 65-2A-24 - Motor vehicle leases; driver contracts.

A. An intrastate motor carrier shall not lease a motor vehicle or operate a leased motor vehicle in the course of its transportation service except as provided by commission rule. The commission may approve a motor vehicle lease without notice or a public hearing. B. A motor carrier may use employed or contract drivers or taxicab association member drivers in the provision of a transportation service. Regardless of the provisions of any written or oral agreement between a motor carrier and a contract driver or taxicab association member driver, motor carriers providing transportation services that use contract drivers or taxicab association member drivers remain fully responsible to the commission for complying with all provisions of the Motor Carrier Act and commission rules applicable to transportation service carriers. C. Motor carriers providing intrastate transportation services that use contract drivers or taxicab association member drivers shall maintain, at their principal places of business within the state, a current written agreement with each such driver. No agreement with any contract driver or taxicab association member driver shall contain any provision contrary to a provision of the Motor Carrier Act or a rule of the commission. Each written agreement shall contain a clause that requires the contract driver or taxicab association member driver to adhere to all provisions of the Motor Carrier Act and to all commission rules applicable to transportation service carriers. History: Laws 2003, ch. 359, § 24; 2013, ch. 73, § 22; 2013, ch. 77, § 22. ANNOTATIONSThe 2013 amendment, effective July 1, 2013, provided for the use of employed or contract drivers; in the catchline, added "driver contracts"; in Subsection A, in the first sentence, after "leased motor vehicle", deleted "without approval of each motor vehicle lease from the commission" and added "in the course of its transportation service except as provided by commission rule"; deleted former Subsection B, which required carriers to file separate leases for each vehicle leased; deleted former Subsection C, which prohibited the commission from approving a lease if the purpose of the lease is to circumvent the act; deleted former Subsection D, which required the commission to specify which of two parties to a lease was responsible for complying with the financial responsibility and safety requirements of the act; and added Subsections B and C. Laws 2013, ch. 73, § 22 and Laws 2013, ch. 77, § 22, both effective July 1, 2013, enacted identical amendments to this section. The section was set out as amended by Laws 2013, ch. 77, § 22. See 12-1-8 NMSA 1978.
NM Stat § 65-2A-26.1 (2021)
2021 New Mexico Statutes|Chapter 65 - Motor Carriers|Article 2A - Motor Carrier Act|Section 65-2A-26.1 - Indemnity provisions in motor carrier transportation contracts void.

A. A provision or agreement contained in, collateral to or affecting a motor carrier transportation contract that requires the motor carrier to indemnify or hold harmless, or that has the effect of indemnifying or holding harmless, the shipper from liability for loss or damage resulting from the negligence or intentional acts or omissions of the shipper, or agents, employees or independent contractors that are directly responsible to the shipper, is against the public policy of this state and is void and unenforceable. B. As used in this section, "motor carrier transportation contract": (1) means a contract, agreement or understanding covering: (a) the transportation of property for compensation or hire by the motor carrier; (b) the entrance on real property by the motor carrier for the purpose of loading, unloading or transporting property for compensation or hire; or (c) a service incidental to an activity described in Paragraph (1) or (2) of this subsection, including storage of property; and (2) does not include the Uniform Intermodal Interchange and Facilities Access Agreement administered by the intermodal association of North America or other agreements providing for the interchange, use or possession of intermodal chassis or other intermodal equipment. History: Laws 2009, ch. 183, § 1. ANNOTATIONSEffective dates. — Laws 2009, ch. 183 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 19, 2009, 90 days after the adjournment of the legislature. Applicability. — Laws 2009, ch. 183, § 2 provided that the provisions of Laws 2009, ch. 183, § 1 were applicable to motor carrier transportation contracts entered into or renewed on or after July 1, 2009.
NM Stat § 65-2A-27 (2021)
2021 New Mexico Statutes|Chapter 65 - Motor Carriers|Article 2A - Motor Carrier Act|Section 65-2A-27 - Involuntary suspension, revocation or amendment of operating authorities; reinstatement.

A. The commission shall immediately suspend, without notice or a public hearing, the operating authority of a motor carrier for failure to continuously maintain the forms and amounts of financial responsibility prescribed by commission rule. B. The commission may immediately suspend, without notice or a public hearing, the operating authority of a motor carrier for violation of a safety requirement of the Motor Carrier Act, the commission's rules or the rules of the motor transportation division of the department of public safety, if the violation endangers the public health or safety. C. The commission may, upon complaint or the commission's own initiative and after notice and a public hearing, if required, order involuntary suspension, revocation or amendment, in whole or in part, of an operating authority for failure to: (1) comply with a provision of the Motor Carrier Act; (2) comply with a lawful order or rule of the commission; (3) comply with a term of service of an operating authority or tariff; or (4) render reasonably continuous and adequate service under a certificate. D. The commission may approve an application for reinstatement of an operating authority following involuntary suspension if it finds, after notice and public hearing requirements are met, that: (1) the reasons for the involuntary suspension no longer pertain; and (2) the holder of the operating authority is fit, and a certificate holder is able, to provide the authorized transportation services, and the holder will comply with the Motor Carrier Act and the rules of the commission. History: Laws 2003, ch. 359, § 27; 2013, ch. 73, § 25; 2013, ch. 77, § 25. ANNOTATIONSThe 2013 amendment, effective July 1, 2013, eliminated permits from the scope of the section; in Subsection C, in Paragraph (3), after "term", deleted "condition or limitation" and added "of service" and after "authority" added "or tariff" and in Paragraph (4), after "certificate" deleted "or permit"; and in Subsection D, in Paragraph (2), at the beginning of the sentence, after "the", deleted "owner" and added "holder", after "fit", deleted "willing", after "fit, and", added "a certificate holder is", and after "services, and", deleted "to" and added "the holder will". Laws 2013, ch. 73, § 25 and Laws 2013, ch. 77, § 25, both effective July 1, 2013, enacted identical amendments to this section. The section was set out as amended by Laws 2013, ch. 77, § 25. See 12-1-8 NMSA 1978.
NM Stat § 65-2A-30 (2021)
2021 New Mexico Statutes|Chapter 65 - Motor Carriers|Article 2A - Motor Carrier Act|Section 65-2A-30 - Unauthorized carrying of persons prohibited.

Except in the case of an emergency, a transportation service carrier not authorized to transport passengers shall not carry a passenger, including a hitchhiker, except on-duty employees of the motor carrier or commission representatives on official business in a vehicle used in the provision of transportation service under its operating authority. History: Laws 2003, ch. 359, § 30; 2013, ch. 73, § 28; 2013, ch. 77, § 28. ANNOTATIONSThe 2013 amendment, effective July 1, 2013, clarified the language of the section; at the beginning of the sentence, deleted "A motor" and added "Except in the case of an emergency, a transportation service", after "authorized to transport", deleted "persons" and added "passengers", after "shall not carry a", deleted "person" and added "passenger", and after "official business", deleted "or in case of an emergency" and added "in a vehicle used in the provision of transportation service under its operating authority". Laws 2013, ch. 73, § 28 and Laws 2013, ch. 77, § 28, both effective July 1, 2013, enacted identical amendments to this section. The section was set out as amended by Laws 2013, ch. 77, § 28. See 12-1-8 NMSA 1978.
NM Stat § 65-2A-31 (2021)
2021 New Mexico Statutes|Chapter 65 - Motor Carriers|Article 2A - Motor Carrier Act|Section 65-2A-31 - Witnesses; subpoenas; service of process.

A. If the commission orders a person to appear before it, the commission shall compensate the witness one full day's per diem plus mileage as provided for employees in the Per Diem and Mileage Act [10-8-1 to 10-8-8 NMSA 1978]. The state shall pay such compensation out of the motor transportation fee fund pursuant to rules of the department of finance and administration. Witnesses subpoenaed by parties other than the commission shall be paid the same compensation by the party issuing the subpoena. B. A person shall not be excused from testifying or producing documentary evidence before the commission or a court in obedience to a subpoena of the commission issued pursuant to the Motor Carrier Act on the ground that the testimony or documentary evidence required of the person may tend to incriminate him or subject him to a penalty. A person shall not be prosecuted or subjected to a penalty for a transaction or matter about which he may be required to testify or produce documentary evidence; provided that a person testifying shall not be exempt from prosecution and punishment for perjury committed in testifying. A person shall not be required to testify or produce documentary evidence in response to an inquiry not pertinent to a question lawfully before the commission or court for determination. C. Upon request of a member of the commission, a district court may issue a writ of attachment to a person who fails to comply with a subpoena issued by the commission compelling the person to comply with the subpoena. The court shall have the power to punish for contempt in the same manner as for disobedience of a subpoena issued by the court. D. A member of the commission may administer an oath, certify to an official act, issue a subpoena and compel the attendance of a witness and the production of evidence in hearings before the commission for the purposes provided in the Motor Carrier Act. E. The commission may issue and serve process on the person affected by delivering a copy of the process, signed by a member of the commission, to the person or to an officer or agent of the person. An employee of the commission, a duly authorized law enforcement officer or a person over the age of eighteen who is not a party to the proceeding may serve process and shall return a copy of the process served, with an endorsement of service, to the commission. The endorsed process shall be entered into the record of the proceeding and shall be prima facie evidence that the process was duly served. F. The commission may in writing authorize a commissioner, the chief of staff or other person to investigate and take testimony regarding a matter pending before the commission. History: Laws 2003, ch. 359, § 31. ANNOTATIONSEffective dates. — Laws 2003, ch. 359, § 45 made Laws 2003, ch. 359, § 31 effective July 1, 2003.
NM Stat § 65-2A-32 (2021)
2021 New Mexico Statutes|Chapter 65 - Motor Carriers|Article 2A - Motor Carrier Act|Section 65-2A-32 - Administrative penalties.

A. If the commission finds after investigation that a provision of the Motor Carrier Act or an order or rule of the commission is being, has been or is about to be violated, it may issue an order specifying the actual or proposed acts or omissions to act that constitute a violation and require that the violation be discontinued, rectified or prevented. B. Notwithstanding the existence of any other penalties, the commission may assess an administrative fine of not more than ten thousand dollars ($10,000) for each violation of a provision of the Motor Carrier Act or of a lawful rule or order of the commission. In case of a continuing violation, each day's violation shall be deemed to be a separate and distinct offense. C. Notwithstanding the existence of other penalties, the commission may assess an administrative fine of not more than ten thousand dollars ($10,000) against a person knowingly using a motor carrier not properly authorized by the commission. D. All penalties accruing under the Motor Carrier Act shall be cumulative, and a suit for recovery of one penalty shall not be a bar to or affect the recovery of any other penalty or be a bar to any criminal prosecution under the Motor Carrier Act. History: Laws 2003, ch. 359, § 32. ANNOTATIONSEffective dates. — Laws 2003, ch. 359, § 45 made Laws 2003, ch. 359, § 32 effective July 1, 2003.
NM Stat § 65-2A-34 (2021)
2021 New Mexico Statutes|Chapter 65 - Motor Carriers|Article 2A - Motor Carrier Act|Section 65-2A-34 - Actions to enforce commission orders.

If a person fails to comply with an order of the commission within the time prescribed in the order or within thirty days after the order is entered, whichever is later, unless a stay has been granted, the commission shall seek enforcement of the order in the district court for Santa Fe county. The enforcement hearing shall be held on an expedited basis. At the hearing, the sole question shall be whether the person has failed to comply with the order. History: Laws 2003, ch. 359, § 34. ANNOTATIONSEffective dates. — Laws 2003, ch. 359, § 45 made Laws 2003, ch. 359, § 34 effective July 1, 2003.