2023 New Mexico Statutes › Chapter 65 - Motor Carriers › Article 2A - Motor Carrier Act › Section 65-2A-4 - Powers and duties of the department. (Effective July 1, 2024.)

A. In accordance with the Motor Carrier Act, the department shall:
(1) issue operating authorities for a motor carrier operating in New Mexico;
(2) establish minimum requirements for financial responsibility for motor carriers; provided that the financial responsibility standards required shall not be inconsistent with applicable federal standards;
(3) establish safety requirements for intrastate motor carrier motor vehicles and drivers subject to the jurisdiction of the department; provided that the safety requirements shall not be inconsistent with or more stringent than applicable federal safety standards;
(4) establish reasonable requirements with respect to continuous and adequate service to be provided under an operating authority;
(5) regulate the rates of tariffed service carriers to the extent provided in the Motor Carrier Act, including rates and terms of service for storing household goods and motor vehicles;
(6) determine matters of public interest and other matters relating to authorities, rates, territories, nature of service and other terms of service of motor carriers;
(7) have jurisdiction to determine any matter under the Motor Carrier Act relating to any transportation service carrier that has not obtained an appropriate operating authority from the department;
(8) subpoena witnesses and records, enforce its subpoenas through a court and, through the court, seek a remedy for contempt;
(9) hold a public hearing specific to a protest or a request by the traffic safety bureau of the department that has been filed within the notice period in opposition to or in consideration of an application;
(10) create a statewide tariff for household goods service carriers establishing maximum rates that may be charged by carriers; and
(11) adopt rules, issue orders and conduct activities necessary to implement and enforce the Motor Carrier Act.
B. The department may:
(1) designate inspectors who may inspect the records of a motor carrier subject to the Motor Carrier Act and who shall have the powers of peace officers in the state's political subdivisions with respect to a law or rule that the department is empowered to enforce pursuant to Section 65-1-6 NMSA 1978, excluding the enforcement authority granted to the New Mexico state police division of the department of public safety;
(2) institute civil actions in the district court of Santa Fe county in its own name to enforce the Motor Carrier Act, its orders and rules, and in the name of the state to recover assessments of administrative fines;
(3) from time to time, modify the type and nature of service, territory and terms of service of operating authorities previously issued, and change or rescind rates previously approved;
(4) establish statewide tariffs as needed for voluntary and optional use by tariffed service carriers; and
(5) adopt rules to implement these powers.
History:
Laws 2003, ch. 359, § 4; 2013, ch. 73, § 3; 2013, ch. 77, § 3; 2023, ch. 100, § 32.
ANNOTATIONS
The 2023 amendment,
effective July 1, 2024, removed references to the public regulation commission due to the transfer of certain powers and duties to the department of transportation; changed each occurrence of "commission" to "department" throughout the section; and in Subsection A, Paragraph A(9), after "request by the", deleted "transportation division" and added "traffic safety bureau".
Temporary provisions.
— Laws 2023, ch. 100, § 80, effective July 1, 2024, provided that:
A. On July 1, 2024, all staff positions, functions, personnel, appropriations, money, records, equipment, supplies, other property and contractual obligations of the public regulation commission related to motor carrier regulation and enforcement, railroad safety enforcement and ambulance standards are transferred to the department of transportation.
B. Beginning July 1, 2024, all references in law, rules, orders and other official acts to the public regulation commission or the transportation division of the public regulation commission related to motor carrier regulation and enforcement, railroad safety enforcement and ambulance standards shall be deemed references to the department of transportation.
C. Beginning July 1, 2024, all contractual obligations of the public regulation commission related to motor carrier regulation and enforcement, railroad safety enforcement and ambulance standards are binding on the department of transportation.
D. The rules, orders and decisions of the public regulation commission related to motor carrier regulation and enforcement, railroad safety enforcement and ambulance standards shall remain in effect until repealed or amended.