2023 New Mexico Statutes › Chapter 65 - Motor Carriers › Article 2A - Motor Carrier Act › Section 65-2A-8 - Certificates for passenger service. (Effective July 1, 2024.)

A. The department may issue a certificate for a passenger service as follows:
(1) a certificate for an ambulance service;
(2) a certificate for a shuttle service shall be endorsed for nature of service as a scheduled shuttle service or as a general shuttle service;
(3) a certificate for a specialized passenger service shall be endorsed for nature of service as provided by department rule; and
(4) a certificate for a taxicab service shall be endorsed for nature of service as a municipal taxicab service or as a general taxicab service.
B. Except as provided in this section and in Section 65-2A-13 NMSA 1978, the department shall issue a certificate allowing a person to provide passenger service after notice and public hearing requirements are met, if:
(1) the applicant is fit and able to provide the transportation service to be authorized by the certificate;
(2) the applicant is in compliance with the safety and financial responsibility requirements of the Motor Carrier Act, the rules of the department and other applicable federal and state laws and rules;
(3) for an application for ambulance service, the transportation service to be provided under the certificate is or will serve a useful public purpose that is responsive to a public demand or need; and
(4) the applicant has filed a tariff as provided in Section 65-2A-20 NMSA 1978.
C. Before granting a certificate for passenger service, the department shall consider any objections or protests that were filed within the notice period.
D. Before granting a certificate for ambulance service, the department shall also consider the effect that issuance of the certificate would have on existing ambulance service in the territory.
E. A certificate issued by the department for provision of passenger service shall contain one or more endorsements, each of which shall specify the:
(1) nature of service to be rendered;
(2) territory authorized to be served; and
(3) reasonable terms of service as the department may allow or require for the particular certificate.
F. Territorial endorsements to a certificate for passenger service shall:
(1) be limited to territory sought in the application that will be served in a reasonably continuous and adequate manner beginning within thirty days of the issuance of the certificate or such other definite period or date as the department may provide for a particular application and shall generally be authorized on the basis of county or incorporated municipal boundaries, subject to other specification reasonably allowed or required by the department;
(2) except for shuttle services, authorize transportation between points and places within the specified territory, and from points and places within the specified territory to all points and places in the state and return, unless otherwise expressly allowed or specified in the terms of service in the endorsement to the certificate; and
(3) for shuttle services, provide for transportation between two or more specified end or intermediate terminal points or areas, and authorize pick-up or drop-off of passengers throughout a terminal area, but shall not authorize transportation between points and places within a single terminal area or the provision of transportation services in any other areas of the state.
History:
Laws 2003, ch. 359, § 8; 2013, ch. 73, § 7; 2013, ch. 77, § 7; 2023, ch. 100, § 36.
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; and changed each occurrence of "commission" to "department" throughout the section.