reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 65 - Motor Carriers › Article 2A - Motor Carrier Act › Section 65-2A-6 - Notice.

A. The commission shall electronically publish notice regarding an application before the commission for a certificate or permit or for a change in a certificate or permit, regarding proposed rulemaking, or regarding other orders of the commission of general application, by posting a copy of the notice or document on the commission's internet web site and sending electronic mail to all motor carriers, public officials or agencies, or other persons or entities who have previously supplied electronic mail addresses to the commission for the purpose of publication, advising such persons of the filing and posting. If the commission in its discretion should also require publication by newspaper, the requirement is met if notice is published once in a newspaper of general circulation in the state. The commission shall not act on an application for a certificate or permit or for an amendment, lease or transfer of a certificate or permit less than twenty days after the date notice was published.
B. Whenever the Motor Carrier Act requires publication of notice regarding any other matter, the requirement is met if notice is published once in a newspaper of general circulation in the state. The commission shall not act on a matter less than ten days after the date notice was published.
History:
Laws 2003, ch. 359, § 6; 2013, ch. 73, § 5; 2013, ch. 77, § 5.
ANNOTATIONS
The 2013 amendment,
effective July 1, 2013, authorized the commission to electronically publish notice of pending actions of the commission; in Subsection A, in the first sentence, at the beginning of the sentence, deleted "If the Motor Carrier Act requires publication of" and added "The commission shall electronically publish" and after "before the commission", added the remainder of the sentence, at the beginning of the second sentence, added "If the commission in its discretion should also require publication by newspaper", and in the third sentence, after "application", added "for a certificate or permit or for an amendment, lease or transfer of a certificate or permit"; and in Subsection B, in the first sentence, after "notice regarding", added "any other" and after the phrase "any other matter", deleted "other than an application".
Laws 2013, ch. 73, § 5 and Laws 2013, ch. 77, § 5, both effective July 1, 2013, enacted identical amendments to this section. The section was set out as amended by Laws 2013, ch. 77, § 5.
See
12-1-8 NMSA 1978.
2023 New Mexico Statutes › Chapter 65 - Motor Carriers › Article 2A - Motor Carrier Act › Section 65-2A-6 - Notice. (Effective July 1, 2024.)

A. The department shall electronically publish notice regarding an application before the department for a certificate or for a change in a certificate, regarding proposed rulemaking, or regarding other orders of the department of general application, by posting a copy of the notice or document on the department's internet website and sending electronic mail to all motor carriers, public officials or agencies, or other persons or entities who have previously supplied electronic mail addresses to the department for the purpose of publication, advising such persons of the filing and posting. If the department in its discretion should also require publication by newspaper, the requirement is met if notice is published once in a newspaper of general circulation in the state. The department shall not act on an application for a certificate or for an amendment, lease or transfer of a certificate less than twenty days after the date notice was published.
B. Whenever the Motor Carrier Act requires publication of notice regarding any other matter, the requirement is met if notice is published once in a newspaper of general circulation in the state. The department shall not act on a matter less than ten days after the date notice was published.
History:
Laws 2003, ch. 359, § 6; 2013, ch. 73, § 5; 2013, ch. 77, § 5; 2023, ch. 100, § 34.
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.
2023 New Mexico Statutes › Chapter 65 - Motor Carriers › Article 2A - Motor Carrier Act › Section 65-2A-7 - Operating authorities in general. (Effective July 1, 2024.)

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 department. 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 department.
B. A certificate or warrant, or a change in a certificate, shall be effective from the date issued by the department 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 department may by rule prescribe.
History:
Laws 2003, ch. 359, § 7; 2013, ch. 73, § 6; 2013, ch. 77, § 6; 2016, ch. 58, § 2; 2023, ch. 100, § 35.
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.
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.
2023 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.
ANNOTATIONS
Emergency clauses.
— Laws 2016, ch. 58, § 3, contained an emergency clause and was approved March 7, 2016.
2023 New Mexico Statutes › Chapter 65 - Motor Carriers › Article 2A - Motor Carrier Act › Section 65-2A-9 - Certificates for household goods service. (Effective July 1, 2024.)

A. 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 household goods service after notice and public hearing requirements are met, if the applicant:
(1) is fit and able to provide the transportation to be authorized by the certificate;
(2) has a place of business and stations equipment within the state and 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; and
(3) has filed a tariff as provided in Section 65-2A-20 NMSA 1978.
B. Before granting a certificate for household goods service to an applicant, the department shall consider any objections that were filed within the notice period.
C. A certificate issued by the department for provision of household goods service shall contain one or more endorsements, each of which shall specify:
(1) the territory to be served, which shall 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 specified on the basis of county boundaries, subject to other or further specification by the department by rule or in regard to a particular application; and
(2) any reasonable terms of service that the department may allow or require for the particular certificate.
History:
Laws 2003, ch. 359, § 9; 2013, ch. 73, § 8; 2013, ch. 77, § 8; 2023, ch. 100, § 37.
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.
2023 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.
ANNOTATIONS
The 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.
2023 New Mexico Statutes › Chapter 65 - Motor Carriers › Article 2A - Motor Carrier Act › Section 65-2A-12 - Warrants. (Effective July 1, 2024.)

A. The department 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 department finds that the applicant is in compliance with the financial responsibility and safety requirements of the Motor Carrier Act and the rules of the department.
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 department 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 department for four consecutive months.
History:
Laws 2003, ch. 359, § 12; 2013, ch. 73, § 11; 2013, ch. 77, § 11; 2017, ch. 109, § 2; 2023, ch. 100, § 39.
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.
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.
2023 New Mexico Statutes › Chapter 65 - Motor Carriers › Article 2A - Motor Carrier Act › Section 65-2A-14 - Changes in certificates. (Effective July 1, 2024.)

A. A change in a certificate shall not be valid or effective without the approval of the department.
B. The department may, for good cause and after notice and public hearing requirements are met, authorize the following changes in all or part of a certificate at the request of the holder if the department finds:
(1) that the applicant for amendment, lease or transfer of a certificate for passenger service meets the requirements pursuant to Section 65-2A-8 NMSA 1978 for a certificate for such passenger service;
(2) that the applicant for amendment, lease or a transfer of a certificate for household goods service meets the requirements pursuant to Section 65-2A-9 NMSA 1978 for a certificate for such household goods service; and
(3) in addition, that:
(a) for transfer or lease of all or part of a certificate, the transferor-applicant has rendered reasonably continuous and adequate service in the territory to be transferred or leased prior to the application for lease or transfer; and
(b) for transfer of all or a part of a certificate, accrued taxes, rents, wages of employees and other indebtedness pertaining to all or part of a certificate proposed to be transferred have been paid by the transferor-applicant or assumed by the transferee-applicant.
C. The department may, without notice or a public hearing, authorize the following changes in all or part of a certificate at the request of the holder:
(1) voluntary cancellation of the certificate;
(2) voluntary suspension of the certificate for a period not to exceed twelve consecutive months;
(3) change in the form of legal entity or name of the holder of the certificate;
(4) reinstatement of the certificate following voluntary suspension of a period not exceeding twelve consecutive months;
(5) change in control of a holder of the certificate through issuance or transfer of stock or other legal interest in a holder that is a corporation, partnership, trust or other legal business entity; and
(6) matters pertaining to transfers by operation of law.
History:
Laws 2003, ch. 359, § 14; 2013, ch. 73, § 13; 2013, ch. 77, § 13; 2023, ch. 100, § 41.
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" with "department" throughout the section; after each occurrence of "certificate", deleted "or permit" throughout the section; and in the section heading, deleted "or permits"; and in Subsection B, deleted former Paragraph B(3) and redesignated former Paragraph B(4) as Paragraph B(3).
2023 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.
ANNOTATIONS
Repeals.
— 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
.
2023 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.
ANNOTATIONS
The 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.
2023 New Mexico Statutes › Chapter 65 - Motor Carriers › Article 2A - Motor Carrier Act › Section 65-2A-21 - Rates. (Effective July 1, 2024.)

A. Tariffed service carriers shall observe nonpredatory and nondiscriminatory rates and terms of service for the transportation services they provide. A predatory or discriminatory charge for service is unlawful.
B. Reduced rates for minor children accompanied by an adult, for students traveling between their homes and their schools and for persons sixty-five years of age or older shall not be considered discriminatory. A motor carrier shall not furnish free transportation to persons except to bona fide owners, officers, employees or other business personnel of the motor carrier and their dependents.
C. Towing services performing nonconsensual tows may charge rates lower than the rates in their approved tariff to members of not-for-profit motor clubs after those rates have been filed with the department.
D. A household goods service carrier shall establish and observe nonpredatory and nondiscriminatory rates and practices relating to the manner and method of presenting, marking, packing and delivering household goods for transportation and other matters relating to the transportation of household goods.
E. In proceedings to determine the reasonableness of rates, the department shall authorize revenue levels that are adequate under honest, economical and efficient management to cover total operating expenses, including the operation of leased motor vehicles, and depreciation, plus a reasonable profit. The rules adopted by the department to implement this section shall allow a carrier to achieve revenue levels that will provide a flow of net income, plus depreciation, adequate to support prudent capital outlays, ensure the repayment of a reasonable level of debt, permit the raising of needed equity capital and attract and retain capital in amounts adequate to provide a sound motor carrier transportation system in the state.
History:
Laws 2003, ch. 359, § 21; 2013, ch. 73, § 19; 2013, ch. 77, § 19; 2023, ch. 100, § 47.
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.
2023 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.
ANNOTATIONS
The 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.
2023 New Mexico Statutes › Chapter 65 - Motor Carriers › Article 2A - Motor Carrier Act › Section 65-2A-22 - Time schedules. (Effective July 1, 2024.)

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 department rule as scheduled in its tariff shall result in an appropriate penalty as the department, 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; 2023, ch. 100, § 48.
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.
2023 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.
ANNOTATIONS
The 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.
2023 New Mexico Statutes › Chapter 65 - Motor Carriers › Article 2A - Motor Carrier Act › Section 65-2A-24 - Motor vehicle leases; driver contracts. (Effective July 1, 2024.)

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 department rule. The department 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 department for complying with all provisions of the Motor Carrier Act and department 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 department. 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 department rules applicable to transportation service carriers.
History:
Laws 2003, ch. 359, § 24; 2013, ch. 73, § 22; 2013, ch. 77, § 22; 2023, ch. 100, § 50.
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.
2023 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.
ANNOTATIONS
Effective 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.
2023 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.
ANNOTATIONS
The 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.
2023 New Mexico Statutes › Chapter 65 - Motor Carriers › Article 2A - Motor Carrier Act › Section 65-2A-28 - Designation of an agent for service of process. (Effective July 1, 2024.)

A. An applicant for an operating authority shall file with the department an appointment in writing of a resident agent for service of process. The appointment shall specify the address of the agent and shall stipulate that service upon the appointed agent of process of the department or of a court shall have the same force and effect as if service had been made personally upon the motor carrier within this state. The appointment shall continue in force until the motor carrier files an appointment of a substitute agent or until liability against the motor carrier growing out of its operations in the state has terminated. A copy of the appointment, duly certified by the department, shall be accepted as sufficient evidence of appointment of an agent in a court of the state.
B. If the holder of an operating authority from the department operates without appointing a resident agent for service of process, or the department has unsuccessfully attempted to serve process upon the designated resident agent, the holder shall be deemed to have appointed the secretary of state as its resident agent for service of process in an action or proceeding against the motor carrier growing out of an accident, collision or transaction in which the motor carrier may be involved by operating in this state.
C. If the secretary of state is served with process directed to the holder of an operating authority from the department, the secretary of state shall forward the process by certified mail to the motor carrier at the address shown on its last change of address report, annual report or application with respect to its operating authority, whichever is most recent. The secretary of state shall file a certificate of service with the department, which shall be accepted as prima facie proof of service.
D. The secretary of state shall assess to the motor carrier the fee prescribed in Section 65-2A-36 NMSA 1978 for a process from a court served upon the secretary of state but shall not charge a fee for service of department process.
E. The principal motor carrier of a household goods agent shall be deemed to be the agent for service of process of the household goods agent unless the household goods agent notifies the department in writing of the substitution of another agent for service of process.
History:
Laws 2003, ch. 359, § 28; 2013, ch. 73, § 26; 2013, ch. 77, § 26; 2023, ch. 100, § 54.
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.
2023 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.
ANNOTATIONS
The 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.
2023 New Mexico Statutes › Chapter 65 - Motor Carriers › Article 2A - Motor Carrier Act › Section 65-2A-30 - Unauthorized carrying of persons prohibited. (Effective July 1, 2024.)

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 department 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; 2023, ch. 100, § 56.
ANNOTATIONS
The 2023 amendment,
effective July 1, 2024, removed a reference to the public regulation commission due to the transfer of certain powers and duties to the department of transportation; and after "motor carrier or", deleted "commission" and added "department".
2023 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.
ANNOTATIONS
Effective dates.
— Laws 2003, ch. 359, § 45 made Laws 2003, ch. 359, § 31 effective July 1, 2003.
2023 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.
ANNOTATIONS
Effective dates.
— Laws 2003, ch. 359, § 45 made Laws 2003, ch. 359, § 32 effective July 1, 2003.
2023 New Mexico Statutes › Chapter 65 - Motor Carriers › Article 2A - Motor Carrier Act › Section 65-2A-32 - Administrative penalties. (Effective July 1, 2024.)

A. If the department finds after investigation that a provision of the Motor Carrier Act or an order or rule of the department 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 department 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 department. 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 department 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 department.
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; 2023, ch. 100, § 58.
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.
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.
2023 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.
ANNOTATIONS
Effective dates.
— Laws 2003, ch. 359, § 45 made Laws 2003, ch. 359, § 34 effective July 1, 2003.