reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 3 - MOTOR CARRIER GENERAL PROVISIONS › Part 6 - TARIFFS › Section 18.3.6.13 - NOTICE, REVIEW AND DETERMINATION

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Notice period:
The department shall issue notice of a completed
				application for tariff change with a copy of the proposed tariff. The notice
				period is 19 calendar days after a completed application is filed with the
				department, excluding the day of filing, and including weekends and holidays.
				If the last day is a weekend or holiday, then the notice period ends on the
				next business day.
B.
Review:
No protest or objection is permitted or considered in
				response to a tariff change application. A hearing on a proposed tariff rate
				increase may be either requested by the applicant or required by the department
				during the notice period to further consider the lawfulness or reasonableness
				of the proposed rate increase. If a hearing is initiated, the motor carrier may
				apply for temporary authority to increase rates during the period of
				consideration and until the department issues a determination on the tariff
				change application.
C.
Determination:
(1)
Approved by
				default:
If no hearing is initiated for the purpose of reviewing a
				proposed tariff rate increase, a tariff change shall be approved by default and
				become effective 20 days after the date that the completed application was
				filed with the department.
(2)
Final decision:
If a hearing is initiated on the tariff change
				application, or if a complaint is received that requires an investigation of
				the applicant's existing or proposed tariff, a determination will be delayed
				for further consideration and required proceedings. Following such
				administrative proceedings, a final written determination shall be issued to
				approve, deny, or modify the proposed tariff as provided by law.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 3 - MOTOR CARRIER GENERAL PROVISIONS › Part 6 - TARIFFS › Section 18.3.6.14 - COMPLAINTS, INVESTIGATIONS AND PENALTIES

Current through Register Vol. 35, No. 13, July 16, 2024
If a written complaint is submitted to the department
				  regarding tariff rates, terms of service, or related practice, that suggests
				  that the tariff service is provided in a manner that is inconsistent with the
				  laws, operating authority or approved tariff, the department may immediately
				  suspend the operation of the rate, term of service or practice for up to 60
				  days to investigate. If the department determines that the complaint is
				  substantiated, the department may modify and impose a tariff to comply with the
				  legal requirements and pursue any penalties as prescribed by
				  law.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 3 - MOTOR CARRIER GENERAL PROVISIONS › Part 7 - REPORTS, RECORDS, AND ACCOUNTS › Section 18.3.7.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Sections 65-2A-4, and 65-2A-29 NMSA 1978, and 2023 N.M. Laws,
				  Chapter 100, Section 81.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 3 - MOTOR CARRIER GENERAL PROVISIONS › Part 7 - REPORTS, RECORDS, AND ACCOUNTS › Section 18.3.7.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
July 1, 2024, unless a later date is cited at the end of a
				  section.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 3 - MOTOR CARRIER GENERAL PROVISIONS › Part 7 - REPORTS, RECORDS, AND ACCOUNTS › Section 18.3.7.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The purpose of this rule is to implement Section 65-2A-29
				  NMSA 1978.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 3 - MOTOR CARRIER GENERAL PROVISIONS › Part 7 - REPORTS, RECORDS, AND ACCOUNTS › Section 18.3.7.8 - MANDATORY REPORTING OF CERTAIN ACCIDENTS

Current through Register Vol. 35, No. 13, July 16, 2024
Every motor carrier shall immediately report to law
				  enforcement and, and promptly report to the department, any accident which
				  occurs during authorized operations within the state that results in the death
				  of a person, an injury to a person that requires licensed professional medical
				  treatment, or an imminent risk to the public health and safety such as a fire
				  or release of hazardous materials. A completed uniform crash report shall be
				  obtained from law enforcement and submitted to the department by the motor
				  carrier as soon as reasonably possible.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 3 - MOTOR CARRIER GENERAL PROVISIONS › Part 7 - REPORTS, RECORDS, AND ACCOUNTS › Section 18.3.7.9 - RECORDS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Retention:
All required records shall be retained for a period of
				no less than three complete calendar years beginning the first January after
				the creation of the record or, for driver and equipment files, after the date
				of permanent departure from engagement in the motor carrier's authorized
				operations.
B.
Preservation:
A motor carrier shall take reasonable steps to
				protect required records from destruction and physical hazards and shall
				promptly notify the department if any required records are substantially
				damaged or destroyed.
C.
Location:
Required records must be maintained at the motor
				carrier's principal place of business within the state unless the department
				issues a written exception for good cause on a showing by the motor carrier
				that records maintained outside the state will be reasonably accessible to the
				department for inspection upon demand.
D.
Production:
Records are
				subject to inspection by the department at any time and shall be maintained so
				that they are reasonably accessible.
E.
Required records:
(1)
Financial accounts:
An
				ordered system of financial records shall be maintained in conformity with
				generally accepted accounting principles (GAAP) such that all expenditures and
				revenues in connection with intrastate operations in New Mexico are fully
				documented and supported, to include:
(a) all
				invoices, work orders, fuel records, bills of landing, warehouse receipts,
				vouchers and statements supporting disbursements;
(b) all receipts or memoranda with respect to
				all petty cash reimbursements; and
(c) all bank statements, deposit slips and
				canceled checks.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 3 - MOTOR CARRIER GENERAL PROVISIONS › Part 7 - REPORTS, RECORDS, AND ACCOUNTS › Section 18.3.7.10 - ANNUAL REPORT

Current through Register Vol. 35, No. 13, July 16, 2024
Every motor carrier shall file on the prescribed form a
				  completed annual report of its operations on or before March 1 of each year for
				  the immediately preceding calendar year unless March 1 is a holiday or weekend,
				  then reports shall be due on the next business day.
A.
Authorized affirmation:
The
				accuracy of the contents of the report must be affirmed by the authorized
				signature(s) of: the owner, if the motor carrier is a sole proprietorship; a
				partner, if the motor carrier is a partnership; an authorized member, if the
				motor carrier is a limited liability company; or the president and secretary,
				if the motor carrier is a corporation.
B.
Penalties for failure to timely
				file:
The commission may assess fines and may initiate proceedings to
				suspend the operating authority of a motor carrier for failure to timely file a
				completed annual report as required by these rules.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 3 - MOTOR CARRIER GENERAL PROVISIONS › Part 7 - REPORTS, RECORDS, AND ACCOUNTS › Section 18.3.7.11 - CONTENTS OF ANNUAL REPORT

Current through Register Vol. 35, No. 13, July 16, 2024
The annual report shall be on the prescribed form and
				  include all information as listed below.
A.
Identifying information:
Some
				information may be provided by checking a box on the prescribed form. For
				example, a check-the-box option may be provided to indicate that there are no
				changes to report for that specific item from the annual report or application
				submitted by the motor carrier in the prior calendar year.
(1) operating authority number(s);
(2) the authorized signatory's name, title,
				phone number and e-mail address;
(3) the business name, all trade or d/b/a
				names, and business telephone number;
(4) physical and mailing address of the
				principal place of business;
(5)
				name, mailing and e-mail address for a designated agent for service of
				process;
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 3 - MOTOR CARRIER GENERAL PROVISIONS › Part 8 - CHANGES IN CERTIFICATES › Section 18.3.8.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Section 65-2A-4 NMSA 1978, and 2023 N.M. Laws, Chapter 100,
				  Section 81.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 3 - MOTOR CARRIER GENERAL PROVISIONS › Part 8 - CHANGES IN CERTIFICATES › Section 18.3.8.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
July 1, 2024, unless a later date is cited at the end of a
				  section.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 3 - MOTOR CARRIER GENERAL PROVISIONS › Part 8 - CHANGES IN CERTIFICATES › Section 18.3.8.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The purpose of this rule is to implement Section 65-2A-14
				  NMSA 1978.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 3 - MOTOR CARRIER GENERAL PROVISIONS › Part 8 - CHANGES IN CERTIFICATES › Section 18.3.8.8 - CERTIFICATE CHANGE FOLLOWING A TRANSFER BY OPERATION OF LAW

Current through Register Vol. 35, No. 13, July 16, 2024
This section shall apply whenever the ownership of, or
				  interest in, a certificate passes to another by operation of law, such as upon
				  inheritance, bequest, order in bankruptcy or insolvency, execution sale,
				  repossession upon default of a loan, lease or executory sales contract.
A. Notice: The personal representative,
				executor, administrator, receiver, trustee or other representative or successor
				in interest of the operating authority shall sign and submit to the department
				a notice of transfer by operation of law. The notice shall contain:
(1) the name of the holder from whom the
				certificate is to be transferred;
(2) the circumstances resulting in the
				transfer by operation of law; and
(3) a certified copy of a court order or
				other document admissible pursuant to the New Mexico rules of evidence,
				establishing that the transfer by operation of law has occurred;
(4) whether the successor intends to modify
				or continue operations under the certificate, or to voluntarily suspend or
				cancel the certificate.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 3 - MOTOR CARRIER GENERAL PROVISIONS › Part 8 - CHANGES IN CERTIFICATES › Section 18.3.8.9 - CHANGE TO THE FORM OF LEGAL ENTITY, NAME OR CONTROL OF A CERTIFICATE HOLDER

Current through Register Vol. 35, No. 13, July 16, 2024
A. An application
				for a change of name, form or control of legal entity, or control of a holder
				of the certificate shall be on the prescribed form accompanied by any required
				fee, and shall include updates to the information, documents and statements
				required for applications in
				18.3.2.9 NMAC, and insurance
				filing forms in the new name, if applicable.
B. The department shall conduct a legal
				review to ensure that the change does not involve a transfer or lease of
				authority for which a notice and hearing are required, and additional documents
				may be required for the purpose of such review. Once the application is deemed
				complete and appropriate to the situation, the department shall promptly issue
				a new certificate to reflect the change
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 3 - MOTOR CARRIER GENERAL PROVISIONS › Part 8 - CHANGES IN CERTIFICATES › Section 18.3.8.10 - LEASE OR VOLUNTARY TRANSFER OF A CERTIFICATE

Current through Register Vol. 35, No. 13, July 16, 2024
If a certificate holder seeks to lease all or part of its
				  certificate, or to transfer its certificate, an application for certificate
				  authorization, as described in 18.3.2 NMAC, must be submitted along with any
				  required fee. Additional information is required as part of that application,
				  as provided below, and the application may be contested by protest, objection,
				  or by staff.
A.
Lease of
				certificate information:
An applicant for a lease of a certificate, in
				whole or in part, shall submit:
(1) whether
				the certificate will be leased in whole or in part, describing the
				part;
(2) a copy of the proposed
				lease, containing provisions specifying:
(a)
				that the proposed lease is not effective until approved by the
				department;
(b) the term of the
				lease providing specific dates or conditions.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 3 - MOTOR CARRIER GENERAL PROVISIONS › Part 8 - CHANGES IN CERTIFICATES › Section 18.3.8.11 - CERTIFICATE CANCELLATION, VOLUNTARY SUSPENSION AND REINSTATEMENT

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Application:
A certificate holder may apply to permanently cancel
				its certificate or to voluntary suspend all or a part of its certificate for a
				period of up to 12 consecutive months. The application shall be submitted on
				the prescribed form with any required fee and contain:
(1) whether the suspension is sought for all
				or part of its certificate, with a description of the partial nature of any
				suspension sought; and
(2) the date
				on which the applicant proposes to permanently cancel or to suspend all or part
				of its certificate and the length of the suspension period, which shall not
				exceed 12 consecutive months.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 3 - MOTOR CARRIER GENERAL PROVISIONS › Part 9 - LEASING OF EQUIPMENT › Section 18.3.9.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Section 65-2A-4 NMSA 1978, 2023 N.M. Laws, Chapter 100,
				  Section 81.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 3 - MOTOR CARRIER GENERAL PROVISIONS › Part 9 - LEASING OF EQUIPMENT › Section 18.3.9.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
July 1, 2024, unless a later date is cited at the end of a
				  section.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 3 - MOTOR CARRIER GENERAL PROVISIONS › Part 9 - LEASING OF EQUIPMENT › Section 18.3.9.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The purpose of this rule is to implement Section 65-2A-24
				  NMSA 1978.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 3 - MOTOR CARRIER GENERAL PROVISIONS › Part 9 - LEASING OF EQUIPMENT › Section 18.3.9.8 - NOTICE OF LEASE

Current through Register Vol. 35, No. 13, July 16, 2024
Prior to, or within three days of, placing a leased vehicle
				  into use a motor carrier must file a notice of equipment lease with the
				  department. The notice shall include:
A. the date that the vehicle is or was placed
				in service, the period of the lease or the final date that the vehicle was
				used; full identification of the vehicle make, model, model year and VIN; the
				state of registration; and the registration license plate number;
B. verification that each vehicle leased or
				to be leased complies with all applicable laws including financial
				responsibility and safety requirements.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 3 - MOTOR CARRIER GENERAL PROVISIONS › Part 9 - LEASING OF EQUIPMENT › Section 18.3.9.10 - RESPONSIBILITY FOR COMPLIANCE WITH APPLICABLE LAW

Current through Register Vol. 35, No. 13, July 16, 2024
A. The motor carrier is responsible at all
				times for ensuring that the leased vehicle complies with all applicable
				laws.
B. The motor carrier shall
				maintain a copy of the written lease and a record of use of the leased vehicle
				in its equipment records, including the dates that the vehicle is or was in
				service; full identification of the vehicle make, model, model year and VIN;
				the state of registration; and the registration license plate number.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 3 - MOTOR CARRIER GENERAL PROVISIONS › Part 10 - PARENTAL RESPONSIBILITY › Section 18.3.10.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule applies to the issuance, renewal, suspension or
				  revocation of any operating authority issued by the
				  department.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 3 - MOTOR CARRIER GENERAL PROVISIONS › Part 10 - PARENTAL RESPONSIBILITY › Section 18.3.10.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Section 40-5A-9 NMSA 1978, and 2023 N.M. Laws, Chapter 100,
				  Section 81.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 3 - MOTOR CARRIER GENERAL PROVISIONS › Part 10 - PARENTAL RESPONSIBILITY › Section 18.3.10.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
July 1, 2024, unless a later date is cited at the end of a
				  section.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 3 - MOTOR CARRIER GENERAL PROVISIONS › Part 10 - PARENTAL RESPONSIBILITY › Section 18.3.10.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The purpose of this rule is to implement the requirements of
				  the Parental Responsibility Act, Sections 40-5A-1 to 40-5A-13 NMSA
				  1978.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 3 - MOTOR CARRIER GENERAL PROVISIONS › Part 10 - PARENTAL RESPONSIBILITY › Section 18.3.10.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
In addition to the definitions in Section 40-5A-3 NMSA 1978,
				  as used in this rule:
A.
holder
means a sole proprietorship or partnership that has an
				operating authority from the commission;
B.
HCA
means the New Mexico
				health care authority;
C.
operating authority
means a certificate or warrant issued by the
				department;
D.
statement of
				compliance
means a recent certified statement from HCA stating that an
				applicant or holder is in current compliance with a judgment and order for
				support.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 3 - MOTOR CARRIER GENERAL PROVISIONS › Part 10 - PARENTAL RESPONSIBILITY › Section 18.3.10.8 - HCA-CERTIFIED LIST

Current through Register Vol. 35, No. 13, July 16, 2024
Upon receipt of an HCA-certified list, the department shall
				  review the list against a current list of applicants and holders. By the end of
				  the month in which the HCA-certified list is received, the director shall
				  report to HCA the names of any applicants and holders who are on the
				  HCA-certified list and the actions taken with regard to such applicants and
				  holders.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 3 - MOTOR CARRIER GENERAL PROVISIONS › Part 10 - PARENTAL RESPONSIBILITY › Section 18.3.10.9 - NOTICE

Current through Register Vol. 35, No. 13, July 16, 2024
A. The department
				shall notify the applicant or holder in writing that a statement of compliance
				is due within 30 days of the date the notification was issued.
B. The notice shall advise that a failure to
				timely provide the statement of compliance shall result in the rejection of an
				application or the commencement of a formal hearing to suspend or revoke any
				associated operating authorities.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 3 - MOTOR CARRIER GENERAL PROVISIONS › Part 10 - PARENTAL RESPONSIBILITY › Section 18.3.10.10 - SANCTIONS

Current through Register Vol. 35, No. 13, July 16, 2024
If an applicant or holder fails to provide a timely
				  statement of compliance, the department shall:
A. reject the application on the grounds that
				the applicant is ineligible under Section 40-5A-4 NMSA 1978; or
B. initiate a proceeding to suspend or revoke
				the holder's operating authority pursuant to this rule and Section 40-5A-6 NMSA
				1978.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 3 - MOTOR CARRIER GENERAL PROVISIONS › Part 10 - PARENTAL RESPONSIBILITY › Section 18.3.10.11 - EVIDENCE AND PROOF

Current through Register Vol. 35, No. 13, July 16, 2024
In a compliance hearing, relevant evidence is limited to the
				  accuracy of the identification of the holder on the HCA-certified list and the
				  failure of the holder to timely provide a statement of compliance. Extenuating
				  circumstances may be presented and considered, subject to objection.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 3 - MOTOR CARRIER GENERAL PROVISIONS › Part 11 - HOUSEHOLD GOODS CARRIERS › Section 18.3.11.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule applies to all household goods carriers (HGCs)
				  subject to the jurisdiction of the department.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 3 - MOTOR CARRIER GENERAL PROVISIONS › Part 11 - HOUSEHOLD GOODS CARRIERS › Section 18.3.11.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Sections 65-2A-4, 65-2A-25, and 65-2A-26 NMSA 1978, and 2023
				  N.M. Laws, Chapter 100, Section 8.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 3 - MOTOR CARRIER GENERAL PROVISIONS › Part 11 - HOUSEHOLD GOODS CARRIERS › Section 18.3.11.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
July 1, 2024, unless a later date is cited at the end of a
				  section.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 3 - MOTOR CARRIER GENERAL PROVISIONS › Part 11 - HOUSEHOLD GOODS CARRIERS › Section 18.3.11.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The purpose of this rule is to implement Sections 65-2A-25
				  and 65-2A-26 NMSA 1978.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 3 - MOTOR CARRIER GENERAL PROVISIONS › Part 11 - HOUSEHOLD GOODS CARRIERS › Section 18.3.11.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
accessorial services
means services such as packing, marking,
				unpacking, and appliance servicing, assembling, and disassembling that the
				shipper requests to be performed or are necessary because of special
				circumstances;
B.
bill of
				lading
means the receipt for the shipper's household goods and the
				contract for their transportation;
C.
binding estimate
means an
				agreement made in advance between the shipper and the HGC that guarantees the
				total cost of the move based on the quantities and services shown on the
				estimate;
D.
exclusive use of
				a vehicle
means an agreement that the shipper's shipment will be moved
				by itself on the HGC's transporting motor vehicle;
E.
expedited service
means an
				agreement between the shipper and the HGC to perform transportation by a set
				date in exchange for a higher charge;
F.
guaranteed pickup and delivery
				service
means an agreement between the shipper and the HGC to pick up
				and deliver the shipment on specified dates that provides for the HGC to
				reimburse the shipper for delays;
G.
inventory
means the detailed
				descriptive list of the shipper's household goods showing the number and
				condition of each item;
H.
non-binding estimate
means the carrier's approximation of the cost
				of the move based on the estimated weight of the shipment and the accessorial
				services requested; a non-binding estimate is not enforceable against the
				carrier as the final charges are based on the actual weight and tariff
				provisions in effect;
I.
shipper
means the consumer of the HGC services.
J.
storage in transit
means
				temporary storage of the shipper's shipment pending further
				transportation.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 3 - MOTOR CARRIER GENERAL PROVISIONS › Part 11 - HOUSEHOLD GOODS CARRIERS › Section 18.3.11.8 - COST ESTIMATES

Current through Register Vol. 35, No. 13, July 16, 2024
An HGC must provide a written cost estimate to the shipper
				  prior to loading the household goods. The estimate must clearly describe the
				  shipment and all services requested and list the maximum amount the shipper may
				  be required to pay. The HGC shall retain for inspection a copy of each estimate
				  that resulted in the provision of services for a period of three years.
A.
Binding estimates of total
				cost:
(1) The HGC may charge for
				providing a binding estimate.
(2)
				Charges are limited to the maximum amount listed on the binding estimate and
				payment is due at the time of delivery. Upon such payment, the HGC must release
				the goods to the shipper. If the shipper does not pay the charges at the time
				the shipment is delivered, the HGC may place the shipment in storage at the
				shipper's expense until the charges are paid.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 3 - MOTOR CARRIER GENERAL PROVISIONS › Part 11 - HOUSEHOLD GOODS CARRIERS › Section 18.3.11.9 - LIMITATIONS ON SERVICE OPTIONS

Current through Register Vol. 35, No. 13, July 16, 2024
An HGC may offer the following service options. However, an
				  HGC may not charge for these or any other services unless the charge is
				  included in the HGC's commission-approved tariff.
A.
Space reservation:
The HGC
				may not enter into an agreement for the shipper to pay for a minimum number of
				cubic or linear feet in the HGC's transporting vehicle, regardless of how much
				space is actually occupied by the shipment, when the shipment completely
				occupies the transporting vehicle.
B.
Expedited service:
An HGC may
				subject shipments weighing less than the minimums specified in this subsection
				to reasonable delay for consolidation aboard a single vehicle. When a shipper
				orders expedited service with a specified delivery date and the HGC is unable
				to consolidate the shipment with other shipments, the HGC may base
				transportation charges on the specified minimum weights.
(1) Shipments moving zero to fifty miles,
				3,000 pounds minimum;
(2) Shipments
				moving fifty miles to one hundred miles, 5,000 pounds minimum;
(3) Shipments moving one hundred and one
				miles to two hundred miles, 8,000 pounds minimum;
(4) Shipments moving two hundred and one
				miles to 300 miles, 10,000 pounds minimum;
(5) Shipments moving three hundred and one
				miles and up, 12,000 pounds minimum.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 3 - MOTOR CARRIER GENERAL PROVISIONS › Part 11 - HOUSEHOLD GOODS CARRIERS › Section 18.3.11.10 - BILL OF LADING

Current through Register Vol. 35, No. 13, July 16, 2024
A. Before
				accepting household goods for transport, the HGC shall prepare and deliver to
				the shipper a complete bill of lading for every shipment it will
				transport.
B. A copy of the bill of
				lading should accompany the shipment at all times.
C. The HGC shall retain a copy of the bill of
				lading in its files for a period of three years.
D. All bills of lading shall comply with, be
				governed by, and have the consequences stated in the Uniform Commercial Code of
				New Mexico and any other applicable law.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 3 - MOTOR CARRIER GENERAL PROVISIONS › Part 11 - HOUSEHOLD GOODS CARRIERS › Section 18.3.11.11 - CONTENTS OF THE BILL OF LADING

Current through Register Vol. 35, No. 13, July 16, 2024
Use of the uniform bill of lading meets the requirements of
				  this rule. If another form is used, the bill of lading must contain at least
				  the following information:
A. the
				number of the bill of lading;
B.
				the name, address, telephone number and NMPRC transportation number of the
				issuing HGC;
C. the name and
				address of any other HGCs participating in the shipment, if known;
D. the date the shipment was received by the
				HGC;
E. the name, address and, if
				available, telephone number of the shipper;
F. the points of origin and
				destination;
G. a description of
				the items tendered and received for transportation;
H. the weight, volume, or measurement of the
				items tendered and received for transportation, if applicable to the rating of
				the freight;
I. where applicable,
				the valuation of the shipment on which the bill of lading was issued;
J. if known, the amount of charges, method of
				payment and, if a cash on delivery (COD) shipment, the amount of the COD
				charges and the name of the person who is to pay the charges;
K. agreed pick-up and delivery date, if any;
				and
L. identification number
				assigned to the shipment by the HGC, if any.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 3 - MOTOR CARRIER GENERAL PROVISIONS › Part 11 - HOUSEHOLD GOODS CARRIERS › Section 18.3.11.12 - INVENTORY

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Required:
The HGC shall prepare an inventory of each shipment
				prior to transport.
(1) The inventory shall
				consist of a description of each article in the shipment, shall list any damage
				or unusual wear, and shall indicate which containers were packed or crated by
				the HGC and which were packed or crated by the shipper.
(2) The HGC and the shipper shall each sign
				the inventory, and the shipper shall then be solely responsible for its
				accuracy.
(3) At the time the
				shipment is delivered, the shipper shall be given the opportunity to check the
				items delivered against the items listed on the inventory. If new damage is
				discovered, the shipper shall be given the opportunity to record it on the
				inventory.
(4) The HGC shall retain
				a legible copy of the inventory in its files for a period of three
				years.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 3 - MOTOR CARRIER GENERAL PROVISIONS › Part 11 - HOUSEHOLD GOODS CARRIERS › Section 18.3.11.13 - WEIGHING

Current through Register Vol. 35, No. 13, July 16, 2024
A. The HGC shall
				follow weighing practices designed to ensure reasonable accuracy.
B. Each time a weighing is performed the HGC
				shall obtain a weight ticket showing the date and place of weighing and the
				weight obtained. The person who performed the weighing shall sign the
				ticket.
C. The weight of a shipment
				shall be the difference between the tare weight of the vehicle on which the
				shipment is loaded and the gross weight of the same vehicle after the shipment
				is loaded.
D. While weighing, the
				HGC's vehicle shall have full fuel tanks and shall contain the equipment
				required to transport the shipment, including pads, dollies and
				ramps.
E. Shipments weighing less
				than 1,000 pounds may be weighed separately on a certified scale.
F. The shipper or its agent has the right to
				observe all weighings.
G. A shipper
				or its agent may request a re-weigh prior to the HGC unloading the shipment.
				Charges shall be based on the re-weigh.
H. No HGC shall charge for weighing or
				re-weighing.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 3 - MOTOR CARRIER GENERAL PROVISIONS › Part 11 - HOUSEHOLD GOODS CARRIERS › Section 18.3.11.14 - RECEIPT FOR DELIVERY

Current through Register Vol. 35, No. 13, July 16, 2024
A. The HGC
				shall provide the shipper with a receipt for delivery that includes at a
				minimum the bill of lading, a copy of the inventory and, if applicable, the
				weigh tickets.
B. No HGC shall
				require a shipper to sign a receipt that relieves the HGC from all liability
				for loss or damage to the shipment.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 3 - MOTOR CARRIER GENERAL PROVISIONS › Part 11 - HOUSEHOLD GOODS CARRIERS › Section 18.3.11.15 - LIABILITY FOR LOSS AND DAMAGE

Current through Register Vol. 35, No. 13, July 16, 2024
The HGC is required to assume, at a minimum, liability for
				  the released value of the shipper's goods.
A.
Released value:
(1) The HGC shall not charge for assuming
				liability for the released value of a shipment.
(2) The HGC shall specify in its tariff a
				rate per pound for released value liability.
(3) The HGC shall settle loss or damage
				claims based on the pound weight of the lost or damaged article multiplied by
				the tariffed rate.
(4) The shipper
				must declare acceptance of released value liability on the bill of
				lading.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 3 - MOTOR CARRIER GENERAL PROVISIONS › Part 11 - HOUSEHOLD GOODS CARRIERS › Section 18.3.11.16 - CLAIMS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Upon discovery
				of a claim for loss, damage, overcharge, or any other matter, the shipper shall
				immediately notify the HGC in writing and give the HGC a reasonable opportunity
				to inspect the item that is the basis for the claim and the original package,
				if any. The claim shall be accompanied by the original or a true copy of the
				bill of lading.
B. The HGC shall
				not be responsible for loss or damage occurring:
(1) after the shipper or the shipper's agent
				has been given the opportunity to check the items delivered against the items
				listed on the inventory and has signed the inventory without noting any loss or
				damage;
(2) when the shipper
				directs the HGC to deliver the shipment to a place where the shipper or the
				shipper's agent is not present; or
(3) when the HGC is directed to load a
				shipment at a place where the shipper or the shipper's agent is not
				present.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 3 - MOTOR CARRIER GENERAL PROVISIONS › Part 11 - HOUSEHOLD GOODS CARRIERS › Section 18.3.11.17 - NOTICE TO PROSPECTIVE SHIPPERS

Current through Register Vol. 35, No. 13, July 16, 2024
An HGC shall deliver to every shipper a written notice
				  containing a statement in substantially the following form: "This motor carrier
				  operates pursuant to NMDOT Operating Authority No., (insert operating authority
				  number). If you have questions or problems with the service provided by this
				  company, contact the New Mexico department of transportation, P.O. Box 1149,
				  Santa Fe, NM 87504-1149, 505-795-1401."
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 3 - MOTOR CARRIER GENERAL PROVISIONS › Part 11 - HOUSEHOLD GOODS CARRIERS › Section 18.3.11.18 - HOUSEHOLD GOODS AGENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Any
				contract or agreement between an HGC and its agent shall be in writing and
				shall specify the territory in which the agent is to serve. Each party shall
				keep a copy of the contract as part of its records at its principal place of
				business.
B. Each HGC shall file a
				current, accurate list of its agents and their telephone numbers and physical
				locations and mailing addresses with its annual report. An HGC shall report any
				additions or deletions from the list to the commission as they occur.
C. The HGC's agent shall operate under the
				trade name of the HGC it represents, shall display the trade name of the HGC
				prominently in its advertising and shall, in all representations to the public,
				prominently display the name of the HGC and the fact that the agent is acting
				as the HGC's agent.
D. The HGC's
				agent shall prominently display the trade name of the HGC principal on all
				vehicles owned by the agent and used in the pick-up and delivery of intrastate
				shipments.
E. The HGC's agent shall
				maintain at its place of business for inspection by the public copies of the
				tariffs under which the HGC operates.
F. The HGC's agent shall retain as part of
				its records for a period of three years all documents relating to every
				shipment that it negotiates or handles, including but not limited to all
				estimates, contracts, bills of lading, waybills, and freight bills.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 3 - MOTOR CARRIER GENERAL PROVISIONS › Part 11 - HOUSEHOLD GOODS CARRIERS › Section 18.3.11.19 - JOINT TRANSPORTATION BETWEEN HGCS

Current through Register Vol. 35, No. 13, July 16, 2024
A. No HGC shall arrange any shipment to,
				from, or between points it is not authorized to serve.
B. An HGC may share in the revenue from a
				shipment only if it has authority to haul it. All charges for joint
				transportation shall be collected by the HGC domiciled in New Mexico who booked
				or transported it and that HGC shall account to all participating HGCs for
				their share of the charges.
C. Each
				bill of lading, route manifest, and freight bill shall bear the name of every
				HGC participating in the transportation of the shipment.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 3 - MOTOR CARRIER GENERAL PROVISIONS › Part 11 - HOUSEHOLD GOODS CARRIERS › Section 18.3.11.20 - PROVISIONS REGARDING SPECIFIC TYPES OF ARTICLES

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Hazardous matter:
The HGC
				shall not accept or transport hazardous matter or articles that cannot be taken
				from the premises without damaging the articles or the premises. When the HGC
				reasonably believes articles or Contents of packages must be inspected for
				compliance with this rule, the HGC shall make or cause such inspection, and may
				subsequently require sufficient evidence to determine the actual character of
				the articles. The shipper shall reimburse the HGC according to labor rates
				published in the HGC's tariff.
B.
Perishable articles:
The HGC shall not accept perishable articles
				or articles requiring refrigeration. The HGC may, in its discretion, accept
				frozen foods under the following conditions:
(1) the food is contained in a regular food
				freezer and is frozen solid at the time of loading;
(2) both the point of origin and the
				destination of the shipment are within New Mexico;
(3) no storage or delay is required in
				transit;
(4) delivery may be
				accomplished within 24 hours of the time of loading; and
(5) notwithstanding any other provision of
				this rule, the HGC shall in no case be liable for the condition or flavor of
				the food.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 3 - MOTOR CARRIER GENERAL PROVISIONS › Part 11 - HOUSEHOLD GOODS CARRIERS › Section 18.3.11.21 - IMPRACTICABLE OPERATIONS AND SERVICE

Current through Register Vol. 35, No. 13, July 16, 2024
No HGC shall be required to perform any service at a place
				  which is inaccessible, or where the operation of motor vehicles or presence of
				  personnel would subject either to unreasonable risk, loss or damage such as,
				  but not limited to, road conditions, buildings, riots, strikes, war, civil
				  disturbances, and all other hazards.
A. When, due to inaccessibility or otherwise,
				a HGC cannot perform pickup, delivery, or other services, the HGC will make the
				motor vehicle available at the nearest accessible point deemed reasonably safe
				for its operation and personnel.
B.
				When an HGC, due to inaccessibility or otherwise, cannot operate its motor
				vehicle to the point of pick-up or delivery, upon permission of the shipper or
				consignee the HGC may utilize smaller equipment and more labor to continue the
				move and may charge additionally as provided in the HGC's tariff.
C. When a shipper will not accept delivery at
				the nearest point of safe approach, the HGC may place the shipment in the
				nearest public warehouse or storage facility. At that time, the shipment shall
				be deemed delivered and all charges shall be due and payable immediately.
				Transport charges shall be computed from the loading point of origin to the
				delivery destination point, and then from the destination point to the public
				warehouse or storage facility, on a continuous mileage or hourly basis,
				whichever is applicable.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 3 - MOTOR CARRIER GENERAL PROVISIONS › Part 11 - HOUSEHOLD GOODS CARRIERS › Section 18.3.11.22 - MISCELLANEOUS PROVISIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Packing and marking:
The HGC shall properly pack fragile or
				breakable articles and mark the fragile character of the Contents on the
				containers in distinct letters.
B.
Minimum shipment charge:
Unless otherwise provided, shipments
				moving on a weight or time basis shall be subject to a minimum charge based on
				1,000 pounds or one hour, at rates provided in the HGC's tariff.
C.
Failure to make delivery:
When, through no fault of its own, the HGC is unable to locate a consignee at
				the address furnished by the shipper, or if the consignee is unable to accept
				or declines delivery, the HGC shall mail, telephone, or fax notification of
				failure to make delivery to the shipper or consignee and shall place the
				shipment in storage. If the shipper requests subsequent delivery, the HGC may
				assess charges for delivery from storage to the destination in addition to the
				transportation and storage charges already accrued.
D.
Pickup or delivery at warehouses and
				docks:
If a shipper orders pickup or delivery at a warehouse, dock or
				other point which charges a fee for pick up or delivery, the shipper will pay
				such fee in addition to paying the HGC's rates for loading or unloading at the
				warehouse dock, door, or other point accessible to the HGC's vehicle.
E.
Reasonable dispatch:
Each HGC
				accepting shipments of household goods shall transport the shipment with
				reasonable dispatch, within the time specified in the bill of lading. The HGC
				shall notify the shipper of any delay as soon as it becomes apparent to the HGC
				that it will be unable to comply with the anticipated delivery date.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 3 - MOTOR CARRIER GENERAL PROVISIONS › Part 11 - HOUSEHOLD GOODS CARRIERS › Section 18.3.11.23 - VOLUNTARY DISPUTE SETTLEMENT PROGRAM

Current through Register Vol. 35, No. 13, July 16, 2024
A shipper may avail himself or herself of the dispute
				  settlement program by submitting a written request to the department.
A. Upon receipt of the informal complaint,
				the department shall request that the HGC submit a response to the informal
				complaint. The department may request any information from the shipper or the
				HGC that it deems relevant to the dispute. The department shall review the
				submissions and issue a written determination on the dispute to the shipper and
				the HGC.
B. The determination shall
				be binding on the parties 15 days after it is issued. Either party may request
				a reconsideration of the determination in writing within 10 days after the date
				of issuance of the determination. The request for reconsideration must contain:
(1) a copy of the determination;
(2) a clear and concise statement of the
				relief sought;
(3) a list of each
				fact or legal principle that the requestor believes were misunderstood, and a
				brief statement as to why the department should reconsider each item on the
				list;
(4) the mailing address and
				exact legal and "doing business as" name of the HGC; and
(5) the name, phone, e-mail and mailing
				address of the shipper.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 3 - MOTOR CARRIER GENERAL PROVISIONS › Part 11 - HOUSEHOLD GOODS CARRIERS › Section 18.3.11.24 - MAXIMUM ALLOWABLE RATES

Current through Register Vol. 35, No. 13, July 16, 2024
The maximum allowable rate for HGC service shall be the rate
				  approved and posted by the department, and calculated in accordance with these
				  rules.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 3 - MOTOR CARRIER GENERAL PROVISIONS › Part 12 - TOWING SERVICES › Section 18.3.12.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule applies to all towing services providing
				  non-consensual tows and all repossession services using towing equipment and is
				  in addition to all other applicable requirements of these
				  rules.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 3 - MOTOR CARRIER GENERAL PROVISIONS › Part 12 - TOWING SERVICES › Section 18.3.12.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Sections 8-8-4 and 65-2A-4 NMSA 1978.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 3 - MOTOR CARRIER GENERAL PROVISIONS › Part 12 - TOWING SERVICES › Section 18.3.12.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
July 1, 2024, unless a later date is cited at the end of a
				  section.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 3 - MOTOR CARRIER GENERAL PROVISIONS › Part 12 - TOWING SERVICES › Section 18.3.12.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The purpose of this rule is to establish requirements for
				  towing services subject to the limitations and policy of
				  49 U.S.C.
				  14501. The clearing of public highways and
				  roads is a matter of public safety, which cannot be reasonably accomplished by
				  state and local law enforcement officials, unless uniform maximum rates for
				  service are required for tows requested or directed by law enforcement or other
				  safety officials. Public safety also requires secure storage yards for vehicles
				  and reasonable access to towed vehicles, and particularly requires reasonably
				  rapid access to operable vehicles that have been towed as the result of
				  trespass tows, which may unexpectedly deprive members of the public of
				  transportation as well as the personal items stored in their vehicle.
				  Reasonable proximity of the carrier's office and books and records is required
				  for efficient and effective inspections of safety and financial responsibility
				  requirements, as well as the public's ability to retrieve towed
				  vehicles.