0001|                         HOUSE BILL 535
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0002|     42ND LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION,
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0003|     1996
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0004|                         INTRODUCED BY
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0005|                           BEN LUJAN
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0006|     
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0007|                                
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0008|     
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0009|     FOR THE REVENUE STABILIZATION AND TAX POLICY COMMITTEE
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0010|     
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0011|                             AN ACT
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0012|     RELATING TO MOTOR CARRIERS; PROVIDING FOR REGULATION BY THE
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0013|     STATE CORPORATION COMMISSION ON SAFETY AND FINANCIAL
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0014|     RESPONSIBILITY; PROVIDING POWERS AND DUTIES; CREATING A FUND;
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0015|     ESTABLISHING FEES; PROVIDING ADMINISTRATIVE AND CRIMINAL
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0016|     PENALTIES; AMENDING, REPEALING AND ENACTING SECTIONS OF THE NMSA
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0017|     1978; MAKING AN APPROPRIATION; DECLARING AN EMERGENCY.
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0018|     
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0019|     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0020|       Section 1.  [<u>NEW MATERIAL</u>]  SHORT TITLE.--Sections 1
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0021|     through 37 of this act may be cited as the "Motor Carrier Act".
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0022|       Section 2.  [<u>NEW MATERIAL</u>]  TRANSPORTATION POLICY.--It is
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0023|     the policy of this state to foster the development, coordination
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0024|     and preservation of a safe, sound and adequate motor carrier
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0025|     system, vital to all the states, by protecting the public
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0001|     safety, promoting financial responsibility on the part of motor
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0002|     carriers, providing for economic regulation of motor carriers of
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0003|     passengers and household goods and promoting uniformity and
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0004|     reducing redundancy of state regulation of motor carriers.
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0005|       Section 3.  [<u>NEW MATERIAL</u>]  DEFINITIONS.--As used in the
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0006|     Motor Carrier Act:
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0007|            A.  "antitrust laws" means the laws of this state
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0008|     relating to combinations in restraint of trade;
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0009|            B.  "base state" means either:
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0010|                 (1)  the registration state for an interstate
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0011|     motor carrier subject to regulation by the interstate commerce
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0012|     commission or its successor agency if New Mexico is
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0013|     participating in the single state registration system for such
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0014|     motor carriers and means New Mexico otherwise; or
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0015|                 (2)  the registration state for an interstate
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0016|     motor carrier transporting commodities exempt from regulation by
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0017|     the interstate commerce commission if New Mexico is
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0018|     participating in a single state registration system for such
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0019|     motor carriers and means New Mexico otherwise;
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0020|            C.  "broker" means a person who is not a bona fide
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0021|     employee or agent of an authorized motor carrier, but who, as
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0022|     principal or agent, sells or offers for sale any transportation
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0023|     services subject to the Motor Carrier Act or negotiates for or
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0024|     holds itself out by solicitation, advertisement or otherwise as
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0025|     one who sells, provides, furnishes, contracts or arranges for
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0001|     such transportation services;
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0002|            D.  "cancellation" means the voluntary, permanent
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0003|     termination of a certificate;
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0004|            E.  "certificate" means the operating authority
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0005|     issued by the commission to intrastate common motor carriers of
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0006|     passengers and household goods;
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0007|            F.  "certificate of registration of insurance" means
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0008|     the operating authority issued by the commission to intrastate
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0009|     motor carriers of property;
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0010|            G.  "change in a certificate" means cancellation,
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0011|     change in a motor carrier agreement, change in a rate or tariff,
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0012|     change in ownership other than by operation of law, endorsement,
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0013|     lease, subsequent transfer from a transferee by operation of
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0014|     law, transfer or voluntary suspension of a certificate;
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0015|            H.  "change in name" means a change in the legal name
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0016|     of the holder of an operating authority or in doing business as
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0017|     the name of the transportation business, but does not include a
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0018|     change in ownership;
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0019|            I.  "change in ownership" of a certificate means the
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0020|     occurrence of any change:
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0021|                 (1)  in the officers, directors or holders of
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0022|     more than ten percent of the voting stock of the corporation, if
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0023|     the certificate is held by a corporation;
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0024|                 (2)  in general partners or limited partners
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0025|     contributing ten percent or more of the total value of
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0001|     contributions made to the limited partnership or entitled to ten
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0002|     percent or more of total profits earned or other compensation by
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0003|     way of income paid by the limited partnership, if the
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0004|     certificate is held by a limited partnership; or
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0005|                 (3)  in the trustees or partners or owners of
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0006|     more than ten percent interest in the entity, if the certificate
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0007|     is held by a legal entity that is not a corporation or limited
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0008|     partnership;
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0009|            J.  "commission" means the state corporation
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0010|     commission;
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0011|            K.  "common motor carrier" means a person offering
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0012|     compensated transportation by motor vehicle to the general
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0013|     public whether over regular or irregular routes or under
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0014|     scheduled or nonscheduled service;
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0015|            L.  "contract motor carrier" means a person offering
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0016|     compensated transportation by motor vehicle under individual
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0017|     contracts or agreements with particular customers or shippers;
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0018|            M.  "endorsement" means a permanent change in the
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0019|     scope of an existing certificate;
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0020|            N.  "equipment interchange agreement" means an
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0021|     agreement between two motor carriers holding operating authority
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0022|     from the commission concerning the use of equipment;
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0023|            O.  "fund" means the motor transportation fee fund;
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0024|            P.  "household goods" means:
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0025|                 (1)  personal effects and property used or to be
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0001|     used in a dwelling when they are part of the equipment or supply
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0002|     of the dwelling, including property moving from a factory or
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0003|     store, that has been purchased by a householder with intent to
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0004|     use in his dwelling and the transportation is requested by and
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0005|     paid for by the householder;
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0006|                 (2)  furniture, fixtures, equipment and the
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0007|     property of stores, offices, museums, institutions, hospitals or
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0008|     other establishments when a part of their stock, equipment or
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0009|     supply, but does not include the stock-in-trade of any
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0010|     establishment, whether consignor or consignee, other than used
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0011|     furniture and used fixtures, except when transported as
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0012|     incidental to the moving of the establishment, or a portion
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0013|     thereof, from one location to another; and
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0014|                 (3)  articles, including objects of art,
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0015|     displays, exhibits and other similar articles that, because of
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0016|     their unusual nature or value, require the specialized handling
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0017|     and equipment usually employed in moving household goods, but
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0018|     does not include any article, whether crated or uncrated, that
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0019|     does not, because of its unusual nature or value, require the
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0020|     specialized handling and equipment usually employed in moving
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0021|     household goods;
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0022|            Q.  "interested parties" means all motor carriers
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0023|     operating over the routes or in the territory involved in any
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0024|     application for a certificate or a permit, or all persons
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0025|     affected by a rule proposed for adoption by the commission, and
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0001|     any other parties the commission may deem interested in the
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0002|     particular matter;
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0003|            R.  "interstate motor carrier" means a person
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0004|     providing compensated transportation in interstate commerce,
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0005|     whether or not the person is subject to regulation by the
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0006|     interstate commerce commission or its successor agency;
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0007|            S.  "intrastate motor carrier" means a person
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0008|     providing compensated transportation in intrastate commerce;
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0009|            T.  "involuntary suspension" means the temporary
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0010|     termination of all or part of an operating authority ordered by
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0011|     the commission for cause for a stated period of time or pending
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0012|     compliance with certain conditions;
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0013|            U.  "irregular route" means that the route to be used
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0014|     by a motor carrier is not restricted to any specific highway
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0015|     within the area the motor carrier is authorized to serve;
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0016|            V.  "lease of a certificate" means a contract by
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0017|     which the owner of a certificate grants to another the exclusive
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0018|     right to use the certificate for a specified period of time in
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0019|     exchange for payment;
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0020|            W.  "lease of equipment" means a contractual
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0021|     arrangement whereby a motor carrier obtains equipment owned by
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0022|     another for use by the motor carrier in the exercise of its
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0023|     operating authority;
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0024|            X.  "license" means the operating authority issued by
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0025|     the commission to a broker;
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0001|            Y.  "motor carrier" means a person offering
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0002|     compensated transportation by motor vehicle, whether in
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0003|     intrastate or interstate commerce;
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0004|            Z.  "motor carrier agreement" means a tariff applying
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0005|     to two or more common motor carriers;
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0006|            AA.  "motor carrier association" means any
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0007|     organization established or continued under a motor carrier
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0008|     agreement for the purpose of arriving at rate and tariff
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0009|     agreements or representing motor carriers that are parties to
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0010|     such agreements;
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0011|            BB.  "not-for-profit" means an organization exempt
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0012|     from federal income taxation in accordance with Section 501(c)
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0013|     of the Internal Revenue Code of 1986, as amended or a not-for-profit motor club;
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0014|            CC.  "operating authority" means a certificate,
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0015|     permit, license, registration receipt, ticket, temporary
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0016|     authority or emergency authority issued by the commission to a
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0017|     motor carrier or broker;
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0018|            DD.  "permit" means the operating authority issued by
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0019|     the commission to intrastate contract motor carriers of
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0020|     passengers or household goods;
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0021|            EE.  "property" means any commodity having value but
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0022|     does not include household goods;
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0023|            FF.  "public highways" has the same meaning as is
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0024|     defined in Section 67-2-1 NMSA 1978;
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0025|            GG.  "registration receipt" means the document issued
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0001|     annually to a motor carrier operating in interstate commerce
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0002|     evidencing that proof of financial responsibility and safety has
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0003|     been filed with the base state and that the annual per vehicle
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0004|     fees have been paid for that registration year;
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0005|            HH.  "registration year" means the period from
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0006|     January 1 to December 31;
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0007|            II.  "regular route" means a fixed course to be
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0008|     traveled by a motor carrier's vehicles rendering service to,
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0009|     from or between various points in this state;
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0010|            JJ.  "revocation" means the involuntary, permanent
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0011|     termination of all or part of an operating authority ordered by
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0012|     the commission for cause;
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0013|            KK.  "school bus" means a motor vehicle operating
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0014|     under the authority of the state board of education or private
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0015|     school or parochial school interests that is used to transport
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0016|     children, students or teachers to and from schools or to and
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0017|     from any school activity, but not including any vehicle:
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0018|                 (1)  operated by a common motor carrier, subject
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0019|     to and meeting all requirements of the commission but not used
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0020|     exclusively for the transportation of pupils; 
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0021|                 (2)  operated solely by a government owned
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0022|     transit authority, if the transit authority meets all safety
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0023|     requirements of the commission but is not used exclusively for
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0024|     the transportation of pupils; or
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0025|                 (3)  operated as per capita feeder as provided
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0001|     in Section 22-16-6 NMSA 1978;
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0002|            LL.  "ticket" means the operating authority issued by
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0003|     the commission for a single trip by a charitable organization in
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0004|     a school bus;
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0005|            MM.  "transfer" means a permanent sale of all or part
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0006|     of a certificate;
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0007|            NN.  "transfer by operation of law" means that the
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0008|     ownership of or interest in a certificate passes to another by
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0009|     application of established rules of law, as upon inheritance,
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0010|     bequest, order in bankruptcy or insolvency, execution sale,
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0011|     repossession upon default in performance of the terms of a lease
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0012|     or executory sales contract or otherwise than by voluntary
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0013|     transfer;
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0014|            OO.  "transportation services" means any service
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0015|     performed for compensation by a broker or by a motor carrier in
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0016|     motor vehicles operated by, for or in the interest of any motor
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0017|     carrier, irrespective of ownership;
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0018|            PP.  "voluntary suspension" means the temporary non-use of all or part of a certificate at the request of the
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0019|     certificate holder for a stated period of time or pending
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0020|     compliance with certain conditions; and
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0021|            QQ.  "wrecker service" means the use of specialized
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0022|     equipment to transport:
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0023|                 (1)  wrecked, damaged, disabled or abandoned
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0024|     motor vehicles and their cargo;
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0025|                 (2)  vehicles to replace or parts and equipment
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0001|     to repair wrecked, damaged, disabled or abandoned motor
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0002|     vehicles;
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0003|                 (3)  vehicles whose driver has been declared
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0004|     unable to drive by a duly authorized law enforcement officer; or
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0005|                 (4)  vehicles repossessed, confiscated or seized
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0006|     by any lawful authority.
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0007|       Section 4.  [<u>NEW MATERIAL</u>]  POWERS AND AUTHORITY OF
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0008|     COMMISSION.--
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0009|            A.  The commission shall:

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0010|                 (1)  issue operating authorities for brokers and
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0011|     motor carriers operating in New Mexico;
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0012|                 (2)  require that tariffs for all intrastate
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0013|     common motor carriers of passengers and household goods be filed
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0014|     and approved before being put into effect;
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0015|                 (3)  authorize changes in the certificates of
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0016|     intrastate common motor carriers of passengers and household
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0017|     goods;
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0018|                 (4)  establish reasonable requirements with
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0019|     respect to a uniform system of accounts, records and reports and
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0020|     preservation of records for brokers and motor carriers;
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0021|                 (5)  establish minimum requirements for
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0022|     financial responsibility for brokers and motor carriers;
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0023|                 (6)  establish safety regulations for intrastate
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0024|     motor carrier motor vehicles and drivers with a gross vehicle
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0025|     weight above ten thousand pounds not inconsistent with motor
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0001|     transportation division of the taxation and revenue department
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0002|     regulations;
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0003|                 (7)  have the authority to adopt definitions not
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0004|     inconsistent with, or more stringent than, the terms defined in
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0005|     the current Section 390.5 of the Code of Federal Regulations;
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0006|                 (8)  determine who shall be allowed to intervene
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0007|     and protest an application for a certificate, permit or license
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0008|     and under what circumstances and to conduct default proceedings
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0009|     if no interested party intervenes after proper notice;
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0010|                 (9)  expend money as may be necessary for the
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0011|     administration and enforcement of the single state registration
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0012|     and certificate of registration of insurance programs;
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0013|                 (10)  establish and enforce vehicle and
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0014|     equipment specifications for wrecker services;
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0015|                 (11)  regulate all rates and charges of
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0016|     intrastate common motor carriers of passengers and household
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0017|     goods;
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0018|                 (12)  determine all matters of public
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0019|     convenience and necessity relating to motor carriers;
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0020|                 (13)  subpoena witnesses and enforce their
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0021|     attendance before the commission through a district court or the
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0022|     supreme court of New Mexico and through such court to punish for
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0023|     contempt;
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0024|                 (14)  remove an order to the supreme court for
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0025|     failure of a person subject to such order to comply with it;
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0001|                 (15)  hold public hearings as required;
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0002|                 (16)  adopt rules to implement its
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0003|     constitutional powers; and
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0004|                 (17)  require tariffs for wrecker services to be
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0005|     filed and approved if the wrecker service performs the
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0006|     transportation without the prior written consent or
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0007|     authorization of the owner or operator of the motor vehicle as
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0008|     provided under Section 14501 of the ICC Termination Act of 1995.
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0009|            B.  The commission may:
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0010|                 (1)  designate inspectors who may inspect the
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0011|     books and records of all motor carriers subject to the Motor
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0012|     Carrier Act and who shall have the powers of a commissioned
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0013|     peace officer in this state with respect to any law or rule that
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0014|     the commission is empowered to implement or enforce, excluding
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0015|     the powers granted to the taxation and revenue department in
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0016|     Section 65-1-6 NMSA 1978;
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0017|                 (2)  institute civil actions in its own name in
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0018|     the district court of Santa Fe county to enforce the Motor
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0019|     Carrier Act, its orders, rules and assessments of administrative
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0020|     fines, except for actions removable to the supreme court of New
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0021|     Mexico under Article 11, Section 7 of the constitution of New
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0022|     Mexico; and
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0023|                 (3)  adopt rules to implement its additional
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0024|     powers and effectuate the purpose and transportation policy of
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0025|     the Motor Carrier Act.
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0001|       Section 5.  [<u>NEW MATERIAL</u>]  OPERATING AUTHORITIES IN
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0002|     GENERAL.--
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0003|            A.  A person shall file an application for an
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0004|     operating authority with the commission.  The commission may
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0005|     approve an application in whole or in part or may deny the
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0006|     application.
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0007|            B.  Applications for operating authorities shall be
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0008|     made in writing to the commission, shall be verified under oath
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0009|     and shall be in a form and contain information and be
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0010|     accompanied by proof of service on interested parties as the
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0011|     commission shall by rule require.
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0012|            C.  Every applicant for an operating authority shall
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0013|     file with the commission an appointment in writing of a resident
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0014|     agent for service of process.  Service upon the appointed agent
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0015|     of any order of the commission or of any lawful process of any
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0016|     court shall have the same effect as if service had been made
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0017|     personally upon the authorized entity within this state.
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0018|            D.  Interstate operating authorities shall be
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0019|     effective from the date issued and shall remain in effect until
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0020|     terminated.  Registration receipts for interstate motor carriers
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0021|     shall be effective only for the registration year for which they
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0022|     are issued.  Tickets for a single trip shall be effective only
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0023|     for the trip for which the ticket is issued.
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0024|            E.  No motor carrier shall furnish free
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0025|     transportation to passengers except to bona fide owners,
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0001|     officers or employees of the motor carriers and their
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0002|     dependents.  Stockholders of incorporated motor carriers shall
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0003|     not be considered owners for purposes of this section.
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0004|            F.  All motor carriers shall carry their operating
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0005|     authority in every vehicle operated in New Mexico.
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0006|       Section 6.  [<u>NEW MATERIAL</u>]  CERTIFICATES FOR INTRASTATE
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0007|     COMMON MOTOR CARRIERS OF PASSENGERS.--
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0008|            A.  It is unlawful for a common motor carrier to
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0009|     provide compensated intrastate transportation of passengers
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0010|     without first having obtained a certificate from the commission.
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0011|            B.  Except as provided in this section, the
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0012|     commission shall issue a certificate to a person authorizing
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0013|     that person to provide compensated intrastate transportation as
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0014|     a common motor carrier of passengers if, after notice and a
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0015|     public hearing, the commission finds that:
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0016|                 (1)  the person is fit, willing and able to
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0017|     provide the transportation to be authorized by the certificate
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0018|     and to comply with the Motor Carrier Act and the rules of the
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0019|     commission;
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0020|                 (2)  the person is in compliance with the safety
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0021|     and financial responsibility requirements of the Motor Carrier
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0022|     Act and the rules of the commission; and
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0023|                 (3)  the transportation to be provided under the
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0024|     certificate is or will be required by the present or future
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0025|     public convenience and necessity.
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0001|            C.  The commission shall give special consideration
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0002|     to providing and maintaining service to small and rural
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0003|     communities.
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0004|            D.  The commission shall not issue a certificate to
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0005|     an intrastate common motor carrier of passengers if it finds
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0006|     from the evidence that the service furnished by existing
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0007|     transportation companies in the territory for which a
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0008|     certificate is sought is reasonably adequate.
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0009|            E.  Every certificate issued to an intrastate common
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0010|     motor carrier of passengers shall specify the service to be
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0011|     rendered; the territory to be served; the terminals between
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0012|     which service is to be provided; and, for regular route service,
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0013|     the routes, schedules and intermediate and off-route points on
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0014|     the route.
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0015|       Section 7.  [<u>NEW MATERIAL</u>]  CERTIFICATES FOR INTRASTATE
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0016|     COMMON MOTOR CARRIERS OF HOUSEHOLD GOODS.--
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0017|            A.  It is unlawful for any common motor carrier to
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0018|     provide compensated intrastate transportation of household goods
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0019|     without first having obtained a certificate from the commission.
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0020|            B.  Except as provided in this section, the
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0021|     commission shall issue a certificate to a person authorizing
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0022|     that person to provide compensated intrastate transportation as
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0023|     a common motor carrier of household goods if, after notice and a
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0024|     public hearing, the commission finds that: 
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0025|                 (1)  the person is fit, willing and able to
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0001|     provide the transportation to be authorized by the certificate
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0002|     and to comply with the Motor Carrier Act and the rules of the
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0003|     commission;
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0004|                 (2)  the person is in compliance with the safety
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0005|     and financial responsibility requirements of the Motor Carrier
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0006|     Act and the rules of the commission; and
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0007|                 (3)  on the basis of evidence presented by
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0008|     persons supporting the issuance of the certificate, the service
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0009|     proposed will serve a useful public purpose, responsive to a
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0010|     public demand or need.  For purposes of this requirement, the
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0011|     service proposed will be deemed to serve a useful public
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0012|     purpose, responsive to a public demand or need if the
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0013|     application is for authority to provide transportation:
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0014|                      (a)  to any community not regularly served
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0015|     by an authorized intrastate common motor carrier of household
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0016|     goods;
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0017|                      (b)  for services that will be a direct
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0018|     substitute for abandoned rail service to a community if such
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0019|     abandonment results in the community not having any rail service
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0020|     and if the application is filed within one hundred twenty days
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0021|     after the abandonment has been approved by the commission or by
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0022|     the United States interstate commerce commission or its
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0023|     successor agency; or
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0024|                      (c)  for the United States government of
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0025|     used household goods that is incidental to a pack and crate
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0001|     service on behalf of the defense department.
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0002|            C.  The commission shall not issue a certificate to
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0003|     an intrastate common motor carrier of household goods if it
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0004|     finds, on the basis of evidence presented by persons objecting
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0005|     to the issuance of a certificate, that the transportation to be
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0006|     authorized by the certificate is inconsistent with the public
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0007|     convenience and necessity.
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0008|            D.  Before granting a certificate to an intrastate
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0009|     common motor carrier of household goods, the commission shall
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0010|     take into consideration the transportation policy of the Motor
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0011|     Carrier Act and the effect that issuance of the certificate
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0012|     would have on existing carriers; provided, however, the
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0013|     commission shall not find diversion of revenue or traffic from
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0014|     an existing carrier to be, in and of itself, inconsistent with
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0015|     the public convenience and necessity.
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0016|            E.  Every certificate issued by the commission to an
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0017|     intrastate common motor carrier of household goods shall specify
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0018|     the service to be rendered; the territory to be served; the
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0019|     terminals between which service is to be provided; and, for
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0020|     regular route service, the routes, schedules and intermediate
    |
0021|     and off-route points on the route.
    |
0022|       Section 8.  [<u>NEW MATERIAL</u>]  RATES.--
    |
0023|            A.  Every intrastate common motor carrier of
    |
0024|     passengers or household goods or wrecker services providing
    |
0025|     intrastate transportation of motor vehicles as defined in
    |
0001|     Section 14501(c) of the ICC Termination Act of 1995 shall
    |
0002|     observe just, reasonable and nondiscriminatory rates and
    |
0003|     practices for the transportation services it provides, in
    |
0004|     furtherance of the transportation policy of the Motor Carrier
    |
0005|     Act.  Reduced rates for students traveling between their homes
    |
0006|     and their schools and for persons sixty-five years of age or
    |
0007|     older shall not be considered discriminatory within the meaning
    |
0008|     of this section.
    |
0009|            B.  Intrastate common motor carriers of passengers or
    |
0010|     household goods or wrecker services providing intrastate
    |
0011|     transportation of motor vehicles as defined in Section 14501(c)
    |
0012|     of the ICC Termination Act of 1995 shall establish with each
    |
0013|     other reasonable through routes and joint rates, charges and
    |
0014|     classifications.  Participating carriers shall have the duty to
    |
0015|     establish just and reasonable practices in connection with such
    |
0016|     joint transportation and just, reasonable and equitable
    |
0017|     divisions of the joint rates adopted so as not to unduly prefer
    |
0018|     or prejudice any participating carrier.
    |
0019|            C.  In proceedings to determine the reasonableness of
    |
0020|     rates for an intrastate common motor carrier of passengers or
    |
0021|     household goods or for a wrecker service providing intrastate
    |
0022|     transportation of motor vehicles as defined in Section 14501(c)
    |
0023|     of the ICC Termination Act of 1995 or a group of intrastate
    |
0024|     common motor carriers of passengers or household goods or a
    |
0025|     group of wrecker services providing intrastate transportation of
    |
0001|     motor vehicles as defined in Section 14501(c) of the ICC
    |
0002|     Termination Act of 1995, the commission shall authorize revenue
    |
0003|     levels that are adequate under honest, economical and efficient
    |
0004|     management to cover total operating expenses, including the
    |
0005|     operation of leased equipment and depreciation, plus a
    |
0006|     reasonable profit.  The rules adopted by the commission to
    |
0007|     implement this section shall allow carriers to achieve revenue
    |
0008|     levels that will provide a flow of net income, plus
    |
0009|     depreciation, adequate to support prudent capital outlays,
    |
0010|     assure the repayment of a reasonable level of debt, permit the
    |
0011|     raising of needed equity capital and attract and retain capital
    |
0012|     in amounts adequate to provide a sound motor carrier
    |
0013|     transportation system in the state.
    |
0014|            D.  No intrastate common motor carrier of passengers
    |
0015|     or household goods or wrecker service providing intrastate
    |
0016|     transportation of motor vehicles as defined in Section 14501(c)
    |
0017|     of the ICC Termination Act of 1995 shall charge, or permit its
    |
0018|     bona fide agents or employees to charge, a greater or lesser or
    |
0019|     different compensation for transportation, or for any service
    |
0020|     rendered to or for the user of the service, other than the rates
    |
0021|     specified in the approved tariffs in effect at the time.  The
    |
0022|     rates of an otherwise valid tariff are not applicable when
    |
0023|     payment for services is directly paid by a medicaid or medicare
    |
0024|     program.
    |
0025|            E.  No intrastate common motor carrier of passengers
    |
0001|     or household goods or wrecker service providing intrastate
    |
0002|     transportation of motor vehicles as defined in Section 14501(c)
    |
0003|     of the ICC Termination Act of 1995 shall refund or remit in any
    |
0004|     manner or by any device, directly or indirectly, any portion of
    |
0005|     the rates specified in its approved tariff or extend to any user
    |
0006|     any privileges, facilities or services or do or perform any
    |
0007|     service or give, remit or refund anything of value except in
    |
0008|     accordance with tariffs and schedules approved by the
    |
0009|     commission.
    |
0010|            F.  A person may make complaint in writing to the
    |
0011|     commission that any rate, classification or practice is in
    |
0012|     violation of the Motor Carrier Act.  Whenever, after hearing
    |
0013|     upon a complaint or after an investigation on its own
    |
0014|     initiative, the commission finds that an individual or joint
    |
0015|     rate demanded or collected by an intrastate common motor carrier
    |
0016|     of passengers or household goods or wrecker service providing
    |
0017|     intrastate transportation of motor vehicles as defined in
    |
0018|     Section 14501(c) of the ICC Termination Act of 1995 or any
    |
0019|     classification or practice of any intrastate common motor
    |
0020|     carrier of passengers or household goods or wrecker service
    |
0021|     providing intrastate transportation of motor vehicles as defined
    |
0022|     in Section 14501(c) of the ICC Termination Act of 1995 affecting
    |
0023|     the rate is unjust, unreasonable or unjustly discriminatory,
    |
0024|     preferential or prejudicial, it shall determine and prescribe
    |
0025|     the lawful rate of the maximum or minimum rate to be observed or
    |
0001|     the lawful classification or practice to be made effective.
    |
0002|       Section 9.  [<u>NEW MATERIAL</u>]  MOTOR CARRIER AGREEMENTS.--
    |
0003|            A.  An intrastate common motor carrier of passengers
    |
0004|     or household goods may enter into an agreement with one or more
    |
0005|     other intrastate common motor carriers of passengers or
    |
0006|     household goods or wrecker service providing intrastate
    |
0007|     transportation of motor vehicles as defined in Section 14501(c)
    |
0008|     of the ICC Termination Act of 1995 concerning rates, charges
    |
0009|     between common motor carriers, compensation paid or received for
    |
0010|     the use of facilities and equipment, allowances,
    |
0011|     classifications, division or related practices or procedures for
    |
0012|     jointly considering, initiating or establishing them.  Antitrust
    |
0013|     laws do not apply to parties and other persons with respect to
    |
0014|     making or carrying out motor carrier agreements made in
    |
0015|     accordance with this section.
    |
0016|            B.  No motor carrier agreement shall be effective
    |
0017|     without the prior approval of the commission, following notice
    |
0018|     and a public hearing.  The commission may impose such terms and
    |
0019|     conditions upon approval of the agreement as the public interest
    |
0020|     may require.
    |
0021|            C.  The commission shall not approve any motor
    |
0022|     carrier agreement unless:
    |
0023|                 (1)  the agreement is in furtherance of the
    |
0024|     transportation policy of the Motor Carrier Act;
    |
0025|                 (2)  any agreement between or among common motor
    |
0001|     carriers of different classes is limited to matters relating to
    |
0002|     transportation under joint rates or practices;
    |
0003|                 (3)  the agreement contains reasonable quorum
    |
0004|     standards to be applied for meetings of a motor carrier
    |
0005|     association;
    |
0006|                 (4)  each common motor carrier that is a party
    |
0007|     to an agreement files with the commission such information as
    |
0008|     the commission may by rule require; and
    |
0009|                 (5)  a motor carrier association approved in
    |
0010|     accordance with this section complies with the following
    |
0011|     requirements:
    |
0012|                      (a)  the motor carrier association may
    |
0013|     allow any member motor carrier to discuss any rate or practice
    |
0014|     proposal docketed; provided, only those motor carriers with
    |
0015|     authority to participate in the transportation to which the
    |
0016|     proposal applies may vote upon the proposal;
    |
0017|                      (b)  the motor carrier association may
    |
0018|     propose general rate increases or decreases or rate or practice
    |
0019|     restructuring of any motor carrier association tariff approved
    |
0020|     by the commission;
    |
0021|                      (c)  the motor carrier association shall
    |
0022|     not interfere with a common motor carrier's right to establish
    |
0023|     its own rates or practices and shall not change or cancel any
    |
0024|     independently established rate or practice;
    |
0025|                      (d)  the motor carrier association shall
    |
0001|     not file a protest or complaint with the commission against any
    |
0002|     tariff item independently published by or for the account of any
    |
0003|     common motor carrier;
    |
0004|                      (e)  the motor carrier association shall
    |
0005|     not permit one of its employees or an employee committee to
    |
0006|     docket or act upon any proposal effecting a change in any tariff
    |
0007|     item published by or for the account of any of its member motor
    |
0008|     carriers;
    |
0009|                      (f)  upon request, the motor carrier
    |
0010|     association shall divulge to any person the name of the
    |
0011|     proponent of a practice or rate docketed with it, shall admit
    |
0012|     any person to any meeting at which practices or rates will be
    |
0013|     discussed or voted upon and shall divulge to any person the vote
    |
0014|     cast by any member motor carrier on any proposal before the
    |
0015|     motor carrier association;
    |
0016|                      (g)  the motor carrier association shall
    |
0017|     not allow a motor carrier to vote on behalf of one or more other
    |
0018|     motor carriers without specific written, notarized authority
    |
0019|     from the motor carrier being represented; and
    |
0020|                      (h)  the motor carrier association shall
    |
0021|     make a final disposition of a practice or rate docketed with it
    |
0022|     by the one hundred twentieth day after the proposal is docketed,
    |
0023|     except that if unusual circumstances require, the motor carrier
    |
0024|     association may extend the period subject to review by the
    |
0025|     commission.
    |
0001|            D.  In any proceeding in which a party to the
    |
0002|     proceeding alleges that a motor carrier voted, discussed or
    |
0003|     agreed on a rate or allowance in violation of this section, that
    |
0004|     party has the burden of showing that the vote, discussion or
    |
0005|     agreement occurred.  A showing of parallel behavior shall not
    |
0006|     satisfy that burden by itself.
    |
0007|            E.  Each motor carrier association shall be subject
    |
0008|     to all the accounting, record keeping, reporting and inspection
    |
0009|     requirements of the commission's rules.
    |
0010|            F.  The commission may, upon complaint or upon its
    |
0011|     own initiative, investigate and determine whether any agreement
    |
0012|     previously approved by it in accordance with this section is not
    |
0013|     in conformity with the requirements of this section or with the
    |
0014|     terms or conditions upon which approval of the agreement was
    |
0015|     granted.  The commission may modify or terminate its approval of
    |
0016|     any agreement found not to be in continued conformity.
    |
0017|       Section 10.  [<u>NEW MATERIAL</u>]  TARIFFS.--
    |
0018|            A.  It is unlawful for any intrastate common motor
    |
0019|     carrier of passengers or household goods or wrecker service
    |
0020|     providing intrastate transportation of motor vehicles as defined
    |
0021|     in Section 14501(c) of the ICC Termination Act of 1995 to
    |
0022|     commence operations or perform any new service under its
    |
0023|     certificate until rates and tariffs for the services to be
    |
0024|     performed have been approved by the commission after notice and
    |
0025|     a public hearing.
    |
0001|            B.  Every interstate common motor carrier of
    |
0002|     passengers or household goods or wrecker service providing
    |
0003|     intrastate transportation of motor vehicles as defined in
    |
0004|     Section 14501(c) of the ICC Termination Act of 1995 shall file
    |
0005|     with the commission proposed tariffs showing all the rates and
    |
0006|     conditions for transportation and related services between
    |
0007|     points on its own routes and those of any common carrier by
    |
0008|     railroad or express when a through route and joint rate have
    |
0009|     been established.  The rates shall be stated in terms of dollars
    |
0010|     and cents.
    |
0011|            C.  It is unlawful for an intrastate common motor
    |
0012|     carrier of passengers or household goods or wrecker service
    |
0013|     providing intrastate transportation of motor vehicles as defined
    |
0014|     in Section 14501(c) of the ICC Termination Act of 1995 to:
    |
0015|                 (1)  give any undue or unreasonable preference
    |
0016|     or advantage to any particular persons, port, gateway, locality
    |
0017|     or region, district, territory or description of traffic in any
    |
0018|     respect; or
    |
0019|                 (2)  subject any particular person, port,
    |
0020|     gateway, locality, region, district, territory or description of
    |
0021|     traffic to any unjust discrimination or any undue or
    |
0022|     unreasonable prejudice or disadvantage in any respect; provided,
    |
0023|     this paragraph shall not be construed to apply to
    |
0024|     discrimination, prejudices or disadvantages to the traffic of
    |
0025|     any other motor carrier.
    |
0001|       Section 11.  [<u>NEW MATERIAL</u>]  TIME SCHEDULES.--
    |
0002|            A.  Intrastate common motor carriers of passengers
    |
0003|     providing scheduled service to the general public shall file
    |
0004|     proposed time and service schedules with their application for a
    |
0005|     certificate.  The time schedule shall be approved by the
    |
0006|     commission and filed for public inspection.
    |
0007|            B.  Proposed changes in scheduled service shall be
    |
0008|     filed with the commission for approval not less than thirty days
    |
0009|     prior to the proposed effective date of the changed schedule. 
    |
0010|     The commission may prescribe a lesser time within which the
    |
0011|     schedule may be made effective.
    |
0012|            C.  Failure by an intrastate common motor carrier of
    |
0013|     passengers to operate the service on each day as scheduled shall
    |
0014|     result in appropriate penalties as the commission in its
    |
0015|     discretion shall determine.
    |
0016|            D.  Time schedules shall in no instance be designed
    |
0017|     to require the operation of a motor vehicle between any given
    |
0018|     terminals or between any way stations at a rate of speed greater
    |
0019|     than the maximum speed allowed under the laws of this state.
    |
0020|       Section 12.  [<u>NEW MATERIAL</u>]  CHANGES IN CERTIFICATES.--
    |
0021|            A.  No change in a certificate, rate, tariff or motor
    |
0022|     carrier agreement shall be effective without the prior approval
    |
0023|     of the commission.
    |
0024|            B.  The commission may, after notice and a public
    |
0025|     hearing, authorize the following changes in all or part of any
    |
0001|     certificate at the request of the person holding the certificate
    |
0002|     if it finds:
    |
0003|                 (1)  for cancellation of a certificate, that the
    |
0004|     public convenience and necessity will not be harmed;
    |
0005|                 (2)  for a change in a rate or tariff or a
    |
0006|     change in a motor carrier agreement, that the proposed rates are
    |
0007|     just, reasonable and nondiscriminatory;
    |
0008|                 (3)  for a change in ownership other than by
    |
0009|     operation of law, that the new owner is fit, willing and able to
    |
0010|     provide the authorized transportation services and to comply
    |
0011|     with the Motor Carrier Act and the rules of the commission;
    |
0012|                 (4)  for endorsement of a certificate as a
    |
0013|     common motor carrier of passengers that:
    |
0014|                      (a)  the applicant is fit, willing and
    |
0015|     able to provide the transportation services to be authorized by
    |
0016|     the endorsed certificate and to comply with the Motor Carrier
    |
0017|     Act and the rules of the commission;
    |
0018|                      (b)  the applicant is in compliance with
    |
0019|     the safety and financial responsibility requirements of the
    |
0020|     Motor Carrier Act and the rules of the commission; and
    |
0021|                      (c)  the transportation to be provided
    |
0022|     under the endorsed certificate is or will be required by the
    |
0023|     present or future public convenience and necessity;
    |
0024|                 (5)  for endorsement of a certificate as a
    |
0025|     common motor carrier of household goods that:
    |
0001|                      (a)  the person is fit, willing and able
    |
0002|     to provide the transportation to be authorized by the
    |
0003|     certificate and to comply with the Motor Carrier Act and the
    |
0004|     rules of the commission;
    |
0005|                      (b)  the applicant is in compliance with
    |
0006|     the safety and financial responsibility requirements of the
    |
0007|     Motor Carrier Act and the rules of the commission; and
    |
0008|                      (c)  on the basis of evidence presented by
    |
0009|     persons supporting the issuance of the certificate, the service
    |
0010|     proposed will serve a useful public purpose, responsive to a
    |
0011|     public demand or need;
    |
0012|                 (6)  for lease of a certificate as a common
    |
0013|     motor carrier of passengers or household goods that the lessee
    |
0014|     is fit, willing and able to provide the authorized
    |
0015|     transportation services and to comply with the Motor Carrier Act
    |
0016|     and the rules of the commission;
    |
0017|                 (7)  for voluntary suspension of a certificate
    |
0018|     that it is reasonably necessary;
    |
0019|                 (8)  for transfer of a certificate as a common
    |
0020|     motor carrier of passengers or household goods, and for
    |
0021|     subsequent transfer of a certificate as a common motor carrier
    |
0022|     of passengers or household goods from a transferee by operation
    |
0023|     of law, that:
    |
0024|                      (a)  the new owner is fit, willing and
    |
0025|     able to provide the authorized transportation services and to
    |
0001|     comply with the Motor Carrier Act and the rules of the
    |
0002|     commission;
    |
0003|                      (b)  the transfer includes operating
    |
0004|     equipment;
    |
0005|                      (c)  the transferor of the certificate or
    |
0006|     part of the certificate to be transferred has rendered
    |
0007|     reasonably continuous and adequate service prior to the
    |
0008|     application for transfer;
    |
0009|                      (d)  all accrued taxes, rents, wages of
    |
0010|     employees and all other indebtedness pertaining to the
    |
0011|     certificate, or part of the certificate, proposed to be
    |
0012|     transferred has been paid;
    |
0013|                      (e)  the transfer will not have the effect
    |
0014|     of destroying competition or creating a monopoly; and
    |
0015|                      (f)  the transfer would not be
    |
0016|     inconsistent with the public interest; and
    |
0017|                 (9)  for transfer by operation of law, the
    |
0018|     commission shall approve the application unless it has reason to
    |
0019|     believe that the transferee by operation of law may not be fit,
    |
0020|     willing and able to provide the authorized transportation
    |
0021|     services and to comply with the rules of the commission.
    |
0022|       Section 13.  [<u>NEW MATERIAL</u>]  PROTESTS OF APPLICATIONS FOR
    |
0023|     A CERTIFICATE OR FOR A CHANGE IN A CERTIFICATE AS A COMMON MOTOR
    |
0024|     CARRIER OF PASSENGERS OR HOUSEHOLD GOODS.--
    |
0025|            A.  No contract motor carrier may protest an
    |
0001|     application for a certificate or for a change in a certificate.
    |
0002|            B.  No common motor carrier may protest an
    |
0003|     application for a certificate or for a change in a certificate
    |
0004|     unless:
    |
0005|                 (1)  it possesses authority to handle, in whole
    |
0006|     or in part, the traffic for which authority is applied;
    |
0007|                 (2)  it is willing and able to provide service
    |
0008|     that meets the reasonable needs of the shippers involved; and
    |
0009|                 (3)  at least one of the three following factors
    |
0010|     is true:
    |
0011|                      (a)  it has performed service within the
    |
0012|     scope of the application during the previous twelve-month period
    |
0013|     or has, actively and in good faith, solicited service within the
    |
0014|     scope of the application during such period;
    |
0015|                      (b)  it has pending before the commission
    |
0016|     an application filed prior to the application being considered
    |
0017|     for substantially the same traffic; or
    |
0018|                      (c)  the commission grants leave to
    |
0019|     intervene upon a showing of other interests that are not
    |
0020|     contrary to the transportation policy of the Motor Carrier Act.
    |
0021|       Section 14.  [<u>NEW MATERIAL</u>]  PERMITS FOR CONTRACT MOTOR
    |
0022|     CARRIERS OF PASSENGERS OR HOUSEHOLD GOODS.--
    |
0023|            A.  It is unlawful for any contract motor carrier to
    |
0024|     provide compensated intrastate transportation of passengers or
    |
0025|     household goods without first having obtained a permit from the
    |
0001|     commission.
    |
0002|            B.  Except as provided in this section, the
    |
0003|     commission shall issue a permit to a person authorizing that
    |
0004|     person to provide compensated intrastate transportation as a
    |
0005|     contract motor carrier of passengers or household goods if,
    |
0006|     after notice and a public hearing, the commission finds that:
    |
0007|                 (1)  the person is fit, willing and able to
    |
0008|     provide the transportation to be authorized by the permit and to
    |
0009|     comply with the Motor Carrier Act and the rules of the
    |
0010|     commission;
    |
0011|                 (2)  the person is in compliance with the safety
    |
0012|     and financial responsibility requirements of the Motor Carrier
    |
0013|     Act and the rules of the commission; and
    |
0014|                 (3)  the transportation to be provided under the
    |
0015|     permit is or will be consistent with the public interest and the
    |
0016|     transportation policy of the Motor Carrier Act.
    |
0017|            C.  Before granting a permit to an intrastate
    |
0018|     contract motor carrier of passengers, the commission shall
    |
0019|     consider:
    |
0020|                 (1)  the number of customers to be served by the
    |
0021|     carrier;
    |
0022|                 (2)  the nature of the transportation proposed
    |
0023|     to be provided;
    |
0024|                 (3)  whether granting the permit would endanger
    |
0025|     or impair the operations of motor carriers protesting the
    |
0001|     application for a permit to an extent contrary to the public
    |
0002|     interest;
    |
0003|                 (4)  the effect that denying the permit would
    |
0004|     have on the person applying for the permit and its customers;
    |
0005|     and
    |
0006|                 (5)  the changing character of the requirements
    |
0007|     of the applicant's customers.
    |
0008|            D.  The commission shall not issue a permit to an
    |
0009|     intrastate contract motor carrier of passengers unless it is
    |
0010|     established by competent evidence that the authority sought will
    |
0011|     not impair the efficient public service of any certificated
    |
0012|     intrastate common motor carrier of passengers then adequately
    |
0013|     serving the same territory.
    |
0014|            E.  Before granting a permit to an intrastate
    |
0015|     contract motor carrier of household goods, the commission shall
    |
0016|     consider:
    |
0017|                 (1)  whether granting the permit would endanger
    |
0018|     or impair the operations of carriers protesting the application
    |
0019|     for a permit to an extent contrary to the public interest; and
    |
0020|                 (2)  the effect that denying the permit would
    |
0021|     have on the person applying for the permit and its customers.
    |
0022|            F.  Each intrastate contract motor carrier of
    |
0023|     passengers or household goods shall file with the commission
    |
0024|     each contract under which it intends to operate.  The commission
    |
0025|     shall approve a contract and authorize operations if it finds
    |
0001|     that the contract is consistent with the public interest, the
    |
0002|     transportation policy of the Motor Carrier Act and the
    |
0003|     provisions of this section.
    |
0004|            G.  Every permit issued by the commission shall
    |
0005|     specify the business of the intrastate contract motor carrier,
    |
0006|     the scope of the authority granted to it and the terms,
    |
0007|     conditions and limitations of the authority.
    |
0008|            H.  The commission shall not limit any intrastate
    |
0009|     contract motor carrier of passengers or household goods to a
    |
0010|     fixed number of contracts.
    |
0011|            I.  Intrastate contract motor carriers of passengers
    |
0012|     or household goods shall dedicate equipment for use in providing
    |
0013|     transportation services under any contract.
    |
0014|       Section 15.  [<u>NEW MATERIAL</u>]  PROTESTS OF APPLICATIONS FOR
    |
0015|     A PERMIT AS A CONTRACT MOTOR CARRIER OF PASSENGERS OR HOUSEHOLD
    |
0016|     GOODS.--No motor carrier may protest an application to provide
    |
0017|     transportation as an intrastate contract motor carrier of
    |
0018|     passengers or household goods unless:
    |
0019|            A.  it possesses the operating authority to handle,
    |
0020|     in whole or in part, the traffic for which application is made;
    |
0021|            B.  it is willing and able to provide service that
    |
0022|     meets the reasonable needs of the shippers involved; and
    |
0023|            C.  it has performed service within the scope of the
    |
0024|     application during the previous twelve-month period or has,
    |
0025|     actively and in good faith, solicited service within the scope
    |
0001|     of the application during such period; or
    |
0002|            D.  it has pending before the commission an
    |
0003|     application filed prior in time to the application being
    |
0004|     considered for substantially the same traffic; or
    |
0005|            E.  the commission grants leave to intervene upon a
    |
0006|     showing of other interests that are not contrary to the
    |
0007|     transportation policy of the Motor Carrier Act.
    |
0008|       Section 16.  [<u>NEW MATERIAL</u>]  CERTIFICATE OF REGISTRATION
    |
0009|     OF INSURANCE.--
    |
0010|            A.  It is unlawful for a motor carrier to provide
    |
0011|     compensated intrastate transportation of property without first
    |
0012|     having obtained a certificate of registration of insurance from
    |
0013|     the commission.
    |
0014|            B.  The commission shall issue a certificate of
    |
0015|     registration of insurance to a person if the commission finds
    |
0016|     that the person is in compliance with the:
    |
0017|                 (1)  financial responsibility requirements of
    |
0018|     the Motor Carrier Act and the rules of the commission; 
    |
0019|                 (2)  safety requirements of the Motor Carrier
    |
0020|     Act and the rules of the commission; and
    |
0021|                 (3)  requirement that it file a tariff if the
    |
0022|     person is a wrecker service providing intrastate transportation
    |
0023|     of motor vehicles as defined in Section 14501(c) of the ICC
    |
0024|     Termination Act of 1995.
    |
0025|            C.  No certificate of registration of insurance may
    |
0001|     be transferred or leased to another person.
    |
0002|            D.  Notice and a hearing shall not be required prior
    |
0003|     to the issuance of a certificate of registration of insurance
    |
0004|     except in the case of a wrecker service providing intrastate
    |
0005|     transportation of motor vehicles as defined in Section 14501(c)
    |
0006|     of the ICC Termination Act of 1995 and then only for approval of
    |
0007|     the tariff filed by the wrecker service under this subsection.
    |
0008|            E.  The commission shall promulgate rules that allow
    |
0009|     for the electronic filing of an application for a certificate of
    |
0010|     registration of insurance and for electronic payment of the
    |
0011|     application fee.
    |
0012|       Section 17.  [<u>NEW MATERIAL</u>]  LICENSES.--
    |
0013|            A.  It is unlawful for a person to operate as a
    |
0014|     broker in this state without having first obtained a license
    |
0015|     from the commission.
    |
0016|            B.  The commission may waive the requirements for
    |
0017|     notice and a hearing and issue a license to a person authorizing
    |
0018|     that person to act as a broker if the commission finds that:
    |
0019|                 (1)  the applicant is fit, willing and able to
    |
0020|     provide the services to be authorized by the license and to
    |
0021|     comply with the Motor Carrier Act and the rules of the
    |
0022|     commission; and
    |
0023|                 (2)  the transportation services to be provided
    |
0024|     under the license will promote the public interest and the
    |
0025|     transportation policy of the Motor Carrier Act.
    |
0001|            C.  In the execution of an agreement to sell, furnish
    |
0002|     or arrange for transportation, it is unlawful for a broker to
    |
0003|     employ any intrastate motor carrier not authorized by the
    |
0004|     commission.
    |
0005|            D.  No intrastate motor carrier holding a certificate
    |
0006|     or permit from the commission, or bona fide employee or agent of
    |
0007|     that motor carrier, is required to obtain a license as a broker
    |
0008|     from the commission for transportation services to be furnished
    |
0009|     wholly by the motor carrier or jointly with other motor carriers
    |
0010|     holding certificates or permits, or with a common carrier by
    |
0011|     railroad or express.
    |
0012|       Section 18.  [<u>NEW MATERIAL</u>]  TICKETS FOR A SINGLE TRIP.--The commission may, without requiring notice or a public
    |
0013|     hearing, issue a ticket for a single trip by a charitable
    |
0014|     organization in a school bus if:
    |
0015|            A.  the commission determines that no intrastate
    |
0016|     common or contract motor carrier of passengers is available for
    |
0017|     the trip described in the application for the single-trip
    |
0018|     ticket;
    |
0019|            B.  the school buses are in compliance with all
    |
0020|     school bus safety requirements established by the state
    |
0021|     transportation director pursuant to Sections 22-16-2 and
    |
0022|     22-16-11 NMSA 1978; and
    |
0023|            C.  the school buses are in compliance with the
    |
0024|     financial responsibility requirements of the Motor Carrier Act
    |
0025|     and the rules of the commission.
    |
0001|       Section 19.  [<u>NEW MATERIAL</u>]  INTERSTATE MOTOR CARRIERS.--
    |
0002|            A.  It is unlawful for a motor carrier engaged in
    |
0003|     interstate commerce to provide compensated interstate
    |
0004|     transportation of passengers or property on state highways
    |
0005|     without first having obtained a registration receipt from a base
    |
0006|     state.  The commission shall issue registration receipts without
    |
0007|     requiring notice or a public hearing.
    |
0008|            B.  The commission may collect an annual per motor
    |
0009|     vehicle fee, enter into agreements with state agencies and other
    |
0010|     state governments and promulgate all rules necessary to enable
    |
0011|     New Mexico to participate in the single state registration
    |
0012|     system for interstate motor carriers subject to regulation by
    |
0013|     the interstate commerce commission pursuant to Section 4005 of
    |
0014|     the federal Intermodal Surface Transportation Efficiency Act of
    |
0015|     1991 and implementing regulations promulgated by the interstate
    |
0016|     commerce commission or its successor agency.
    |
0017|            C.  The commission may collect an annual per motor
    |
0018|     vehicle fee, enter into agreements with state agencies and other
    |
0019|     state governments and promulgate all rules necessary to enable
    |
0020|     New Mexico to participate in the single state registration
    |
0021|     system for interstate motor carriers transporting commodities
    |
0022|     exempt from regulation by the interstate commerce commission or
    |
0023|     its successor agency.
    |
0024|            D.  The commission shall require an application,
    |
0025|     proof of financial responsibility and a registration receipt
    |
0001|     showing that the annual per motor vehicle fees have been paid
    |
0002|     for New Mexico from an interstate motor carrier transporting
    |
0003|     commodities exempt from regulation by the interstate commerce
    |
0004|     commission or its successor agency in interstate commerce on a
    |
0005|     state highway, but shall not require payment of duplicate annual
    |
0006|     per motor vehicle fees from an interstate motor carrier
    |
0007|     transporting both exempt and regulated commodities.
    |
0008|            E.  Compliance by an interstate motor carrier with
    |
0009|     the provisions of the federal Intermodal Surface Transportation
    |
0010|     Efficiency Act of 1991 shall not authorize a motor carrier to
    |
0011|     provide any intrastate transportation services in New Mexico. 
    |
0012|     An interstate motor carrier wishing to provide intrastate motor
    |
0013|     carrier services shall obtain the appropriate operating
    |
0014|     authority from the commission.
    |
0015|       Section 20.  [<u>NEW MATERIAL</u>]  TEMPORARY AUTHORITY FOR
    |
0016|     INTRASTATE MOTOR CARRIERS OF PASSENGERS OR HOUSEHOLD GOODS.--
    |
0017|            A.  The commission may waive the requirements for
    |
0018|     notice and a public hearing and grant temporary operating
    |
0019|     authority to an intrastate motor carrier of passengers or
    |
0020|     household goods for a period not to exceed ninety days when:
    |
0021|                 (1)  there is an urgent and immediate need for
    |
0022|     such service to, from or between a point or points within a
    |
0023|     territory;
    |
0024|                 (2)  there is no authorized intrastate motor
    |
0025|     carrier of passengers or household goods deemed capable of
    |
0001|     meeting the need;
    |
0002|                 (3)  the applicant for temporary authority has
    |
0003|     an application for a certificate, permit or endorsement of a
    |
0004|     certificate pending before the commission; and
    |
0005|                 (4)  it would be in furtherance of the
    |
0006|     transportation policy of the Motor Carrier Act.
    |
0007|            B.  Satisfactory proof of urgent and immediate need
    |
0008|     shall be made by affidavit or other verified proof as the
    |
0009|     commission shall by rule prescribe.
    |
0010|            C.  After temporary authority has been granted, the
    |
0011|     commission shall notify any motor carrier already authorized to
    |
0012|     perform all or part of the service temporarily authorized and,
    |
0013|     upon application in writing by the motor carrier, shall hold
    |
0014|     hearings and make such further determination with respect to
    |
0015|     temporary authority as the public interest may require.
    |
0016|            D.  An applicant for temporary authority as a common
    |
0017|     motor carrier shall file tariffs covering the transportation
    |
0018|     services for which temporary authority is being sought.
    |
0019|            E.  Intrastate motor carriers operating under
    |
0020|     temporary authority shall comply with all financial
    |
0021|     responsibility and safety requirements of the Motor Carrier Act
    |
0022|     and the rules of the commission.
    |
0023|            F.  The grant of temporary authority may be extended
    |
0024|     as deemed necessary by the commission.
    |
0025|            G.  Issuance of the temporary authority shall create
    |
0001|     no presumption that permanent authority will be granted.
    |
0002|       Section 21.  [<u>NEW MATERIAL</u>]  EMERGENCY AUTHORITY.--
    |
0003|            A.  The commission may, without notice or a public
    |
0004|     hearing, grant emergency operating authority to a person to
    |
0005|     provide transportation services for which there is an urgent and
    |
0006|     immediate need within a territory having no transportation
    |
0007|     services deemed capable of meeting the need when the commission
    |
0008|     finds it necessary to protect the public health and safety.
    |
0009|            B.  Satisfactory proof of urgent and immediate need
    |
0010|     for transportation services to protect the public health and
    |
0011|     safety shall be made by affidavit or other verified proof as the
    |
0012|     commission may prescribe.
    |
0013|            C.  The commission may grant emergency operating
    |
0014|     authority for a period not to exceed thirty days.  The grant of
    |
0015|     emergency authority may be extended if deemed necessary by the
    |
0016|     commission.
    |
0017|       Section 22.  [<u>NEW MATERIAL</u>]  EQUIPMENT LEASES AND
    |
0018|     INTERCHANGE AGREEMENTS.--
    |
0019|            A.  It is unlawful for intrastate common motor
    |
0020|     carriers of passengers or household goods to lease or
    |
0021|     interchange equipment or to operate such equipment without first
    |
0022|     having obtained approval of each equipment lease or interchange
    |
0023|     agreement from the commission.
    |
0024|            B.  A separate equipment lease or interchange
    |
0025|     agreement shall be filed for each motor vehicle to be leased or
    |
0001|     interchanged.
    |
0002|            C.  The commission shall disapprove a proposed
    |
0003|     equipment lease or interchange agreement if it finds that the
    |
0004|     purpose of the equipment lease or interchange agreement is to
    |
0005|     circumvent any rule of the commission pertaining to the status,
    |
0006|     service, classification of facilities or rates of authorized
    |
0007|     motor carriers or the financial responsibility requirements of
    |
0008|     the Motor Carrier Act and the commission's rules.
    |
0009|            D.  Leases and equipment interchange agreements shall
    |
0010|     specify which of the two parties to the agreement are
    |
0011|     responsible for complying with the financial responsibility and
    |
0012|     safety requirements of the Motor Carrier Act and the rules of
    |
0013|     the commission.
    |
0014|       Section 23.  [<u>NEW MATERIAL</u>]  HOUSEHOLD GOODS OPERATIONS.--
    |
0015|            A.  Each intrastate common motor carrier of household
    |
0016|     goods is responsible for all acts or omissions of any of its
    |
0017|     agents that relate to the performance of household goods
    |
0018|     transportation services, including accessorial or terminal
    |
0019|     services, that are within the actual or apparent authority of
    |
0020|     the agent derived from the common motor carrier or that are
    |
0021|     ratified by the common motor carrier.
    |
0022|            B.  The commission shall adopt rules for the
    |
0023|     following elements of household goods motor carrier operations:
    |
0024|                 (1)  rates;
    |
0025|                 (2)  estimates;
    |
0001|                 (3)  inventory;
    |
0002|                 (4)  weighing;
    |
0003|                 (5)  receipts and bills of lading;
    |
0004|                 (6)  liability based on value between the motor
    |
0005|     carrier and the shipper;
    |
0006|                 (7)  joint transportation between motor
    |
0007|     carriers;
    |
0008|                 (8)  household goods agents; and
    |
0009|                 (9)  dispute settlement programs.
    |
0010|            C.  In adopting rules for motor carriers of household
    |
0011|     goods, the commission shall take into account at least the
    |
0012|     following:
    |
0013|                 (1)  the level of performance that can be
    |
0014|     achieved by a well-managed motor carrier of household goods;
    |
0015|                 (2)  the degree of harm to individual shippers
    |
0016|     that could result from a violation of the rule;
    |
0017|                 (3)  the need to deter abuses that result in
    |
0018|     harm to consumers;
    |
0019|                 (4)  service requirements of the motor carriers;
    |
0020|                 (5)  the cost of compliance in relation to the
    |
0021|     consumer benefits to be achieved from such compliance; and
    |
0022|                 (6)  the need to encourage motor carriers to
    |
0023|     offer service responsive to shipper needs.
    |
0024|            D.  Antitrust laws do not apply to discussions or
    |
0025|     agreements between a motor carrier of household goods and its
    |
0001|     authorized agents whether or not an agent is also a motor
    |
0002|     carrier, related solely to:
    |
0003|                 (1)  rates for the transportation of household
    |
0004|     goods under the authority of the principal motor carrier;
    |
0005|                 (2)  accessorial, terminal, storage or other
    |
0006|     charges for transportation services incidental to the
    |
0007|     transportation of household goods transported under the
    |
0008|     authority of the principal motor carrier;
    |
0009|                 (3)  allowances relating to transportation of
    |
0010|     household goods under the authority of the principal motor
    |
0011|     carrier; or
    |
0012|                 (4)  ownership of a motor carrier of household
    |
0013|     goods by an agent or membership on the board of directors of any
    |
0014|     such common motor carrier by an agent.
    |
0015|            E.  Antitrust laws do not apply to any charge for a
    |
0016|     cost estimate for transportation of household goods provided by
    |
0017|     an intrastate common motor carrier of household goods to a
    |
0018|     shipper.
    |
0019|       Section 24.  [<u>NEW MATERIAL</u>]  FINANCIAL RESPONSIBILITY
    |
0020|     REQUIREMENTS.--
    |
0021|            A.  It is unlawful for a motor carrier to operate on
    |
0022|     state highways without having filed with the commission proof of
    |
0023|     financial responsibility in the form and amounts as the
    |
0024|     commission shall by rule prescribe.
    |
0025|            B.  In prescribing minimum requirements for financial
    |
0001|     responsibility for motor carriers operating on public highways
    |
0002|     in this state, the commission shall take into consideration:
    |
0003|                 (1)  the creation of sufficient incentives to
    |
0004|     motor carriers to maintain and operate their equipment in a safe
    |
0005|     manner; and
    |
0006|                 (2)  all other factors necessary to assure that
    |
0007|     motor carriers maintain an appropriate level of financial
    |
0008|     responsibility.
    |
0009|            C.  The commission may authorize a motor carrier to
    |
0010|     carry its own insurance if the superintendent of insurance
    |
0011|     approves the motor carrier's program of self-insurance.
    |
0012|            D.  Notwithstanding any requirement of the New Mexico
    |
0013|     Insurance Code to the contrary, the commission may accept proof
    |
0014|     of public liability insurance from an insurer not authorized in
    |
0015|     New Mexico if:
    |
0016|                 (1)  the insurance is for an interstate motor
    |
0017|     carrier transporting commodities exempt from regulation by the
    |
0018|     interstate commerce commission or its successor agency
    |
0019|     participating in the single state registration program for such
    |
0020|     motor carriers; and
    |
0021|                 (2)  the insurer is authorized to write public
    |
0022|     liability insurance in at least one other state.
    |
0023|       Section 25.  [<u>NEW MATERIAL</u>]  SAFETY REQUIREMENTS FOR
    |
0024|     MOTOR VEHICLES USED IN COMPENSATED TRANSPORTATION.--The safety
    |
0025|     requirements for motor vehicles and the drivers used by motor
    |
0001|     carriers on state highways are the federal motor carrier safety
    |
0002|     regulations and the federal hazardous materials regulations
    |
0003|     found at Title 49, Code of Federal Regulations, Parts 40, 325,
    |
0004|     382, 383, 385, 386, 387, 390 through 397 and 399 with the
    |
0005|     variances adopted by the motor transportation division of the
    |
0006|     taxation and revenue department.
    |
0007|       Section 26.  [<u>NEW MATERIAL</u>]  INVOLUNTARY SUSPENSION OR
    |
0008|     REVOCATION OF OPERATING AUTHORITIES--REINSTATEMENT.--
    |
0009|            A.  The motor transportation division of the taxation
    |
0010|     and revenue department without notice or public hearing may
    |
0011|     order immediate involuntary suspension or revocation of an
    |
0012|     operating authority or may order a motor vehicle to be taken out
    |
0013|     of service for violation of any requirement of the Motor Carrier
    |
0014|     Act or the commission rules relating to safety or financial
    |
0015|     responsibility, if such violation would endanger the public
    |
0016|     health or safety.  A motor carrier may protest such action
    |
0017|     before the commission only if the motor carrier files a petition
    |
0018|     and requests a hearing before the commission within ten days of
    |
0019|     being placed out of service and if it thinks the action was
    |
0020|     taken without good cause.  In the alternative, the motor carrier
    |
0021|     may be reinstated upon compliance with the motor transportation
    |
0022|     division director's out-of-service order pursuant to the Motor
    |
0023|     Carrier Safety Act.
    |
0024|            B.  The commission upon complaint or on the
    |
0025|     commission's own initiative after notice and a public hearing
    |
0001|     may order involuntary suspension or revocation, in whole or in
    |
0002|     part, of any operating authority for failure to:
    |
0003|                 (1)  comply with any provision of the Motor
    |
0004|     Carrier Act;
    |
0005|                 (2)  comply with any lawful order or rule of the
    |
0006|     commission;
    |
0007|                 (3)  comply with any term, condition or
    |
0008|     limitation of any operating authority; or
    |
0009|                 (4)  render reasonably continuous service under
    |
0010|     a certificate or permit.
    |
0011|            C.  The commission may approve an application for
    |
0012|     reinstatement of an operating authority following involuntary
    |
0013|     suspension if it finds, after notice and a public hearing that:
    |
0014|                 (1)  the holder of the operating authority is
    |
0015|     fit, willing and able to provide the authorized transportation
    |
0016|     services and to comply with the Motor Carrier Act and the rules
    |
0017|     of the commission;
    |
0018|                 (2)  the reasons for the involuntary suspension
    |
0019|     no longer pertain; and
    |
0020|                 (3)  the person has paid the required
    |
0021|     application and filing fees.
    |
0022|       Section 27.  [<u>NEW MATERIAL</u>]  DESIGNATION BY OPERATION OF
    |
0023|     LAW OF AN AGENT FOR SERVICE OF PROCESS.--
    |
0024|            A.  If a motor carrier or broker holding an operating
    |
0025|     authority from the commission operates without appointing a
    |
0001|     resident agent for service of process or the commission has
    |
0002|     unsuccessfully attempted to serve an order upon the designated
    |
0003|     registered agent, the motor carrier or broker shall be deemed to
    |
0004|     have appointed the secretary of state as its resident agent for
    |
0005|     service of process in any action or proceeding against the motor
    |
0006|     carrier or broker growing out of any accident, collision or
    |
0007|     transaction in which the motor carrier or broker may be involved
    |
0008|     by operating in this state.
    |
0009|            B.  If the secretary of state is served with process
    |
0010|     directed to a motor carrier or broker holding an operating
    |
0011|     authority from the commission, the secretary of state shall
    |
0012|     forward the order or process by certified mail to the motor
    |
0013|     carrier or broker at the address shown on its last change of
    |
0014|     address report, its last annual report or its last application
    |
0015|     with respect to its operating authority, whichever is most
    |
0016|     recent.  The secretary of state shall file a certificate of
    |
0017|     service with the commission, which shall be accepted as prima
    |
0018|     facie proof of service.
    |
0019|            C.  A fee shall be assessed as costs in the
    |
0020|     proceeding for each process from a court served upon the
    |
0021|     secretary of state.  No fee shall be charged for service of a
    |
0022|     commission order.
    |
0023|       Section 28.  [<u>NEW MATERIAL</u>]  NOTICE.--Whenever the
    |
0024|     constitution of New Mexico or the Motor Carrier Act requires
    |
0025|     publication of notice regarding a matter before the commission,
    |
0001|     such requirement shall be met if notice is published once in a
    |
0002|     newspaper of general circulation not less than ten days prior to
    |
0003|     the date set for a hearing on the matter.
    |
0004|       Section 29.  [<u>NEW MATERIAL</u>]  ANNUAL REPORTS--CONFIDENTIALITY OF FINANCIAL INFORMATION.--
    |
0005|            A.  The commission may, in its discretion, require
    |
0006|     motor carriers and brokers holding operating authority from the
    |
0007|     commission to prepare and transmit to the commission an annual
    |
0008|     report of its operations.  The report shall be in the form,
    |
0009|     contain information and be due on a date as the commission may
    |
0010|     by rule require.
    |
0011|            B.  Any financial data filed by motor carriers in
    |
0012|     annual reports shall not be made available for examination by
    |
0013|     the public.
    |
0014|       Section 30.  [<u>NEW MATERIAL</u>]  ACCESS TO INFORMATION--PRODUCTION OF INFORMATION.--
    |
0015|            A.  The commission or its duly authorized agent
    |
0016|     shall, at all times, have access to:
    |
0017|                 (1)  all lands, buildings or equipment of motor
    |
0018|     carriers and brokers used in connection with their operations;
    |
0019|     and
    |
0020|                 (2)  all pertinent accounts, records, documents
    |
0021|     and memoranda required to be kept by motor carriers and brokers. 
    |
0022|            B.  The commission, by order, may require a motor
    |
0023|     carrier or broker subject to the Motor Carrier Act, or any of
    |
0024|     their officers or agents, to produce at such reasonable times
    |
0025|     and places as it may designate, any books, records, accounts or
    |
0001|     documents kept in any office or place without or within this
    |
0002|     state, or certified copies of such documents, whenever their
    |
0003|     production is reasonably required and pertinent to any matter
    |
0004|     before the commission, in order that an examination of them may
    |
0005|     be made by the commission or by a person employed by the
    |
0006|     commission.
    |
0007|            C.  The motor transportation division of the taxation
    |
0008|     and revenue department shall furnish to the commission all
    |
0009|     information needed by the commission to carry out its
    |
0010|     responsibilities when such information is obtainable only in the
    |
0011|     field by patrolling state public highways, establishing ports of
    |
0012|     entry, setting up roadblocks or similar activities for the
    |
0013|     purpose of checking motor carriers.
    |
0014|       Section 31.  [<u>NEW MATERIAL</u>]  FEES--FUND CREATED--DISTRIBUTION.--
    |
0015|            A.  The commission shall charge and collect the
    |
0016|     stated fee for filing an application for:
    |
0017|                 (1)  a certificate as an intrastate common motor
    |
0018|     carrier of passengers or household goods, two hundred fifty
    |
0019|     dollars ($250);
    |
0020|                 (2)  a permit as an intrastate contract motor
    |
0021|     carrier of passengers or household goods, two hundred fifty
    |
0022|     dollars ($250);
    |
0023|                 (3)  a certificate of registration of insurance
    |
0024|     as an intrastate motor carrier of property or as a not-for-profit intrastate motor carrier of passengers, ten dollars
    |
0025|     ($10.00);
    |
0001|                 (4)  a license as a broker, one hundred dollars
    |
0002|     ($100);
    |
0003|                 (5)  an intrastate temporary authority as a
    |
0004|     common or contract motor carrier of passengers or household
    |
0005|     goods, one hundred dollars ($100); and
    |
0006|                 (6)  a ticket for a single trip, ten dollars
    |
0007|     ($10.00).
    |
0008|            B.  The commission shall charge and collect the
    |
0009|     stated fee for filing an application for:
    |
0010|                 (1)  a change in an intrastate rate or tariff,
    |
0011|     two hundred dollars ($200); 
    |
0012|                 (2)  approval of a motor carrier agreement, two
    |
0013|     hundred dollars ($200);
    |
0014|                 (3)  the lease, transfer or change in ownership
    |
0015|     of a certificate, two hundred dollars ($200);
    |
0016|                 (4)  reinstatement of a certificate or permit
    |
0017|     after involuntary suspension, one hundred dollars ($100);
    |
0018|                 (5)  reinstatement of a license after
    |
0019|     involuntary suspension, forty dollars ($40.00);
    |
0020|                 (6)  each extension of temporary authority,
    |
0021|     fifty dollars ($50.00);
    |
0022|                 (7)  voluntary suspension of a certificate,
    |
0023|     fifteen dollars ($15.00); and
    |
0024|                 (8)  a change in name, ten dollars ($10.00).
    |
0025|            C.  The commission shall charge and collect the
    |
0001|     following miscellaneous fees:
    |
0002|                 (1)  for filing an amended application for a
    |
0003|     certificate or a permit or for lease or transfer of a
    |
0004|     certificate:
    |
0005|                      (a)  fifty dollars ($50.00) if it is
    |
0006|     necessary to vacate and reschedule the hearing and temporary
    |
0007|     authority has not yet been issued; and
    |
0008|                      (b)  one hundred dollars ($100) if either
    |
0009|     the hearing needs to be vacated and rescheduled or temporary
    |
0010|     authority has been issued;
    |
0011|                 (2)  for filing requests to vacate and
    |
0012|     reschedule a hearing, fifty dollars ($50.00);
    |
0013|                 (3)  for filing proof of financial
    |
0014|     responsibility for public liability, fifteen dollars ($15.00)
    |
0015|     per filing;
    |
0016|                 (4)  for filing proof of financial
    |
0017|     responsibility for cargo liability, fifteen dollars ($15.00) per
    |
0018|     filing;
    |
0019|                 (5)  for filing a lease or equipment interchange
    |
0020|     agreement, five dollars ($5.00) per motor vehicle leased or
    |
0021|     interchanged;
    |
0022|                 (6)  for other miscellaneous filings, five
    |
0023|     dollars ($5.00) per document;
    |
0024|                 (7)  for certifying copies of any record, order
    |
0025|     or operating authority, fifteen dollars ($15.00);
    |
0001|                 (8)  for copies of written commission documents
    |
0002|     or records, one dollar ($1.00) per page, in addition to any
    |
0003|     applicable certification charge;
    |
0004|                 (9)  for copies of other commission records,
    |
0005|     including magnetic tape and computer diskettes, an amount set by
    |
0006|     the commission, in addition to any applicable certification
    |
0007|     charge; and
    |
0008|                 (10)  for registration receipts for interstate
    |
0009|     motor carriers, ten dollars ($10.00) per motor vehicle per
    |
0010|     registration year or portion of a registration year.
    |
0011|            D.  The secretary of state shall charge and collect a
    |
0012|     fee of ten dollars ($10.00) for each process from a court served
    |
0013|     upon the secretary of state as the designated agent for service
    |
0014|     of process by operation of law.  No fee shall be charged for a
    |
0015|     service of any order of the commission.
    |
0016|            E.  The "motor transportation fee fund" is created in
    |
0017|     the state treasury.  All fees shall be collected by the
    |
0018|     commission or the motor vehicle division of the taxation and
    |
0019|     revenue department at the time the service is provided, and
    |
0020|     shall be remitted to the state treasurer and deposited in the
    |
0021|     fund.  At the end of each month, the state treasurer shall
    |
0022|     transfer the unencumbered balance in the fund to the state road
    |
0023|     fund.
    |
0024|            F.  Whenever a fee has been erroneously paid, the
    |
0025|     person having paid the fee may apply in writing to the
    |
0001|     commission for a refund no later than sixty days after the
    |
0002|     payment.  Upon approval of the application by the commission,
    |
0003|     the amount erroneously paid shall be refunded from the fund to
    |
0004|     the person who made the payment.
    |
0005|            G.  All applications shall be fully completed within
    |
0006|     sixty days or the fee submitted with the application shall be
    |
0007|     forfeited to the state.  If the applicant desires to renew the
    |
0008|     application, the applicant shall pay another fee in the same
    |
0009|     amount as the original.
    |
0010|       Section 32.  [<u>NEW MATERIAL</u>]  ACTIONS TO VACATE COMMISSION
    |
0011|     ORDER.--
    |
0012|            A.  A party in interest dissatisfied with an order of
    |
0013|     the commission not removable to the supreme court of New Mexico
    |
0014|     under the provisions of Article 11, Section 7 of the
    |
0015|     constitution of New Mexico may commence an action in the
    |
0016|     district court for Santa Fe county against the commission as
    |
0017|     defendant to vacate and set aside the order on the ground that
    |
0018|     it is unlawful or unreasonable.  In such proceeding, the court
    |
0019|     may grant relief by inunction, mandamus or other extraordinary
    |
0020|     remedy.  In any action, the complaint shall be served with the
    |
0021|     summons.  The person who files the complaint shall, by certified
    |
0022|     mail, send a copy of the complaint to all persons who
    |
0023|     participated as parties in the action before the commission.
    |
0024|            B.  The commission's answer to the complaint shall be
    |
0025|     served and filed within thirty days after service of the
    |
0001|     complaint.
    |
0002|            C.  A person not a party to the action but having an
    |
0003|     interest in the subject may be made a party.
    |
0004|            D.  All such actions shall have precedence over any
    |
0005|     civil cause of a different nature.
    |
0006|            E.  Every action to vacate or amend an order of the
    |
0007|     commission or to enjoin the enforcement of the order or to
    |
0008|     prevent the order from becoming effective shall be commenced,
    |
0009|     and every appeal to the courts or right of recourse to the
    |
0010|     courts shall be taken or exercised, within thirty days after the
    |
0011|     entry, of the order.  The right to commence an action or to take
    |
0012|     or exercise any appeal or right of recourse to the courts shall
    |
0013|     terminate absolutely at the end of thirty days.
    |
0014|            F.  A substantial compliance by the commission with
    |
0015|     the requirements of the Motor Carrier Act shall be sufficient to
    |
0016|     give effect to all rules, orders and acts of the commission, and
    |
0017|     they shall not be declared inoperative, illegal or void for any
    |
0018|     omission of a technical nature. 
    |
0019|            G.  A party to the action, within thirty days after
    |
0020|     service of a copy of the order or judgment of the district
    |
0021|     court, may appeal to the supreme court, and the cause shall be
    |
0022|     placed on the calendar of the then pending term and shall be
    |
0023|     assigned and brought to a hearing in the same manner as other
    |
0024|     causes on the calendar.
    |
0025|            H.  In such actions and proceedings in court, all
    |
0001|     processes shall be served and the practice and rules of evidence
    |
0002|     shall be the same as in civil actions, except as otherwise
    |
0003|     provided.
    |
0004|       Section 33.  [<u>NEW MATERIAL</u>]  EXEMPTIONS.--The Motor
    |
0005|     Carrier Act shall not apply to the following:
    |
0006|            A.  school buses, or the use of school buses to
    |
0007|     provide emergency transportation in accordance with the
    |
0008|     Emergency Transportation Act; provided, school buses shall be
    |
0009|     subject to all applicable school bus safety provisions
    |
0010|     established by the state transportation director pursuant to
    |
0011|     Sections 22-16-2 and 22-16-11 NMSA 1978;
    |
0012|            B.  United States mail carriers operating star
    |
0013|     routes, unless they are engaged in other business as common or
    |
0014|     contract motor carriers of passengers or household goods;
    |
0015|            C.  hearses, funeral coaches or any other motor
    |
0016|     vehicle belonging to or operated in connection with the business
    |
0017|     of a funeral service practitioner licensed by the state;
    |
0018|            D.  a county or municipal public transportation
    |
0019|     system;
    |
0020|            E.  intrastate farm carriers transporting unprocessed
    |
0021|     farm products from the place of harvesting to market, to storage
    |
0022|     or to a processing plant or hauling livestock in lots of less
    |
0023|     than twenty-five thousand pounds; or
    |
0024|            F.  private carriers.
    |
0025|       Section 34.  [<u>NEW MATERIAL</u>]  TRANSITION.--
    |
0001|            A.  Certificates and permits issued to intrastate
    |
0002|     motor carriers of passengers or household goods by the
    |
0003|     commission under the authority of previous acts shall remain in
    |
0004|     effect, subject to the provisions of the Motor Carrier Act and
    |
0005|     the commission's rules.
    |
0006|            B.  Certificates and permits issued to intrastate
    |
0007|     motor carriers of property by the commission under the authority
    |
0008|     of previous acts are void on the effective date of the Motor
    |
0009|     Carrier Act.
    |
0010|            C.  Warrants issued to intrastate motor carriers of
    |
0011|     property by the commission pursuant to its rules are void on the
    |
0012|     effective date of the Motor Carrier Act.  The commission shall
    |
0013|     issue instead a certificate of proof of insurance to intrastate
    |
0014|     motor carriers of property previously holding warrants, provided
    |
0015|     the motor carrier has valid and current proof of financial
    |
0016|     responsibility on file with the commission on the effective date
    |
0017|     of the Motor Carrier Act.
    |
0018|       Section 35.  [<u>NEW MATERIAL</u>]  EFFECT ON MUNICIPAL POWERS.--Nothing in the Motor Carrier Act shall be construed to limit or
    |
0019|     restrict the powers of home-rule municipalities except as
    |
0020|     otherwise provided by law.
    |
0021|       Section 36.  [<u>NEW MATERIAL</u>]  ADMINISTRATIVE PENALTIES.--       A.  Whenever, after investigation, the commission
    |
0022|     finds that any provision of the Motor Carrier Act or any order
    |
0023|     or rule of the commission is being, has been or is about to be
    |
0024|     violated, it may make and enter of record an order in the
    |
0025|     premises, specifying the actual or proposed act or omission that
    |
0001|     constitutes a real or proposed violation and requiring that the
    |
0002|     violation be discontinued or rectified, or both, or that it be
    |
0003|     prevented.
    |
0004|            B.  Notwithstanding the existence of any other
    |
0005|     penalties, the commission may assess administrative fines of not
    |
0006|     more than ten thousand dollars ($10,000) for each violation of
    |
0007|     any provision of the Motor Carrier Act or of any lawful rule or
    |
0008|     order of the commission.  In case of a continuing violation,
    |
0009|     each day's violation shall be deemed to be a separate and
    |
0010|     distinct offense.
    |
0011|            C.  Notwithstanding the existence of any other
    |
0012|     penalties, the commission may assess administrative fines of not
    |
0013|     more than ten thousand dollars ($10,000) against any shipper
    |
0014|     knowingly using common or contract motor carriers not properly
    |
0015|     certified by the commission.
    |
0016|            D.  A person shall be assessed a civil penalty of not
    |
0017|     more than two thousand dollars ($2,000) for a first violation
    |
0018|     and not more than five thousand dollars ($5,000) for each
    |
0019|     subsequent violation if that person knowingly engages in or
    |
0020|     authorizes an agent or other person to:
    |
0021|                 (1)  falsify the documents used in the
    |
0022|     transportation of household goods that evidence the weight of
    |
0023|     the shipment; or
    |
0024|                 (2)  charge for accessorial services that are
    |
0025|     not performed or for which the motor carrier is not entitled to
    |
0001|     be compensated in any case in which such services are not
    |
0002|     reasonably necessary for the safe and adequate movement of the
    |
0003|     shipment.
    |
0004|            E.  All penalties accruing under the Motor Carrier
    |
0005|     Act shall be cumulative, and a suit for recovery of one penalty
    |
0006|     shall not be a bar to or affect the recovery of any other
    |
0007|     penalty or forfeiture or be a bar to any criminal prosecution
    |
0008|     under the Motor Carrier Act.
    |
0009|       Section 37.  [<u>NEW MATERIAL</u>]  CRIMINAL PENALTIES.--
    |
0010|            A.  Any person who knowingly makes a false statement
    |
0011|     of material fact under oath, whether oral or in writing, as
    |
0012|     required by the Motor Carrier Act or the rules of the
    |
0013|     commission, is guilty of perjury, and upon conviction shall be
    |
0014|     punished as provided for in the perjury statutes of this state.
    |
0015|            B.  Any person who willfully makes a false report to
    |
0016|     the commission or to any member or employee of the commission,
    |
0017|     and any person who knowingly aids or abets such person, is
    |
0018|     guilty of a felony and upon conviction shall be imprisoned for a
    |
0019|     definite term not to exceed five years.
    |
0020|            C.  Any person who willfully makes a false entry in
    |
0021|     the accounts or records required by the Motor Carrier Act or the
    |
0022|     rules of the commission, or willfully destroys, mutilates or by
    |
0023|     any other means willfully falsifies the accounts or records, or
    |
0024|     willfully neglects or fails to make full, true and correct
    |
0025|     entries of all facts is guilty of a felony and upon conviction
    |
0001|     shall be imprisoned for a definite term not to exceed five
    |
0002|     years.
    |
0003|            D.  Any employee of the commission who divulges any
    |
0004|     fact or information coming to his knowledge respecting an
    |
0005|     inspection, examination or investigation of an account, record,
    |
0006|     memorandum, book or paper or of the property and facilities of a
    |
0007|     motor carrier, except insofar as he is authorized by the
    |
0008|     commission or a court of competent jurisdiction, is guilty of a
    |
0009|     misdemeanor and upon conviction shall be fined not more than one
    |
0010|     thousand dollars ($1,000).
    |
0011|            E.  Weight-bumping consists of the knowing and
    |
0012|     willful making or securing of a fraudulent weight on a shipment
    |
0013|     of household goods that is subject to the jurisdiction of the
    |
0014|     commission under the Motor Carrier Act.  Any person who commits
    |
0015|     weight-bumping is guilty of a felony and upon conviction for
    |
0016|     each offense shall be fined not less than one thousand dollars
    |
0017|     ($1,000) nor more than ten thousand dollars ($10,000) or
    |
0018|     imprisoned for not more than two years, or both.
    |
0019|            F.  Any person who violates or who procures, aids or
    |
0020|     abets in the violation of any provision of the Motor Carrier Act
    |
0021|     or of any lawful rule or order of the commission is guilty of a
    |
0022|     misdemeanor and upon conviction shall be punished by
    |
0023|     imprisonment for a definite term of not more than ninety days or
    |
0024|     a fine of not more than one thousand dollars ($1,000), or both.
    |
0025|            G.  It is the duty of any commissioned law
    |
0001|     enforcement officer of this state or local governmental entity
    |
0002|     to make arrests and the district attorneys and attorney general
    |
0003|     to prosecute all violations of the Motor Carrier Act.
    |
0004|       Section 38.  Section 66-7-413 NMSA 1978 (being Laws 1978,
    |
0005|     Chapter 35, Section 484, as amended) is amended to read:
    |
0006|       "66-7-413.  PERMITS FOR EXCESSIVE SIZE AND WEIGHT--SPECIAL
    |
0007|     NOTIFICATION REQUIRED ON MOVEMENT OF MANUFACTURED HOMES.--
    |
0008|            A.  The department and local highway authorities may,
    |
0009|     in their discretion, upon application in writing and good cause
    |
0010|     being shown, issue a special permit in writing authorizing the
    |
0011|     applicant to operate or move a vehicle or load of a size or
    |
0012|     weight exceeding the maximum specified in Sections 66-7-401
    |
0013|     through 66-7-416 NMSA 1978 on any highway under the jurisdiction
    |
0014|     of the state highway commission or local authorities.  Except
    |
0015|     for the movement of manufactured homes, a permit may be granted,
    |
0016|     in cases of emergency, for the transportation of loads on a
    |
0017|     certain unit or combination of equipment for a specified period
    |
0018|     of time not to exceed one year, and the permit shall contain the
    |
0019|     route to be traversed, the type of load to be transported and
    |
0020|     any other restrictions or conditions deemed necessary by the
    |
0021|     body granting the permit.  In every other case, the permit shall
    |
0022|     be issued for a single trip and may designate the route to be
    |
0023|     traversed and contain any other restrictions or conditions
    |
0024|     deemed necessary by the body granting the permit.  Every permit
    |
0025|     shall be carried in the vehicle to which it refers and shall be
    |
0001|     opened for inspection to any peace officer.  It is a misdemeanor
    |
0002|     for any person to violate any of the conditions or terms of the
    |
0003|     special permit.
    |
0004|            B.  The department shall charge and collect, when the
    |
0005|     movement consists of any load of a width of twenty feet or
    |
0006|     greater for a distance of five miles or more, the sum of three
    |
0007|     hundred dollars ($300) a day or fraction thereof to defray the
    |
0008|     cost of state or local police escort.  The permit issued and the
    |
0009|     fee charged shall be based upon the entire movement at one time
    |
0010|     requiring police escort and not upon the number of vehicles
    |
0011|     involved.
    |
0012|            C.  The department shall promulgate regulations in
    |
0013|     accordance with the State Rules Act pertaining to safety
    |
0014|     practices, liability insurance and equipment for escort vehicles
    |
0015|     provided by the motor carrier himself and for escort vehicles
    |
0016|     provided by a private business in this state.
    |
0017|                 (1)  If a motor carrier provides his own escort
    |
0018|     vehicles and personnel, the department shall not charge an
    |
0019|     escort fee but shall provide the motor carrier escort personnel
    |
0020|     with a copy of applicable regulations and shall inspect the
    |
0021|     escort vehicles for the safety equipment required by the
    |
0022|     regulations.  If the escort vehicles and personnel meet the
    |
0023|     requirements set forth in the regulations and if the motor
    |
0024|     carrier holds a valid certificate of <s>[public convenience and
</s>    |
<s></s>0025| <s>    necessity or permit, as]</s> <u>registration of insurance or
</u>    |
<u></u>0001| <u>    registration receipt, whichever is</u> applicable, issued pursuant
    |
0002|     to <s>[Chapter 65, Article 2 NMSA 1978]</s> <u>the Motor Carrier Act</u>,
    |
0003|     the department shall issue the special permit.
    |
0004|                 (2)  If the escort service is a private
    |
0005|     business, the business shall have applied to the state
    |
0006|     corporation commission for and been issued a <s>[permit or]</s>
    |
0007|     certificate <s>[to operate as a contract or common motor carrier]</s>
    |
0008|     <u>of registration of insurance</u> pursuant to <s>[Chapter 65, Article
</s>    |
<s></s>0009| <s>    2 NMSA 1978]</s> <u>the Motor Carrier Act</u>.  The state corporation
    |
0010|     commission shall supply copies of applicable regulations to the
    |
0011|     business by mail and shall supply additional copies upon
    |
0012|     request.  If the escort vehicles and personnel meet the
    |
0013|     requirements set forth in the regulations and if the escort
    |
0014|     service holds a certificate <u>of registration of insurance</u>, the
    |
0015|     special permit shall be issued and the department shall not
    |
0016|     charge an escort fee.
    |
0017|                 (3)  The movement of vehicles upon the highways
    |
0018|     of this state requiring a special permit and required to use an
    |
0019|     escort of the type noted in Paragraphs (1) and (2) of this
    |
0020|     subsection is subject to department authority and inspection at
    |
0021|     all times.
    |
0022|                 (4)  The state highway and transportation
    |
0023|     department shall conduct engineering investigations and
    |
0024|     engineering inspections to determine which four-lane highways
    |
0025|     are safe for the operation or movement of manufactured homes
    |
0001|     without an escort.  After making that determination, the state
    |
0002|     highway and transportation department shall hold public hearings
    |
0003|     in the area of the state affected by the determination, after
    |
0004|     which it may adopt regulations designating those four-lane
    |
0005|     highways as being safe for the operation or movement of
    |
0006|     manufactured homes without an escort.  If any portion of such a
    |
0007|     four-lane highway lies within the boundaries of a municipality,
    |
0008|     the state highway and transportation department, after obtaining
    |
0009|     the approval of the municipal governing body, shall include such
    |
0010|     portions in its regulations.
    |
0011|            D.  Except for the movement of manufactured homes,
    |
0012|     special permits may be issued for a single vehicle or
    |
0013|     combination of vehicles by the department for a period not to
    |
0014|     exceed one year for a fee of sixty dollars ($60.00).  The
    |
0015|     permits may allow excessive height, length and width for a
    |
0016|     vehicle or combination of vehicles or load thereon and may
    |
0017|     include a provision for excessive weight if the operation is to
    |
0018|     be within the vicinity of a municipality.
    |
0019|            E.  Special permits for a single trip for a vehicle
    |
0020|     or combination of vehicles or load thereon of excessive weight,
    |
0021|     width, length and height may be issued for a single vehicle for
    |
0022|     a fee of fifteen dollars ($15.00).
    |
0023|            F.  If the vehicle for which a permit is issued under
    |
0024|     this section is a manufactured home, the department or local
    |
0025|     highway authority issuing the permit shall furnish the following
    |
0001|     information to the property tax division <u>of the department</u>,
    |
0002|     which shall then forward the information:
    |
0003|                 (1)  to the county assessor of any county from
    |
0004|     which a manufactured home is being moved, the date the permit
    |
0005|     was issued, the location being moved from, the location being
    |
0006|     moved to if within the same county, the name of the owner of the
    |
0007|     manufactured home and the identification and registration
    |
0008|     numbers of the manufactured home;
    |
0009|                 (2)  to the county assessor of any county in
    |
0010|     this state to which a manufactured home is being moved, the date
    |
0011|     the permit was issued, the location being moved from, the
    |
0012|     location being moved to, the name of the owner of the
    |
0013|     manufactured home and the registration and identification
    |
0014|     numbers of the manufactured home; and
    |
0015|                 (3)  to the owner of a manufactured home having
    |
0016|     a destination in this state, notification that the information
    |
0017|     required in Paragraphs (1) and (2) of this subsection is being
    |
0018|     given to the respective county assessors and that manufactured
    |
0019|     homes are subject to property taxation.
    |
0020|            G.  Except as provided in Subsection H of this
    |
0021|     section, if the movement of a manufactured home originates in
    |
0022|     this state, no permit shall be issued under Subsection F of this
    |
0023|     section until the owner of the manufactured home or his
    |
0024|     authorized agent obtains and presents to the department proof
    |
0025|     that a certificate has been issued by the county assessor or
    |
0001|     treasurer of the county in which the manufactured home movement
    |
0002|     originates showing that either:
    |
0003|                 (1)  all property taxes due or to become due on
    |
0004|     the manufactured home for the current tax year or any past tax
    |
0005|     years have been paid, except for manufactured homes located on
    |
0006|     an Indian reservation; or
    |
0007|                 (2)  no liability for property taxes on the
    |
0008|     manufactured home exists for the current tax year or any past
    |
0009|     tax years, except for manufactured homes located on an Indian
    |
0010|     reservation.
    |
0011|            H.  The movement of a manufactured home from the lot
    |
0012|     or business location of a manufactured home dealer to its
    |
0013|     destination designated by an owner-purchaser is not subject to
    |
0014|     the requirements of Subsection G of this section if the
    |
0015|     manufactured home movement originates from the lot or business
    |
0016|     location of the dealer and the manufactured home was part of his
    |
0017|     inventory prior to the sale to the owner-purchaser; however, the
    |
0018|     movement of a manufactured home by a dealer or his authorized
    |
0019|     agent as a result of a sale or trade-in from a nondealer-owner
    |
0020|     is subject to the requirements of Subsection G of this section
    |
0021|     whether the destination is the business location of a dealer or
    |
0022|     some other destination.
    |
0023|            I.  No permit shall be issued under this section for
    |
0024|     movement of a manufactured home whose width exceeds eighteen
    |
0025|     feet with no more than a six-inch roof overhang on the left side
    |
0001|     or twelve inches on the right side in addition to the eighteen-foot width of the manufactured home.  Manufactured homes
    |
0002|     exceeding the limitations of this section shall only be moved on
    |
0003|     dollies placed on the front and the rear of the structure.
    |
0004|            J.  The secretary may by regulation provide for
    |
0005|     movers of manufactured homes to self-issue permits for certain
    |
0006|     sizes of manufactured homes over specific routes; however, in no
    |
0007|     case may the cost of each permit be less than fifteen dollars
    |
0008|     ($15.00).
    |
0009|            K.  The secretary may provide by regulation for
    |
0010|     dealers of implements of husbandry to self-issue permits for the
    |
0011|     movement of certain sizes of implements of husbandry from the
    |
0012|     lot or business location of the dealer over specific routes with
    |
0013|     specific escort requirements, if necessary, to a destination
    |
0014|     designated by an owner-purchaser or for purposes of a working
    |
0015|     demonstration on the property of a proposed owner-purchaser. 
    |
0016|     The department shall charge a fee for each self-issued permit
    |
0017|     not to exceed fifteen dollars ($15.00).
    |
0018|            L.  Any private motor carrier requesting an oversize
    |
0019|     or overweight permit shall provide proof of insurance in at
    |
0020|     least the following amounts:
    |
0021|                 (1)  bodily injury liability, providing:
    |
0022|                      (a)  fifty thousand dollars ($50,000) for
    |
0023|     each person; and
    |
0024|                      (b)  one hundred thousand dollars
    |
0025|     ($100,000) for each accident; and
    |
0001|                 (2)  property damage liability, providing
    |
0002|     twenty-five thousand dollars ($25,000) for each accident.
    |
0003|            M.  Any common motor carrier <u>of manufactured homes</u>
    |
0004|     requesting an oversize permit shall produce a copy of a <s>[form
</s>    |
<s></s>0005| <s>    "e" or other acceptable]</s> <u>registration receipt or certificate
</u>    |
<u></u>0006| <u>    of registration of insurance, whichever is applicable, as</u>
    |
0007|     evidence that the common motor carrier maintains the insurance
    |
0008|     minimums prescribed by the state corporation commission."
    |
0009|       Section 39.  Section 66-8-116.2 NMSA 1978 (being Laws 1989,
    |
0010|     Chapter 319, Section 13, as amended) is amended to read:
    |
0011|       "66-8-116.2.  PENALTY ASSESSMENT MISDEMEANORS--MOTOR
    |
0012|     CARRIER ACT.--As used in the Motor Vehicle Code and the Motor
    |
0013|     Carrier Act, "penalty assessment misdemeanor" means, in addition
    |
0014|     to the definitions of that term in Sections 66-8-116 and
    |
0015|     66-8-116.1 NMSA 1978, violation of the following listed sections
    |
0016|     of the NMSA 1978 for which the listed penalty is established:
    |
0017|            A.  GENERAL
    |
0018|     COMMON NAME OF OFFENSE   SECTION VIOLATED   PENALTY ASSESSMENT
    |
0019|     Failure to register
    |
0020|       motor carrier            65-1-12             $100.00
    |
0021|     Failure to carry
    |
0022|       identification card      65-1-26               50.00
    |
0023|     Failure to comply with
    |
0024|       state corporation
    |
0025|       commission rules and
    |
0001|       regulations              <s>[65-2-83]</s> <u>Section 4
</u>    |
<u></u>0002| <u>                          of the Motor Carrier
</u>    |
<u></u>0003| <u>                          Act</u>                  50.00
    |
0004|     Failure to <s>[register
</s>    |
<s></s>0005| <s>      interstate motor
</s>    |
<s></s>0006| <s>      carrier with state
</s>    |
<s></s>0007| <s>      corporation commission]</s>
    |
0008|       <u>carry</u>
    |
0009|       <u>registration</u>
    |
0010|       <u>receipt as issued</u>
    |
0011|       <u>by a base state</u>        <s>[65-2-115]</s> <u>Sections
</u>    |
<u></u>0012| <u>                          4 and 19 of the
</u>    |
<u></u>0013| <u>                          Motor Carrier Act</u>    50.00
    |
0014|     <u>Failure to carry</u>
    |
0015|       <u>certificate of</u>
    |
0016|       <u>registration of</u>
    |
0017|       <u>insurance issued</u>
    |
0018|       <u>by the state</u>
    |
0019|       <u>corporation</u>
    |
0020|       <u>commission         </u>    <u>Sections 4 and 16
</u>    |
<u></u>0021| <u>                          of the Motor Carrier
</u>    |
<u></u>0022| <u>                          Act                 </u> <u>250.00</u>
    |
0023|     <u>Failure to carry</u>
    |
0024|       <u>certificate</u>
    |
0025|       <u>issued by the</u>
    |
0001|       <u>state corporation</u>
    |
0002|       <u>commission              Sections 4 and 6</u>
    |
0003|                           <u>or 7 of the Motor</u>
    |
0004|                           <u>Carrier Act</u>        <u>250.00</u>
    |
0005|     <u>Failure to carry</u>
    |
0006|       <u>permit issued</u>
    |
0007|       <u>by the state</u>
    |
0008|       <u>corporation</u>
    |
0009|       <u>commission              Sections 4 and
</u>    |
<u></u>0010| <u>                          14 of the Motor
</u>    |
<u></u>0011| <u>                          Carrier Act</u>         <u>250.00</u>
    |
0012|     Failure to stop at
    |
0013|       designated
    |
0014|       registration place       65-5-1               100.00
    |
0015|     Failure to obtain
    |
0016|       proper clearance
    |
0017|       certificates             65-5-3               100.00.
    |
0018|            B.  VEHICLE OUT-OF-SERVICE VIOLATIONS
    |
0019|     COMMON NAME OF OFFENSE     SECTION VIOLATED   PENALTY ASSESSMENT
    |
0020|     Absence of braking action  65-3-9              $100.00
    |
0021|     Damaged brake lining or
    |
0022|       pads                65-3-9                50.00
    |
0023|     Loose or missing brake
    |
0024|       components               65-3-12              100.00
    |
0025|     Inoperable breakaway braking
    |
0001|       system                   65-3-12               50.00
    |
0002|     Defective or damaged brake
    |
0003|       tubing                   65-3-12               50.00
    |
0004|     Inoperative low pressure
    |
0005|       warning device      65-3-9                50.00
    |
0006|     Reservoir pressure not
    |
0007|       maintained               65-3-12              100.00
    |
0008|     Inoperative tractor
    |
0009|       protection valve         65-3-9               100.00
    |
0010|     Damaged or loose air
    |
0011|       compressor               65-3-12              100.00
    |
0012|     Audible air leak at brake
    |
0013|       chamber                  65-3-12               50.00
    |
0014|     Defective safety devices--
    |
0015|       chains or hooks          65-3-9               100.00
    |
0016|     Defective towing or coupling
    |
0017|       devices                  65-3-9               100.00
    |
0018|     Defective exhaust systems  65-3-9                30.00
    |
0019|     Frame defects--trailers    65-3-12              100.00
    |
0020|     Frame defects--other       65-3-9               100.00
    |
0021|     Defective fuel systems     65-3-9                50.00
    |
0022|     Missing or inoperative
    |
0023|       lamps                    65-3-9                25.00
    |
0024|     Missing lamps on projecting
    |
0025|       loads                    65-3-9                50.00
    |
0001|     Missing or inoperative
    |
0002|       turn signal              65-3-9                25.00
    |
0003|     Unsafe loading             65-3-8               100.00
    |
0004|     Excessive steering wheel
    |
0005|       play                65-3-9               100.00
    |
0006|     Steering column defects    65-3-9               100.00
    |
0007|     Steering box or steering
    |
0008|       system defects      65-3-9               100.00
    |
0009|     Suspension system defects  65-3-9                50.00
    |
0010|     Defective springs or spring
    |
0011|       assembly                 65-3-9                50.00
    |
0012|     Defective tires--steering
    |
0013|       axle                65-3-9               100.00
    |
0014|     Defective tires--other
    |
0015|       axles                    65-3-9                30.00
    |
0016|     Defective wheels and rims  65-3-9                50.00
    |
0017|     Defective or missing
    |
0018|       windshield wipers        65-3-9                30.00
    |
0019|     Defective or inoperative
    |
0020|       emergency exit--bus      65-3-9               100.00.       
    |
0021|            C.  DRIVER OUT-OF-SERVICE VIOLATIONS
    |
0022|     COMMON NAME OF OFFENSE     SECTION VIOLATED   PENALTY ASSESSMENT
    |
0023|     Driver's age               65-3-7                30.00
    |
0024|     Driver not licensed for
    |
0025|       type of vehicle being
    |
0001|       operated                 65-3-7                30.00
    |
0002|     Failure to have valid
    |
0003|       commercial driver's license
    |
0004|       in possession            66-5-59               30.00
    |
0005|     No waiver of physical
    |
0006|       disqualification
    |
0007|       in possession            65-3-7                30.00
    |
0008|     Sickness or fatigue        65-3-8               100.00
    |
0009|     Driver disqualification    65-3-7               500.00
    |
0010|     Exceeding the 10-hour
    |
0011|       driving rule             65-3-11              100.00
    |
0012|     Exceeding the 15-hour on
    |
0013|       duty rule           65-3-11              100.00
    |
0014|     Exceeding the 60 hours in 7
    |
0015|       days on duty rule        65-3-11              100.00
    |
0016|     Exceeding 70 hours in 8
    |
0017|       days on duty rule        65-3-11              100.00
    |
0018|     False log book             65-3-11              100.00.
    |
0019|            D.  HAZARDOUS MATERIALS OUT-OF-SERVICE VIOLATIONS
    |
0020|     COMMON NAME OF OFFENSE     SECTION VIOLATED   PENALTY ASSESSMENT
    |
0021|     Placarding violations      65-3-13              250.00
    |
0022|     Cargo tank not meeting
    |
0023|       specifications      65-3-13              250.00
    |
0024|     Internal valve operation
    |
0025|       violations               65-3-13              250.00
    |
0001|     Hazardous materials
    |
0002|       packaging violations     65-3-13              250.00
    |
0003|     Insecure load--hazardous
    |
0004|       materials           65-3-13              250.00
    |
0005|     Shipping papers violations 65-3-13               30.00
    |
0006|     Shipment of forbidden
    |
0007|       combination of hazardous
    |
0008|       materials           65-3-13              250.00
    |
0009|     No hazardous waste
    |
0010|       manifest                 65-3-13               30.00
    |
0011|     Bulk packaging marking
    |
0012|       violations               65-3-13               30.00
    |
0013|     Cargo tank marking
    |
0014|        violations              65-3-13               30.00."
    |
0015|       Section 40.  REPEAL.--Sections 13-2-1, 48-3-19, 65-2-80 through
    |
0016|     65-2-127 and 65-4-1 through 65-4-18 NMSA 1978 (being Laws 1965,
    |
0017|     Chapter 245, Section 1, Laws 1937, Chapter 150, Section 1, Laws 1981,
    |
0018|     Chapter 358, Sections 1 through 36, Laws 1993, Chapter 95, Section 2,
    |
0019|     Laws 1981, Chapter 358, Sections 37 through 46, Laws 1987, Chapter
    |
0020|     134, Section 3, Laws 1981, Chapter 358, Sections 47 and 48 and Laws
    |
0021|     1933, Chapter 120, Sections 1 through 17 and 19, as amended) are
    |
0022|     repealed.
    |
0023|       Section 41.  SEVERABILITY.--If any part or application of the
    |
0024|     Motor Carrier Act is held invalid, the remainder or its application to
    |
0025|     other situations or persons shall not be affected.
    |
0001|       Section 42.  EMERGENCY.--It is necessary for the public peace,
    |
0002|     health and safety that this act take effect immediately.
    |
0003|                                                             State of New Mexico
    |
0004|                      House of Representatives
    |
0005|   
    |
0006|                      FORTY-SECOND LEGISLATURE
    |
0007|                        SECOND SESSION, 1996
    |
0008|   
    |
0009|   
    |
0010|                                                   February 7, 1996
    |
0011|   
    |
0012|   
    |
0013|   Mr. Speaker:
    |
0014|   
    |
0015|       Your TAXATION AND REVENUE COMMITTEE, to whom has been
    |
0016|   referred
    |
0017|   
    |
0018|                           HOUSE BILL 535
    |
0019|                                  
    |
0020|                                   has had it under consideration and reports same with
    |
0021|   recommendation that it DO PASS, amended as follows:
    |
0022|   
    |
0023|       1.  On page 21, between lines 2 and 3, insert the following new
    |
0024|   subsection:
    |
0025|   
    |
0001|            "G.  Notwithstanding any other provision of the Motor Carrier
    |
0002|   Act, a towing company may establish, collect and receive from any not-for-profit motor club rates lower than the rates provided in the
    |
0003|   established tariff.  Notice of the lower rates shall be filed with the
    |
0004|   commission but shall not be considered a tariff.".
    |
0005|   
    |
0006|   The roll call vote on Amendment #1 was<u> 10</u> For<u> 1</u> Against
    |
0007|   Yes:          10
    |
0008|   No:      Parsons
    |
0009|   Excused: Ryan, Sandoval
    |
0010|   Absent:  None
    |
0011|   
    |
0012|                                Respectfully submitted,
    |
0013|   
    |
0014|   
    |
0015|   
    |
0016|                                <u>                                 </u>
    |
0017|                                Jerry W. Sandel, Chairman
    |
0018|   
    |
0019|   
    |
0020|   Adopted <u>                    </u>    Not Adopted <u>                      </u>
    |
0021|            (Chief Clerk)                       (Chief Clerk)
    |
0022|   
    |
0023|                         Date <u>            </u>
    |
0024|   
    |
0025|   The roll call vote was<u> 9 </u> For<u> 3 </u> Against
    |
0001|   Yes:          9
    |
0002|   No:      Crook, Hawkins, Parsons
    |
0003|   Excused: Sandel
    |
0004|   Absent:  None
    |
0005|   
    |
0006|   
    |
0007|                                                          .111894.1
    |
0008|     H0535TR1  
    |
0009|   
    |
0010|                      FORTY-SECOND LEGISLATURE
    |
0011|                        SECOND SESSION, 1996
    |
0012|   
    |
0013|   
    |
0014|                                                  February 12, 1996
    |
0015|   
    |
0016|   Mr. President:
    |
0017|   
    |
0018|     Your CORPORATIONS & TRANSPORTATION COMMITTEE, to whom
    |
0019|   has been referred
    |
0020|   
    |
0021|                     HOUSE BILL 535, as amended
    |
0022|   
    |
0023|   has had it under consideration and reports same with recommendation that
    |
0024|   it DO PASS, and thence referred to the FINANCE COMMITTEE.
    |
0025|   
    |
0001|                              Respectfully submitted,
    |
0002|   
    |
0003|   
    |
0004|   
    |
0005|                              __________________________________
    |
0006|                              Roman M. Maes, III, Chairman 
    |
0007|   
    |
0008|   
    |
0009|   
    |
0010|   Adopted_______________________ Not Adopted_______________________
    |
0011|             (Chief Clerk)                          (Chief Clerk)
    |
0012|   
    |
0013|   
    |
0014|                     Date ________________________
    |
0015|   
    |
0016|   
    |
0017|   The roll call vote was <u> 5 </u> For <u> 0 </u> Against
    |
0018|   Yes:  5
    |
0019|   No:        0
    |
0020|   Excused:   Kidd, McKibben, Reagan, Robinson
    |
0021|   Absent:    0
    |
0022|   
    |
0023|   
    |
0024|   H0535CT1
    |
0025|   
    |
0001|       
    |
0002|   
    |
0003|                      FORTY-SECOND LEGISLATURE
    |
0004|                        SECOND SESSION, 1996
    |
0005|   
    |
0006|   
    |
0007|                                                  February 14, 1996
    |
0008|   
    |
0009|   Mr. President:
    |
0010|   
    |
0011|     Your FINANCE COMMITTEE, to whom has been referred
    |
0012|   
    |
0013|                     HOUSE BILL 535, as amended
    |
0014|   
    |
0015|   has had it under consideration and reports same with recommendation that
    |
0016|   it DO PASS.
    |
0017|   
    |
0018|                              Respectfully submitted,
    |
0019|   
    |
0020|   
    |
0021|   
    |
0022|                              __________________________________
    |
0023|                              Ben D. Altamirano, Chairman 
    |
0024|   
    |
0025|   
    |
0001|   
    |
0002|   Adopted_______________________ Not Adopted_______________________
    |
0003|             (Chief Clerk)                          (Chief Clerk)
    |
0004|   
    |
0005|   
    |
0006|   
    |
0007|                     Date ________________________
    |
0008|   
    |
0009|   
    |
0010|   The roll call vote was <u> 8 </u> For <u> 0 </u> Against
    |
0011|   Yes:  8
    |
0012|   No:        0
    |
0013|   Excused:   Donisthorpe, Duran, Ingle, Kidd, Kysar
    |
0014|   Absent:    None
    |
0015|   
    |
0016|   
    |
0017|   H0535FC1
    |
0018|   
    |