Chapter 65, Chapter 65

Chapter 65, Articles 1, 3 and 5 NMSA 1978 may be cited as the Motor Transportation Act. History: 1978 Comp., § 65-1-1, enacted by Laws 1989, ch. 201, § 1.

The department of transportation shall designate the main highways upon which motor carriers shall enter and leave the state and shall designate stations or establish places, either temporary or permanent, where inspection, registration and permit services shall be maintained and…

As used in the Motor Transportation Act: A. "combination" means any connected assemblage of a motor vehicle and one or more semitrailers, trailers or semitrailers converted to trailers by means of a converter gear; B. "combination gross vehicle weight" means the sum total of the …

vehicle; detention of vehicles. A. A commercial motor carrier vehicle operated on a New Mexico public highway by a motor carrier required to be registered with the department shall have in it at all times: (1) proof of payment of the trip tax; or (2) both evidence of registration…

The secretary or the secretary's representative may attend all hearings held by the department of transportation concerning motor transportation. The department of transportation shall notify the secretary of all such hearings, and the department is declared to be an interested p…

appropriations. A. Notwithstanding any other provision of law, the department is authorized to enter into agreements with financial institutions and credit card companies under which the department may accept payment by credit card from motor carriers of the taxes, fees or other …

The department and the department of transportation may require the motor carriers specified in this section to make payment of taxes, fees and other charges due under the Motor Transportation Act [Chapter 65, Articles 1, 3 and 5 NMSA 1978], Motor Vehicle Code [Chapter 66 NMSA 19…

All money collected by the department as agent for any other department, commission or agency of state government shall forthwith be remitted to them and by them distributed in the same manner as all other collections for the same items under their respective laws. All money coll…

Money collected under the Motor Transportation Act shall be paid to the state treasurer for the credit of the motor vehicle suspense fund not later than the close of the second business day after their [its] receipt. At the same time, the department shall deliver to the taxation …

It is the public policy of New Mexico to provide for fair and impartial enforcement of the motor transportation regulation and taxation laws of this state, and to promote safe, adequate, economical and efficient motor carrier service for the public benefit, without discrimination…

records. All current valid agreements entered into with other states by the commission created for the purpose of representing New Mexico in the matter of making reciprocal agreements relating to the operation of motor vehicles shall continue in effect according to their terms un…

It is the policy of New Mexico to grant to vehicles properly registered or licensed in another jurisdiction, while engaged in interstate commerce in New Mexico, exemption from all or part of the fees, taxes or compensation required for unusual use of the highways and exemption fr…

The director shall extend to qualified motor vehicle fleets from states with which New Mexico has reciprocal agreements the privilege of either full reciprocity or proportional registration, as appropriate, of such motor vehicles engaged in interstate commerce in this state. Hist…

registration rules. A. The secretary shall enter into agreements with the authorities of other jurisdictions to carry out the policy stated in Section 65-1-32 NMSA 1978. The secretary shall negotiate and perfect such agreements. B. The secretary may enter into agreements with oth…

If the New Mexico state police division in carrying out any of the powers and duties granted or imposed on it by the Motor Transportation Act needs duplicates of any records not transferred to it by that act, all departments, agencies and commissions of this state shall, upon req…

A. Violation of Section 65-5-1, 65-5-2 or 66-3-1.1 NMSA 1978 is a misdemeanor punishable by a fine of not less than one hundred dollars ($100) or more than five hundred dollars ($500) or imprisonment not exceeding ninety days or by both the fine and imprisonment. B. Violation of …

If any payment required pursuant to the Motor Transportation Act is attempted to be made by check that is not paid upon presentment, such dishonor is presumptive of negligence. The penalty for such dishonor shall be not less than ten dollars ($10.00). This penalty is in addition …

Carrier Act and rules. The department shall: A. enforce in the field the provisions of the Motor Transportation Act and the Motor Carrier Act [Chapter 65, Article 2A NMSA 1978] and the rules promulgated by the department of transportation pursuant to the Motor Carrier Act; and B.…

The department shall enforce and collect all excise taxes, license fees and other fees and charges of every nature and perform all inspections and collect all information considered necessary to enforce the laws of all departments, commissions and other agencies of state governme…

Chapter 65, Article 2A NMSA 1978 may be cited as the "Motor Carrier Act". History: Laws 2003, ch. 359, § 1; 2023, ch. 100, § 30.

A. The department may without notice grant temporary authority to an applicant for a certificate or for amendment, lease or transfer of all or part of a certificate for a period not to exceed the duration of the application process, if it finds that: (1) the notice period for suc…

A. The department shall issue a warrant that allows a person to provide warranted service as a charter service, towing service or motor carrier of property if the department finds that the applicant is in compliance with the financial responsibility and safety requirements of the…

A. Any interested person or any member of the public may provide information to the department or express an objection to any application for a certificate, or for amendment, lease or transfer of a certificate, during the notice period for the application by filing a written obje…

A. A change in a certificate shall not be valid or effective without the approval of the department. B. The department may, for good cause and after notice and public hearing requirements are met, authorize the following changes in all or part of a certificate at the request of t…

allowed. A. A person may simultaneously hold certificates for different kinds of certificated services and warrants for different kinds of warranted service within the same territory. B. Any motor carrier that holds more than one certificate for the same kind and nature of certif…

A. Foreign and domestic motor carriers, motor private carriers, leasing companies, brokers and freight forwarders shall not operate in interstate commerce in this state without first registering with a base state and paying all fees as required under the federal Unified Carrier R…

A. The department shall prescribe minimum requirements for financial responsibility for all motor carriers. B. A motor carrier shall not operate on the highways of this state without having filed with the department proof of financial responsibility in the form and amount as the …

A. A motor carrier shall provide safe and adequate service, equipment and facilities for the rendition of transportation services in this state. B. The department shall prescribe safety requirements for drivers and for motor vehicles weighing twenty-six thousand pounds or less or…

It is the policy of this state to foster the development, coordination and preservation of a safe, sound and adequate motor carrier system, requiring financial responsibility and accountability on the part of motor carriers through state licensing and regulation of motor carriers…

A. A tariffed service carrier shall not commence operations or perform a new service under its operating authority without having an approved tariff on file with the department. B. A tariffed service carrier shall file with the department proposed tariffs showing the rates for tr…

A. Tariffed service carriers shall observe nonpredatory and nondiscriminatory rates and terms of service for the transportation services they provide. A predatory or discriminatory charge for service is unlawful. B. Reduced rates for minor children accompanied by an adult, for st…

A. A scheduled shuttle service carrier shall file a proposed time schedule with its tariff and shall file any change in its schedule through an amended tariff. B. Failure by a scheduled shuttle service carrier to operate the service on each day pursuant to department rule as sche…

A. A tariffed service carrier may enter into discussions with another tariffed service carrier to establish a motor carrier organization. The organization shall obtain authorization from the department before its members enter into any discussions concerning the rates contained i…

A. An intrastate motor carrier shall not lease a motor vehicle or operate a leased motor vehicle in the course of its transportation service except as provided by department rule. The department may approve a motor vehicle lease without notice or a public hearing. B. A motor carr…

A. The department shall establish a statewide tariff for household goods services, containing terms of service and maximum rates that household goods service carriers may charge the public. B. A certificated household goods service carrier shall be responsible for acts or omissio…

A. The department shall establish a program to settle disputes, at the voluntary option of the shipper, between shippers and all household goods service carriers concerning the transportation of household goods, which shall be a fair and expeditious method for settling disputes a…

contracts void. A. A provision or agreement contained in, collateral to or affecting a motor carrier transportation contract that requires the motor carrier to indemnify or hold harmless, or that has the effect of indemnifying or holding harmless, the shipper from liability for l…

operating authorities; reinstatement. A. The department shall immediately suspend, without notice or a public hearing, the operating authority of a motor carrier for failure to continuously maintain the forms and amounts of financial responsibility prescribed by department rule. …

A. An applicant for an operating authority shall file with the department an appointment in writing of a resident agent for service of process. The appointment shall specify the address of the agent and shall stipulate that service upon the appointed agent of process of the depar…

A. The department shall establish reasonable requirements with respect to reports, records and uniform systems of accounts and preservation of records for motor carriers. B. The department may require any holder of an operating authority from the department or any lessee of an au…

As used in the Motor Carrier Act: A. "ability to provide certificated service" means that an applicant or carrier can provide reasonably continuous and adequate transportation service of the type required by its application or its operating authority in the territory authorized o…

Except in the case of an emergency, a transportation service carrier not authorized to transport passengers shall not carry a passenger, including a hitchhiker, except on- duty employees of the motor carrier or department representatives on official business in a vehicle used in …

A. If the department orders a person to appear before it, the department shall compensate the witness one full day's per diem plus mileage as provided for employees in the Per Diem and Mileage Act [10-8-1 to 10-8-8 NMSA 1978]. The state shall pay such compensation out of the moto…

A. If the department finds after investigation that a provision of the Motor Carrier Act or an order or rule of the department is being, has been or is about to be violated, it may issue an order specifying the actual or proposed acts or omissions to act that constitute a violati…

A. A person who knowingly makes a false statement of material fact under oath or penalty of perjury in a department proceeding, whether orally or in writing, shall be guilty of perjury. B. A person who willfully makes a false return of process or report to the department or an em…

If a person fails to comply with an order of the department within the time prescribed in the order or within thirty days after the order is entered, whichever is later, unless a stay has been granted, the department shall seek enforcement of the order in the district court for S…

A. A motor carrier or other interested person aggrieved by a final order or determination of the department issued pursuant to the Motor Carrier Act may appeal to the supreme court within thirty days. The appellant shall pay to the department the costs of preparing and transmitti…

A. The department shall establish in rule reasonable fees: (1) for filing an application for a certificate or an application for an amendment of a certificate, or for any protest or permissive intervention in regard to such application; (2) for filing an application for a warrant…

electronic payment of fees. A. The department may adopt rules permitting the electronic filing, submission and service of documents by facsimile, electronic mail or other electronic transmission, including original documents, and the certification of electronically filed document…

The Motor Carrier Act shall not apply to: A. school buses, provided that school buses shall be subject to applicable school bus safety provisions established by the state transportation director; B. United States mail carriers, unless they are engaged in other business as motor c…