Chapter 65 — Chapter 65

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…

Nothing contained in the Motor Carrier Act shall be construed: A. to limit or restrict the police jurisdiction or power of a municipality over its streets, highways and public places except as otherwise provided by law; B. in respect to matters other than rates and service regula…

A. In accordance with the Motor Carrier Act, the department shall: (1) issue operating authorities for a motor carrier operating in New Mexico; (2) establish minimum requirements for financial responsibility for motor carriers; provided that the financial responsibility standards…

History: Laws 2003, ch. 359, § 40; repealed by Laws 2013, ch. 73, § 34 and Laws 2013, ch. 77, § 34.

History: Laws 2013, ch. 73, § 33; 2013, ch. 77, § 33; repealed by Laws 2023, ch. 100, § 82.

when public hearings required. A. A person shall file an application for any matter for which department approval is required. An application shall be made in writing, verified and in a form that contains information and is accompanied by proof of service upon interested persons …

A. The department shall electronically publish notice regarding an application before the department for a certificate or for a change in a certificate, regarding proposed rulemaking, or regarding other orders of the department of general application, by posting a copy of the not…

A. Other than an entity receiving funding to supplement transportation services through Title III B of the federal Older Americans Act of 1965, no person shall offer or provide a transportation service for hire within the state without first obtaining an appropriate operating aut…

The legislature finds that: A. the federal Older Americans Act of 1965 was enacted in part to allow older Americans to continue "meaningful activity within the widest range of civic, cultural, education and training and recreational opportunities"; B. federal funding through Titl…

A. The department may issue a certificate for a passenger service as follows: (1) a certificate for an ambulance service; (2) a certificate for a shuttle service shall be endorsed for nature of service as a scheduled shuttle service or as a general shuttle service; (3) a certific…

A. Except as provided in this section and in Section 65-2A-13 NMSA 1978, the department shall issue a certificate allowing a person to provide household goods service after notice and public hearing requirements are met, if the applicant: (1) is fit and able to provide the transp…

Sections 65-3-1 through 65-3-13 [65-3-14] NMSA 1978 may be cited as the "Motor Carrier Safety Act". History: 1978 Comp., § 65-3-1, enacted by Laws 1989, ch. 201, § 2.

The director shall adopt rules and regulations not inconsistent with or more stringent than applicable federal safety standards concerning records and reports required to be made and kept by motor carriers of accidents which occur during their operations. Nothing in this section …

The director shall adopt rules and regulations not inconsistent with nor more stringent than applicable federal safety standards concerning the hours of service of drivers. A. These regulations shall include but not be limited to maximum driving and on- duty time, travel time, ma…

The director shall adopt rules and regulations concerning the systematic inspection, repair and maintenance of all commercial motor carrier vehicles. The regulations shall not be inconsistent with or more stringent than applicable federal safety standards. A. The regulations shal…

The director shall adopt regulations not inconsistent with or more stringent than applicable federal safety standards concerning the safe transportation of hazardous materials, including hazardous substances and waste. A. These regulations shall include but not be limited to: (1)…

A. A motor carrier shall have an in-house drug and alcohol testing program that meets the requirements of 49 C.F.R. part 382 or be a member of a consortium, as defined in 49 C.F.R. part 382.107, that provides testing that meets the requirements of 49 C.F.R. part 382. B. A person …

The legislature finds that highway safety is of utmost public concern. The purpose of the Motor Carrier Safety Act is to protect the New Mexico traveling public by ensuring the safe operation of commercial motor carrier vehicles on New Mexico's highways. History: 1978 Comp., § 65…

A. Notwithstanding any provision of the Motor Vehicle Code [Chapter 66, Articles 1 to 8 NMSA 1978] to the contrary, the provisions of the Motor Carrier Safety Act and the regulations promulgated under that act shall apply to a commercial motor carrier vehicle operating on the pub…

A. The secretary is directed to adopt in accordance with Section 65-1-10 NMSA 1978 [repealed] necessary rules and regulations under the Motor Carrier Safety Act as they apply to motor carrier safety. Such rules and regulations shall not be inconsistent with or more stringent than…

A. Any person who violates the provisions of the Motor Carrier Safety Act is guilty of a misdemeanor and shall be punished by a fine not exceeding five hundred dollars ($500) or thirty days in jail, or both. B. The director may, by regulation, authorize a penalty assessment progr…

ANNOTATIONS Repeals. — Laws 1990, ch. 21, § 4 repealed 65-3-6 NMSA 1978, as enacted by Laws 1947, ch. 171, § 2, relating to penalty for violating former 65-3-5 NMSA 1978, effective July 1, 1990. For provisions of former section, see the 1989 NMSA 1978 on NMOneSource.com.

A. A person shall not drive a motor vehicle unless the person is qualified to drive a motor vehicle, and a motor carrier shall not require or permit a person to drive a motor vehicle unless that person is qualified to drive a motor vehicle. B. A person is qualified to drive a com…

A. No person shall drive a motor vehicle, and no motor carrier shall be required or permit a person to drive a motor vehicle, unless the driver has satisfied himself that: (1) all safety-related parts and accessories are in good working order; (2) the cargo and equipment are prop…

The director shall adopt regulations not inconsistent with or more stringent than applicable federal safety standards concerning the following parts and accessories necessary for the safe operation of a commercial motor carrier: A. lighting devices, reflectors and electrical equi…

information; inspection. A. All commercial motor carrier vehicles shall enter, leave or travel through the state on designated highways and shall stop at every port of entry as designated by the division for manifesting and clearance stickers, except as provided in Subsection H o…

A. It is the intent of the legislature to promote economic development and to streamline the collection of revenues and the regulation of the trucking industry by authorizing the secretary to enter into bilateral agreements for the location, erecting, staffing and operation of po…

The department may require commercial motor carrier vehicles to stop at a joint port of entry in an adjoining state. The joint port of entry shall be established pursuant to an agreement entered into between the department and another state pursuant to Section 9-11-12 NMSA 1978. …