A. The commission shall issue a warrant that allows a person to provide warranted service as a charter service, towing service or motor carrier of property if the commission finds that the applicant is in compliance with the financial responsibility and safety requirements of the Motor Carrier Act and the rules of the commission.
B. A towing service carrier performing nonconsensual tows is subject to tariff rates and terms of service. A towing service carrier performing nonconsensual tows shall not use the same motor vehicles, equipment and facilities used by another warranted towing service carrier performing nonconsensual tows.
C. A warrant shall not be transferred or leased to another person.
D. The commission may without notice or a public hearing cancel a warrant if the owner fails to operate under the warrant for twelve consecutive months or fails to provide proof of financial responsibility as required by the commission for four consecutive months.
History: Laws 2003, ch. 359, § 12; 2013, ch. 73, § 11; 2013, ch. 77, § 11; 2017, ch. 109, § 2.
The 2017 amendment, effective July 1, 2017, removed "commuter services" from the list of entities that are required to obtain a warrant from the public regulation commission authorizing the entity to offer and provide a warranted service as a motor carrier; in Subsection A, after "service as a", deleted "commuter service".
The 2013 amendment, effective July 1, 2013, clarified and simplified procedures for granting warrants; deleted former Subsection A, which required a commuter service, charter service, towing service or carrier of property to obtain a warrant; in Subsection A, after "provide", deleted "compensated intrastate transportation" and added "warranted service"; deleted former Subsection C, which provided for protests to applications for warrants; added Subsection B; and in Subsection D, after "twelve consecutive months", added the remainder of the sentence.
Structure New Mexico Statutes
Article 2A - Motor Carrier Act
Section 65-2A-1 - Short title.
Section 65-2A-2 - Transportation policy.
Section 65-2A-3 - Definitions.
Section 65-2A-4 - Powers and duties of the commission.
Section 65-2A-7 - Operating authorities in general.
Section 65-2A-8 - Certificates for passenger service.
Section 65-2A-9 - Certificates for household goods service.
Section 65-2A-11 - Temporary authority.
Section 65-2A-13 - Protests, objections and hearings.
Section 65-2A-14 - Changes in certificates or permits.
Section 65-2A-15 - Multiple operating authorities and business trade names allowed.
Section 65-2A-16 - Interstate motor carriers.
Section 65-2A-18 - Financial responsibility.
Section 65-2A-19 - Safety requirements for motor vehicles and drivers.
Section 65-2A-22 - Time schedules.
Section 65-2A-23 - Motor carrier organizations.
Section 65-2A-24 - Motor vehicle leases; driver contracts.
Section 65-2A-25 - Household goods operations.
Section 65-2A-26 - Household goods voluntary dispute settlement program.
Section 65-2A-26.1 - Indemnity provisions in motor carrier transportation contracts void.
Section 65-2A-28 - Designation of an agent for service of process.
Section 65-2A-29 - Reports and records.
Section 65-2A-30 - Unauthorized carrying of persons prohibited.
Section 65-2A-31 - Witnesses; subpoenas; service of process.
Section 65-2A-32 - Administrative penalties.
Section 65-2A-33 - Criminal and civil penalties; unfair trade practices.
Section 65-2A-34 - Actions to enforce commission orders.
Section 65-2A-35 - Appeal to supreme court.
Section 65-2A-37 - Electronic filing and certification of documents; electronic payment of fees.
Section 65-2A-38 - Exemptions.