A. A motor carrier shall provide safe and adequate service, equipment and facilities for the rendition of transportation services in this state.
B. The commission shall prescribe safety requirements for drivers and for motor vehicles weighing twenty-six thousand pounds or less or carrying fifteen or fewer persons, including the driver, used by intrastate motor carriers operating in this state. The commission may prescribe additional requirements related to safety, including driver safety training programs, vehicle preventive maintenance programs, inquiries regarding the safety of the motor vehicles and drivers employed by a motor carrier, and the appropriateness of the motor vehicles and equipment for the transportation services to be provided by the motor carrier.
C. The New Mexico state police division of the department of public safety may immediately order, without notice or a public hearing, a motor vehicle to be taken out of service for violation of a federal or state law or rule relating to safety if the violation would endanger the public health or safety.
D. The commission shall implement rules requiring carriers to obtain criminal background reports for all employed or contract drivers of certificated service carriers and for all other persons employed by certificated household goods service carriers who enter private dwellings in the course of household goods service.
History: Laws 2003, ch. 359, § 19; 2013, ch. 73, § 17; 2013, ch. 77, § 17; 2017, ch. 109, § 3.
The 2017 amendment, effective July 1, 2017, removed the provision related to drug testing requirements for any person seeking to be a commuter service driver, and replaced "motor transportation division" with "New Mexico state police division" regarding the authority to order a motor vehicle to be taken out of service for certain safety violations; and deleted former Subsection C, which related to drug testing requirements for commuter service drivers, and redesignated the succeeding subsections accordingly.
The 2013 amendment, effective July 1, 2013, required criminal background reports for drivers and persons employed by household goods carriers; in the title, after "drivers", deleted "used in compensated transportation"; and added Subsection E.
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.