A. If the commission finds after investigation that a provision of the Motor Carrier Act or an order or rule of the commission 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 violation and require that the violation be discontinued, rectified or prevented.
B. Notwithstanding the existence of any other penalties, the commission may assess an administrative fine of not more than ten thousand dollars ($10,000) for each violation of a provision of the Motor Carrier Act or of a lawful rule or order of the commission. In case of a continuing violation, each day's violation shall be deemed to be a separate and distinct offense.
C. Notwithstanding the existence of other penalties, the commission may assess an administrative fine of not more than ten thousand dollars ($10,000) against a person knowingly using a motor carrier not properly authorized by the commission.
D. All penalties accruing under the Motor Carrier Act shall be cumulative, and a suit for recovery of one penalty shall not be a bar to or affect the recovery of any other penalty or be a bar to any criminal prosecution under the Motor Carrier Act.
History: Laws 2003, ch. 359, § 32.
Effective dates. — Laws 2003, ch. 359, § 45 made Laws 2003, ch. 359, § 32 effective July 1, 2003.
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.