Section 65-2A-38 – Exemptions.
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 carriers of persons or household goods; C. hearses, funeral coaches or […]
Section 65-2A-39 – Effect on municipal powers.
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 regulations, to repeal a power of a municipality: (1) […]
Section 65-2A-40 – Repealed.
History: Laws 2003, ch. 359, § 40; repealed by Laws 2013, ch. 73, § 34 and Laws 2013, ch. 77, § 34. ANNOTATIONS Repeals. — Laws 2013, ch. 73, § 34 and Laws 2013, ch. 77, § 34 repealed 65-2A-40 NMSA 1978, as enacted by Laws 2003, ch. 359, § 40, relating to transition, effective […]
Section 65-2A-41 – Transition.
A. Except as provided in this section, certificates, permits and warrants issued to a motor carrier by the commission prior to July 1, 2013 shall remain in effect, subject to the provisions of the Motor Carrier Act, the Ambulance Standards Act [65-6-1 to 65-6-6 NMSA 1978] and the commission’s rules. B. Certificates for limousine service […]
Section 65-2A-32 – Administrative penalties.
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 […]
Section 65-2A-33 – Criminal and civil penalties; unfair trade practices.
A. A person who knowingly makes a false statement of material fact under oath or penalty of perjury in a commission 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 commission or a member or employee of the […]
Section 65-2A-34 – Actions to enforce commission orders.
If a person fails to comply with an order of the commission 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 commission shall seek enforcement of the order in the district court for Santa Fe county. The enforcement […]
Section 65-2A-35 – Appeal to supreme court.
A. A motor carrier or other interested person aggrieved by a final order or determination of the commission issued pursuant to the Motor Carrier Act may appeal to the supreme court within thirty days. The appellant shall pay to the commission the costs of preparing and transmitting the record to the court. B. The pendency […]
Section 65-2A-36 – Fees.
A. The commission shall charge and collect the following 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, two hundred fifty dollars ($250); (2) for filing an application for a permit or an application […]
Section 65-2A-37 – Electronic filing and certification of documents; electronic payment of fees.
A. The commission 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 documents when filing or certification is required or permitted pursuant to the Motor Carrier Act. The rules shall provide for the appropriate treatment […]