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Home » US Law » 2021 New Mexico Statutes » Chapter 65 - Motor Carriers » Article 7 - Transportation Network Company Services

Section 65-7-1 – Short title.

Sections 1 through 22 [65-7-1 to 65-7-22 NMSA 1978] of this act may be cited as the “Transportation Network Company Services Act”. History: Laws 2016, ch. 80, § 1. ANNOTATIONS Effective dates. — Laws 2016, ch. 80 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 18, […]

Section 65-7-10 – Automobile insurance provisions.

A. Insurers that write automobile insurance in New Mexico may exclude any part or all coverage of and the duty to defend and indemnify an owner or operator of a personal vehicle for any loss or injury that occurs while a driver is logged on to a digital network or while engaged in a prearranged […]

Section 65-7-11 – Zero tolerance for drug or alcohol use.

A. A transportation network company shall implement and enforce a zero-tolerance policy regarding drug and alcohol use by transportation network company drivers. The zero-tolerance policy shall prohibit any use or impairment due to intoxicating drugs or liquor while a transportation network company driver is providing prearranged rides or is logged on to the transportation network […]

Section 65-7-12 – Transportation network company driver requirements.

A. Before allowing a transportation network company driver to accept prearranged ride requests through a transportation network company’s digital network: (1) the prospective driver shall submit an application to the transportation network company that includes the individual’s address, age, driver’s license number and state, driving history, motor vehicle registration and proof of the insurance required; […]

Section 65-7-13 – Vehicle safety.

A. A transportation network company shall not allow a driver to be connected to potential passengers using the digital network or software application service of the transportation network company if the motor vehicle operated by the driver to provide transportation services: (1) is not in compliance with all federal, state and local laws concerning the […]

Section 65-7-14 – No street hails.

A transportation network company driver shall not solicit or accept street hails. History: Laws 2016, ch. 80, § 14. ANNOTATIONS Effective dates. — Laws 2016, ch. 80 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 18, 2016, 90 days after the adjournment of the legislature.

Section 65-7-15 – No cash trips.

A transportation network company shall adopt and enforce a policy prohibiting solicitation or acceptance of cash payments from riders. Any payment for prearranged rides shall be made only electronically by a digital network. History: Laws 2016, ch. 80, § 15. ANNOTATIONS Effective dates. — Laws 2016, ch. 80 contained no effective date provision, but, pursuant […]

Section 65-7-16 – Nondiscrimination; accessibility.

A. A transportation network company shall adopt a written policy of nondiscrimination on the basis of destination, race, color, national origin, religious belief or affiliation, sex, disability, age, sexual orientation or gender identity with respect to transportation network company drivers, riders and potential riders and shall notify transportation network company drivers of the policy. B. […]

Section 65-7-17 – Records.

A. A transportation network company shall maintain: (1) individual prearranged ride records for at least four years from the date each ride was provided; and (2) individual records of transportation network company drivers for at least four years after the driver’s relationship with the transportation network company has ended. B. A transportation network company and […]

Section 65-7-18 – Controlling authority.

A. No municipality or other local entity may impose a tax on or require a license for a transportation network company, a transportation network company driver or a vehicle used by a transportation network company driver where a tax or license relates to providing prearranged rides or subjects a transportation network company to the municipality’s […]

Section 65-7-19 – Transportation division fund created; assessment and collection of fees.

A. The “transportation division fund” is created in the state treasury for the purpose of ensuring the safety and financial responsibility of transportation network companies and transportation network company drivers. The fund shall consist of fees collected pursuant to the Transportation Network Company Services Act, administrative fines collected under that act, appropriations, gifts, grants, donations […]

Section 65-7-2 – Definitions.

As used in the Transportation Network Company Services Act: A. “digital network” means an internet-supported application, software, program, website or system offered or utilized by a transportation network company that enables the prearrangement of transportation by passengers with transportation network company drivers; B. “personal vehicle” means a vehicle that is used by a transportation network […]

Section 65-7-20 – Records pursuant to rules of the public regulation commission.

A. A transportation network company holding a permit issued by the public regulation commission shall maintain the records required pursuant to the Transportation Network Company Services Act to be collected by the transportation network company, including records regarding transportation network company drivers. B. In response to a specific complaint, the public regulation commission, its employees […]

Section 65-7-21 – Administrative penalties.

A. If the public regulation commission finds after investigation that a provision of the Transportation Network Company Services 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 […]

Section 65-7-22 – Involuntary suspension and revocation.

A. The public regulation commission shall immediately suspend, without notice or a hearing, the permit of a transportation network company that: (1) does not continuously maintain the insurance coverage prescribed by the Transportation Network Company Services Act; (2) does not pay the fees owed by the transportation network company and the transportation network company’s drivers; […]

Section 65-7-3 – Not other carriers.

Transportation network companies and transportation network company drivers shall not be subject to the Motor Carrier Act [65-2A-1 to 65-2A-41 NMSA 1978] or deemed to provide any transportation service as defined in the Motor Carrier Act. A transportation network company driver shall not be required to register a personal vehicle as a commercial vehicle or […]

Section 65-7-4 – Transportation network company permit required.

A. A person shall not operate a transportation network company in New Mexico without first having obtained a permit from the public regulation commission. B. A permit issued to a transportation network company by the public regulation commission shall be effective for one year. C. The public regulation commission shall issue a permit to a […]

Section 65-7-5 – Fare collected for services.

On behalf of a transportation network company driver, a transportation network company may charge a fare for the services provided to riders; provided that, if a fare is collected from a rider, the transportation network company shall disclose to the rider the fare calculation method, including the applicable rates and any fees, and shall provide […]

Section 65-7-6 – Identification of transportation network company vehicles and drivers.

A digital network shall display a current photograph of the transportation network company driver, and the license plate number, state of vehicle registration and make and model of the personal vehicle for a prearranged ride. History: Laws 2016, ch. 80, § 6. ANNOTATIONS Effective dates. — Laws 2016, ch. 80 contained no effective date provision, […]

Section 65-7-7 – Electronic receipt.

Within twenty-four hours after the completion of a prearranged ride, a transportation network company shall electronically transmit a receipt to the rider that includes: A. the origin and destination addresses of the prearranged ride; B. the total time elapsed of and distance of the prearranged ride; and C. an itemization of the total fare paid, […]