New Mexico Register / Volume XXIX, Issue 2 / January 30, 2018
This is an amendment to 18.3.7 NMAC,
Sections 2 and 9 effective 01/30/2018.
18.3.7.2 SCOPE:
A. 18.3.7.8 NMAC through 18.3.7.13 NMAC apply to all motor carriers subject to the jurisdiction of the commission other than in the operation of small passenger vehicles, except that ambulance services are exempt from 18.3.7.8, 18.3.7.9, and 18.3.7.13 NMAC.
B. 18.3.7.14 NMAC through 18.3.7.16 NMAC apply only to motor carriers operating pursuant to a certificate or a permit other than in the operation of small passenger vehicles.
[ C. Commuter
services are subject to 18.3.7.11 NMAC only.
D] C. The maintenance, inspection and production of documents for carriers
providing passenger transportation services through the use
of small passenger vehicles is governed by the following provisions:
(1) A
transportation service shall maintain:
(a) individual ride records for at least four years from the date each ride was provided; and
(b) individual records of transportation
service drivers for at least four years after the driver's relationship with
the transportation service has ended.
(2) In response to a specific complaint, the public regulation commission, its employees or its duly authorized agents may inspect those records held by a transportation service for the investigation and resolution of the complaint.
(3) No more than semiannually and as determined by the public regulation commission, the commission, its employees or its duly authorized agents may, in a mutually agreed setting, inspect those records held by a transportation service whose review is necessary to ensure public safety; provided that such review shall be on an audit rather than a comprehensive basis.
[18.3.7.2 NMAC - Rp, 18.3.7.2 NMAC, 2/13/15; A, 11/30/2016; A, 01/30/2018]
18.3.7.9 CONTENTS OF ANNUAL REPORT: The annual report shall include:
A. the motor carrier's operating authority number;
B. the motor carrier's name;
C. the motor carrier's d/b/a name;
D. the motor carrier's principal place of business;
E. the motor carrier's business telephone number;
F. the applicant’s electronic mail address;
G. [the
motor carrier's Combined Reporting System (CRS) tax identification
number;
H. for all motor
carriers, a list of equipment used in the motor carrier's operations if the
motor carrier is using twenty-five (25) vehicles or less, including the
stationing point for each vehicle, or the motor carrier's written statement
certifying the number of vehicles in use if the motor carrier is using more
than twenty-five (25) vehicles and a list of all stationing points;
I. for motor
carriers operating pursuant to a certificate or permit, the names and addresses
of any shareholders who own ten percent or more of the voting stock of the
motor carrier if it is a corporation, or if the motor carrier is other than a
corporation, a description of the form of ownership, the names and addresses of
all principal owners, and the percentage ownership of each;
J. for motor carriers operating pursuant to a permit, any
changes in the contract for which the permit was issued;
K. the
motor carrier's written statement certifying that each piece of equipment it
uses has passed an annual inspection within the preceding twelve (12) months;
L. the
motor carrier’s written statement certifying that it maintains a file
containing a current MVD printout of the driving record and all other
information required by these rules for each of its drivers;
M. the
motor carrier's written statement certifying that it has received a current
certificate of workers' compensation insurance or evidence that the motor
carrier is not required to maintain workers’ compensation insurance;
N. for all towing
services and household goods services, a copy of the insurance policy or
policies showing compliance with 18.3.3.11 NMAC;
O. an
updated appointment of an agent for service of process, if applicable; and
P. the
signature prescribed by subsection B of 18.3.7.8 NMAC.] an affirmation by checking a
box on the annual report that;
(1) the motor carrier certifies that each piece of equipment it
uses has passed an annual inspection within the preceding 12 months;
(2) the motor carrier
certifies that it maintains a file containing a current MVD printout of the
driving record and all other information required by these rules for each of
its drivers;
(3) the motor carrier certifies that it has received a current
certificate of workers' compensation insurance or evidence that the motor
carrier is not required to maintain workers’ compensation insurance;
H. an updated
appointment of an agent for service of process, if applicable; and
I. the
signature prescribed by Subsection B of 18.3.7.8 NMAC.
[18.3.7.9 NMAC - Rp, 18.3.7.9 NMAC, 2/13/2015; A, 01/30/2018]