TITLE 18 TRANSPORTATION AND HIGHWAYS

CHAPTER 3 MOTOR CARRIER GENERAL PROVISIONS

PART 9 LEASING OF EQUIPMENT

18.3.9.1 ISSUING AGENCY: New Mexico Public Regulation Commission.

[18.3.9.1 NMAC - Rp, 18.3.9.1 NMAC, 2-13-15]

18.3.9.2 SCOPE: This rule applies to all household goods service carriers and all passenger services, (except charter services and commuter services) leasing equipment.

[18.3.9.2 NMAC - Rp, 18.3.9.2 NMAC, 2-13-15]

18.3.9.3 STATUTORY AUTHORITY: Sections 8-8-4 and 65-2A-4 NMSA 1978.

[18.3.9.3 NMAC - Rp, 18.3.9.3 NMAC, 2-13-15]

18.3.9.4 DURATION: Permanent.

18.3.9.4 NMAC - Rp, 18.3.9.4 NMAC, 2-13-15]

18.3.9.5 EFFECTIVE DATE: February 13, 2015, unless a later date is cited at the end of a section.

[18.3.9.5 NMAC - Rp, 18.3.9.5 NMAC, 2-13-15]

18.3.9.6 OBJECTIVE: The purpose of this rule is to implement Section 65-2A-24 NMSA 1978.

[18.3.9.6 NMAC - Rp, 18.3.9.6 NMAC, 2-13-15]

18.3.9.7 DEFINITIONS: See 18.3.1.7 NMAC.

[18.3.9.7 NMAC - Rp, 18.3.9.7 NMAC, 2-13-15]

18.3.9.8 NOTICE OF LEASE: Prior to or within three days of first placing a leased vehicle into use a household goods service carrier or a passenger service carrier (except a charter service or a commuter service) must file a notice of an equipment lease with the commission by mail or hand delivery. The application shall include:

A. the date that the vehicle is or was placed in service and the final date that it was used, if known; full identification of the vehicle make, model, model year and VIN number; the state of registration; and the registration license plate number;

B. verification that each vehicle leased or to be leased complies with all applicable laws and these rules, including meeting the financial responsibility requirements prescribed in 18.3.3 NMAC, financial responsibility, and the safety requirements prescribed in 18.3.4 NMAC, safety requirements; and

C. the fee required by Section 65-2A-36 NMSA 1978.

[18.3.9.8 NMAC - Rp, 18.3.9.8 NMAC, 2/13/2015; A, 11/30/2016]

18.3.9.9 [RESERVED]

[18.3.9.9 NMAC - Rp, 18.3.9.9 NMAC, 2/13/15; Repealed, 11/30/2016]

18.3.9.10 RESPONSIBILITY FOR COMPLIANCE WITH APPLICABLE LAW:

A. The leased vehicle must comply with all applicable laws and these rules before being placed into service, including meeting the financial responsibility requirements prescribed in 18.3.3 NMAC, financial responsibility, and the safety requirements prescribed in 18.3.4 NMAC, safety requirements.

B. The authorized motor carrier leasing the vehicle shall be and remain responsible at all times for insuring that the leased vehicle complies with all applicable laws and these rules, including meeting the financial responsibility requirements prescribed in 18.3.3 NMAC, financial responsibility, and the safety requirements prescribed in 18.3.4 NMAC, safety requirements.

C. The motor carrier leasing the vehicle shall maintain a copy of the written lease and a record of use of the leased vehicle in its equipment records, including the dates that the vehicle is or was in service; full identification of the vehicle make, model, model year and VIN number; the state of registration; and the registration license plate number.

[18.3.9.10 NMAC - Rp, 18.3.9.10 NMAC, 2/13/2015; A, 11/30/2016]

HISTORY OF 18.3.9 NMAC:

Pre-NMAC history. The material in this rule was previously filed with the State Records Center as:

SCC 68-16, N.M. Motor Carrier Act, Rules and Regulations, effective Sept. 1, 1967, filed on 3/14/1968;

SCC 71-6, N.M. Motor Carrier Act, Rules and Regulations, effective July 1, 1971, filed on 9/21/1971;

SCC 73-1, N.M. Motor Carrier Act, Rules and Regulations, filed on 6/14/1973;

SCC 74-1, N.M. Motor Carrier Act, Rules and Regulations, effective July 1, 1973, filed on 2/5/1974;

SCC 75-1, N.M. Motor Carrier Act, Rules and Regulations, effective Jan. 1, 1975, filed on 4/17/1975;

SCC 75-3, N.M. Motor Carrier Act, Rules and Regulations (Rev.), effective Jan. 1, 1975, filed on 9/19/1975;

SCC 76-1, N.M. Motor Carrier Act, Rules and Regulations, effective April 1, 1976, filed on 4/15/1976;

SCC 77-1, N.M. Motor Carrier Act, Rules and Regulations, effective Jan. 1, 1977, filed on 1/25/1977;

SCCMC Rule No. 24, Lease and Interchange, filed on 3/5/1982;

SCC Rule 223, Leasing and Interchange of Equipment, filed on 1/5/1993.

HISTORY OF REPEALED MATERIAL:

SCC Rule 223, Leasing and Interchange of Equipment, filed on 1/5/1993.

18.3.9 NMAC, Motor Carrier General Provisions - Leasing of Equipment filed 12/10/2002, repealed 2/13/2015

Other History:

18.3.9 NMAC, Leasing of Equipment filed 12/10/2002 was replaced by 18.3.9 NMAC, Leasing of Equipment effective 2/13/2015.