TITLE 18 TRANSPORTATION
AND HIGHWAYS
CHAPTER 3 MOTOR
CARRIER GENERAL PROVISIONS
PART 15 FUEL
SURCHARGE FOR WRECKER SERVICES PERFORMING NON-CONSENSUAL
TOWS
18.3.15.1 ISSUING
AGENCY: New Mexico Public Regulation Commission.
[18.3.15.1
NMAC - Rp. 18.3.15.1, 03/14/2017]
18.3.15.2 SCOPE:
This rule applies to all wrecker services performing non-consensual
tows.
[18.3.15.2
NMAC - Rp. 18.3.15.2, 03/14/2017]
18.3.15.3 STATUTORY
AUTHORITY: Sections 8-8-4, 65-2A-4 and 65-2A-21 NMSA 1978.
[18.3.15.3
NMAC - Rp. 18.3.15.3, 03/14/2017]
18.3.15.4 DURATION:
Permanent.
[18.3.15.4
NMAC - Rp. 18.3.15.4, 03/14/2017]
18.3.15.5 EFFECTIVE DATE: May 15, 2008, unless a later date is cited at the end of a section.
[18.3.15.5
NMAC - Rp. 18.3.15.5, 03/14/2017]
18.3.15.6 OBJECTIVE:
The purpose of this rule is to establish a procedure providing fair and
reasonable voluntary fuel surcharges to wrecker services performing
non-consensual tows.
[18.3.15.6
NMAC - Rp. 18.3.15.6, 03/14/2017]
18.3.15.7 DEFINITIONS:
In addition to the definitions in Sections 24-10B, 65-2A-3, 65-6-2 NMSA
1978, and 18.3.1.7 NMAC, as used in this rule:
A. EIA reference price refers to the
weekly gasoline or diesel fuel price for the Rocky Mountain region, as
published at the United States department of energy's official energy
information administration website at
http://tonto.eia.doe.gov/oog/infogdu/gasdiesel.asp, or such other address on
which that same information may be displayed by the energy information
administration in the future;
B. fuel surcharge program means the
procedures and requirements set forth in this rule, by which wrecker services
performing non-consensual tows may implement limited increases in their rates,
reflecting the changing price of fuel, without a formal proceeding before the
commission;
[18.3.15.7
NMAC - Rp. 18.3.15.7, 3/14/2017]
18.3.15.8 TOWING
SERVICES PERFORMING NON-CONSENSUAL TOWS: Motor
carriers performing non-consensual towing services that choose to charge a fuel
surcharge under the fuel surcharge program shall comply with the following table
and formula:
|
If
Rocky Mountain EIA gas/diesel price is between: |
Then,
the Fuel Surcharge on total mileage charge is: |
|
$2.26 -
$2.50 |
3.75
percent |
|
$2.51 -
$2.75 |
4.25
percent |
|
$2.76 -
$3.00 |
4.75
percent |
|
$3.01 -
$3.25 |
5.25
percent |
|
$3.26 -
$3.50 |
5.75
percent |
|
$3.51 -
$3.75 |
6.25
percent |
|
$3.76 -
$4.00 |
6.75
percent |
|
$4.01 -
$4.25 |
7.25
percent |
|
$4.26 -
$4.50 |
7.75
percent |
|
$4.51 -
$4.75 |
8.25
percent |
|
$4.76 -
$5.00 |
8.75
percent |
|
$5.01 -
$5.25 |
9.25
percent |
|
$5.26 -
$5.50 |
9.75
percent |
|
$5.51 -
$5.75 |
10.25
percent |
|
$5.76 -
$6.00 |
10.75
percent |
|
$6.01 -
$6.25 |
11.25
percent |
|
$6.26 -
$6.50 |
11.75
percent |
|
$6.51 -
$6.75 |
12.25
percent |
|
$6.76 -
$7.00 |
12.75
percent |
|
$7.01 -
$7.25 |
13.25
percent |
|
$7.26 -
$7.50 |
13.75
percent |
A. the fuel
surcharge formula is the percentage referenced in the above table based on the
current EIA reference price multiplied by the total mileage charge, including
all allowed loaded, deadhead, and excess deadhead miles;
B. the fuel
adjustment shall be stated as a separate charge on the charge ticket or
invoice, and shall include the surcharge percentage at the current EIA
reference and total miles charged for fuel.
[18.3.15.8
NMAC - Rp. 18.3.15.8, 3/14/2017]
HISTORY of 18.3.15 NMAC: [RESERVED]