TITLE 18 TRANSPORTATION
AND HIGHWAYS
CHAPTER 7 TRANSPORTATION
NETWORK COMPANIES
PART 1 GENERAL
PROVISIONS
18.7.1.1 ISSUING AGENCY: New
Mexico Public Regulation Commission.
[18.7.1.1 NMAC - Rp,
18.7.1.1 NMAC, 8/15/2016]
18.7.1.2 SCOPE:
This rule applies to all transportation network companies subject to the
jurisdiction of the commission.
[18.7.1.2 NMAC - Rp,
18.7.1.2 NMAC, 8/15/2016]
18.7.1.3 STATUTORY AUTHORITY: This
part is promulgated pursuant to the provisions of the Transportation Network
Company Services Act; and Section 8-8-4 NMSA 1978.
[18.7.1.3 NMAC - Rp,
18.7.1.3 NMAC, 8/15/2016]
18.7.1.4 DURATION: Permanent.
[18.7.1.4 NMAC - Rp,
18.7.1.4 NMAC, 8/15/2016]
18.7.1.5 EFFECTIVE DATE: August
15, 2016, unless a later date is cited at the end of a section.
[18.7.1.5 NMAC - Rp,
18.7.1.5 NMAC, 8/15/2016]
18.7.1.6 OBJECTIVE: The
purpose of this rule is to set forth rules governing permit application
processes, vehicle inspections, and proof of financial responsibility for
transportation network companies in New Mexico. This rule relates
directly to the safety of vehicles to be used in providing transportation
services under the Transportation Network Company Services Act (TNCSA) and is
adopted on an emergency basis pursuant to Section 8-8-4 NMSA 1978 to preserve
the public peace, health, safety or general
welfare.
[18.7.1.6 NMAC - Rp,
18.7.1.6 NMAC, 8/15/2016]
18.7.1.7 DEFINITIONS: In addition to the definitions contained in
Section 65-7-2 NMSA 1978, as used in this rule:
A. “Act”
means the Transportation Network Company Services Act, Sections 65-7-1 to
65-7-22 NMSA 1978.
B. “Commission”
means the New Mexico Public Regulation Commission.
[18.7.1.7 NMAC - Rp, 18.7.1.7 NMAC, 8/15/2016]
18.7.1.8 TRANSPORTATION NETWORK COMPANY
VEHICLE INSPECTIONS:
A. A
transportation network company shall cause to be inspected, by a mechanic certified
by the national institute for automotive service excellence (ASE) or qualified
pursuant to the requirements of 49 CFR 396.19 of the code of federal
regulations, every motor vehicle used by a driver to provide prearranged rides
before allowing the driver to use the motor vehicle to provide prearranged
rides and not less than once each year thereafter, as set forth in Subsection C
of Section 65-7-13 NMSA 1978.
B. The
inspection required by Subsection A of 18.7.1.8 NMAC must include, without
limitation, an inspection of the foot and emergency brakes, steering,
windshield, rear window, other glass, windshield wipers, headlights,
taillights, turn indicator lights, braking lights, front seat adjustment
mechanisms, doors, horn, speedometer, bumpers, muffler, exhaust, tires, rear
view mirrors and safety belts of the vehicle which ensures the proper functioning
of each component or an inspection complying with the requirements of 49 CFR
396.17 or 49 CFR 396.23, as well a brake inspection performed by an inspector
qualified pursuant to the requirements of 49 CFR 396.25 of the code of federal
regulations.
C. Records
of all inspections performed pursuant to section shall be maintained in
accordance with the requirements of Title 49, Section 396.21 of the code of
federal regulations and the act.
[18.7.1.8 NMAC - Rp,
18.7.1.8 NMAC, 8/15/2016]
18.7.1.9 TRANSPORTATION NETWORK COMPANY
PERMIT APPLICATION PROCESS:
A. A
transportation network company shall apply for a transportation network company
permit from the commission in writing on the form prescribed by the director of
the commission’s transportation division in accordance with 18.3.1.12 NMAC.
B. An
application for a transportation network company permit shall contain the
following information and documents:
(1) the applicant’s
name;
(2) if the applicant
is a sole proprietorship or a partnership, the applicants’ social security
number(s) for purposes of verifying parental responsibility act compliance;
(3) the applicant’s
d/b/a name, if applicable;
(4) the applicant’s
principal place of business and mailing address;
(5) the applicant’s
electronic mail address;
(6) if the applicant
is a corporation;
(a) the
names and addresses of two principal officers;
(b) evidence that
the applicant is authorized by the office of the secretary of state to do business
in New Mexico and is in good corporate standing.
(7) if the applicant
is other than a corporation, a description of the form of ownership and the
names and addresses of all principal owners and managers;
(8) appointment of
an agent for service of process;
(9) a statement and
general description of the type of services to be performed by the applicant;
(10) an annual permit
fee of $10,000 as set forth in Subsection C of Section 65-7-4 NMSA 1978;
(11) a copy of the
insurance policy that meets the requirements set forth in Section 65-7-8 NMSA
1978;
(12) a copy of the
insurance coverage disclosures that meets the requirements set forth in Section
65-7-9 NMSA 1978;
(13) the applicant’s
combined reporting system (CRS) number obtained from the New Mexico taxation
and revenue department;
(14) a certification
that the applicant complies or,
once permitted in the state, will comply with the requirements of the Transportation
Network Company Services Act.
C. Upon
receipt of a completed application and upon a determination by the director
that an applicant meets the requirements for the issuance of a permit, the director
will issue a permit to the applicant within 15 calendar days after receipt of
the application.
D. A
permit issued to a transportation network company by the commission shall be
effective for one year.
[18.7.1.9 NMAC - Rp,
18.7.1.9 NMAC, 8/15/2016]
18.7.1.10 PROOF OF FINANCIAL
RESPONSIBILITY:
A. Each
transportation network company must file proof of financial responsibility with
the commission in the exact legal and d/b/a names as the name in which the
permit is issued demonstrating compliance with Transportation
Network Company Services Act, Section 65-7-8 NMSA 1978.
B. The
commission will accept as proof of the required financial responsibility a
completed form t, uniform bodily injury and property damage liability certificate
of insurance for use by transportation network companies, showing the issuance
of an insurance policy with the required uniform endorsement by a company
authorized to do business in the state of New Mexico or with a surplus lines
insurer eligible pursuant to the New Mexico insurance code, on uniform filing form
t, uniform bodily injury and property damage liability certificate of insurance
for use by transportation network companies, available from the office of the commission.
C. Cancellation
of the insurance policy required under the act may be effected
only by giving 30 days’ notice in writing to the commission, with such 30 days’
notice to commence from the date notice is actually received in the office of
the commission.
[18.7.1.10 NMAC - Rp,
18.7.1.10 NMAC, 8/15/2016]
18.7.1.11 NON-EMERGENCY MEDICAL TRANSPORT
SERVICES: Non-emergency
medical transport services:
A. May
be provided only to riders who do not require medical intervention to maintain their level of
response, airway, breathing and circulatory status, with the exception that
self-administered oxygen is not to exceed six liters per minute via a nasal
cannula; the oxygen container must be secured in accordance with other state
and federal laws; and
B. May not be provided to riders who
are recumbent (for example, on transport gurneys) or require medical monitoring
or medical intervention.
[18.7.1.11 NMAC - N/E, 6/2/2023; A, 11/21/2023]
HISTORY OF 18.7.11 NMAC:
[RESERVED]