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.
[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).
[18.7.1.6
NMAC - Rp, 18.7.1.6 NMAC, 8-31-2016]
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 - N/E, 05-18-16]
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]
HISTORY OF 18.7.1 NMAC: [RESERVED]