An applicant for a certificated service (including for amendment, lease or transfer or a tariff rate increase) may apply for temporary authority pursuant to Section 65-2A-11 NMSA 1978. The original and temporary applications must be complete, and all fees received, prior to consideration. A grant of temporary authority is discretionary and shall not create a presumption that permanent authority will be granted. Any motor carrier operating pursuant to a temporary authority must comply with all applicable laws.

1. A. Public safety, a governmental program, or a specific public event: An application for temporary authority involving public safety, a governmental program or a specific public event must be submitted with the original application or at least five days prior to the expiration of the notice period. The applicant must also provide:

   1. (1) affidavits from one or more persons having urgent need of the service; and
   2. (2) a statement regarding either the nonexistence of, or inadequate service provision by, motor carriers authorized to provide the needed service in that territory.
2. B. Hearing of a contested application: An applicant subject to a hearing on its original application may submit a motion for a grant of temporary authority or temporary rate increase for a term extending until the department issues its final decision on the original application. The authority may be modified in the temporary authority in consideration of the issues raised in the objections of the parties to the hearing.

[18.3.2.10 NMAC - Rp, 18.3.2.25 NMAC, 7/1/2024]