1. A. Subject to the Emergency Transportation Act, the department of transportation may approve a permit application of a school district operating its own school buses or of an independent school bus operator who operates school buses under contract with a school district for the operation of such buses for general public transportation if the department of transportation determines that:

   1. (1) the school district operating its own school buses or the independent school bus operator has complied with laws, regulations and other requirements governing transportation of the general public;
   2. (2) existing public or private transportation systems will not be adversely affected by the use of school buses for general public transportation; and
   3. (3) a public transportation emergency exists within the proposed area of operation necessitating the use of school buses for general public transportation.
2. B. Notice of approval or denial of the permit application shall be submitted to the state transportation director and to the applicant within ten days of final determination by the department of transportation.

3. C. As used in the Emergency Transportation Act, "public transportation emergency" includes an event:

   1. (1) that is open to the public;
   2. (2) that, if in a class A county, is expected to attract over fifty thousand visitors and residents;
   3. (3) that has such insurance or surety as is necessary to insure against all losses and damages proximately caused by or resulting from the negligent operation, maintenance or use of school buses or for loss of or damage to property of others; and

   4. (4) for which school buses are needed to transport the public to the event because:

      1. (a) existing public transportation systems cannot adequately and timely transport the public to the event;
      2. (b) private transportation systems are unavailable or prohibitively expensive; or
      3. (c) the event and the surrounding area are likely to suffer economic hardship if school buses are not utilized pursuant to the Emergency Transportation Act.

History: 1953 Comp., § 77-14A-2, enacted by Laws 1974, ch. 38, § 2; 2001, ch. 48, § 2; 2023, ch. 100, § 9.

ANNOTATIONS

Cross references. — For exemption of motor vehicles used pursuant to article from motor carrier regulations, see 65-2A-38 NMSA 1978.

The 2023 amendment, effective July 1, 2024, removed references to the public regulation commission due to the transfer of certain powers and duties to the department of transportation; and substituted each occurrence of "public regulation commission" or "commission" with "department of transportation" throughout the section.

Temporary provisions. — Laws 2023, ch. 100, § 81, provided that the department of transportation may review, amend, repeal and enact rules to carry out the provisions of this act; provided that any rules amended, repealed or enacted pursuant to the authority provided in this section shall not be effective until July 1, 2024.

The 2001 amendment, effective June 15, 2001, substituted "Public regulation commission" for "Corporation commission" in the section heading; substituted "public regulation" for "state corporation" in Subsection A; in Subsection B, deleted "of the state transportation division of the department of education" following "director", inserted "public regulation" preceding "commission"; and added Subsection C.