1. A. A change in a certificate shall not be valid or effective without the approval of the department.

2. B. The department may, for good cause and after notice and public hearing requirements are met, authorize the following changes in all or part of a certificate at the request of the holder if the department finds:

   1. (1) that the applicant for amendment, lease or transfer of a certificate for passenger service meets the requirements pursuant to Section 65-2A-8 NMSA 1978 for a certificate for such passenger service;
   2. (2) that the applicant for amendment, lease or a transfer of a certificate for household goods service meets the requirements pursuant to Section 65-2A-9 NMSA 1978 for a certificate for such household goods service; and

   3. (3) in addition, that:

      1. (a) for transfer or lease of all or part of a certificate, the transferor-applicant has rendered reasonably continuous and adequate service in the territory to be transferred or leased prior to the application for lease or transfer; and
      2. (b) for transfer of all or a part of a certificate, accrued taxes, rents, wages of employees and other indebtedness pertaining to all or part of a certificate proposed to be transferred have been paid by the transferor-applicant or assumed by the transferee-applicant.

3. C. The department may, without notice or a public hearing, authorize the following changes in all or part of a certificate at the request of the holder:

   1. (1) voluntary cancellation of the certificate;
   2. (2) voluntary suspension of the certificate for a period not to exceed twelve consecutive months;
   3. (3) change in the form of legal entity or name of the holder of the certificate;
   4. (4) reinstatement of the certificate following voluntary suspension of a period not exceeding twelve consecutive months;
   5. (5) change in control of a holder of the certificate through issuance or transfer of stock or other legal interest in a holder that is a corporation, partnership, trust or other legal business entity; and
   6. (6) matters pertaining to transfers by operation of law.

History: Laws 2003, ch. 359, § 14; 2013, ch. 73, § 13; 2013, ch. 77, § 13; 2023, ch. 100, § 41.

ANNOTATIONS

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, changed each occurrence of "commission" with "department" throughout the section; after each occurrence of "certificate", deleted "or permit" throughout the section; and in the section heading, deleted "or permits"; and in Subsection B, deleted former Paragraph B(3) and redesignated former Paragraph B(4) as Paragraph B(3).

The 2013 amendment, effective July 1, 2013, clarified and simplified procedures for making changes in certificates and permits; in Subsection A, after "permit", deleted "or tariff"; in Subsection B, in the introductory sentence, after "request of the", deleted "person owning the certificate or permit" and added "holder", deleted former Paragraph (1), which required the commission to find that the rates were reasonable, non-predatory and nondiscriminatory; in Paragraph (1), after "applicant", added "for amendment, lease or transfer of a certificate for passenger service", after "Section", deleted "8 of the Motor Carrier Act" and added "65-2A-8 NMSA 1978", after "65-2A-8 NMSA 1978 for", deleted "an amendment of", after "for a certificate", deleted "as a common motor carrier of persons" and added "for such passenger service", deleted former Paragraph (3), which required the applicant to meet the requirement of Section 10 of the Motor Carrier Act; in Paragraph (2), after "the applicant", added "for amendment, lease or a transfer of a certificate for household goods service", after "Section", deleted "9 of the Motor Carrier Act" and added "65-2A-9 NMSA 1978" and after "65-2A-9 NMSA 1978 for", deleted "an amendment of", after "a certificate", deleted "as a common motor carrier of" and added "for such", and after "household goods", added "service", in Paragraph (3), after "applicant", added "for amendment, lease or a transfer of a permit", after "Section", deleted "10 of the Motor Carrier Act" and added "65-2A-10 NMSA 1978" after "65-2A-10 NMSA 1978 for" deleted "an amendment of" and added "such", and after "such a permit", deleted "as a contract motor carrier of household goods", deleted former subparagraph (a) of former Paragraph (6), which required that the transferee be fit, willing and able to provide the service and to comply with the act, in Paragraph (4), added the introductory sentence, in Subparagraph (a) of Paragraph (4), at the beginning of the sentence, added "for transfer or lease of all or part of a certificate or permit" and after "adequate service" added "in the territory to be transferred or leased", in Subparagraph (b) of Paragraph (4), at the beginning of the sentence, added "for transfer of all or a part of a certificate or permit", deleted former Subparagraphs (d) and (e) of Paragraph (4), which required that the transfer not destroy competition, create a monopoly, or be inconsistent with the public interest, and deleted former Paragraph (7), which provided criteria for evaluating changes in leases; and in Subsection C, in the introductory sentence, after "request of the", deleted "person owning the certificate or permit" and added "holder", in Paragraph (1), at the beginning of the sentence, added "voluntary", in Paragraph (2), after "permit", added "for a period not to exceed twelve consecutive months", in Paragraph (3), after "form of", deleted "ownership" and added "legal entity or name" and after "name of the", added "holder of the", in Paragraph (4), after "suspension", added "of a period not exceeding twelve consecutive months", and added Paragraphs (5) and (6).