1. A. A person may simultaneously hold certificates for different kinds of certificated services and warrants for different kinds of warranted service within the same territory.
2. B. Any motor carrier that holds more than one certificate for the same kind and nature of certificated service in the same territory shall file an application with the department to consolidate the operating authorities.
3. C. The department shall not grant any new operating authority to a motor carrier that duplicates the operating authority of the same kind and for the same territory already held by that motor carrier.
4. D. Certificated service carriers holding both a certificate and warrant for related services may use the same vehicles and may transport passengers and property, or mixed loads of household goods and property, pursuant to those authorities in the same vehicles and on the same trip.
5. E. Every certificated or warranted service carrier shall file with the traffic safety bureau of the department all business trade names under which the carrier operates its service or services authorized and shall provide the traffic safety bureau of the department with proof of financial responsibility for all business trade names in addition to its legal name. The department shall accept business trade names as submitted by a carrier. Filing with the traffic safety bureau of the department shall not, by itself, establish or otherwise affect the ownership or right to use a business trade name under the intellectual property laws of the state of New Mexico.

History: Laws 2003, ch. 359, § 15; 2013, ch. 73, § 14; 2013, ch. 77, § 14; 2023, ch. 100, § 42.

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" to "department" throughout the section; in Subsection A, after "certified services", deleted "permits for different contracts"; in Subsection B, after "territory", deleted "or more than one permit for the same contract"; and in Subsection E, changed "transportation division" to "traffic safety bureau", throughout the subsection.

Temporary provisions. — Laws 2023, ch. 100, § 80, effective July 1, 2024, provided:

A. On July 1, 2024, all staff positions, functions, personnel, appropriations, money, records, equipment, supplies, other property and contractual obligations of the public regulation commission related to motor carrier regulation and enforcement, railroad safety enforcement and ambulance standards are transferred to the department of transportation.

B. Beginning July 1, 2024, all references in law, rules, orders and other official acts to the public regulation commission or the transportation division of the public regulation commission related to motor carrier regulation and enforcement, railroad safety enforcement and ambulance standards shall be deemed references to the department of transportation.

C. Beginning July 1, 2024, all contractual obligations of the public regulation commission related to motor carrier regulation and enforcement, railroad safety enforcement and ambulance standards are binding on the department of transportation.

D. The rules, orders and decisions of the public regulation commission related to motor carrier regulation and enforcement, railroad safety enforcement and ambulance standards shall remain in effect until repealed or amended.

The 2013 amendment, effective July 1, 2013, clarified and simplified procedures for making changes in certificates and permits; clarified and simplified provisions relating to multiple operating authorities and business trade names; in the title, after "authorities", added "and business trade names" and after "allowed", deleted "common control and sham competition prohibited"; deleted former Subsection A, which permitted a person to hold a certificate, permit and warrant if the commission found that the multiple authorities were in the public interest; deleted former Subsection B, which prohibited a person from controlling more than one certificate or permit for the same territory; added Subsections A and B; in Subsection C, deleted the paragraph number for former Paragraph (1), deleted former Paragraph (2), which prohibited the commission from granting new operating authority to a carrier that is under common control with another carrier that duplicates operating authority of the same kind or in common territory; deleted former Subsection D, which provided for the modification of operating authority to exclude authority of the same kind or territory when carriers come to be held in common control; deleted former Subsection E, which permitted carriers of household goods that held both a certificate and a permit to transport mixed loads of common and contract carrier household goods; and added Subsections D and E.