1. A. The department shall immediately suspend, without notice or a public hearing, the operating authority of a motor carrier for failure to continuously maintain the forms and amounts of financial responsibility prescribed by department rule.
2. B. The department may immediately suspend, without notice or a public hearing, the operating authority of a motor carrier for violation of a safety requirement of the Motor Carrier Act, the department's rules or the rules of the New Mexico state police division of the department of public safety, if the violation endangers the public health or safety.

3. C. The department may, upon complaint or the department's own initiative and after notice and a public hearing, if required, order involuntary suspension, revocation or amendment, in whole or in part, of an operating authority for failure to:

   1. (1) comply with a provision of the Motor Carrier Act;
   2. (2) comply with a lawful order or rule of the department;
   3. (3) comply with a term of service of an operating authority or tariff; or
   4. (4) render reasonably continuous and adequate service under a certificate.

4. D. The department may approve an application for reinstatement of an operating authority following involuntary suspension if it finds, after notice and public hearing requirements are met, that:

   1. (1) the reasons for the involuntary suspension no longer pertain; and
   2. (2) the holder of the operating authority is fit, and a certificate holder is able, to provide the authorized transportation services, and the holder will comply with the Motor Carrier Act and the rules of the department.

History: Laws 2003, ch. 359, § 27; 2013, ch. 73, § 25; 2013, ch. 77, § 25; 2023, ch. 100, § 53.

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; and in Subsection B, after "rules of the", deleted "motor transportation" and added "New Mexico state police".

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, eliminated permits from the scope of the section; in Subsection C, in Paragraph (3), after "term", deleted "condition or limitation" and added "of service" and after "authority" added "or tariff" and in Paragraph (4), after "certificate" deleted "or permit"; and in Subsection D, in Paragraph (2), at the beginning of the sentence, after "the", deleted "owner" and added "holder", after "fit", deleted "willing", after "fit, and", added "a certificate holder is", and after "services, and", deleted "to" and added "the holder will".