1. A. Except as provided in this section and in Section 65-2A-13 NMSA 1978, the department shall issue a certificate allowing a person to provide household goods service after notice and public hearing requirements are met, if the applicant:

   1. (1) is fit and able to provide the transportation to be authorized by the certificate;
   2. (2) has a place of business and stations equipment within the state and is in compliance with the safety and financial responsibility requirements of the Motor Carrier Act, the rules of the department and other applicable federal and state laws and rules; and
   3. (3) has filed a tariff as provided in Section 65-2A-20 NMSA 1978.
2. B. Before granting a certificate for household goods service to an applicant, the department shall consider any objections that were filed within the notice period.

3. C. A certificate issued by the department for provision of household goods service shall contain one or more endorsements, each of which shall specify:

   1. (1) the territory to be served, which shall be limited to territory sought in the application that will be served in a reasonably continuous and adequate manner beginning within thirty days of the issuance of the certificate or such other definite period or date as the department may provide for a particular application, and shall generally be specified on the basis of county boundaries, subject to other or further specification by the department by rule or in regard to a particular application; and
   2. (2) any reasonable terms of service that the department may allow or require for the particular certificate.

History: Laws 2003, ch. 359, § 9; 2013, ch. 73, § 8; 2013, ch. 77, § 8; 2023, ch. 100, § 37.

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; and changed each occurrence of "commission" to "department" throughout the section.

The 2013 amendment, effective July 1, 2013, clarified and simplified procedures for issuance of certificates for household goods service; in the title, deleted "intrastate common motor carrier of" and after "goods", added "service"; deleted former Subsection A, which required a carrier of household goods to obtain a certificate; in Subsection A, in the introductory sentence, after "in this section", added "and in Section 65-2A-13 NMSA 1978", after "provide", deleted "compensated intrastate transportation as a common motor carrier of", after "household goods", added "service", and after "requirements are met, if", added "the applicant", in Paragraph (1), after "fit", deleted "willing", in Paragraph (2), at the beginning of the sentence, added "has a place of business and stations equipment within the state and", and deleted former Paragraph (3), which required the applicant’s transportation service to provide a useful public purpose and provided criteria for determining a useful public purpose and added "has filed a tariff as provided in Section 65-2A-20 NMSA 1978"; in Subsection B, after "certificate", added "for household goods service", after "household goods service to an", deleted "intrastate common motor carrier of household goods" and added "applicant", and after "commission shall consider" deleted "the effect that issuance of the certificate would have on existing carriers; provided that the commission shall not find diversion of revenue or traffic from an existing carrier to be, in and of itself, sufficient grounds for denying the certificate" and added "any objections that were filed within the notice period"; and in Subsection C, in the introductory sentence, after "commission", deleted "to an intrastate common motor carrier" and added "for provision", and after "household goods", added "service shall contain one or more endorsements, each of which", in Paragraph (1), after "served", added the remainder of the sentence, and added Paragraph (2).