2011 New Mexico Statutes
Chapter 65: Motor Carriers
Article 2A: Motor Carrier Act, 65-2A-1 through 65-2A-40
Section 65-2A-8: Certificates for intrastate common motor carriers of persons.

65-2A-8. Certificates for intrastate common motor carriers of persons.

A. A common motor carrier of persons shall not provide compensated intrastate transportation in the state without a certificate from the commission.

B. Except as provided in this section, the commission shall issue a certificate allowing a person to provide compensated intrastate transportation as a common motor carrier of persons after notice and public hearing requirements are met, if:

(1) the person is fit, willing and able to provide the transportation service to be authorized by the certificate;

(2) the person is in compliance with the safety and financial responsibility requirements of the Motor Carrier Act [65-2A-1 NMSA 1978], the rules of the commission and other applicable federal and state laws and rules; and

(3) the transportation service to be provided under the certificate is or will serve a useful public purpose that is responsive to a public demand or need.

C. Before granting a certificate to an intrastate common motor carrier of persons, the commission shall consider the effect that issuance of the certificate would have on existing motor carriers; provided that the commission shall not find diversion of revenue or traffic from an existing motor carrier to be, in and of itself, sufficient grounds for denying the certificate.

D. A certificate issued by the commission to an intrastate common motor carrier of persons shall specify the:

(1) service to be rendered;

(2) territory to be served; and

(3) reasonable terms, conditions and limitations as the public convenience and necessity may require; and, if necessary:

(a) terminals between which service is to be provided; or

(b) routes, schedules and intermediate and off-route points on the route for regular route service.