2018 New Mexico Statutes
Chapter 64 - Aeronautics
Article 1 - Aviation Generally
Section 64-1-8 - Air common carrier must be licensed.
It shall be unlawful for any common carrier, in Section 6 [64-1-6 NMSA 1978] of this act mentioned and defined, to transport any person or property for hire between any points within this state or from any point within this state and return thereto, unless licensed so to do by the state corporation commission [public regulation commission], which license shall be issued and shall expire and may be suspended or revoked in accordance with the regulations made by the state corporation commission [public regulation commission] from time to time as in this act [64-1-1 through 64-1-10 NMSA 1978] contemplated. The state corporation commission [public regulation commission] may charge a fee of five dollars ($5.00) for each license and each renewal thereof by it issued under the provisions of this act.
History: Laws 1929, ch. 71, § 8; C.S. 1929, § 12-108; 1941 Comp., § 47-108; 1953 Comp., § 44-1-8.
Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
Laws 1998, ch. 108, § 80 provided that references to the state corporation commission be construed as references to the public regulation commission.
Air traffic rules promulgated by commission apply to all aircraft, including nonprofit activities as well as the common carrier enterprises. 1947-48 Op. Att'y Gen. No. 47-5117.
Exemptions not authorized. — The state corporation commission (now public regulation commission) has no authority to make exemptions from the requirement of a certificate of convenience and necessity. 1969 Op. Att'y Gen. No. 69-140.
Contractor with federal government not exempt from regulation. — A person holding a contract to provide intrastate services for the United States government is not exempt from state regulation. 1969 Op. Att'y Gen. No. 69-140.
Federal government not bound by state tariffs. — Although a carrier providing intrastate services for the federal government may be required to have a certificate of public convenience and necessity, the United States government is entitled to negotiate a special rate with the carrier and is not bound by state tariffs. 1969 Op. Att'y Gen. No. 69-140.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 8A Am. Jur. 2d Aviation § 28, 29.
License: construction of provision of aviation liability policy which requires pilot of insured aircraft to have appropriate license or certification, 72 A.L.R.3d 525.
2A C.J.S. Aeronautics and Aerospace §§ 191 to 222.
