N.M. Admin. Code § 18.3.2.14

Current through Register Vol. 35, No. 22, November 19, 2024

Section 18.3.2.14 - REQUIRED TERMS AND CONDITIONS OF SERVICE

A.Requirements for all motor carriers:

(1)Service restrictions: The provisions governing the scope, terms and conditions of motor carrier services are provided in the applicable statutes, rules and the specifications of each operating authority. Authorized services must be provided consistent with these governing provisions, including service definitions.

(2)Placement of operating authorities: An operating authority must be maintained by the motor carrier at the principal place of business identified in the application, and a copy of the authority for the specific service type being provided must be carried in each vehicle that a motor carrier operates in New Mexico.

(3)Financial responsibility: The required amounts and types of financial responsibility must be continuously maintained for the authorized services for all periods of operation.

(4)Safety requirements: All vehicles, equipment, drivers and applicable resources must be properly inspected and maintained to ensure that all safety requirements are satisfied at all times. Motor carriers are prohibited from placing a motor vehicle into service that has any defect or deficiency that may be capable of causing an accident or mechanical malfunction.

B.Certificate requirements for all passenger services:

(1)Continuous and adequate service: All certificate holders must ensure that the offering of its transportation services is reasonably and continuously available to the public. For full service carriers, the provision of services must meet the prescribed standards and be reasonably and continuously available to the public within the entire authorized service territory.

(2)Notice for consumer concerns: The following notice must be posted in a space visible to the public passengers in each vehicle, as well as in the motor carrier's principal place of business: "This motor carrier operates pursuant to New Mexico Operating Authority No.____ (insert appropriate number), issued by the New Mexico Department of Transportation. If you have any questions or concerns regarding the services provided, you may contact the company's management at:____(insert phone number). If the management is unable to resolve your concerns, you may contact the New Mexico Department of Transportation at: 505-795-1401."

(3)Passenger comfort: A passenger service carrier shall ensure that every motor vehicle it operates is clean and equipped with a heating, cooling, and air filtration system capable of providing a reasonable level of comfort inside the motor vehicle.

(4)Security of property: No passenger service carrier may transport unsecured property (including baggage) in any quantity or manner that endangers, or interferes with the comfort or safety of, passengers or obscures the driver's view.

C.Taxi service requirements: The following terms and conditions apply to municipal and general taxi services:

(1)Shortest route: Unless expressly requested to do otherwise, a taxicab service shall transport metered-fare passengers over the shortest available route. A predetermined full fare shall be calculated on the basis of the shortest available route.

(2)Posting of rates: Rates for metered services must be posted in the passenger compartment of the vehicle in a manner that is readily accessible and viewable.

(3)Multiple passengers, rate: Rates for multiple passengers shall be based on one charge based on metered rates for the first person and an additional small fixed charge for each additional person. Alternatively, at the passenger's option, a predetermined calculated full fare based on drop flag and mileage component rates as provided by tariff, and may use surge pricing as provided by tariff;

(4)Direction. Exclusive direction shall be granted to the first person engaging the taxicab;

(5)Requests for service: A taxicab may respond only to street hailed requests, pre-arranged service requests (when call for service is received 30 minutes or more before service is required), and requests issued by the dispatch service.

D.Scheduled shuttle service requirements:

(1)Posting of schedules: A scheduled shuttle service shall post in a conspicuous place, readily available for public inspection, at each station or place where passengers are regularly received or discharged, at least one copy of its current schedule of arrivals and departures.

(2)Compliance with time schedules required: A scheduled shuttle service picking up passengers may delay its departure when reserved passengers are delayed as a result of another carrier's late arrival or delayed baggage handling, provided that:

(3)Delay for reserved passengers: If a vehicle has no loaded passengers and has no other pickup points on its route, the scheduled shuttle service may delay its departure for late arriving reserved passengers;

(4)Delay of passengers: If a vehicle has passengers loaded, but has no other pickup points on its route, the vehicle may delay its departure by up to 15 minutes past its scheduled departure time.

(5)Interruption of service reports: Each scheduled shuttle service shall promptly report in writing any interruption in service which is likely to continue for more than 24 hours, stating in detail the cause of the interruption and its expected duration.

E.Non-emergency medical transport service requirements: Prohibited from transport of passengers who require medical monitoring or intervention to maintain their level of response, airway, breathing and circulatory status, with the exception of self-administered oxygen not to exceed six liters per minute via a nasal cannula; the oxygen container must be secured in accordance with other state and federal laws.

F.Warranted charter service requirements:

(1)Prohibited terms. A charter service is prohibited from using the terms bingo bus, commuter service, shared ride, shuttle or terminal shuttle service in its business name, vehicle markings and advertising; and

(2)Prearranged contracts: A single prearranged written contract that is not arranged, accepted, entered into or paid for by the driver, must be entered into with the group prior to providing services.

N.M. Admin. Code § 18.3.2.14

18.3.2.14 NMAC - Rp, 18.3.2.12 NMAC, 1-1-05, Amended by New Mexico Register, Volume XXVI, Issue 03 February 13, 2015, eff. 2/13/2015, Adopted by New Mexico Register, Volume XXXV, Issue 12, June 25, 2024, eff. 7/1/2024