N.M. Admin. Code § 18.3.2.9

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

Section 18.3.2.9 - APPLICATIONS FOR OPERATING AUTHORITIES

These requirements apply to both warrant and certificate applications (including for certificate amendment, lease or transfer). Certain service types or certificate amendments may require additional information and documents, as described in these rules. The following are general application requirements for all operating authorities.

A.Applicant information:

(1) the applicant's name, phone number and e-mail address for department communications;

(2) if the applicant is a sole proprietor, the applicant's social security number for purposes of verifying parental responsibility act compliance;

(3) name, mailing and e-mail address for a designated agent to receive service of process;

(4) the applicant's authority over, and legal relationship to, the business.

B.Business information:

(1) all applicable business names to include trade or "doing business as" names;

(2) business telephone number;

(3) a mailing and physical address for the principal place of business in New Mexico, where all required records are maintained for review;

(4) physical addresses of every facility, office or storage yard used in its motor carrier operations;

(5) a combined reporting system (CRS) number obtained from the New Mexico taxation and revenue department;

(6) a U.S. department of transportation safety rating, if one exists;

(7) a certificate of workers' compensation insurance or a certificate of exemption from the workers' compensation administration;

(8) the required forms and amounts of financial responsibility, to include proof of garage keepers and on the hook liability insurance for towing services;

(9) a proposed tariff (rates, applicable schedules, dispatch process and other terms of service) for ambulance, non-consensual towing, specialized passenger (non-emergency medical, limousine, tour or sightseeing), shuttle (general or scheduled), taxi (general or municipal) or household goods services;

(10) the desired authorization in terms of type of service and the service territory expressed as either statewide or within or between specified counties;

(11) a description of the form of ownership, the date the business entity was created, names and addresses of all principal owners and managers, the percentage of ownership interest of each and, for a corporation:

(a) authorization by the office of the secretary of state to do business in New Mexico and evidence of good corporate standing; and

(b) the names and addresses of any shareholders who own ten percent or more of the voting stock of the corporation.

C.Vehicles and equipment:

(1) a list of all equipment and vehicles to be used in the operations;

(2) an annual inspection form for each, completed by a qualified inspector in the preceding 12 months, to satisfy the applicable state and federal motor carrier safety regulations;

(3) a written preventive maintenance program for all motor vehicles as required; and

(4) the designated stationing point(s) for all vehicles and equipment.

D.Driver information:

(1) a list of all drivers;

(2) license information for each driver to include: the state of issuance, license number, and class of license;

(3) legible copies of each driver's:

(a) license;

(b) motor vehicle record from the state licensing agency under which the driver is licensed; and

(c) medical examiner's certificate, if required by 49 CFR 391.43(g);

E.Application fee: Application fees are provided by rule. Fees must be received prior to notice and consideration of the application. If an application is not complete 60 days after initial submission, then the application fee is forfeited to the state.

F.Statements of applicant:

(1) a statement disclosing all operating authorities owned or operated, in full or in part, by the applicant and certifying that the operating authority sought in the application does not duplicate the service and territory of any existing operating authority of the holder;

(2) a statement certifying that all drivers meet the driver qualifications, that a drug and alcohol testing program is in place to meet the requirements of 49 CFR Parts 40 and 382, and that driver qualification files will be maintained for each driver;

(3) a notified oath that all statements in the application are true and correct.

(4) for taxi service (general or municipal) applicants only, a description of how calls for service are centrally dispatched, including the location of the dispatcher(s).

(5) for ambulance service applicants only, affidavits or other evidence to show:

(a) that the proposed service is or will serve a useful public purpose that is responsive to a public demand or need and that the ambulance service that currently exists in the territory sought in the application is inadequate; and

(b) the effect that issuance of the certificate would have on existing ambulance service in the territory sought in the application.

(6) for scheduled shuttle service applicants only, a daily time schedule for services.

N.M. Admin. Code § 18.3.2.9

18.3.2.9 NMAC - N, 1-1-05, Amended by New Mexico Register, Volume XXVI, Issue 03 February 13, 2015, eff. 2/13/2015, Amended by New Mexico Register, Volume XXVII, Issue 22, November 30, 2016, eff. 11/30/2016, Amended by New Mexico Register, Volume XXIX, Issue 02, January 30, 2018, eff. 1/30/2018, Adopted by New Mexico Register, Volume XXXV, Issue 12, June 25, 2024, eff. 7/1/2024