Current through Register Vol. 35, No. 6, March 26, 2024
A.
For all original certificates and
permits. An applicant for an original certificate or shall file with the
commission an application containing the following information and documents:
(1) the applicant's name;
(2) if the applicant is a sole proprietor or
a partnership, the applicant's social security number for purposes of verifying
parental responsibility act compliance;
(3) the applicant's d/b/a name, if
applicable;
(4) the applicant's
principal place of business within the state of New Mexico and mailing
address;
(5) the applicant's
vehicle stationing point(s);
(6)
the applicant's electronic mail address, if applicable;
(7) the applicant's CRS obtained from the New
Mexico taxation and revenue department;
(8) if the applicant is a corporation:
(a) evidence that the applicant is authorized
by the office of the secretary of state to do business in New Mexico and that
it is in good corporate standing in New Mexico; and
(b) the names and addresses of any
shareholders who own 10% or more of the voting stock of the
corporation;
(9) if the
applicant is other than a corporation, a description of the form of ownership,
the names and addresses of all principal owners and managers, the percentage of
ownership interest of each, and the date the business entity was
created;
(10) appointment of an
agent for service of process;
(11)
affidavits or other evidence upon which the applicant intends to rely to show
that the applicant is fit and able;
(12) a statement of the type of service the
applicant intends to operate and a description of the territory it proposes to
serve;
(13) the application fee
required by Section
65-2A-36 NMSA
1978;
(14) a proposed tariff
meeting the requirements of 18.3.6 NMAC, Tariffs and Sections
65-2A-20 and
21 NMSA 1978; and
(15) the
notarized oath of the applicant attesting that all statements in the
application are true and correct.
B.
For all original certificates and
permits. An applicant for an original certificate or permit, except for
an applicant for an original permit that already possesses a valid certificate
or permit for the same type of service, shall file with the commission the
following information and documents:
(1) the
applicant's principal place of business;
(2) the applicant's business telephone
number;
(3) a list of all equipment
to be used by the applicant, including all equipment leases filed with and
approved by the commission in accordance with these rules;
(4) for each piece of equipment, an annual
inspection form completed by a qualified inspector within the preceding 12
months that shows that each motor vehicle proposed to be operated by the
applicant meets the safety requirements of the federal motor carrier safety
regulations;
(5) a list of drivers
and drivers license information for each driver including state of issuance,
license number and class of license;
(6) the applicant's written statement
certifying that all drivers meet the driver qualifications of the 18.3.4 NMAC,
Safety Requirements, and that the applicant will maintain driver qualification
files on each driver;
(7) the
applicant's U.S. department of transportation (DOT) safety rating, if it has
one;
(8) proof of public liability
insurance in accordance with 18.3.3 NMAC, Financial Responsibility, and the
insurance filing fee;
(9) a copy of
either a certificate of workers' compensation insurance or a certificate of
exemption from the workers' compensation administration:
(10) the applicant's written statement
certifying that the motor carrier has developed a drug and alcohol testing
program that will meet the requirements of 49 CFR Section 382 and Part 40;
and
(11) a copy of the applicant's
written preventive maintenance program for its motor vehicles as required by
18.3.4.12 NMAC.
C.
For all amendments of certificates and permits. An applicant for
an amendment to a certificate or permit shall file an application containing
the information required in Subsection A of this section.
D.
For all leases of certificates and
permits. An applicant for a lease of a certificate or permit shall file
an application containing the information required in Subsection A of this
section with the exception of Paragraph (13) of Subsection A of 18.3.2.15 NMAC.
The application shall also contain the following additional information:
(1) copies of its current certificate or
permit and all endorsements;
(2) a
complete description of all operating equipment to be leased;
(3) a statement that the proposed lease is
not being made to avoid any previously incurred taxes or legal obligations, or
to circumvent any otherwise applicable requirements of these rules or the Motor
Carrier Act; and
(4) a copy of the
proposed lease, containing provisions:
(a)
stating that the proposed lease may not go into effect until approved by the
commission;
(b) stating which party
to the lease shall be responsible for complying with the qualifying provisions
in 18.3.2.13 NMAC; and
(c)
specifying the term of the lease.
E.
For all voluntary transfers of
certificates and permits. An applicant for transfer of a certificate or
permit shall file an application containing the information required in
Subsection A of this section. The application shall also contain the following
additional information:
(1) copies of its
current certificate and all endorsements or permit;
(2) a joint affidavit on the form prescribed
by the director, executed by the transferor-applicant and the
transferee-applicant certifying that all accrued taxes, rents, wages of
employees and all other indebtedness incident to the transferor-applicant's
operations have been paid in full, or that the transferee-applicant will assume
responsibility for paying them if they have not been paid in full;
(3) a complete description of all operating
equipment to be transferred;
(4) a
showing that the proposed transfer is not being made to avoid any previously
incurred taxes or legal obligations, or to circumvent any otherwise applicable
requirements of these rules or the Motor Carrier Act; and
(5) if all taxes have been paid in full, a
tax clearance certificate from the New Mexico taxation and revenue department
certifying that all state tax indebtedness incident to the
transferor-applicant's operations has been paid in full.
F.
Additional requirements for
permits. An applicant for a permit shall also file with the commission a
copy of each contract under which the applicant intends to operate.
G.
Additional requirements for
ambulance services. An applicant for a certificate or a permit as an
ambulance service shall also:
(1) submit an
operations plan in accordance with 18.3.14.10 NMAC;
(2) identify fixed stationing points for all
ambulances used within a service's territory or patient catchment
area;
(3) submit affidavits or
other evidence upon which the applicant intends to rely to show 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
(4) submit affidavits or other evidence of
the effect that issuance of the certificate would have on existing ambulance
service in the territory sought in the application.
H.
Additional requirements for
scheduled shuttle service. An applicant for a certificate or a permit as
a scheduled shuttle service shall also submit a daily time schedule as required
by Section 65-2A-3(BBB) NMSA 1978.
I.
Additional requirements for
municipal taxicab service. An applicant for a certificate or a permit as
a municipal taxicab service shall also:
(1)
specify the portion of its applied for service territory in which it will
provide municipal taxicab service and the portion of its applied for service
territory in which part it will provide general service; and
(2) submit a description of how calls for
service are centrally dispatched, including the location of the
dispatcher(s).
