New Mexico Administrative Code
Title 18 - TRANSPORTATION AND HIGHWAYS
Chapter 3 - MOTOR CARRIER GENERAL PROVISIONS
Part 2 - OPERATING AUTHORITIES
Section 18.3.2.26 - SUSPENSION OR REVOCATION OF OPERATING AUTHORITIES

A. For lapse in financial responsibility. Upon receipt of a form K, the director shall issue a letter notifying a motor carrier that its operating authority has been indefinitely suspended as of the date of the letter, without further notice or a public hearing, until the commission receives a valid form E and, if applicable, a valid form H. The letter shall also state that suspension of the operating authority will not take effect if the commission receives a valid form E and, if applicable, a valid form H, before the motor carrier's financial responsibility coverage expires.

B. For safety violation. Upon receipt of sufficient information that a motor carrier's operations endanger the public health or safety, the director shall present to the commission at its next meeting or at an emergency meeting the safety requirement of the Motor Carrier Act or the rules of the commission or motor transportation division (MTD) alleged to have been violated and all facts known to the director concerning the matter. If the commission is satisfied that the facts show that a motor carrier's operations endanger the public health and safety and merit immediate temporary suspension, the commission shall personally serve or mail by certified mail, return receipt requested, an order notifying a motor carrier that its operating authority is temporarily suspended. The order shall set the matter for an expedited hearing. The commission may authorize issuance of the order over the signature of a single commissioner. The motor carrier shall suspend operations immediately upon receipt of the commission's order. If the commission determines after the hearing that the motor carrier's operations prior to the suspension were not endangering the public health or safety, the commission shall vacate the suspension order and the motor carrier shall be allowed to resume operations without applying for reinstatement following involuntary suspension or paying any additional fees. The commission may impose lesser temporary restraints or conditions if it believes that the public health and safety will not be compromised.

C. For failure to render reasonably continuous and adequate service. The commission may suspend or revoke the operating authority, or impose a fine, on a full service carrier that does not meet the standards for reasonably continuous and adequate service contained in these rules and in the Motor Carrier Act. In determining whether the size of the fleet deployed by a full-service transportation service meets the requirements for continuous and adequate service, the commission shall consider competition and the availability of other transportation and the effects of competition by both competing transportation services and competing transportation network company services on the public need, volume of demand and expense of providing full service in the full-service territory.