Current through Register Vol. 35, No. 18, September 24, 2024
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.