Current through Register Vol. 35, No. 6, March 26, 2024
A.
Application.A motor carrier that proposes to change its rates,
terms and conditions of service, or general schedule, shall file an application
for a change in tariff.
(1) An application
for amendment of tariff rates that increases any tariff rate to a level greater
than that previously approved by the commission for an ambulance service or a
towing service providing non-consensual tows shall be submitted to the director
for review prior to filing, and shall include:
(a) a proposed tariff including the proposed
changes in rates;
(b) a balance
sheet for the preceding fiscal year;
(c) an income statement for the preceding
fiscal year;
(d) all documentary
evidence which the applicant believes supports its proposed change in rates;
and
(e) pre-filed direct testimony
explaining why a change in rates is required for the motor carrier to achieve
revenue levels that will provide a flow of net income adequate to support
reasonable expense levels, including reasonable depreciation expense and
repayment of a reasonable level of debt, and permit the raising of needed
equity capital.
(2) An
application for amendment of any tariff rate to a level greater than that
previously approved by the commission for a municipal taxicab service carrier,
a scheduled shuttle service carrier, or a household goods service carrier shall
include:
(a) a proposed tariff including the
proposed changes in rates;
(b) a
side-by-side comparison of a household goods service carrier's proposed
increased rates and the rates contained in the household goods service
carrier's maximum tariff; and
(c) a
side-by-side comparison of all changes in rates and terms of service for a
municipal taxicab service carrier or a scheduled shuttle service
carrier.
(3) An
application for amendment of tariff rates for any motor carrier not listed in
Paragraphs (1) and (2) of this Subsection A of 18.3.6.12 NMAC shall include a
proposed tariff.
(4) An application
for a change in terms of service or a change in a daily time schedule for a
scheduled shuttle service shall include:
(a)
a proposed tariff including the proposed changes in terms of service or daily
time schedule; and
(b) a
description of the proposed changes
B.
Docketing and notice. The applicant
shall file the application with the filing fee and serve on, and email a copy
to, the transportation division of the commission on the date filed. The
director shall promptly post notice of a filed application on the commission's
website. The carrier may implement the tariff's terms of service and rates 20
days after filing pursuant to Subsection F of
65-2A-20 NMSA
1978, unless the director disapproves the application as incomplete, and except
for any specific terms of service which the director or commission may
disapprove, or any specific rate increases above prior approved rates for a
municipal taxicab service or scheduled shuttle service that the director or
commission may disapprove. The director shall file any disapproval of
completeness or of specific terms of service or rates in the docket within 20
days of the date of filing of the application. The commission may file
disapproval of specific terms of service or rates in the docket within 20 days
of the date of filing of the application. The commission's filed disapproval
means that for purposes of Subsection H of Section 65-2 A-20 NMSA 1978 the
commission, at that time, does not deem the increase to be reasonable.
.
