Section 65-2A-11 - Temporary authority for intrastate motor carriers of persons or household goods. - New Mexico Statutes

65-2A-11. Temporary authority for intrastate motor carriers of persons or household goods.

A.     The commission may without notice grant temporary operating authority to an intrastate motor carrier of persons or household goods for a period not to exceed ninety days if it finds that:   

(1)     there is an urgent and immediate need for such service; and   

(2)     the applicant for temporary authority has a complete application for a certificate or permit or for amendment, lease or transfer of all or part of a certificate or permit, pending before the commission.   

B.     Satisfactory proof of urgent and immediate need shall be made by affidavit or other verified proof as the commission shall by rule prescribe.   

C.     An applicant for temporary authority as a common motor carrier shall file tariffs covering the transportation services for which temporary authority is being sought.   

D.     After temporary authority has been granted, the applicant shall give notice of the grant of temporary authority to a motor carrier authorized to perform the service temporarily authorized. If such motor carrier or the staff of the transportation division of the commission files a written request for a hearing within twenty-five days of the date notice was mailed, the commission shall hold a public hearing and make such further determination with respect to the grant of temporary authority as the public interest may require.   

E.     Intrastate motor carriers operating under temporary authority shall comply with the requirements of the Motor Carrier Act [65-2A-1 NMSA 1978] and the rules of the commission.   

F.     A grant of temporary authority shall not create a presumption that permanent authority will be granted.