Section 65-2A-13 - Protests of applications for a certificate or permit or for a change in a certificate or permit. - New Mexico Statutes

65-2A-13. Protests of applications for a certificate or permit or for a change in a certificate or permit.

A.     A contract motor carrier shall not protest an application for a certificate or for a change in a certificate.   

B.     A common or contract motor carrier shall not protest an application for a permit or for a change in a permit.   

C.     A common motor carrier shall not protest an application for a certificate or for a change in a certificate unless:   

(1)     it possesses authority to handle, in whole or in part, the traffic for which the applicant seeks authority, or it has pending before the commission an application for authority for substantially the same traffic filed prior to the application to be protested; and   

(2)     it is willing and able to provide service that meets the reasonable needs of the customers or shippers involved; and   

(3)     it has provided service within the scope of the protested application during the previous twelve-month period, or has actively and in good faith solicited service within the scope of the protested application during such period; or   

(4)     the commission grants leave to intervene upon a showing of other interests that are not contrary to the provisions of the Motor Carrier Act [65-2A-1 NMSA 1978].