Section 65-2A-14 - Changes in certificates or permits. - New Mexico Statutes

65-2A-14. Changes in certificates or permits.

A.     A change in a certificate, permit or tariff shall not be valid or effective without the approval of the commission.   

B.     The commission may, for good cause and after notice and public hearing requirements are met, authorize the following changes in all or part of a certificate or permit at the request of the person owning the certificate or permit if the commission finds:   

(1)     that the proposed rates are reasonable, non-predatory and nondiscriminatory for a change in a tariff;   

(2)     that the applicant meets the requirements pursuant to Section 8 of the Motor Carrier Act [65-2A-8 NMSA 1978] for an amendment of a certificate as a common motor carrier of persons;   

(3)     that the applicant meets the requirements pursuant to Section 10 of the Motor Carrier Act [65-2A-10 NMSA 1978] for an amendment of a permit as a contract motor carrier of persons;   

(4)     that the applicant meets the requirements pursuant to Section 9 of the Motor Carrier Act [65-2A-9 NMSA 1978] for an amendment of a certificate as a common motor carrier of household goods;   

(5)     that the applicant meets the requirements pursuant to Section 10 of the Motor Carrier Act for an amendment of a permit as a contract motor carrier of household goods;   

(6)     that for a transfer of all or part of a certificate or permit:   

(a)     the transferee-applicant is fit, willing and able to provide the authorized transportation services and to comply with the Motor Carrier Act [65-2A-1 NMSA 1978] and the rules of the commission;   

(b)     the transferor-applicant has rendered reasonably continuous and adequate service prior to the application for lease or transfer;   

(c)     accrued taxes, rents, wages of employees and other indebtedness pertaining to all or part of a certificate or permit proposed to be transferred have been paid by the transferor-applicant or assumed by the transferee-applicant;   

(d)     the transfer does not have the effect of destroying competition or creating a monopoly; and   

(e)     the transfer is not inconsistent with the public interest; or   

(7)     that for a lease of all or part of a certificate or permit:   

(a)     the lessee-applicant is fit, willing and able to provide the authorized transportation services and to comply with the Motor Carrier Act and the rules of the commission;   

(b)     the lessor-applicant has rendered reasonably continuous and adequate service prior to the application for lease;   

(c)     the lease does not have the effect of destroying competition or creating a monopoly; and   

(d)     the lease is not inconsistent with the public interest.   

C.     The commission may, without notice or a public hearing, authorize the following changes in all or part of a certificate or permit at the request of the person owning the certificate or permit:   

(1)     cancellation of the certificate or permit;   

(2)     voluntary suspension of the certificate or permit;   

(3)     change in the form of ownership of the certificate or permit; and   

(4)     reinstatement of the certificate or permit following voluntary suspension.