Section 65-2A-15 - Multiple operating authorities allowed; common control and sham competition prohibited. - New Mexico Statutes

65-2A-15. Multiple operating authorities allowed; common control and sham competition prohibited.

A.     A person may simultaneously hold a certificate as a common motor carrier, a permit as a contract motor carrier and a warrant authorizing transportation by motor vehicle over the same routes or within the same territory, if the commission finds that the multiple operating authorities are consistent with the public interest.   

B.     A person shall not control more than one certificate or more than one permit for the same kind of service in the same territory.   

C.     The commission shall not grant any new operating authority to a motor carrier that:   

(1)     duplicates operating authority of the same kind and for the same territory already held by that motor carrier; or   

(2)     is under common control with another motor carrier that duplicates operating authority of the same kind or for the same or overlapping territory already held by either of them.   

D.     If two motor carriers come to be held in common control, and each motor carrier has operating authority that duplicates the operating authority of the other, then one of them shall have its operating authority modified to exclude the portion of the operating authority that is of the same kind and for the same territory, but shall be allowed to operate in the name and under the operating authority of the other motor carrier with which it is held in common control.   

E.     Motor carriers of household goods possessing both a certificate and permit may transport mixed loads of common and contract motor carrier household goods.