Section 65-2A-25 - Household goods operations. - New Mexico Statutes

65-2A-25. Household goods operations.

A.     An intrastate common motor carrier of household goods shall be responsible for acts or omissions of its agents that relate to the performance of household goods transportation services, including accessorial or terminal services, that are within the actual or apparent authority of the agent derived from or ratified by the common motor carrier of household goods.   

B.     An intrastate common motor carrier of household goods shall use reasonable care in selecting and retaining household goods agents who are sufficiently knowledgeable, fit, willing and able to provide adequate household goods transportation services, including accessorial and terminal services, and to fulfill the obligations imposed upon them by the Motor Carrier Act and by the common motor carrier.   

C.     If the commission has reason to believe from a complaint or investigation that a household goods agent has violated Subsection G or H of Section 33 of the Motor Carrier Act [65-2A-33 NMSA 1978], or is consistently unfit, unwilling or unable to provide adequate household goods transportation services, including accessorial and terminal services, the commission may issue to that household goods agent notice of the complaint, specific charges and the time and place for a hearing on the complaint. The hearing shall be held no later than sixty days after service of the complaint to the household goods agent. The household goods agent has the right to appear at the hearing and rebut the charges contained in the complaint.   

D.     If the household goods agent does not appear at the complaint hearing, or if the commission finds that the household goods agent has violated Subsection G or H of Section 33 of the Motor Carrier Act, or is consistently unfit, unwilling or unable to provide adequate household goods transportation services, including accessorial and terminal services, the commission shall issue an order to compel compliance by the household goods agent. Thereafter, the commission may issue an order to limit or prohibit the household goods agent from any involvement in the provision of household goods transportation services if, after notice and an opportunity to be heard, it finds that the household goods agent has failed to comply with the order within a reasonable time after the date of its issuance, but in no event less than thirty days after its issuance. A household goods agent may file a petition with the commission seeking reconsideration of an order entered by the commission pursuant to this section.   

E.     The commission shall adopt rules for the following elements of household goods transportation services:   

(1)     rates;   

(2)     cost estimates, for which charges shall be subject to the antitrust laws of this state;   

(3)     inventory;   

(4)     weighing;   

(5)     receipts and bills of lading;   

(6)     liability based on value established between the motor carrier and the shipper;   

(7)     joint transportation between common motor carriers of household goods;   

(8)     household goods agents; and   

(9)     service standards.   

F.     In adopting rules for intrastate common motor carriers of household goods, the commission shall consider:   

(1)     the level of performance that can be achieved by a well-managed motor carrier of household goods;   

(2)     the degree of harm to individual shippers that could result from a violation of the rule;   

(3)     the need to deter abuses that result in harm to shippers;   

(4)     service requirements of motor carriers of household goods;   

(5)     the cost of compliance in relation to the benefits to shippers to be achieved from such compliance; and   

(6)     the need to encourage motor carriers of household goods to offer service responsive to shippers' needs.   

G.     The antitrust laws shall not apply to discussions or agreements between an intrastate common motor carrier of household goods and its authorized agents, whether or not an agent is also a motor carrier of household goods, related solely to:   

(1)     rates for the transportation of household goods under the authority of the principal carrier;   

(2)     accessorial, terminal, storage or other charges for transportation services incidental to the transportation of household goods transported under the authority of the principal carrier;   

(3)     allowances relating to transportation of household goods under the authority of the principal carrier; or   

(4)     ownership of a common motor carrier of household goods by an agent or membership on the board of directors of any common motor carrier of household goods by an agent.