Section 65-2A-4 - Powers and duties of the commission. - New Mexico Statutes

65-2A-4. Powers and duties of the commission.

A.     In accordance with the Motor Carrier Act [65-2A-1 NMSA 1978], the commission shall:   

(1)     issue operating authorities for a motor carrier operating in New Mexico;   

(2)     establish minimum requirements for financial responsibility for a motor carrier;   

(3)     establish safety requirements for intrastate motor carrier motor vehicles and drivers subject to the jurisdiction of the commission, provided that the safety requirements shall not be inconsistent with or more stringent than applicable federal safety standards;   

(4)     establish reasonable requirements with respect to continuous and adequate service to be provided under an operating authority;   

(5)     regulate the rates of intrastate common motor carriers of persons and household goods and towing services performing nonconsensual tows, including rates for storing household goods and motor vehicles;   

(6)     determine matters of public convenience and necessity relating to motor carriers;   

(7)     subpoena witnesses and records, enforce its subpoenas through a court and, through the court, seek a remedy for contempt;   

(8)     hold a public hearing specific to a protest or request that has been filed timely in opposition to or in consideration of an application; and   

(9)     adopt rules, issue orders and conduct activities necessary to implement and enforce the Motor Carrier Act.   

B.     The commission may:   

(1)     designate inspectors who may inspect the records of a motor carrier subject to the Motor Carrier Act and who shall have the powers of peace officers in the state's political subdivisions with respect to a law or rule that the commission is empowered to enforce pursuant to Section 65-1-6 NMSA 1978, excluding the enforcement authority granted to the motor transportation division of the department of public safety;   

(2)     institute civil actions in the district court of Santa Fe county in its own name to enforce the Motor Carrier Act, its orders and rules, and in the name of the state to recover assessments of administrative fines;   

(3)     from time to time, modify the type of service, territory, terms, conditions and limitations of operating authorities previously issued, and change or rescind rates previously adopted as needed; and   

(4)     adopt rules to implement these powers.