Section 65-2A-9 - Certificates for intrastate common motor carriers of household goods. - New Mexico Statutes

65-2A-9. Certificates for intrastate common motor carriers of household goods.

A.     A common motor carrier of household goods shall not provide compensated intrastate transportation in the state without a certificate from the commission.   

B.     Except as provided in this section, the commission shall issue a certificate allowing a person to provide compensated intrastate transportation as a common motor carrier of household goods after notice and public hearing requirements are met, if:   

(1)     the person is fit, willing and able to provide the transportation to be authorized by the certificate;   

(2)     the person is in compliance with the safety and financial responsibility requirements of the Motor Carrier Act [65-2A-1 NMSA 1978], the rules of the commission and other applicable federal and state laws and rules; and   

(3)     the transportation service to be provided under the certificate is or will serve a useful public purpose, responsive to a public demand or need. The proposed transportation service will be deemed to serve a useful public purpose, responsive to a public demand or need, if the application is for authority to provide:   

(a)     transportation to a community not regularly served by an authorized intrastate common motor carrier of household goods;   

(b)     transportation services that will be a direct substitute for abandoned rail service to a community if the abandonment results in the community not having rail service and if the application is filed within one hundred twenty days after the abandonment has been approved by the commission or by the federal railway administration; or   

(c)     transportation for the United States government of used household goods that is incidental to a pack and crate service on behalf of the department of defense.   

C.     Before granting a certificate to an intrastate common motor carrier of household goods, the commission shall consider the effect that issuance of the certificate would have on existing carriers; provided that the commission shall not find diversion of revenue or traffic from an existing carrier to be, in and of itself, sufficient grounds for denying the certificate.   

D.     A certificate issued by the commission to an intrastate common motor carrier of household goods shall specify the territory to be served.