Legislation Detail
SB 201 TRANSPORTATION REGULATION
Actions: [2] SCC/STBTC/SJC-SCC-germane-STBTC [6] DP-SJC [7] DP - PASSED/S (35-0) [13] HTPWC/HJC-HTPWC
Scheduled: Not Scheduled
Senate Bill 201 (SB 201) clarifies duties for the Department of Transportation (DOT) related to the regulation of railway companies, transportation network companies and motor carriers; changes the appeals process by making department decisions appealable to district court; updates definitions and other provisions of the Motor Carrier Act (MCA); and repeals sections of the NMSA 1978 relating to carrier inspection fees.Legislation Overview:
Senate Bill 201 (SB 201) updates definitions and other provisions of the Motor Carrier Act (MCA). Duties of the Department of Transportation (DOT) are listed as follows: • issue operating authorities for a motor carrier operating in New Mexico; • establish minimum requirements for financial responsibility for motor carriers; • establish safety requirements for intrastate motor carrier motor vehicles and drivers; • establish reasonable requirements with respect to continuous and adequate service to be provided under an operating authority; • regulate the rates of tariffed service carriers to the extent provided in the Motor Carrier Act; • determine matters of public interest and other matters relating to authorities, rates, territories, nature of service and other terms of service of motor carriers; • have jurisdiction to determine any matter under the Motor Carrier Act relating to any transportation service carrier that has not obtained an appropriate operating authority from the department; • subpoena witnesses and records, enforce its subpoenas through a court and, through the court, seek a remedy for contempt; • hold a public hearing [specific to a protest or a request by the traffic safety bureau of the department that has been filed within the notice period in opposition to or in consideration of an application] as permitted by the Motor Carrier Act; • create a statewide tariff for household goods service carriers establishing maximum rates that may be charged by carriers; and • adopt rules, issue orders and conduct activities necessary to implement and enforce the Motor Carrier Act. The act specifies that the DOT may also: • designate inspectors who may inspect the records, facilities and equipment of a motor carrier subject to the Motor Carrier Act • 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; • modify the type and nature of service, territory, and terms of service of operating authorities previously issued, and change or rescind rates previously approved; • establish statewide tariffs as needed for voluntary and optional use by tariffed service carriers; and • adopt rules to implement these powers. Stylistic changes are made, and the DOT is empowered to grant temporary authority to an applicant for a certificate or for amendment, lease or transfer of all or part of a certificate under specified conditions. The appeals process is modified by making department decisions appealable to district court. Sections 67-3-6.3 through 67-3-6.5 NMSA 1978 are repealed.Current Law:
If the bill does not pass, the current law related to the Department of Transportation and the Motor Carrier Act will stand as is.Relates To:
House Bill 40 (HB 40) - Intrastate Airline Task Force House Bill 42 (HB 42) - Transportation Trust Fund House Bill 41 (HB 41) - Clean Transportation Fuel Standards House Bill 146 (HB 146) - Transportation Trust Fund House Bill 230 (HB 230) - Interim Transportation Committee