A. The department may without notice grant temporary authority to an applicant for a certificate or for amendment, lease or transfer of all or part of a certificate for a period not to exceed the duration of the application process, if it finds that:

Terms Used In New Mexico Statutes 65-2A-11 v2

  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.

(1)     the notice period for such application has not yet expired, the application is one directly involving public safety, a governmental program or a specific public event, there is an urgent and immediate public need for such service and the public may be harmed by waiting for the notice period to expire;

(2)     the applicant for temporary authority has a complete application for a certificate or for amendment, lease or transfer of all or part of a certificate pending before the department;

(3)     the applicant is fit to provide the transportation service requested, is able to provide any certificated service requested and is in compliance with the safety and financial responsibility requirements of the Motor Carrier Act and the rules of the department; and

(4)     satisfactory proof of urgent and immediate need has been made by verified proof as the department shall by rule prescribe.

B. An applicant for temporary authority as a tariffed service carrier shall file tariffs covering the transportation services for which temporary authority is being sought.

C. If a hearing is held before a hearing examiner for any reason on an application for a certificate or for amendment, lease or transfer of all or part of a certificate or for a tariff rate increase, the applicant may move in such proceeding for a grant of temporary authority or rate approval for a period not to exceed the duration of the application process, and any protesting carrier or the traffic safety bureau of the department may move in such proceeding for reconsideration or modification of any grant of temporary authority previously granted by the department or the hearing examiner. The hearing examiner in the proceeding shall hold an expedited preliminary public hearing on the grant of temporary authority on the issues in the proceeding and the testimony evidence presented in the hearing on such procedural basis as the department shall by rule prescribe.

D. Motor carriers operating under temporary authority shall comply with the requirements of the Motor Carrier Act and the rules of the department.

E. A grant of temporary authority shall not create a presumption that permanent authority will be granted.

  Previous section
Next section  
 Article 2A Contents