A. The department shall establish reasonable requirements with respect to reports, records and uniform systems of accounts and preservation of records for motor carriers. B. The department may require any holder of an operating authority from the department or any lessee of an authority to prepare and transmit to the department an annual report of its operations. The report shall be in the form, contain specific information, including financial information, and be due on a date as the department may by rule require. Financial data filed by motor carriers in annual reports shall not be made available for inspection by the public. C. The department or its employees or duly authorized agents shall, at all times, have access to: (1) land, buildings, improvements to real property and equipment of motor carriers used in connection with their operations; and (2) records kept by motor carriers. D. The department may, by order, require a motor carrier subject to the Motor Carrier Act, or its officers or agents, to produce within this state at such reasonable time and place as it may designate, original or certified copies of records regardless of where they are kept by the motor carrier when their production is pertinent to a matter before the department, in order that the department may examine them. No trade secret or business confidentiality immunity or privilege may be asserted by the motor carrier in response to such an order or request; provided that nothing in this provision shall prevent a carrier from moving for, or the department from entering, an appropriate protective order to preserve the carrier's trade secrets or business confidentiality from further disclosure, nor shall this provision or any production required under this provision waive or diminish the carrier's trade secret or business confidentiality immunity or privilege as to persons other than the department. E. The New Mexico state police division of the department of public safety shall furnish to the department all information needed or required by the department to carry out its responsibilities when the information is obtainable only through field enforcement. F. All applications, protests, objections, amendments to filings, operating authorities, tariffs, pleadings or any other documents filed in docketed proceedings not subject to confidentiality orders are public records and shall, as soon as practical, be made electronically available to the public. History: Laws 2003, ch. 359, § 29; 2013, ch. 73, § 27; 2013, ch. 77, § 27; 2023, ch. 100, § 55. The 2023 amendment, effective July 1, 2024, removed references to the public regulation commission due to the transfer of certain powers and duties to the department of transportation, changed each occurrence of "commission" to "department" throughout the section; and in Subsection E, after "The", deleted "motor transportation" and added "New Mexico state police". Temporary provisions. — Laws 2023, ch. 100, § 80, effective July 1, 2024, provided: A. On July 1, 2024, all staff positions, functions, personnel, appropriations, money, records, equipment, supplies, other property and contractual obligations of the public regulation commission related to motor carrier regulation and enforcement, railroad safety enforcement and ambulance standards are transferred to the department of transportation. B. Beginning July 1, 2024, all references in law, rules, orders and other official acts to the public regulation commission or the transportation division of the public regulation commission related to motor carrier regulation and enforcement, railroad safety enforcement and ambulance standards shall be deemed references to the department of transportation. C. Beginning July 1, 2024, all contractual obligations of the public regulation commission related to motor carrier regulation and enforcement, railroad safety enforcement and ambulance standards are binding on the department of transportation. D. The rules, orders and decisions of the public regulation commission related to motor carrier regulation and enforcement, railroad safety enforcement and ambulance standards shall remain in effect until repealed or amended. The 2013 amendment, effective July 1, 2013, imposed limitations on trade secret and business confidentiality; in Subsection B, after "commission may require", deleted "a motor carrier owning" and added "any holder of an" and after "from the commission", added "or any lessee of an authority"; added the second sentence in Subsection D; and added Subsection F.
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