A. Other than an entity receiving funding to supplement transportation services through Title III B of the federal Older Americans Act of 1965, no person shall offer or provide a transportation service for hire within the state without first obtaining an appropriate operating authority from the department. Every motor carrier providing a transportation service shall meet and comply with the requirements of the Motor Carrier Act and the lawfully adopted rules and orders of the department. B. A certificate or warrant, or a change in a certificate, shall be effective from the date issued by the department and shall remain in effect until canceled, revoked, suspended or amended. C. A motor carrier shall carry a copy of its operating authority in each motor vehicle it operates in New Mexico. D. A certificated service carrier shall render reasonably continuous and adequate service as the department may by rule prescribe. History: Laws 2003, ch. 359, § 7; 2013, ch. 73, § 6; 2013, ch. 77, § 6; 2016, ch. 58, § 2; 2023, ch. 100, § 35. 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; and changed each occurrence of "commission" to "department" throughout the section. 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 2016 amendment, effective March 7, 2016, exempted entities receiving funding to supplement transportation services through the federal Older Americans Act of 1965 from obtaining operating authority from the public regulation commission; in Subsection A, added "Other than an entity receiving funding to supplement transportation services through Title III B of the federal Older Americans Act of 1965". The 2013 amendment, effective July 1, 2013, required persons who offer transportation services for hire to obtain an appropriate operating authority from the commission; added Subsection A; in Subsection B, after "warrant", added "or a change in a certificate or permit", after "revoked", deleted the former second and third sentences, which provided for the period of time a single state registration and a single trip ticket are effective and added "suspended or amended"; in Subsection D, at the beginning of the sentence, after "A", deleted "motor" and added "certificated service"; and deleted former Subsection D, which required motor carriers to comply with the commission's rules. Ride-share service was a transportation carrier service under the Motor Carrier Act. — Where taxi company brought a diversity action against defendant, a ride-share service, on the theory that the ride-share service should have, but did not, comply with the New Mexico Motor Carrier Act (MCA), §§ Chapter 65, Article 2A NMSA 1978, when it first entered the city market, and where defendant moved to dismiss, arguing that it was a technology company and not a "transportation service carrier" governed by the MCA, the district court denied defendant's motion to dismiss, because the plain language of the MCA demonstrates that it applies to any person who offers or provides a transportation service for hire within the state, and the alleged facts showed that defendant, in addition to developing an innovative software platform during the relevant time period, had extensive involvement with and control over drivers, and made money from providing transportation services. Albuquerque Cab Co., Inc. v. Lyft, Inc. , 460 F. Supp.3d 1215 (D. N.M. 2020).
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