A. The commission may without notice grant temporary authority to an applicant for a certificate or permit or for amendment, lease or transfer of all or part of a certificate or permit for a period not to exceed the duration of the application process, if it finds that:
(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 permit or for amendment, lease or transfer of all or part of a certificate or permit, pending before the commission;
(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 commission; and
(4) satisfactory proof of urgent and immediate need has been made by verified proof as the commission 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 permit or for amendment, lease or transfer of all or part of a certificate or permit 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 transportation division of the commission may move in such proceeding for reconsideration or modification of any grant of temporary authority previously granted by the commission 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 commission 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 commission.
E. A grant of temporary authority shall not create a presumption that permanent authority will be granted.
History: Laws 2003, ch. 359, § 11; 2013, ch. 73, § 10; 2013, ch. 77, § 10.
ANNOTATIONSThe 2013 amendment, effective July 1, 2013, clarified and simplified procedures for granting certificates and permits for temporary service; in the title, after "authority", deleted "for intrastate motor carriers of persons or household goods"; in Subsection A, in the introductory sentence, after "grant temporary", deleted "operating", after "temporary authority to an", deleted "intrastate motor carrier of persons or household goods" and added "applicant for a certificate or permit or for amendment, lease or transfer of all or part of a certificate or permit", and after "not to exceed", deleted "ninety days" and added "the duration of the application process", in Paragraph (1), at the beginning of the sentence, added "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"; and after "such service and" added the remainder of the sentence; added Paragraph (3), and in Paragraph (4), after "need", deleted "shall be" and added "has been" and after "made by", deleted "affidavit or other"; in Subsection B, after "temporary authority as a" deleted "common motor" and added "tariffed service"; deleted former Subsection D, which required the applicant for temporary service to notify a motor carrier authorized to perform the service temporarily authorized and permitted the motor carrier to request a hearing on the grant of temporary authority; and added Subsection C.
Laws 2013, ch. 73, § 10 and Laws 2013, ch. 77, § 10, both effective July 1, 2013, enacted identical amendments to this section. The section was set out as amended by Laws 2013, ch. 77, § 10. See 12-1-8 NMSA 1978.