A. The commission shall establish a statewide tariff for household goods services, containing terms of service and maximum rates that household goods service carriers may charge the public.
B. A certificated household goods service carrier shall be responsible for acts or omissions of its agents that relate to the performance of household goods transportation services, including accessorial or terminal services, that are within the actual or apparent authority of the agent derived from or ratified by the certificated household goods service carrier.
C. A certificated household goods service carrier shall use reasonable care in selecting and retaining household goods agents who are sufficiently knowledgeable, fit, willing and able to provide adequate household goods transportation services, including accessorial and terminal services, and to fulfill the obligations imposed upon them by the Motor Carrier Act and by the certificated household goods service carrier.
D. If the commission has reason to believe from a complaint or investigation that a household goods agent has violated Subsection G or H of Section 65-2A-33 NMSA 1978, or is consistently unfit, unwilling or unable to provide adequate household goods transportation services, including accessorial and terminal services, the commission may issue to that household goods agent notice of the complaint, specific charges and the time and place for a hearing on the complaint. The hearing shall be held no later than sixty days after service of the complaint to the household goods agent. The household goods agent has the right to appear at the hearing and rebut the charges contained in the complaint.
E. If the household goods agent does not appear at the complaint hearing, or if the commission finds that the household goods agent has violated Subsection G or H of Section 65-2A-33 NMSA 1978, or is consistently unfit, unwilling or unable to provide adequate household goods transportation services, including accessorial and terminal services, the commission shall issue an order to compel compliance by the household goods agent. Thereafter, the commission may issue an order to limit or prohibit the household goods agent from any involvement in the provision of household goods transportation services if, after notice and an opportunity to be heard, it finds that the household goods agent has failed to comply with the order within a reasonable time after the date of its issuance, but in no event less than thirty days after its issuance. A household goods agent may file a petition with the commission seeking reconsideration of an order entered by the commission pursuant to this section.
F. The commission shall adopt rules for the following elements of household goods transportation services:
(1) methods of determining shipping charges;
(2) cost estimates, for which charges shall be subject to the antitrust laws of this state;
(3) inventory;
(4) weighing;
(5) receipts and bills of lading;
(6) liability based on value established between the motor carrier and the shipper;
(7) equipment stationing by, and joint transportation between, household goods service carriers;
(8) household goods agents; and
(9) service standards.
G. In adopting reasonable rules for intrastate household goods service carriers, the commission shall balance the interests of shippers and carriers and consider and observe industry standards.
H. The antitrust laws shall not apply to discussions or agreements between a household goods service carrier and its authorized agents, whether or not an agent is also a household goods service carrier when related solely to:
(1) rates for the transportation of household goods under the authority of the principal carrier;
(2) accessorial, terminal, storage or other charges for transportation services incidental to the transportation of household goods transported under the authority of the principal carrier;
(3) allowances relating to transportation of household goods under the authority of the principal carrier; or
(4) ownership of a household goods service carrier by an agent or membership on the board of directors of any household goods service carrier by an agent.
History: Laws 2003, ch. 359, § 25; 2013, ch. 73, § 23; 2013, ch. 77, § 23.
ANNOTATIONSThe 2013 amendment, effective July 1, 2013, required the commission to establish a statewide tariff for household goods services and to adopt rules that balance the interests of shippers and carriers and that consider industry standards; added Subsection A; in Subsection B, at the beginning of the sentence, deleted "An intrastate common motor carrier of" and added "A certificated", after "certificated household goods", added "service carrier", after "ratified by the", deleted "common motor carrier of" and added "certificated", and at the end of the sentence, after "household goods", added "service carrier"; in Subsection C, at the beginning of the sentence, deleted "An intrastate common motor carrier of" and added "A certificated", after "certificated household goods", added "service carrier", and after "Motor Carrier Act and by the", deleted "common motor" and added "certificated household goods service"; in Subsection D, in the first sentence, after "Section", deleted "33 of the Motor Carrier Act" and added "65-2A-33 NMSA 1978"; in Subsection E, in the first sentence, after "Section", deleted "33 of the Motor Carrier Act" and added "65-2A-33 NMSA 1978"; in Subsection F, in Paragraph (1), deleted "rates" and added "methods of determining shipping charges" and in Paragraph (7), at the beginning of the sentence, added "equipment stationing by, and", after "between", deleted "common motor carriers of", and after "goods", added "service carriers"; in Subsection G, after "adopting", added "reasonable", after "intrastate", deleted "common motor carriers of", after "household goods", added "service carriers", after "commission shall", deleted "consider", deleted former Paragraphs (1) through (6), which required the commission to consider the level of performance a well-managed carrier could achieve, the degree of harm to individual shippers that could result from a violation of the rule, the need to deter abuses that harm shippers, service requirements of shippers, cost of compliance in relation to benefits, and the need to encourage carriers to offer service responsive to shippers' needs, and added "balance the interests of shippers and carriers and consider and observe industry standards"; and in Subsection H, in the introductory sentence, after "agreements between", deleted "an intrastate common motor carrier of" and added "a", after "between a household goods", added "service carrier", after "agent is also a", deleted "motor carrier of", after "is also a household goods", added "service carrier", and in Paragraph (4), after "ownership of a", deleted "common motor carrier of", after "ownership of a household goods", added "service carrier", after "directors of any", deleted "common motor carrier of", and after "directors of any household goods", added "service carrier".
Laws 2013, ch. 73, § 23 and Laws 2013, ch. 77, § 23, both effective July 1, 2013, enacted identical amendments to this section. The section was set out as amended by Laws 2013, ch. 77, § 23. See 12-1-8 NMSA 1978.