A. The commission shall establish reasonable requirements with respect to reports, records and uniform systems of accounts and preservation of records for motor carriers.
B. The commission may require any holder of an operating authority from the commission or any lessee of an authority to prepare and transmit to the commission 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 commission 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 commission 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 commission 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 commission, in order that the commission 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 commission 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 commission.
E. The motor transportation division of the department of public safety shall furnish to the commission all information needed or required by the commission 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.
ANNOTATIONSThe 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.
Laws 2013, ch. 73, § 27 and Laws 2013, ch. 77, § 27, both effective July 1, 2013, enacted identical amendments to this section. The section was set out as amended by Laws 2013, ch. 77, § 27. See 12-1-8 NMSA 1978.