A. A tariffed service carrier shall not commence operations or perform a new service under its operating authority without having an approved tariff on file with the commission.

B. A tariffed service carrier shall file with the commission proposed tariffs showing the rates for transportation and all related activities and containing a description of the type and nature of the service, territory and all terms of service for transportation and related services. The rates shall be stated in terms of United States currency. Tariffs for individual carriers shall also include the carrier's legal name, all business trade names used by the carrier, contact information, information for service of process, the territory authorized for each transportation service listed in the tariff and any terms of service contained in the operating authorities for that particular carrier. Each tariffed service carrier operating pursuant to a statewide tariff shall file with the commission a tariff statement referencing the statewide tariff being used and include the carrier's legal name, all business trade names used by the carrier, contact information, information for service of process, the territory authorized for that carrier and any terms of service contained in the operating authority for that particular carrier.

C. A tariffed service carrier shall not charge, or permit its agents, employees or contract drivers to charge, a different or additional rate, or to use different or additional practices or terms of service, for transportation or for a service rendered to or for the user of the service other than the rates and terms of service specified in approved tariffs in effect at the time, except:

(1) for ambulance and household goods service carriers, in accordance with rates and terms of service established by federal or state law for federal or state governmental programs or operations; and

(2) for tariffed passenger service carriers other than ambulance service carriers, in accordance with the rates and terms of service established by governmental programs or operations in which they voluntarily participate.

D. A tariffed service carrier shall not pay or refund, directly or indirectly to any person, a portion of the rate specified in its approved tariff, offer to a person privileges or facilities, perform a service or remit anything of value, except:

(1) in accordance with tariffs approved by the commission;

(2) for ambulance and household goods service carriers, in accordance with rates and terms of service established by federal and state law for federal and state governmental entities, programs or operations;

(3) for tariffed passenger service carriers other than ambulance service carriers, in accordance with the rates and terms of service established by governmental programs or operations in which they voluntarily participate; or

(4) in settling or resolving a claim by a customer.

E. The commission shall post on its internet web site electronic copies of all currently approved individual and statewide tariffs, and all tariff statements filed by carriers using statewide tariffs, in a manner to facilitate public access, review and comparison of rates and terms of service. A certificated passenger service carrier other than an ambulance service carrier shall post its tariff rates in each vehicle used in the provision of its transportation service.

F. A tariffed service carrier shall file an application with the commission for any change in the tariff, accompanied by the proposed tariff, at least twenty days prior to implementation of the amended rates and terms of service contained in the tariff. Except as provided in this section, an amended tariff shall be approved and become effective twenty days after filing of the application for a change in the tariff. The commission shall post notice of each application for a change in a tariff along with a copy of the proposed tariff on the commission web site.

G. No changes in terms of service disapproved by the transportation division of the commission as inconsistent with the Motor Carrier Act, rule of the commission, the individual operating authority of the carrier or otherwise in violation of law shall become effective or be part of the approved tariff. The following terms of service contained in a tariff shall not be considered inconsistent with, or predatory or discriminatory in nature under the Motor Carrier Act or commission rule:

(1) a carrier may decline or terminate service under circumstances that reasonably appear to present a physical danger to the driver, to another employee of the carrier or to passengers or, for carriers other than ambulance service carriers, a danger to the condition of the motor vehicle or cargo;

(2) a carrier is not responsible for cancellations or delays due to weather or road conditions when reasonably required for safety or when due to road construction, road closures, law enforcement stops or similar matters beyond the control of the carrier;

(3) a passenger service carrier may require that all firearms carried by any passenger other than an authorized law enforcement officer be unloaded and placed in a locked area of the vehicle during transport, along with all ammunition and any other weapons; or

(4) a passenger service carrier other than an ambulance service carrier may decline or terminate service when the passenger cannot give an adequate description of, or direction to, the destination or cannot transfer into or out of the motor vehicle without requiring physical assistance from the driver.

H. An application for amendment of tariff rates that increases any tariff rate to a level greater than that previously approved by the commission for a full-service carrier or a towing service providing nonconsensual tows shall not become effective until approved by the commission as reasonable under Section 65-2A-21 NMSA 1978. The commission shall hold a hearing appropriate to the type of transportation service provided by the carrier for any such application, if requested by the applicant or by the transportation division of the commission, or if ordered in the discretion of the commission.The commission may provide for reasonable periodic rate increases for full-service carriers or towing services providing nonconsensual tows pursuant to a rate escalator or adjustment clause for any or all rates of a carrier on such basis as the commission finds reasonable.

I. A person may make a complaint in writing to the commission that a rate or term of service contained in a tariff, or a rate otherwise charged or practice otherwise effected, is inconsistent with or in violation of the Motor Carrier Act, commission rule or the operating authority or current tariff of the motor carrier. The commission may suspend the operation of a rate, term of service or practice for a period not to exceed sixty days to investigate its reasonableness. If the commission finds that a rate charged by a tariffed carrier, or a term of service or practice effected by a tariffed carrier, is unauthorized, predatory or discriminatory, the commission shall prescribe the rate or the maximum or minimum rate to be observed or the terms of service to be made effective.

History: Laws 2003, ch. 359, § 20; 2013, ch. 73, § 18; 2013, ch. 77, § 18.

The 2013 amendment, effective July 1, 2013, clarified and simplified procedures for establishing and administering tariffs; in Subsection A, at the beginning of the sentence, deleted "An intrastate common motor" and added "A tariffed service", after "tariffed service carrier", deleted "of persons or household goods or a towing service performing nonconsensual tows", after "operating authority without", deleted "approval of a" and added "having an approved", and after "approve tariff", deleted "from" and added "on file with"; deleted former Subsection B, which required carriers of persons and household goods and towing services performing nonconsensual tows to file proposed tariffs in terms of United States currency; added Subsection B; in Subsection C, in the introductory sentence, deleted "An intrastate common motor", and added "A tariffed service", after "tariffed service carrier", deleted "of persons or household goods or a towing service performing nonconsensual tows", after "or permit its", deleted "bona fide", after "agents", deleted "or", after "employees", added "or contract drivers", after "charge, a different", added "or additional", after "additional rate", added "or to use different or additional practices or terms of service", after "service other than the rates", added "and terms of service", and after "in effect at the time", deleted "The rates of an otherwise valid tariff are not applicable when a medicaid program directly pays for services" and added "except", and added Paragraphs (1) and (2); in Subsection D, in the introductory sentence, deleted "An intrastate common motor" and added "A tariffed service", after "tariffed service carrier", deleted "of persons or household goods or a towing service performing nonconsensual tows", after "tariffed service carrier shall not", added "pay or", and after "directly or indirectly", added "to any person"; added Paragraphs (2) through (4); added Subsections E through H; and in Subsection I, in the first sentence, after "the commission that", deleted "an individual or joint" and added "a", after "a rate or", deleted "practice is" and added "term of service contained in a tariff, or a rate otherwise charged or practice otherwise effected, is inconsistent with or", and after "Motor Carrier Act", added "commission rule or the operating authority or current tariff of the motor carrier", and in the third sentence, after "commission finds that", deleted "an individual or joint" and added "a", after "a rate charged by", deleted "an intrastate common motor carrier of persons or household goods or a towing service performing nonconsensual tows, or an individual or joint practice of any intrastate common motor carrier of persons or household goods or any towing service performing nonconsensual tows affecting the rate, is unreasonable" and added "a tariffed carrier, or a term of service or practice effected by a tariffed carrier, is unauthorized", and after "to be observed or the", deleted "practice" and added "terms of service".

Laws 2013, ch. 73, § 18 and Laws 2013, ch. 77, § 18, both effective July 1, 2013, enacted identical amendments to this section. The section was set out as amended by Laws 2013, ch. 77, § 18. See 12-1-8 NMSA 1978.