A. Tariffed service carriers shall observe nonpredatory and nondiscriminatory rates and terms of service for the transportation services they provide. A predatory or discriminatory charge for service is unlawful.

B. Reduced rates for minor children accompanied by an adult, for students traveling between their homes and their schools and for persons sixty-five years of age or older shall not be considered discriminatory. A motor carrier shall not furnish free transportation to persons except to bona fide owners, officers, employees or other business personnel of the motor carrier and their dependents.

C. Towing services performing nonconsensual tows may charge rates lower than the rates in their approved tariff to members of not-for-profit motor clubs after those rates have been filed with the commission.

D. A household goods service carrier shall establish and observe nonpredatory and nondiscriminatory rates and practices relating to the manner and method of presenting, marking, packing and delivering household goods for transportation and other matters relating to the transportation of household goods.

E. In proceedings to determine the reasonableness of rates, the commission shall authorize revenue levels that are adequate under honest, economical and efficient management to cover total operating expenses, including the operation of leased motor vehicles, and depreciation, plus a reasonable profit. The rules adopted by the commission to implement this section shall allow a carrier to achieve revenue levels that will provide a flow of net income, plus depreciation, adequate to support prudent capital outlays, ensure the repayment of a reasonable level of debt, permit the raising of needed equity capital and attract and retain capital in amounts adequate to provide a sound motor carrier transportation system in the state.

History: Laws 2003, ch. 359, § 21; 2013, ch. 73, § 19; 2013, ch. 77, § 19.

The 2013 amendment, effective July 1, 2013, clarified and simplified procedures for establishing rates; in Subsection A, in the first sentence, at the beginning of the sentence, deleted "An intrastate common motor carrier of persons or household goods or a towing service performing nonconsensual towing" and added "Tariffed service carriers", after "shall observe", deleted "reasonable", and after "nondiscriminatory rates and", deleted "practices" and added "terms of service", in the second sentence, at the beginning of the sentence, deleted "An unreasonable" and added "A"; in Subsection B, in the first sentence, after "Reduced rates", added "for minor children accompanied by an adult", and after "discriminatory", deleted "within the meaning of this section", and in the second sentence, after "employees", added "or other business personnel", and deleted the third sentence, which provided that shareholders of carriers were not considered owners; in Subsection C, deleted the former first sentence which prohibited carriers from giving an advantage to a person, point of entry, territory or classification of carrier, after "filed with the commission", deleted "and further provided that this subsection shall not be construed to apply to disadvantages to the transportation service of other motor carriers", in Subsection D, at the beginning of the sentence, after "A", deleted "common motor carrier of", after "household goods", added "service carrier" and after "establish and observe", deleted "just and reasonable" and added "nonpredatory and nondiscriminatory"; and deleted former Subsection E, which required carriers to mutually establish routes and joint rates and practices.

Laws 2013, ch. 73, § 19 and Laws 2013, ch. 77, § 19, both effective July 1, 2013, enacted identical amendments to this section. The section was set out as amended by Laws 2013, ch. 77, § 19. See 12-1-8 NMSA 1978.