A. A tariffed service carrier may enter into discussions with another tariffed service carrier to establish a motor carrier organization. The organization shall obtain authorization from the commission before its members enter into any discussions concerning the rates contained in a statewide tariff. The commission may authorize the creation of a motor carrier organization to discuss and promote industry matters, other than the rates of individual carriers, if the organization:

(1) allows any intrastate motor carrier authorized to provide the same type of service to become a member of the organization, and allows a member carrier to discuss matters before the organization and to vote upon any proposal;

(2) does not interfere with a member carrier's right to establish its own tariff and does not change or cancel an independently established tariff;

(3) does not file an objection, protest or complaint with the commission against a tariff item independently published by or for the account of a member carrier;

(4) does not permit its employees or an employee committee to file or act upon a proposal effecting a change in a tariff item published by or for the account of a member carrier; and

(5) proposes matters concerning statewide tariffs for approval by the commission.

B. A member carrier of the organization shall file with the commission information as the commission may by rule prescribe.

C. A motor carrier organization approved by the commission pursuant to this section shall be subject to accounting, record-keeping, reporting and inspection requirements as the commission may by rule prescribe.

D. The commission may, upon complaint or upon its own initiative, investigate and determine whether a motor carrier organization previously authorized by it is not in conformity with the requirements of this section or with the terms and conditions upon which the motor carrier organization was granted authorization. The commission may modify or terminate its authorization of a motor carrier organization found to be noncompliant with the requirements of this rule.

E. The antitrust laws of the state shall not apply to discussions concerning general industry matters, terms of service or any matters concerning a statewide tariff, including the rates contained in a statewide tariff, by member carriers of a motor carrier organization authorized by the commission.

History: Laws 2003, ch. 359, § 23; 2013, ch. 73, § 21; 2013, ch. 77, § 21.

The 2013 amendment, effective July 1, 2013, clarified and simplified the procedure for organizing and conducting a carrier organization; in the title, after "organizations", deleted "common tariffs"; in Subsection A, in the introductory paragraph, in the first sentence, at the beginning of the sentence, deleted "An intrastate common motor" and added "A tariffed service" and after "discussions with another", deleted "intrastate common motor" and added "tariffed service", in the second sentence, after "discussions concerning", added "the rates contained in", and after "contained in a", deleted "common" and added "statewide", deleted the former third sentence, which required notice and a public hearing to establish a carrier organization, and in the current third sentence, after "motor carrier organization", added "to discuss and promote industry matters, other than the rates of individual carriers", in Paragraph (1), after "allows", added "any intrastate motor carrier authorized to provide the same type of service to become a member of the organization, and allows" and after "member carrier to discuss", deleted "a tariff proposal filed with it, provided that only those carriers with authority to participate in the transportation to which the proposal applies may" and added "matters before the organization and to", in Paragraph (3), after "does not file" deleted "a" and added "an objection", deleted former Paragraph (5), which required the organization to disclose the proponent of a rate or tariff and admit the public to a meeting at which the rate or tariff was discussed, deleted former Paragraph (6), which prohibited a carrier from voting on behalf of other carriers, deleted former Paragraph (7), which required the organization to make a final disposition of a rate or tariff filed with the organization within one hundred twenty days, deleted former Paragraph (8), which required an organization to adopt quorum standards, in Paragraph (5), at the beginning of the sentence, added "proposes matters concerning state-wide"; in Subsection E, after "discussions concerning", added "general industry matters, terms of service or any matters concerning", after "matters concerning a", deleted "common" and added "statewide" and after "concerning a statewide tariff", added "including the rates contained in a statewide tariff"; deleted former Subsection F, which required a carrier organization to obtain approval of a common tariff from the commission, required the commission to hold a public hearing on the common tariff, and authorized the commission to approve the common tariff if it was limited to matters relating to transportation services provided by members of the organization proposing the tariff; and deleted former Subsection G, which placed the burden of proof of a violation of the section on the party alleging the violation.

Laws 2013, ch. 73, § 21 and Laws 2013, ch. 77, § 21, both effective July 1, 2013, enacted identical amendments to this section. The section was set out as amended by Laws 2013, ch. 77, § 21. See 12-1-8 NMSA 1978.