New
Mexico Register / Volume XXXV, Issue 12 / June 25, 2024
TITLE 18 TRANSPORTATION
AND HIGHWAYS
CHAPTER 3 MOTOR
CARRIER GENERAL PROVISIONS
PART 15 FUEL
SURCHARGE FOR NON-CONSENSUAL
TOWS
18.3.15.1 ISSUING
AGENCY: New Mexico Department of Transportation.
[18.3.15.1 NMAC -
Rp. 18.3.15.1 NMAC, 7/1/2024]
18.3.15.2 SCOPE: This
rule applies to all towing services performing non-consensual tows.
[18.3.15.2 NMAC -
Rp. 18.3.15.2 NMAC, 7/1/2024]
18.3.15.3 STATUTORY
AUTHORITY: Sections 65-2A-4 and 65-2A-20(H) NMSA 1978,
and 2023 N.M. Laws, Chapter 100, Section 81.
[18.3.15.3 NMAC - Rp. 18.3.15 NMAC, 7/1/2024]
18.3.15.4 DURATION: Permanent.
[18.3.15.4 NMAC -
Rp. 18.3.15.4 NMAC, 7/1/2024]
18.3.15.5 EFFECTIVE DATE: July 1, 2024, unless a later date is cited at the end of a section.
[18.3.15.5 NMAC -
Rp. 18.3.15.5 NMAC, 7/1/2024]
18.3.15.6 OBJECTIVE: The
purpose of this rule is to establish a procedure providing for periodic fuel
surcharges for towing services performing non-consensual tows.
[18.3.15.6 NMAC -
Rp. 18.3.15.6 NMAC, 7/1/2024]
18.3.15.7 DEFINITIONS:
A. EIA fuel price refers to the weekly
gasoline or diesel fuel price for the Rocky Mountain region, as published by
the United States department of energy's energy information administration
(EIA) at: http://www.eia.gov/petroleum/gasdiesel/.
B. fuel surcharge means the additional
charge that towing services may impose for a non-consensual tow to account for the
changing price of fuel.
[18.3.15.7 NMAC -
Rp. 18.3.15.7 NMAC, 7/1/2024]
18.3.15.8 FUEL
SURCHARGE LINE ITEM CALCULATION: A towing service may add to a
non-consensual tow invoice a separate fuel surcharge line item that must comply
with the following table and formula.
A. formula: the fuel surcharge amount is calculated by multiplying the total allowable mileage charge by the ‘multiplier’ in the table, below, that corresponds to the applicable ‘EIA gas/diesel price range for the Rocky Mountain region’. Example: if the total allowable mileage charge for the non-consensual tow is $100, and that week’s EIA fuel price (as identified on the EIA website) is $4.00, then that fuel price falls within the $3.76 - $4.00 price range, which corresponds on the table, below, to a multiplier of .0675; so the fuel surcharge is calculated as $100 (the mileage charge) multiplied by .0675 (or 6.75%), which equals a fuel surcharge amount of $6.75.
B. table:
|
EIA Fuel
Price Range |
Multiplier |
|
$2.26 - $2.50 |
.0375 (or 3.75%) |
|
$2.51 - $2.75 |
.0425 (or 4.25%) |
|
$2.76 - $3.00 |
.0475 (or 4.75%) |
|
$3.01 - $3.25 |
.0525 (or 5.25%) |
|
$3.26 - $3.50 |
.0575 (or 5.75%) |
|
$3.51 - $3.75 |
.0625 (or 6.25%) |
|
$3.76 - $4.00 |
.0675 (or 6.75%) |
|
$4.01 - $4.25 |
.0725 (or 7.25%) |
|
$4.26 - $4.50 |
.0775 (or 7.75%) |
|
$4.51 - $4.75 |
.0825 (or 8.25%) |
|
$4.76 - $5.00 |
.0875 (or 8.75%) |
|
$5.01 - $5.25 |
.0925 (or 9.25%) |
|
$5.26 - $5.50 |
.0975 (or 9.75%) |
|
$5.51 - $5.75 |
.1025 (or 10.25%) |
|
$5.76 - $6.00 |
.1075 (or 10.75%) |
|
$6.01 - $6.25 |
.1125 (or 11.25%) |
|
$6.26 - $6.50 |
.1175 (or 11.75%) |
|
$6.51 - $6.75 |
.1225 (or 12.25%) |
|
$6.76 - $7.00 |
.1275 (or 12.75%) |
|
$7.01 - $7.25 |
.1325 (or 13.25%) |
|
$7.26 - $7.50 |
.1375 (or 13.75%) |
[18.3.15.8 NMAC -
Rp. 18.3.15.8, NMAC, 7/1/2024]
History of repealed material:
18.3.15 NMAC, Motor Carrier General Provisions / Fuel Surcharge for Wrecker Services Performing Non-consensual Tows (filed 3/2/2017), repealed 7/1/2024.
Other History:
18.3.15 NMAC, Fuel Surcharge for Wrecker Services Performing Non-consensual Tows (filed 3/2/2017) was replaced by 18.3.15 NMAC Fuel Surcharge for Non-consensual Tows effective 7/1/2024.