New Mexico Register / Volume XXXV, Issue 12 /
June 25, 2024
TITLE 18 TRANSPORTATION AND HIGHWAYS
CHAPTER 3 MOTOR CARRIER GENERAL PROVISIONS
PART 3 FINANCIAL RESPONSIBILITY
18.3.3.1 ISSUING
AGENCY: New Mexico Department of Transportation.
[18.3.3.1 NMAC - Rp, 18.3.3.1 NMAC, 7/1/2024]
18.3.3.2 SCOPE: This rule applies to all motor carriers subject to the jurisdiction of
the department.
[18.3.3.2 NMAC - Rp, 18.3.3.2 NMAC, 7/1/2024]
18.3.3.3 STATUTORY
AUTHORITY: Sections 65-2A-4, 65-2A-12, 65-2A-18 and
65-2A-27 NMSA 1978, and 2023 N.M. Laws, Chapter 100, Section 81.
[18.3.3.3 NMAC - Rp, 18.3.3.3 NMAC, 7/1/2024]
18.3.3.4 DURATION:
Permanent.
[18.3.3.41 NMAC - Rp, 18.3.3.4 NMAC, 7/1/2024]
18.3.3.5 EFFECTIVE
DATE: July 1, 2024, unless a later date is cited at the end of a section.
[18.3.3.5 NMAC - Rp, 18.3.3.5 NMAC, 7/1/2024]
18.3.3.6 OBJECTIVE: The
purpose of this rule is to implement Section 65-2A-18 NMSA 1978.
[18.3.3.6 NMAC - Rp, 18.3.3.6 NMAC, 7/1/2024]
18.3.3.7 DEFINITIONS: See
18.3.1.7 NMAC.
[18.3.3.7 NMAC - Rp, 18.3.3.7 NMAC, 7/1/2024]
18.3.3.8 PROOF
OF FINANCIAL RESPONSIBILITY: Every motor carrier must ensure that the
minimum required financial responsibility is on file with the department during
all periods of operation. The insurance policy
must be in the exact legal and "doing business as" name of the motor
carrier and be endorsed with the expiration date of "until canceled".
Insurance companies are required to submit the uniform filing forms directly to
the department.
A. Bodily injury and property damage coverage: The following documents are accepted:
(1) a
uniform filing “form E” submitted to the department by an insurance company
authorized to transact insurance business in New Mexico; or
(2) a
uniform filing “form G” for a surety bond issued by a company authorized to do
surety business in New Mexico; or
(3) a
copy of the motor carrier’s self-insured policy.
B. Cargo liability coverage: A uniform filing “form H” submitted to the
department by a company authorized to transact insurance business in New
Mexico.
[18.3.3.8 NMAC - Rp, 18.3.3.8 NMAC, 7/1/2024]
18.3.3.9 PENALTIES
FOR CANCELED OR INSUFFICIENT COVERAGE: Insurance companies are required to timely submit
all uniform filing forms to the department directly. Copies of coverage
submitted by the motor carrier will not serve as proof of coverage. Anyone aggrieved by the action or omission of
an insurance company related to these required filings may file a consumer
complaint with the office of superintendent of insurance (www.osi.state.nm.us).
A. Immediate suspension: A motor carrier’s operating authority is subject to immediate
suspension for lack of financial responsibility if, for any reason, its current
coverage is not on file with the department or does not meet the minimum
requirements.
B. Warrant revocation: A warrant holder’s operating authority is
subject to immediate revocation if, for any reason, its coverage is not on file
with the department for a period of four consecutive months.
[18.3.3.9 NMAC - N, 7/1/2024]
18.3.3.10 MINIMUM INSURANCE COVERAGE:
A. Passenger services: Motor carriers of passenger services must maintain the minimum levels of coverage required by 49 CFR 387.33, except that taxicab services utilizing vehicles with seating capacities of six or fewer passengers (including the driver) must maintain a combined single-limit policy of one million dollars ($1,000,000) per occurrence. This taxicab exception to the minimum coverage expires on June 30, 2025. Taxicab services failing to ensure full compliance with the minimum coverage requirements of 49 CFR 387.33 on or before July 1, 2025, will be subject to penalties as provided by law, to include immediate suspension.
B. Property services: Towing services, household goods movers, and motor carriers of property (including hazardous materials) must maintain the minimum levels of coverage, as required by 49 CFR 387.9 and 49 CFR 303(b)(2). In addition:
(1) Towing services must maintain fifty thousand dollars
($50,000) of both on-the-hook and garage-keepers' liability insurance.
(2) Household goods carriers must
maintain fifty thousand dollars ($50,000) cargo liability insurance per shipper
for loss or damage to cargo of the shipper.
[18.3.3.10 NMAC - Rp, 18.3.3.10 NMAC, 7/1/2024]
18.3.3.11 MAXIMUM
DEDUCTIBLE LIMIT: No insurance policy shall have a deductible in excess of five thousand dollars ($5,000), unless the
department approves a higher deductible for a motor carrier that provides:
A. a surety bond in an amount equal
to the difference between five thousand dollars ($5,000) and the amount of the
higher deductible; or
B. a copy of the motor carrier’s
self-insured policy coverage for an amount equal to or greater than the amount
of the higher deductible.
[18.3.3.11 NMAC - Rp, 18.3.3.12 NMAC, 7/1/2024]
18.3.3.12 [RESERVED]
18.3.3.13 [RESERVED]
18.3.3.14 [RESERVED]
HISTORY OF 18.3.3
NMAC:
Pre-NMAC History. The
material in this rule was previously filed with the State Records Center as:
SCC 68-16, N.M.
Motor Carrier Act, Rules and Regulations, effective Sept. 1, 1967, filed on
3-14-68;
SCC 71-6, N.M. Motor
Carrier Act, Rules and Regulations, effective July 1, 1971, filed on 9-21-71;
SCC 73-1, N.M. Motor
Carrier Act, Rules and Regulations, filed on 6/14/1973;
SCC 74-1, N.M. Motor
Carrier Act, Rules and Regulations, effective July 1, 1973, filed on 2/5/1974;
SCC 75-1, N.M. Motor
Carrier Act, Rules and Regulations, effective Jan. 1, 1975, filed on 4/17/1975;
SCC 75-3, N.M. Motor
Carrier Act, Rules and Regulations (Rev.), effective Jan. 1, 1975, filed on 9/19/1975;
SCC 76-1, N.M. Motor
Carrier Act, Rules and Regulations, effective April 1, 1976, filed on 4/15/1976;
SCC 77-1, N.M. Motor
Carrier Act, Rules and Regulations, effective Jan. 1, 1977, filed on 1/25/1977;
SCCMC Rule No. 30,
Insurance, filed on 3/5/1982;
SCCMC Rule No. 41,
Uniform Standards, filed on 3/5/1982;
SCC Rule 231,
General Compliance Requirements, filed on 1/5/1993;
SCC Rule 232,
Insurance Requirements, filed on 1/5/1993.
History of Repealed
Material.
SCC Rule 231,
General Compliance Requirements, filed on 1/5/1993;
SCC Rule 232,
Insurance Requirements, filed on 1/5/1993.
18.3.3 NMAC, Motor Carrier General Provisions - Financial Responsibilities, filed 12/10/2002, repealed 2/13/2015
18.3.3 NMAC, Motor Carrier General Provisions - Financial Responsibilities, filed 1/28/2015, repealed 7/1/2024.
Other: 18.3.3 NMAC, Motor Carrier General Provisions - Financial Responsibilities, filed 1/28/2015, Replaced by
18.3.3 NMAC, Motor Carrier General Provisions - Financial Responsibilities,
effective 7/1/2024.