Survey of Laws and Regulations of Airport Commercial Ground Transportation (2008)

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110 NEW MEXICO Statewide Regulations The State of New Mexico generally regulates motor vehicles operating within the state. N.M. Stat. § 65, 66 (2007). For more information, visit the New Mexico DOT Web site at http://www.nmshtd.state.nm.us. Title 18 of the New Mexico Administrative Code covers the specific requirements for licensing and registration of motor vehicles operating within the state. N.M. Code R. § 18 (2007). Case History In a dispute involving a contract for limousine service with the City of Albuquerque, the court addressed the scope of a municipality’s authority to contract for transportation and the limits placed upon municipalities by the state Motor Carrier Act. The Municipal Transit Law authorizes a qualified municipality to engage in the business of transportation of passengers and property. “The Motor Carrier Act deals with common carrier transportation by motor vehicle throughout the state generally, whereas jurisdiction of the Municipal Transit Law is limited to common carrier transportation within a municipality.” Albuquerque v. New Mexico State Corp. Comm'n, 605 P.2d 227, 232, 93 N.M. 719 724 (1979). Public Regulation Commission New Mexico generally regulates motor vehicles operating and based in the state. In addition, compensated transportation services must obtain operating authority from the New Mexico Public Regulation Commission. N.M. Code R. § 18.3.2.8 (2007). New Mexico—Albuquerque International Sunport (ABQ) Overview ABQ is owned and operated by the City of Albuquerque. Commercial transportation is regulated through agreements with operators. In addition, the State of New Mexico grants operating authority to commercial service providers. ABQ is a closed system. Local ABQ Operating Agreement Cited as: Operating Agreement § x.x Records and Permits Operators must obtain an Airport Operating Permit. Vehicles must be properly identified, registered, and inspected, and possess a permit and electronic transponder (tag). Operating Agreement § 3.1. Operators must ensure that their vehicles are

111 properly insured and pass inspections. Operating Agreement pt. C §§ 5, 7. Operating Rules Vehicles must have an airport tag onboard when on airport property and comply with airport cleanliness and safety standards. Operating Agreement § 4. Drivers may not solicit passengers, and must comply with general commercial conduct rules. Operating Agreement § 4. Fares may not exceed posted rates. Operating Agreement § 4. Suspensions and Appeals The director may impose fines or suspend a permit for any violation of the agreement; continued violations give cause for revocation. Operating Agreement § 3.8. Operators may request an arbitration hearing. The decision of the third party arbitrator shall be final. Operating Agreement § 3.10. Federal Jurisdiction Vehicles carrying passengers with immediate prior or subsequent movement by air and staying within a 25-mi radius of ABQ are exempt from FMCSA regulations. 49 C.F.R. § 372.117 (2007). Transportation within the municipal limits of Albuquerque is exempt. 49 U.S.C.S. § 13506 (2007). Contact Information General Information (505) 244-7700 Media Relations (505) 244-7730 Business and Properties (505) 244-7712