A commercial truck in New Mexico, also known as a motor carrier, must comply with certain regulations from the Federal Motor Carrier Safety Administration (FMCSA) to lawfully operate. An “authorized carrier” is a truck that complies with all legal requirements and is federally approved to operate. An “unauthorized carrier” lacks federal compliance and cannot legally operate.
What Is an Authorized Carrier?
The FMCSA puts common carriers into one of three different categories according to the fitness of the vehicle for driving on public roads: authorized, unauthorized and out-of-service. An authorized carrier means a big rig has met all relevant safety and fitness parameters and has therefore been approved by the federal government to operate.
An authorized carrier fulfills legal requirements such as:
- The correct levels of liability and cargo insurance
- No outstanding fines
- All necessary permits and licenses
- Compliance with the FMCSA and other regulatory agencies
- Passed all safety checks and inspections
A carrier’s status will appear on Safety and Fitness Electronic Records (SAFER), with the authorization status linked to the truck’s U.S. Department of Transportation Number. An approved carrier will display the status “Authorized For: (Passenger, Property, Household Goods [HHG]). It will list the specific category that the carrier has the authority to transport.
What Is an Unauthorized Carrier?
An unauthorized carrier is an unapproved truck that has inactive or revoked authority. It is not permitted to transport goods, passengers, property or operate on public roads due to one or more regulatory or safety violations. It may present a safety risk if the commercial vehicle is used.
An unauthorized carrier may gain this classification due to issues such as:
- Lapsed commercial or cargo insurance
- Safety violations that have not been remedied
- Failure to comply with federal regulations
- Outstanding fines or missing permits
- An unregistered motor vehicle
If the FMCSA deems a truck “not authorized,” it means the carrier “does not have any operating authority and/or is not authorized to engage in interstate, for-hire operations.” Operating a truck that has an unauthorized status is against the law.
What Is an Out-of-Service Status?
If a commercial truck operates without authority, it can be put “out-of-service.” This means the carrier is under order by the federal government not to operate. Driving the truck anyway can lead to fines and other penalties against the trucking company, shipper or broker.
If a truck accident takes place with a vehicle that had an unauthorized status at the time of the collision, this lapse can provide proof in a “negligence per se” personal injury claim. This type of case does not require any further evidence of negligence or a breach of the duty of care, besides the broken law. It is enough to show that the truck should not have been legally driven due to a safety or regulatory issue.
After a truck accident of any kind in New Mexico, it can help to contact an experienced lawyer to discuss your case and legal rights. A lawyer can investigate to determine whether the truck was authorized or unauthorized at the time of your collision, and use this information to build a foundation for your injury claim.