Towing Rules - New Mexico Public Regulation Commission

Findings and Conclusions of the Commission, except to the extent expressly modified or
disapproved herein.
2. The Commission has jurisdiction over the parties and the subject matter of this
case.
3. The only Exceptions to the Recommended Decision were filed by 54 Towing.
RULE 18.3.15 NMAC, FUEL SURCHARGE FOR WRECKER SERVICES PERFORMING
NON-CONSENSUAL TOWS (ATTACHED AS EXHIBIT I)
4. Wreckers may charge customers a fuel surcharge based in part on a fuel
adjustment per mile. Se.._.~e Rule 18.3.15.8 (A) NMAC. The adjustment equals (the current regional
price for fuel minus $2.50) divided by 5, where $2.50 is the base cost per gallon of fuel. Thus
the lower the base cost, the more money that wreckers can charge customers. The fuel surcharge
is paid by customers in addition to the overall bill for fuel costs. Se.._~e Rule 18.3.15.8 (C) NMAC.
The surcharge takes effect only if the current price exceeds $2.50.
5. 54 Towing’s objection (Exceptions, p.2) was directed to the Notice of Proposed
Rulemaking’s (NOPR’s) change of the base fuel price from $1.45 per gallon to $3.00 per gallon.
However, the RD used a base fuel price of $2.50, not the $3.00 recommended by the
Transportation Division Staff (Staff) in the NOPR. (That is, the towing rates in the Tariff
(attached as Exhibit II) were based on an assumed base rate of $2.50, and therefore wreckers
would not be fully compensated if the surcharge’s base fuel rate were $3.00.) The objection does
not state what the base fuel price should be, but at the April 12, 2011 Hearing, 54 Towing stated
that it should remain at the current level of $1.45, which was set in May, 2008. (Fuel Surcharge
Hearing at p. 5)
Final Order Revising Wrecker Tariff
And Amending Rule 18.3.15 NMAC
Case No. 10-00334-TR-R
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