That every person, firm, corporation, association or company at any time engaged, either regularly or for the time being only, in the transportation of persons or property for hire between points within this state or from a point within this state and return thereto, is hereby declared to be a common carrier within the meaning and purview of Section 7 of Article XI [repealed] of the constitution of the state of New Mexico.

History: Laws 1929, ch. 71, § 6; C.S. 1929, § 12-106; 1941 Comp., § 47-106; 1953 Comp., § 44-1-6.

Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law.

Section 7 of Article XI of the constitution of the state of New Mexico was repealed by the electorate at the general election held November 5, 1996.

Airline company. — An airline company engaged regularly in the transportation of persons and property for hire between points within the state and from a point within this state and return thereto is a common carrier. In re Reilly's Estate, 1957-NMSC-095, 63 N.M. 352, 319 P.2d 1069.

Spraying, dusting and seeding of farm land constitutes special service and a person or agency engaged therein is not a common carrier by aircraft subject to license and regulation by the state corporation commission (now public regulation commission). Marsh Aviation Co. v. SCC, 1951-NMSC-020, 55 N.M. 178, 228 P.2d 959.

Independent contractor for hire. — An air carrier hauling persons and property as an independent contractor for hire for the United States government to and from points and places within the state of New Mexico is required to have a certificate of public convenience and necessity from the state corporation commission (now public regulation commission). 1969 Op. Att'y Gen. No. 69-140.

For status of carriers engaged in both intrastate and interstate commerce. 1963 Op. Att'y Gen. No. 63-83.

Government agency. — The fact that a shipper is a government agency does not alter the fact that the carrier is hauling for hire. 1969 Op. Att'y Gen. No. 69-140.

Instructor. — A person giving student air pilot instruction is not a common carrier within the meaning of this section. 1956 Op. Att'y Gen. No. 56-6510.

Law reviews. — For article, "How to Stand Still Without Really Trying: A Critique of the New Mexico Administrative Procedures Act," see 10 Nat. Resources J. 840 (1970).

Am. Jur. 2d, A.L.R. and C.J.S. references. — 8A Am. Jur. 2d Aviation §§ 60 to 83.

Res ipsa loquitur as applicable to injury to passenger in aircraft in collision where one of the vehicles is not within carrier's control, 83 A.L.R. 1167, 161 A.L.R. 1113.

Carriage of goods by aeroplane carrier, 99 A.L.R. 194.

Death or injury to occupant of airplane from near collision with another aircraft, 12 A.L.R.2d 677.

Liability of operator of flight training school for injury to or death of trainee, 17 A.L.R.2d 557.

Liability of air carrier for loss of or damage to passenger's baggage or contents thereof, 25 A.L.R.2d 1352.

Duty and liability to guest or passenger as to preflight inspection and maintenance of aircraft, 30 A.L.R.2d 1172.

Validity, construction and operation of airport operator's grant of exclusive or discriminatory privilege or concession, 40 A.L.R.2d 1060.

Liability for injury to guest in airplane, 40 A.L.R.3d 1117.

Liability of air carrier for injury to passenger caused by fall of object from overhead baggage compartment, 32 A.L.R.5th 1.

Death or injury to occupant of airplane from collision or near-collision with another aircraft, 64 A.L.R.5th 235.

Limitation of liability of air carrier for personal injury or death, 91 A.L.R. Fed. 547.

Construction and application of § 105 Airline Deregulation Act (49 USCA § 41713), pertaining to preemption of authority over prices, routes, and services, 149 A.L.R. Fed. 299.

2A C.J.S. Aeronautics and Aerospace § 180.