reglab/housing_qa huggingface dataset:
NM Stat § 65-2A-35 (2021)
2021 New Mexico Statutes|Chapter 65 - Motor Carriers|Article 2A - Motor Carrier Act|Section 65-2A-35 - Appeal to supreme court.

A. A motor carrier or other interested person aggrieved by a final order or determination of the commission issued pursuant to the Motor Carrier Act may appeal to the supreme court within thirty days. The appellant shall pay to the commission the costs of preparing and transmitting the record to the court. B. The pendency of an appeal shall not automatically stay the order appealed from. The appellant may petition the commission or the supreme court for a stay of the order. C. The appeal shall be on the record of the hearing before the commission and shall be governed by the appellate rules applicable to administrative appeals. The supreme court shall affirm the commission's order unless it is: (1) arbitrary, capricious or an abuse of discretion; (2) not supported by substantial evidence in the record; or (3) otherwise not in accordance with law. History: Laws 2003, ch. 359, § 35. ANNOTATIONSEffective dates. — Laws 2003, ch. 359, § 45 made Laws 2003, ch. 359, § 35 effective July 1, 2003.
NM Stat § 65-2A-37 (2021)
2021 New Mexico Statutes|Chapter 65 - Motor Carriers|Article 2A - Motor Carrier Act|Section 65-2A-37 - Electronic filing and certification of documents; electronic payment of fees.

A. The commission may adopt rules permitting the electronic filing, submission and service of documents by facsimile, electronic mail or other electronic transmission, including original documents, and the certification of electronically filed documents when filing or certification is required or permitted pursuant to the Motor Carrier Act. The rules shall provide for the appropriate treatment of electronic filings to satisfy requirements for original documents or copies and shall provide the requirements for signature with respect to electronic filings. If the commission accepts electronic filing of a document, it may accept for filing a document containing a signature line, however made. B. The commission may accept a credit or debit card or other means of payment, in lieu of cash or check, as payment of a fee pursuant to the Motor Carrier Act. The commission shall determine those credit or debit cards or other means of payment that may be accepted for payment. History: Laws 2003, ch. 359, § 37; 2013, ch. 73, § 31; 2013, ch. 77, § 31. ANNOTATIONSThe 2013 amendment, effective July 1, 2013, permitted the submission and service of documents by facsimile, electronic mail or other electronic transmission; and in Subsection A, in the first sentence, after "electronic filing", added "submission and service"; after "service of documents", added "by facsimile, electronic mail or other electronic transmission", and in the third sentence, after "containing", deleted "a copy of" and after "signature", added "line". Laws 2013, ch. 73, § 31 and Laws 2013, ch. 77, § 31, both effective July 1, 2013, enacted identical amendments to this section. The section was set out as amended by Laws 2013, ch. 77, § 31. See 12-1-8 NMSA 1978.
NM Stat § 65-2A-38 (2021)
2021 New Mexico Statutes|Chapter 65 - Motor Carriers|Article 2A - Motor Carrier Act|Section 65-2A-38 - Exemptions.

The Motor Carrier Act shall not apply to: A. school buses, provided that school buses shall be subject to applicable school bus safety provisions established by the state transportation director; B. United States mail carriers, unless they are engaged in other business as motor carriers of persons or household goods; C. hearses, funeral coaches or other motor vehicles belonging to or operated in connection with the business of a funeral service practitioner licensed by the state; D. a county or municipal public bus transportation system; E. private carriers; or F. commuter services. History: Laws 2003, ch. 359, § 38; 2013, ch. 73, § 32; 2013, ch. 77, § 32; 2017, ch. 109, § 4. ANNOTATIONSThe 2017 amendment, effective July 1, 2017, exempted "commuter services" from the Motor Carrier Act; and added Subsection F. The 2013 amendment, effective July 1, 2013, changed terms; and in Subsection B, after "in other business as", deleted "common or contract".
NM Stat § 65-2A-39 (2021)
2021 New Mexico Statutes|Chapter 65 - Motor Carriers|Article 2A - Motor Carrier Act|Section 65-2A-39 - Effect on municipal powers.

Nothing contained in the Motor Carrier Act shall be construed: A. to limit or restrict the police jurisdiction or power of a municipality over its streets, highways and public places except as otherwise provided by law; B. in respect to matters other than rates and service regulations, to repeal a power of a municipality: (1) to adopt and enforce reasonable police regulations and ordinances in the interest of the public safety, morals and convenience; or (2) to protect the public against fraud, imposition or oppression by motor carriers within their respective jurisdiction. History: Laws 2003, ch. 359, § 39. ANNOTATIONSEffective dates. — Laws 2003, ch. 359, § 45 made Laws 2003, ch. 359, § 39 effective July 1, 2003.
NM Stat § 65-2A-40 (2021)
2021 New Mexico Statutes|Chapter 65 - Motor Carriers|Article 2A - Motor Carrier Act|Section 65-2A-40 - Repealed.

History: Laws 2003, ch. 359, § 40; repealed by Laws 2013, ch. 73, § 34 and Laws 2013, ch. 77, § 34.ANNOTATIONSRepeals. — Laws 2013, ch. 73, § 34 and Laws 2013, ch. 77, § 34 repealed 65-2A-40 NMSA 1978, as enacted by Laws 2003, ch. 359, § 40, relating to transition, effective July 1, 2013. For provisions of former section, see the 2012 NMSA 1978 on NMOneSource.com.
NM Stat § 65-3-1 (2021)
2021 New Mexico Statutes|Chapter 65 - Motor Carriers|Article 3 - Motor Carrier Safety|Section 65-3-1 - Short title.

Sections 65-3-1 through 65-3-13 [65-3-14] NMSA 1978 may be cited as the "Motor Carrier Safety Act". History: 1978 Comp., § 65-3-1, enacted by Laws 1989, ch. 201, § 2. ANNOTATIONSRepeals and reenactments. — Laws 1989, ch. 201, § 2 repealed former 65-3-1 NMSA 1978, as amended by Laws 1977, ch. 250, § 95, relating to drivers' hours and enforcement thereof, and enacted a new section, effective July 1, 1989. Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Laws 2007, ch. 151, § 1 enacted a new section of the Motor Carrier Safety Act, compiled as 65-3-14 NMSA 1978, effective June 15, 2007.
NM Stat § 65-3-2 (2021)
2021 New Mexico Statutes|Chapter 65 - Motor Carriers|Article 3 - Motor Carrier Safety|Section 65-3-2 - Purpose.

The legislature finds that highway safety is of utmost public concern. The purpose of the Motor Carrier Safety Act is to protect the New Mexico traveling public by ensuring the safe operation of commercial motor carrier vehicles on New Mexico's highways. History: 1978 Comp., § 65-3-2, enacted by Laws 1989, ch. 201, § 3. ANNOTATIONSRepeals and reenactments. — Laws 1989, ch. 201, § 3 repealed former 65-3-2 NMSA 1978, as amended by Laws 1973, ch. 255, § 1, relating to maximum hours and rest periods for drivers, and enacted a new section, effective July 1, 1989. A lessor of trucks is not a motor carrier. — A lessor of trucks is not a motor carrier subject to statutory duties and regulatory duties of inspection, maintenance, and repair under the New Mexico Motor Carrier Safety Act, §§ 65-3-1 to -14 NMSA 1978. Hernandez v. Grando's LLC, 2018-NMCA-072. Defendant was not subject to the duties of inspection, maintenance, and repair imposed on motor carriers. — Where plaintiff injured himself while exiting a commercial truck that plaintiff's employer had leased from defendant, and where defendant's business was limited to leasing trucks to plaintiff's employer, plaintiff did not establish a disputed question of fact regarding defendant's alleged breach of statutory or regulatory duties of a motor carrier where the evidence established that defendant did not provide transportation of persons, property or household goods for hire or provide transportation for compensation; obligations imposed on motor carriers are not meant to apply to persons who lease vehicles to motor carriers. Hernandez v. Grando's LLC, 2018-NMCA-072.
NM Stat § 65-3-4 (2021)
2021 New Mexico Statutes|Chapter 65 - Motor Carriers|Article 3 - Motor Carrier Safety|Section 65-3-4 - Regulations; inspections.

A. The secretary is directed to adopt in accordance with Section 65-1-10 NMSA 1978 [repealed] necessary rules and regulations under the Motor Carrier Safety Act as they apply to motor carrier safety. Such rules and regulations shall not be inconsistent with or more stringent than applicable federal safety standards. B. The department is authorized to inspect at the motor carrier's place of business those safety records required to be retained by the motor carrier pursuant to the provisions of the Motor Carrier Safety Act. History: 1978 Comp., § 65-3-4, enacted by Laws 1989, ch. 201, § 5; 1992, ch. 106, § 18. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Laws 1995, ch. 31, § 7 repealed 65-1-10 NMSA 1978, effective July 1, 1995. For similar provisions, see 9-11-6.2 NMSA 1978. Repeals and reenactments. — Laws 1989, ch. 201, § 5 repealed former 65-3-4 NMSA 1978, as enacted by Laws 1933, ch. 61, § 4, relating to penalty for violation of maximum driving hours provisions, and enacted a new 65-3-4 NMSA 1978, effective July 1, 1989. The 1992 amendment, effective July 1, 1992, substituted the present section catchline for "Motor Carrier Safety; Director of the Division; Authorization"; in Subsection A, rewrote the first sentence and substituted "or" for "nor" in the second sentence; and, in Subsection B, substituted "The department" for "In addition to the provisions of Subsection A of this section, the director" near the beginning of the Subsection, and inserted "by the motor carrier" near the end of the subsection. Temporary provisions. — Laws 1992, ch. 106, § 22, effective July 1, 1992, provided that all regulations in effect issued prior to July 1, 1992, with respect to the Motor Transportation Act shall continue in force until repealed, amended or superseded by regulations of the secretary of taxation and revenue. A lessor of trucks is not a motor carrier. — A lessor of trucks is not a motor carrier subject to statutory duties and regulatory duties of inspection, maintenance, and repair under the New Mexico Motor Carrier Safety Act, §§ 65-3-1 to -14 NMSA 1978. Hernandez v. Grando's LLC, 2018-NMCA-072. Defendant was not subject to the duties of inspection, maintenance, and repair imposed on motor carriers. — Where plaintiff injured himself while exiting a commercial truck that plaintiff's employer had leased from defendant, and where defendant's business was limited to leasing trucks to plaintiff's employer, plaintiff did not establish a disputed question of fact regarding defendant's alleged breach of statutory or regulatory duties of a motor carrier where the evidence established that defendant did not provide transportation of persons, property or household goods for hire or provide transportation for compensation; obligations imposed on motor carriers are not meant to apply to persons who lease vehicles to motor carriers. Hernandez v. Grando's LLC, 2018-NMCA-072.
NM Stat § 65-3-5 (2021)
2021 New Mexico Statutes|Chapter 65 - Motor Carriers|Article 3 - Motor Carrier Safety|Section 65-3-5 - Violation of act; penalty.

A. Any person who violates the provisions of the Motor Carrier Safety Act is guilty of a misdemeanor and shall be punished by a fine not exceeding five hundred dollars ($500) or thirty days in jail, or both. B. The director may, by regulation, authorize a penalty assessment program to impose penalties under the provisions of the Motor Carrier Safety Act. History: 1978 Comp., § 65-3-4, enacted by Laws 1989, ch. 201, § 6. ANNOTATIONSRepeals and reenactments. — Laws 1989, ch. 201, § 6 repealed former 65-3-5 NMSA 1978, as enacted by Laws 1947, ch. 171, § 1, relating to prohibition of stoves for heating private buses or trucks, and enacted a new section, effective July 1, 1989. For current provisions governing heating equipment, see 65-3-9 NMSA 1978.
NM Stat § 65-3-6 (2021)
2021 New Mexico Statutes|Chapter 65 - Motor Carriers|Article 3 - Motor Carrier Safety|Section 65-3-6 - Repealed.

ANNOTATIONSRepeals. — Laws 1990, ch. 21, § 4 repealed 65-3-6 NMSA 1978, as enacted by Laws 1947, ch. 171, § 2, relating to penalty for violating former 65-3-5 NMSA 1978, effective July 1, 1990. For provisions of former section, see the 1989 NMSA 1978 on NMOneSource.com.
NM Stat § 65-3-7 (2021)
2021 New Mexico Statutes|Chapter 65 - Motor Carriers|Article 3 - Motor Carrier Safety|Section 65-3-7 - Qualifications of drivers.

A. A person shall not drive a motor vehicle unless the person is qualified to drive a motor vehicle, and a motor carrier shall not require or permit a person to drive a motor vehicle unless that person is qualified to drive a motor vehicle. B. A person is qualified to drive a commercial motor carrier vehicle if the person: (1) is at least: (a) twenty-one years old; or (b) eighteen years old if involved only in intrastate commerce and drives only within the boundaries of the state of New Mexico; (2) is physically qualified to drive a motor vehicle; (3) is not disqualified from driving a motor vehicle; (4) has been issued a currently valid motor vehicle operator's license or permit of the proper class for the vehicle that the person is driving; (5) can, by reason of experience, training or both, safely operate the type of motor vehicle that the person drives; and (6) can, by reason of experience, training or both, determine whether the cargo that the person transports is properly located, distributed and secured in or on the motor vehicle that the person drives. C. The director shall adopt regulations requiring motor carriers to maintain appropriate records pertaining to the qualifications of every commercial motor carrier vehicle driver in its employ, either regularly or casually. Such regulations shall not be inconsistent with or more stringent than applicable federal safety standards. D. The director is authorized to adopt specific exceptions for the qualifications of drivers under the Motor Carrier Safety Act for drivers of articulated farm vehicles and intrastate drivers of motor vehicles transporting combustible liquids. History: 1978 Comp., § 65-3-7, enacted by Laws 1989, ch. 201, § 7; 2009, ch. 200, § 1. ANNOTATIONSThe 2009 amendment, effective July 1, 2009, in Subparagraph (b) of Paragraph (1) of Subsection B, after "eighteen years old", added "if involved only in intrastate commerce"; deleted former Subsection C, which authorized the director to adopt regulations pertaining to the qualifications and disqualification of commercial motor carrier vehicle drivers; and deleted former Subsection F, which provided that disqualification after receipt of a license is grounds for revocation of the license.
NM Stat § 65-3-8 (2021)
2021 New Mexico Statutes|Chapter 65 - Motor Carriers|Article 3 - Motor Carrier Safety|Section 65-3-8 - Equipment; loading; driving; unsafe practices.

A. No person shall drive a motor vehicle, and no motor carrier shall be required or permit a person to drive a motor vehicle, unless the driver has satisfied himself that: (1) all safety-related parts and accessories are in good working order; (2) the cargo and equipment are properly distributed and secured; and (3) the cargo and equipment do not obscure the driver's vision or range of motion. B. The director shall adopt regulations, not inconsistent with nor more stringent than applicable federal safety standards concerning: (1) the care and safety of stopped and disabled vehicles and the use of emergency signals; (2) restrictions on and eliminations of unsafe practices pertaining to the operation of vehicles; (3) the transportation of unauthorized persons and the driving of a vehicle by an unauthorized driver; (4) the use and operation of a vehicle in which carbon monoxide has been detected in the cab or sleeper berth; (5) procedures and precautions required for safe fueling of motor vehicles; (6) requirements for wearing corrective lenses and hearing aids when needed to meet physical qualifications; and (7) requirements for and use of lighted lamps on the highway. History: 1978 Comp., § 65-3-8, enacted by Laws 1989, ch. 201, § 8.
NM Stat § 65-3-9 (2021)
2021 New Mexico Statutes|Chapter 65 - Motor Carriers|Article 3 - Motor Carrier Safety|Section 65-3-9 - Commercial motor vehicles; equipment; regulations.

The director shall adopt regulations not inconsistent with or more stringent than applicable federal safety standards concerning the following parts and accessories necessary for the safe operation of a commercial motor carrier: A. lighting devices, reflectors and electrical equipment; B. brake systems and performance; C. glazing and window obstructions; D. fuel systems; E. coupling devices and towing methods; F. tires and wheels; G. heaters; H. exhaust systems; I. frames and body components; J. suspension systems; K. steering systems; L. cargo securement; M. emergency safety equipment; and N. any other miscellaneous parts and accessories he deems necessary. History: 1978 Comp., § 65-3-9, enacted by Laws 1989, ch. 201, § 9.
NM Stat § 65-3-10 (2021)
2021 New Mexico Statutes|Chapter 65 - Motor Carriers|Article 3 - Motor Carrier Safety|Section 65-3-10 - Notification, reporting and recording of accidents.

The director shall adopt rules and regulations not inconsistent with or more stringent than applicable federal safety standards concerning records and reports required to be made and kept by motor carriers of accidents which occur during their operations. Nothing in this section shall alter the requirements that drivers of commercial motor carrier vehicles report accidents under Section 66-7-201 NMSA 1978. History: 1978 Comp., § 65-3-10, enacted by Laws 1989, ch. 201, § 10.
NM Stat § 65-3-11 (2021)
2021 New Mexico Statutes|Chapter 65 - Motor Carriers|Article 3 - Motor Carrier Safety|Section 65-3-11 - Hours of service of drivers.

The director shall adopt rules and regulations not inconsistent with nor more stringent than applicable federal safety standards concerning the hours of service of drivers. A. These regulations shall include but not be limited to maximum driving and on-duty time, travel time, maintenance of a driver's log or record of duty status, adverse driving conditions, emergency conditions and emergency transportation. B. These regulations shall authorize a driver to be placed out-of-service for driving or working too many hours or any other conditions identified in federal safety standards and found by the director to contribute to unsafe operations. The out-of-service conditions shall preclude a driver from driving until the condition for placing the driver out-of-service is remedied. History: 1978 Comp., § 65-3-11, enacted by Laws 1989, ch. 201, § 11. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 48A Am. Jur. 2d Labor and Labor Relations § 4125 et seq. Hours of service or other conditions affecting drivers of motor trucks, statutes relating specifically to, 120 A.L.R. 295. Deviation from employment in use of employer's car during regular hours of work, 51 A.L.R.2d 8. Liability of land carrier to passenger who becomes victim of third party's assault on or about carrier's vehicle or premises, 34 A.L.R.4th 1054. 60 C.J.S. Motor Vehicles § 56.
NM Stat § 65-3-12 (2021)
2021 New Mexico Statutes|Chapter 65 - Motor Carriers|Article 3 - Motor Carrier Safety|Section 65-3-12 - Repair and maintenance.

The director shall adopt rules and regulations concerning the systematic inspection, repair and maintenance of all commercial motor carrier vehicles. The regulations shall not be inconsistent with or more stringent than applicable federal safety standards. A. The regulations shall provide for: (1) proper lubrication and absence of oil and grease leaks; (2) inspection of motor vehicles in operation by certified inspectors of the division at ports of entry, at suitable locations along the highway and at a carrier's place of business; (3) driver's vehicle inspection reports; (4) periodic vehicle inspection by the motor carrier, by a certified inspector of the division or by another inspector authorized by the director; (5) inspector qualifications; (6) minimum periodic inspection standards; and (7) record-keeping associated with these requirements. B. These regulations shall authorize a vehicle to be placed out-of-service because of mechanical or operational dysfunction causing a vehicle to be unsafe. The out-of-service condition shall preclude the use of the vehicle until the condition for placing the vehicle out-of-service is remedied. C. Motor carriers shall make safety-related records available to division enforcement personnel upon request. History: 1978 Comp., § 65-3-12, enacted by Laws 1989, ch. 201, § 12.
NM Stat § 65-3-13 (2021)
2021 New Mexico Statutes|Chapter 65 - Motor Carriers|Article 3 - Motor Carrier Safety|Section 65-3-13 - Transportation of hazardous materials.

The director shall adopt regulations not inconsistent with or more stringent than applicable federal safety standards concerning the safe transportation of hazardous materials, including hazardous substances and waste. A. These regulations shall include but not be limited to: (1) marking; (2) labeling; (3) placarding; (4) shipping documents; (5) hazardous material packaging; (6) driving; (7) parking; (8) attendance and surveillance of motor vehicles; (9) smoking; (10) fueling; (11) checking tires; (12) loading and securement; (13) cargo tanks; (14) damaged and leaking packagings and containers; (15) maintenance of emergency instructions and documents; and (16) avoidance of heavily populated areas and open fires. B. These regulations shall authorize a vehicle to be placed out-of-service because of an unsafe condition relating to the hazardous materials being transported. The out-of-service condition shall preclude the movement of the vehicle until the unsafe condition is remedied. History: 1978 Comp., § 65-3-13, enacted by Laws 1989, ch. 201, § 13.