2023 New Mexico Statutes › Chapter 65 - Motor Carriers › Article 3 - Motor Carrier Safety › Section 65-3-3 - Applicability.

A. Notwithstanding any provision of the Motor Vehicle Code [Chapter 66, Articles 1 to 8 NMSA 1978] to the contrary, the provisions of the Motor Carrier Safety Act and the regulations promulgated under that act shall apply to a commercial motor carrier vehicle operating on the public highways of New Mexico of a type that:
(1) is operated interstate and has a gross vehicle weight rating or gross combination weight rating, or gross vehicle weight or gross combination weight, of four thousand five hundred thirty-six kilograms, or ten thousand one pounds or more; or is operated only in intrastate commerce and has a gross vehicle weight rating or gross combination weight rating, or gross vehicle weight or gross combination weight, of twenty-six thousand one or more pounds;
(2) is designed or used to transport more than eight passengers, including the driver, and is used to transport passengers for compensation;
(3) is designed or used to transport more than fifteen passengers, including the driver, and is not used to transport passengers for compensation; or
(4) is used to transport hazardous materials of the type or quantity requiring placarding under rules prescribed by applicable federal or state law.
B. Whenever a commercial motor carrier vehicle of one type is used to perform the functions normally performed by a motor vehicle of another type, the requirements of the Motor Carrier Safety Act shall apply to that motor vehicle and to its operation as if that motor vehicle were actually a motor vehicle of the latter type.
C. Whenever a duty is prescribed for a driver or a prohibition is imposed upon the driver pursuant to the provisions of the Motor Carrier Safety Act, it shall be the duty of the motor carrier to require observance of such prescription or prohibition. If the motor carrier is also the driver, the motor carrier shall likewise be bound.
History:
1978 Comp., § 65-3-3, enacted by Laws 1989, ch. 201, § 4; 1992, ch. 106, § 17; 2003, ch. 10, § 2.
ANNOTATIONS
Repeals and reenactments.
— Laws 1989, ch. 201, § 4 repealed former 65-3-3 NMSA 1978, as enacted by Laws 1933, ch. 61, § 3, relating to emergencies, and enacted a new 65-3-3 NMSA 1978, effective July 1, 1989.
The 2003 amendment,
effective July 1, 2003, in Subsection A, substituted "a commercial motor carrier vehicle" for "the following motor vehicles" and substituted the present Paragraphs A(1) to (4) for the former provisions that listed the vehicle types; and substituted "commercial motor carrier vehicle" for "motor vehicle" near the beginning of Subsection B.
The 1992 amendment,
effective July 1, 1992, rewrote the introductory paragraph of Subsection A, which formerly read: "The provisions of the Motor Carrier Safety Act shall apply to the following vehicles operating on the public highways of New Mexico:"; inserted "commercial" in Subsection A(2); substituted "motor vehicles" for "vehicles" in Subsection A(4); and made minor stylistic changes in Subsection C.
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.