2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 5 - Licensing of Operators and Chauffeurs; Financial Responsibility; Uninsured Motorists' Insurance; Identification Cards › Part 1A - COMMERCIAL DRIVERS' LICENSES › Section 66-5-65 - Classifications; endorsements; restrictions.

A. Commercial driver's licenses may be issued with the classifications, endorsements and restrictions enumerated in Subsections B, C and D of this section, provided that the applicant has passed the knowledge and skills test required by the department. The holder of a valid commercial driver's license may drive all vehicles in the class for which that license is issued and all lesser classes of vehicles except motorcycles and vehicles that require an endorsement, unless the proper endorsement appears on the license.
B. The following classifications shall apply to commercial driver's licenses:
(1) class A - any combination of vehicles with a gross combination weight rating of more than twenty-six thousand pounds, if the gross vehicle weight rating of the vehicle or vehicles being towed is in excess of ten thousand pounds;
(2) class B - any single vehicle with a gross vehicle weight rating of more than twenty-six thousand pounds and any such vehicle towing a vehicle with a gross vehicle weight rating of ten thousand pounds or less; and
(3) class C - any single vehicle or combination of vehicles that does not meet either the definition of Paragraph (1) or (2) of this subsection but is:
(a) designed to transport sixteen or more passengers, including the driver; or
(b) used in the transportation of hazardous materials, which requires the vehicle to be placarded under applicable law.
C. The secretary, by regulation, may provide for classifications in addition to those set forth in Subsection B of this section.
D. The following endorsements and restrictions shall apply to commercial driver's licenses:
(1) "H" - authorizes driving a vehicle transporting hazardous material;
(2) "L" - restricts the driver to vehicles not equipped with airbrakes;
(3) "T" - authorizes driving a vehicle towing more than one trailer;
(4) "P" - authorizes driving vehicles, other than school buses, carrying passengers;
(5) "N" - authorizes driving tank vehicles;
(6) "X" - represents a combination of the hazardous material ("H") and tank vehicle ("N") endorsements;
(7) "S" - authorizes driving a school bus; and
(8) "K" - restricts the driver to driving a commercial motor vehicle in intrastate commerce only.
E. The department shall require an applicant requesting a hazardous material ("H") endorsement to be subject to a background check pursuant to the federal Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001. Information received pursuant to a background check required by the federal transportation security administration of the department of homeland security shall be kept confidential and shall be released only to the subject of the background check and the division. Fees charged for the background check shall be borne by the subject of the background check or by the employer.
History:
Laws 1989, ch. 14, § 14; 1992, ch. 13, § 6; 1995, ch. 135, § 19; 1998, ch. 17, § 3; 2004, ch. 78, § 1; 2005, ch. 310, § 1; 2007, ch. 321, § 6.
ANNOTATIONS
The 2007 amendment,
effective April 2, 2007, amended Subsection A to require applicants to pass a knowledge and skills test.
The 2005 amendment,
effective June 17, 2005, in Subsection E, provided that background information required by the federal department of homeland security shall be kept confidential and released only the subject of the background check and that fees for the background check shall be paid by the subject or the employer.
The 2004 amendment,
effective July 1, 2004, added Subsection E.
The 1998 amendment,
effective May 20, 1998, in Paragraph B(1), substituted "combination weight rating" for "vehicle weight or a declared gross vehicle weight" near the beginning of the sentence and inserted "rating" preceding "of the vehicle" and "or vehicles" preceding "being towed" near the end of the sentence; in Paragraph B(2), substituted "rating" for "or a declared gross vehicle weight" near the beginning of the sentence and inserted "rating" preceding "of ten"; rewrote Paragraph B(3); substituted "material" for "materials" in Paragraph D(6); added Paragraph D(8); and made minor stylistic changes.
The 1995 amendment,
effective June 16, 1995, inserted "gross vehicle weight or a" and made minor stylistic changes in Paragraphs (1) through (3) of Subsection B.
The 1992 amendment,
effective April 1, 1992, substituted "Subsections B, C and D" for "Subsections B and C" in the first sentence of Subsection A; deleted "and classifications that may be set by regulation" following "classifications" in the introductory paragraph of Subsection B; added present Subsection C; redesignated former Subsection C as present Subsection D; substituted "towing more than one trailer" for "combination which includes a tractor, semitrailer and trailer" in Subsection D(3); and made minor stylistic changes throughout the section.