reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 65 - Motor Carriers › Article 7 - Transportation Network Company Services › Section 65-7-1 - Short title.

Sections 1 through 22 [65-7-1 to 65-7-22 NMSA 1978] of this act may be cited as the "Transportation Network Company Services Act".
History:
Laws 2016, ch. 80, § 1.
ANNOTATIONS
Effective dates.
— Laws 2016, ch. 80 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 18, 2016, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 65 - Motor Carriers › Article 7 - Transportation Network Company Services › Section 65-7-1 - Short title. (Effective July 1, 2024.)

Chapter 65, Article 7 NMSA 1978 may be cited as the "Transportation Network Company Services Act".
History:
Laws 2016, ch. 80, § 1; 2023, ch. 100, § 68.
ANNOTATIONS
The 2023 amendment,
effective July 1, 2024, changed "Sections 1 through 22 of this act" to "Chapter 65, Article 7 NMSA 1978".
2023 New Mexico Statutes › Chapter 65 - Motor Carriers › Article 7 - Transportation Network Company Services › Section 65-7-3 - Not other carriers.

Transportation network companies and transportation network company drivers shall not be subject to the Motor Carrier Act [65-2A-1 to 65-2A-41 NMSA 1978] or deemed to provide any transportation service as defined in the Motor Carrier Act. A transportation network company driver shall not be required to register a personal vehicle as a commercial vehicle or vehicle for hire.
History:
Laws 2016, ch. 80, § 3.
ANNOTATIONS
Effective dates.
— Laws 2016, ch. 80 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 18, 2016, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 65 - Motor Carriers › Article 7 - Transportation Network Company Services › Section 65-7-4 - Transportation network company permit required.

A. A person shall not operate a transportation network company in New Mexico without first having obtained a permit from the public regulation commission.
B. A permit issued to a transportation network company by the public regulation commission shall be effective for one year.
C. The public regulation commission shall issue a permit to a transportation network company that meets the requirements set forth in the Transportation Network Company Services Act and any rules adopted by the commission pursuant to that act. The transportation network company shall pay an annual permit fee of ten thousand dollars ($10,000) to the commission.
History:
Laws 2016, ch. 80, § 4.
ANNOTATIONS
Effective dates.
— Laws 2016, ch. 80 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 18, 2016, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 65 - Motor Carriers › Article 7 - Transportation Network Company Services › Section 65-7-4 - Transportation network company permit required. (Effective July 1, 2024.)

A. A person shall not operate a transportation network company in New Mexico without first having obtained a permit from the department of transportation.
B. A permit issued to a transportation network company by the department of transportation shall be effective for one year.
C. The department of transportation shall issue a permit to a transportation network company that meets the requirements set forth in the Transportation Network Company Services Act and any rules adopted by the department pursuant to that act. The transportation network company shall pay an annual permit fee of ten thousand dollars ($10,000) to the department.
History:
Laws 2016, ch. 80, § 4; 2023, ch. 100, § 69.
ANNOTATIONS
The 2023 amendment,
effective July 1, 2024, removed references to the public regulation commission due to the transfer of certain powers and duties to the department of transportation; and changed each occurrence of "public regelation commission" or "commission" to "department of transportation" or "department" throughout the section.
2023 New Mexico Statutes › Chapter 65 - Motor Carriers › Article 7 - Transportation Network Company Services › Section 65-7-5 - Fare collected for services.

On behalf of a transportation network company driver, a transportation network company may charge a fare for the services provided to riders; provided that, if a fare is collected from a rider, the transportation network company shall disclose to the rider the fare calculation method, including the applicable rates and any fees, and shall provide an estimated fare before the rider enters a personal vehicle for a prearranged ride.
History:
Laws 2016, ch. 80, § 5.
ANNOTATIONS
Effective dates.
— Laws 2016, ch. 80 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 18, 2016, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 65 - Motor Carriers › Article 7 - Transportation Network Company Services › Section 65-7-6 - Identification of transportation network company vehicles and drivers.

A digital network shall display a current photograph of the transportation network company driver, and the license plate number, state of vehicle registration and make and model of the personal vehicle for a prearranged ride.
History:
Laws 2016, ch. 80, § 6.
ANNOTATIONS
Effective dates.
— Laws 2016, ch. 80 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 18, 2016, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 65 - Motor Carriers › Article 7 - Transportation Network Company Services › Section 65-7-7 - Electronic receipt.

Within twenty-four hours after the completion of a prearranged ride, a transportation network company shall electronically transmit a receipt to the rider that includes:
A. the origin and destination addresses of the prearranged ride;
B. the total time elapsed of and distance of the prearranged ride; and
C. an itemization of the total fare paid, if any.
History:
Laws 2016, ch. 80, § 7.
ANNOTATIONS
Effective dates.
— Laws 2016, ch. 80 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 18, 2016, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 65 - Motor Carriers › Article 7 - Transportation Network Company Services › Section 65-7-9 - Insurance coverage disclosures.

A transportation network company shall disclose in writing to its transportation network company drivers:
A. the insurance coverage that the transportation network company provides the transportation network company driver while the driver is logged on to a digital network, including the types of coverage and the limits for each coverage; and
B. that the transportation network company driver's insurance policy might exclude coverage while the driver is logged on to the transportation network company's digital network or while engaged in a prearranged ride.
History:
Laws 2016, ch. 80, § 9.
ANNOTATIONS
Effective dates.
— Laws 2016, ch. 80 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 18, 2016, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 65 - Motor Carriers › Article 7 - Transportation Network Company Services › Section 65-7-10 - Automobile insurance provisions.

A. Insurers that write automobile insurance in New Mexico may exclude any part or all coverage of and the duty to defend and indemnify an owner or operator of a personal vehicle for any loss or injury that occurs while a driver is logged on to a digital network or while engaged in a prearranged ride. Such exclusions shall apply notwithstanding requirements of the Mandatory Financial Responsibility Act [66-5-201 to 66-5-239 NMSA 1978].
B. In a claims coverage investigation, a transportation network company and any insurer providing coverage for the transportation network company driver shall disclose the precise times that a transportation network company driver logged on and off of the transportation network company's digital network in the twelve-hour period immediately preceding an accident, and in the twelve-hour period immediately following the accident, and disclose all coverage, exclusions and policy limits provided for all insurance maintained under the Transportation Network Company Services Act.
C. If a transportation network company's insurer makes a payment for a claim covered under comprehensive coverage or collision coverage, and for property damage to a vehicle subject to a finance lien, the transportation network company shall cause its insurer to issue the payment directly to the business repairing the vehicle or jointly to the owner of the vehicle and any lienholder.
History:
Laws 2016, ch. 80, § 10.
ANNOTATIONS
Effective dates.
— Laws 2016, ch. 80 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 18, 2016, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 65 - Motor Carriers › Article 7 - Transportation Network Company Services › Section 65-7-11 - Zero tolerance for drug or alcohol use.

A. A transportation network company shall implement and enforce a zero-tolerance policy regarding drug and alcohol use by transportation network company drivers. The zero-tolerance policy shall prohibit any use or impairment due to intoxicating drugs or liquor while a transportation network company driver is providing prearranged rides or is logged on to the transportation network company's digital network.
B. A transportation network company shall publish on its website notice of its zero-tolerance policy, as well as procedures for a rider to report a complaint about a driver suspected to have been under the influence of illegal drugs or alcohol during a prearranged ride.
C. A transportation network company shall immediately conduct an investigation into every reported complaint of violation of its zero-tolerance policy, and the policy shall include procedures for suspension or termination of transportation network company drivers.
D. A transportation network company shall maintain records relevant to the enforcement of the requirements of this section for a period of at least four years from the date that a rider complaint is received by the transportation network company.
History:
Laws 2016, ch. 80, § 11.
ANNOTATIONS
Effective dates.
— Laws 2016, ch. 80 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 18, 2016, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 65 - Motor Carriers › Article 7 - Transportation Network Company Services › Section 65-7-12 - Transportation network company driver requirements.

A. Before allowing a transportation network company driver to accept prearranged ride requests through a transportation network company's digital network:
(1) the prospective driver shall submit an application to the transportation network company that includes the individual's address, age, driver's license number and state, driving history, motor vehicle registration and proof of the insurance required;
(2) the transportation network company shall obtain a local and national criminal background check for the prospective driver that shall include:
(a) multistate or multi-jurisdiction criminal records locator or other similar commercial nationwide database with validation and primary source search; and
(b) a national sex offender registry; and
(3) the transportation network company shall obtain and review a driving history research report for the prospective driver.
B. A transportation network company shall not permit a person to act as a transportation network company driver who:
(1) has had more than three moving violations in the preceding three-year period or one violation in the preceding three-year period involving any attempt to evade law enforcement, reckless driving or driving on a suspended or revoked license;
(2) has been convicted within the past seven years of:
(a) a felony;
(b) misdemeanor driving under the influence, reckless driving, leaving the scene of an accident or any other driving-related offense or any misdemeanor violent offense or sexual offense; or
(c) more than three misdemeanors of any kind;
(3) is identified by a national sex offender registry;
(4) does not possess a valid license;
(5) does not possess proof of registration for the motor vehicle used to provide prearranged rides;
(6) does not possess proof of automobile liability insurance for the motor vehicle used to provide prearranged rides; or
(7) is not at least twenty-one years old.
C. A transportation network company driver shall not provide prearranged rides for more than twelve hours out of any twenty-four-hour period.
History:
Laws 2016, ch. 80, § 12.
ANNOTATIONS
Effective dates.
— Laws 2016, ch. 80 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 18, 2016, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 65 - Motor Carriers › Article 7 - Transportation Network Company Services › Section 65-7-13 - Vehicle safety.

A. A transportation network company shall not allow a driver to be connected to potential passengers using the digital network or software application service of the transportation network company if the motor vehicle operated by the driver to provide transportation services:
(1) is not in compliance with all federal, state and local laws concerning the operation and maintenance of the motor vehicle;
(2) has fewer than four doors; or
(3) is designed to carry more than eight passengers, including the driver.
B. A transportation network company shall inspect or cause to be inspected every motor vehicle used by a driver to provide transportation services before allowing the driver to use the motor vehicle to provide prearranged rides and not less than once each year thereafter.
C. The public regulation commission shall promulgate rules and regulations setting forth the requirements of annual inspection of a vehicle used by a transportation network company driver while logged on to a digital network or engaged in a prearranged ride.
History:
Laws 2016, ch. 80, § 13.
ANNOTATIONS
Effective dates.
— Laws 2016, ch. 80 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 18, 2016, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 65 - Motor Carriers › Article 7 - Transportation Network Company Services › Section 65-7-13 - Vehicle safety. (Effective July 1, 2024.)

A. A transportation network company shall not allow a driver to be connected to potential passengers using the digital network or software application service of the transportation network company if the motor vehicle operated by the driver to provide transportation services:
(1) is not in compliance with all federal, state and local laws concerning the operation and maintenance of the motor vehicle;
(2) has fewer than four doors; or
(3) is designed to carry more than eight passengers, including the driver.
B. A transportation network company shall inspect or cause to be inspected every motor vehicle used by a driver to provide transportation services before allowing the driver to use the motor vehicle to provide prearranged rides and not less than once each year thereafter.
C. The department of transportation shall promulgate rules setting forth the requirements of annual inspection of a vehicle used by a transportation network company driver while logged on to a digital network or engaged in a prearranged ride.
History:
Laws 2016, ch. 80, § 13; 2023, ch. 100, § 70.
ANNOTATIONS
The 2023 amendment,
effective July 1, 2024, removed a reference to the public regulation commission due to the transfer of certain powers and duties to the department of transportation; and in Subsection C, changed "public regulation commission" to "department of transportation".
2023 New Mexico Statutes › Chapter 65 - Motor Carriers › Article 7 - Transportation Network Company Services › Section 65-7-14 - No street hails.

A transportation network company driver shall not solicit or accept street hails.
History:
Laws 2016, ch. 80, § 14.
ANNOTATIONS
Effective dates.
— Laws 2016, ch. 80 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 18, 2016, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 65 - Motor Carriers › Article 7 - Transportation Network Company Services › Section 65-7-15 - No cash trips.

A transportation network company shall adopt and enforce a policy prohibiting solicitation or acceptance of cash payments from riders. Any payment for prearranged rides shall be made only electronically by a digital network.
History:
Laws 2016, ch. 80, § 15.
ANNOTATIONS
Effective dates.
— Laws 2016, ch. 80 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 18, 2016, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 65 - Motor Carriers › Article 7 - Transportation Network Company Services › Section 65-7-16 - Nondiscrimination; accessibility.

A. A transportation network company shall adopt a written policy of nondiscrimination on the basis of destination, race, color, national origin, religious belief or affiliation, sex, disability, age, sexual orientation or gender identity with respect to transportation network company drivers, riders and potential riders and shall notify transportation network company drivers of the policy.
B. Transportation network company drivers shall comply with all applicable laws regarding nondiscrimination against transportation network company drivers, riders or potential riders on the basis of destination, race, color, national origin, religious belief or affiliation, sex, disability, age, sexual orientation or gender identity.
C. Transportation network company drivers shall comply with all applicable laws relating to accommodation of service animals.
D. A transportation network company shall not impose additional charges for providing services to persons with physical disabilities.
E. A transportation network company shall provide riders an opportunity to indicate whether they require a wheelchair-accessible vehicle. If a transportation network company cannot arrange a wheelchair-accessible prearranged ride in any instance, it shall direct the rider to an alternate provider of wheelchair-accessible service, if available.
History:
Laws 2016, ch. 80, § 16.
ANNOTATIONS
Effective dates.
— Laws 2016, ch. 80 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 18, 2016, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 65 - Motor Carriers › Article 7 - Transportation Network Company Services › Section 65-7-17 - Records.

A. A transportation network company shall maintain:
(1) individual prearranged ride records for at least four years from the date each ride was provided; and
(2) individual records of transportation network company drivers for at least four years after the driver's relationship with the transportation network company has ended.
B. A transportation network company and a transportation network company driver shall not use or disclose a transportation network company rider's personal identifiable information to a third party unless the rider consents; disclosure is required by court order; or disclosure is required to investigate violations of the Transportation Network Company Services Act.
History:
Laws 2016, ch. 80, § 17.
ANNOTATIONS
Effective dates.
— Laws 2016, ch. 80 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 18, 2016, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 65 - Motor Carriers › Article 7 - Transportation Network Company Services › Section 65-7-18 - Controlling authority.

A. No municipality or other local entity may impose a tax on or require a license for a transportation network company, a transportation network company driver or a vehicle used by a transportation network company driver where a tax or license relates to providing prearranged rides or subjects a transportation network company to the municipality's or other local entity's rate, tax, license, entry, operational or other requirements, except for generally applicable business licenses or taxes.
B. Nothing in this section prohibits an airport with more than one million annual enplanements, as reported by the federal aviation administration in the previous calendar year, from requiring a transportation network company to establish fees and other requirements to operate at that airport.
History:
Laws 2016, ch. 80, § 18.
ANNOTATIONS
Effective dates.
— Laws 2016, ch. 80 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 18, 2016, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 65 - Motor Carriers › Article 7 - Transportation Network Company Services › Section 65-7-19 - Transportation division fund created; assessment and collection of fees.

A. The "transportation division fund" is created in the state treasury for the purpose of ensuring the safety and financial responsibility of transportation network companies and transportation network company drivers. The fund shall consist of fees collected pursuant to the Transportation Network Company Services Act, administrative fines collected under that act, appropriations, gifts, grants, donations and earnings on investment of the fund. Balances in the fund shall not revert to the general fund or any other fund at the end of any fiscal year.
B. The transportation division fund shall be administered by the public regulation commission. Money in the fund is appropriated to the commission to carry out its duties pursuant to the provisions of the Transportation Network Company Services Act. Not more than five percent of the fees collected pursuant to this section shall be used by the commission for administrative purposes.
C. Payments from the transportation division fund shall be made upon vouchers issued and signed by the director of the administrative services division of the public regulation commission or the director's authorized representative upon warrants drawn by the secretary of finance and administration.
History:
Laws 2016, ch. 80, § 19.
ANNOTATIONS
Effective dates.
— Laws 2016, ch. 80 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 18, 2016, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 65 - Motor Carriers › Article 7 - Transportation Network Company Services › Section 65-7-19 - Transportation network fund created; assessment and collection of fees. (Effective July 1, 2024.)

A. The "transportation network fund" is created in the state treasury for the purpose of ensuring the safety and financial responsibility of transportation network companies and transportation network company drivers. The fund shall consist of fees collected pursuant to the Transportation Network Company Services Act, appropriations, gifts, grants, donations and earnings on investment of the fund. Balances in the fund shall not revert to the general fund or any other fund at the end of any fiscal year.
B. The transportation network fund shall be administered by the department of transportation. Money in the fund is appropriated to the department to carry out its duties pursuant to the provisions of the Transportation Network Company Services Act. Not more than five percent of the fees collected pursuant to this section shall be used by the department for administrative purposes.
C. Payments from the transportation network fund shall be made upon vouchers issued and signed by the secretary of transportation or the secretary's authorized representative upon warrants drawn by the secretary of finance and administration.
History:
Laws 2016, ch. 80, § 19; 2023, ch. 100, § 71.
ANNOTATIONS
The 2023 amendment,
effective July 1, 2024, removed references to the public regulation commission due to the transfer of certain powers and duties to the department of transportation, changed each occurrence of "public regulation commission" or "commission" to "department of transportation" or "department" throughout the section; in Subsection A, after "Transportation Network Company Services Act", deleted "administrative fines collected under that act"; in Subsections B and C, after "The transportation", deleted "division" and added "network"; and in Subsection C, after "signed by the", deleted "director of the administrative services division of the pubic regulation commission or the director's" and added "secretary of transportation or the secretary's".
2023 New Mexico Statutes › Chapter 65 - Motor Carriers › Article 7 - Transportation Network Company Services › Section 65-7-20 - Records pursuant to rules of the public regulation commission.

A. A transportation network company holding a permit issued by the public regulation commission shall maintain the records required pursuant to the Transportation Network Company Services Act to be collected by the transportation network company, including records regarding transportation network company drivers.
B. In response to a specific complaint, the public regulation commission, its employees or its duly authorized agents may inspect those records held by a transportation network company for the investigation and resolution of the complaint.
C. No more than semiannually and as determined by the public regulation commission, the commission, its employees or its duly authorized agents may, in a mutually agreed setting, inspect those records held by a transportation network company whose review is necessary to ensure public safety; provided that such review shall be on an audit rather than a comprehensive basis.
D. Any proprietary records obtained by the public regulation commission pursuant to this section shall not be subject to disclosure by the commission.
History:
Laws 2016, ch. 80, § 20.
ANNOTATIONS
Effective dates.
— Laws 2016, ch. 80 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 18, 2016, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 65 - Motor Carriers › Article 7 - Transportation Network Company Services › Section 65-7-20 - Records pursuant to rules of the department of transportation. (Effective July 1, 2024.)

A. A transportation network company holding a permit issued by the department of transportation shall maintain the records required pursuant to the Transportation Network Company Services Act to be collected by the transportation network company, including records regarding transportation network company drivers.
B. In response to a specific complaint, the department of transportation, its employees or its duly authorized agents may inspect those records held by a transportation network company for the investigation and resolution of the complaint.
C. No more than semiannually and as determined by the department of transportation, the department, its employees or its duly authorized agents may, in a mutually agreed setting, inspect those records held by a transportation network company whose review is necessary to ensure public safety; provided that such review shall be on an audit rather than a comprehensive basis.
D. Any proprietary records obtained by the department of transportation pursuant to this section shall not be subject to disclosure by the department.
History:
Laws 2016, ch. 80, § 20; 2023, ch. 100, § 72.
ANNOTATIONS
The 2023 amendment,
effective July 1, 2024, removed references to the public regulation commission due to the transfer of certain powers and duties to the department of transportation; and changed each occurrence of "public regulation commission" or "commission" to "department of transportation" or "department" throughout the section.
2023 New Mexico Statutes › Chapter 65 - Motor Carriers › Article 7 - Transportation Network Company Services › Section 65-7-21 - Administrative penalties.

A. If the public regulation commission finds after investigation that a provision of the Transportation Network Company Services Act or an order or rule of the commission is being, has been or is about to be violated, it may issue an order specifying the actual or proposed acts or omissions to act that constitute a violation and require that the violation be discontinued, rectified or prevented.
B. Notwithstanding the existence of any other penalties, the public regulation commission may assess an administrative fine of not more than one thousand dollars ($1,000) for each violation of a provision of the Transportation Network Company Services Act or of a lawful rule or order of the commission. In the case of a continuing violation, each day's violation shall be deemed to be a separate and distinct offense.
C. All penalties accruing under the Transportation Network Company Services Act shall be cumulative, and a suit for recovery of one penalty shall not be a bar to or affect the recovery of any other penalty or be a bar to any criminal prosecution.
History:
Laws 2016, ch. 80, § 21.
ANNOTATIONS
Effective dates.
— Laws 2016, ch. 80 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 18, 2016, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 65 - Motor Carriers › Article 7 - Transportation Network Company Services › Section 65-7-21 - Administrative penalties. (Effective July 1, 2024.)

A. If the department of transportation finds after investigation that a provision of the Transportation Network Company Services Act or an order or rule of the department is being, has been or is about to be violated, it may issue an order specifying the actual or proposed acts or omissions to act that constitute a violation and require that the violation be discontinued, rectified or prevented.
B. Notwithstanding the existence of any other penalties, the department of transportation may assess an administrative fine of not more than one thousand dollars ($1,000) for each violation of a provision of the Transportation Network Company Services Act or of a lawful rule or order of the department. In the case of a continuing violation, each day's violation shall be deemed to be a separate and distinct offense.
C. All penalties accruing under the Transportation Network Company Services Act shall be cumulative, and a suit for recovery of one penalty shall not be a bar to or affect the recovery of any other penalty or be a bar to any criminal prosecution.
History:
Laws 2016, ch. 80, § 21; 2023, ch. 100, § 73.
ANNOTATIONS
The 2023 amendment,
effective July 1, 2024, removed references to the public regulation commission due to the transfer of certain powers and duties to the department of transportation; and changed each occurrence of "public regulation commission" or "commission" to "department of transportation" or "department" throughout the section.
2023 New Mexico Statutes › Chapter 65 - Motor Carriers › Article 7 - Transportation Network Company Services › Section 65-7-22 - Involuntary suspension and revocation.

A. The public regulation commission shall immediately suspend, without notice or a hearing, the permit of a transportation network company that:
(1) does not continuously maintain the insurance coverage prescribed by the Transportation Network Company Services Act;
(2) does not pay the fees owed by the transportation network company and the transportation network company's drivers; or
(3) operates in a manner that poses an immediate or imminent threat to public safety.
B. Once suspended, the transportation network company may apply for reinstatement by requesting a public hearing before the public regulation commission and shall establish that the basis for the suspension has been corrected.
History:
Laws 2016, ch. 80, § 22.
ANNOTATIONS
Effective dates.
— Laws 2016, ch. 80 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 18, 2016, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 65 - Motor Carriers › Article 7 - Transportation Network Company Services › Section 65-7-22 - Involuntary suspension and revocation. (Effective July 1, 2024.)

A. The department of transportation shall immediately suspend, without notice or a hearing, the permit of a transportation network company that:
(1) does not continuously maintain the insurance coverage prescribed by the Transportation Network Company Services Act;
(2) does not pay the fees owed by the transportation network company and the transportation network company's drivers; or
(3) operates in a manner that poses an immediate or imminent threat to public safety.
B. Once suspended, the transportation network company may apply for reinstatement by requesting a public hearing before the department of transportation and shall establish that the basis for the suspension has been corrected.
History:
Laws 2016, ch. 80, § 22; 2023, ch. 100, § 74.
ANNOTATIONS
The 2023 amendment,
effective July 1, 2024, removed references to the public regulation commission due to the transfer of certain powers and duties to the department of transportation; and changed each occurrence of "public regulation commission" to "department of transportation" throughout the section.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 1 - General Provisions › Section 66-1-1 - Short title.

Articles 1 through 8 of Chapter 66 NMSA 1978 [except 66-7-102.1 NMSA 1978] may be cited as the "Motor Vehicle Code".
History:
1953 Comp., § 64-1-1, enacted by Laws 1978, ch. 35, § 1.
ANNOTATIONS
Constitutionality.
— The former Motor Vehicle Act was not constitutionally objectionable under N.M. Const., art. IV, § 16. The mere inclusion of other provisions logically within the scope of the title and relating to the general subject of motor vehicles did not violate the "one subject" restriction.
State v. Roybal
, 1960-NMSC-012, 66 N.M. 416, 349 P.2d 332.
Municipalities may adopt motor vehicle ordinances
notwithstanding state statutes cover the same subjects and provide penalties for violations. 1960 Op. Att'y Gen. No. 60-218.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— Validity, construction, and effect of statutes or ordinances forbidding automotive "cruising" - practice of driving repeatedly through loop of public roads through city, 87 A.L.R.4th 1110.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 1 - General Provisions › Section 66-1-2 - Severability.

If any part or application of the Motor Vehicle Code is held invalid, the remainder, or its application to other situations or persons, shall not be affected.
History:
1953 Comp., § 64-1-2, enacted by Laws 1978, ch. 35, § 2.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 1 - General Provisions › Section 66-1-3 - Savings clauses.

A. All valid certificates of title issued under the provisions of previously existing laws shall continue in effect and shall be considered as having been issued under the provisions of the Motor Vehicle Code.
B. All registration cards and registration plates issued under the provisions of previously existing laws shall continue to be valid until their expiration or termination as determined by the prior law.
C. All liens and bonds filed under the provisions of previously existing laws shall continue to be valid until their expiration or termination as determined by the prior law.
D. All licenses and all demonstration numbers, special plates and special permits issued under the provisions of previously existing law shall continue to be valid until their expiration or termination as determined by the prior law.
E. The division is directed to administer the provisions of previously existing laws to effect the provisions of this section.
History:
1953 Comp., § 64-1-3, enacted by Laws 1978, ch. 35, § 3; 1987, ch. 268, § 16.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 1 - General Provisions › Section 66-1-4.2 - Definitions.

As used in the Motor Vehicle Code:
A. "bicycle" means every device propelled by human power upon which any person may ride, having two tandem wheels, except scooters and similar devices;
B. "bureau" means the traffic safety bureau of the department of transportation;
C. "bus" means every motor vehicle designed and used for the transportation of persons and every motor vehicle, other than a taxicab, designed and used for the transportation of persons for compensation; and
D. "business district" means the territory contiguous to and including a highway when within any three hundred feet along the highway there are buildings in use for business or industrial purposes, including but not limited to hotels, banks or office buildings, railroad stations and public buildings that occupy at least fifty percent of the frontage on one side or fifty percent of the frontage collectively on both sides of the highway.
History:
1978 Comp., § 66-1-4.2, enacted by Laws 1990, ch. 120, § 3; 1993, ch. 68, § 38; 2015, ch. 3, § 33.
ANNOTATIONS
The 2015 amendment,
effective July 1, 2015, amended certain definitions in the Motor Vehicle Code to reflect the reorganization of the department of public safety; in Subsection B, after "bureau of the", deleted "state highway and" and added "department of", and after "transportation", deleted "department".
The 1993 amendment,
effective July 1, 1993, inserted present Subsection B and redesignated former Subsections B and C as Subsections C and D.
Frontage of buildings within 300-foot area is what determines
whether the scene of an accident is within a residential or business district rather than the combined area of the buildings and yards.
Floeck v. Hoover
, 1948-NMSC-021, 52 N.M. 193, 195 P.2d 86.
Not error to refuse instruction where definitional criteria not met.
— Where a total distance of 640.9 feet, 396.5 feet was found to be building frontage that within any given 300-foot distance the building frontage was less than 50%, and there was no substantial evidence that the area in question was a business district, the trial judge's refusal to allow instruction on defining area as a business district was not error.
Stoll v. Galles Motor Co.
, 1955-NMSC-097, 60 N.M. 186, 289 P.2d 626.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 1 - General Provisions › Section 66-1-4.6 - Definitions.

As used in the Motor Vehicle Code:
A. "farm tractor" means every motor vehicle designed and used primarily as a farm implement for drawing plows, mowing machines and other implements of husbandry;
B. "financial responsibility" means the ability to respond in damages for liability resulting from traffic accidents arising out of the ownership, maintenance or use of a motor vehicle of a type subject to registration under the laws of New Mexico, in amounts not less than specified in the Mandatory Financial Responsibility Act [66-5-201 to 66-5-239 NMSA 1978] or having in effect a motor vehicle insurance policy. "Financial responsibility" includes a motor vehicle insurance policy, a surety bond or evidence of a sufficient cash deposit with the state treasurer;
C. "first offender" means a person who for the first time under state or federal law or a municipal ordinance or a tribal law has been adjudicated guilty of the charge of driving a motor vehicle while under the influence of intoxicating liquor or any other drug that renders the person incapable of safely driving a motor vehicle, regardless of whether the person's sentence was suspended or deferred;
D. "flammable liquid" means any liquid that has a flash point of seventy degrees fahrenheit or less, as determined by a tagliabue or equivalent closed-cup test device;
E. "foreign jurisdiction" means any jurisdiction other than a state of the United States or the District of Columbia;
F. "foreign vehicle" means every vehicle of a type required to be registered under the provisions of the Motor Vehicle Code brought into this state from another state, territory or country; and
G. "freight trailer" means any trailer, semitrailer or pole trailer drawn by a truck tractor or road tractor, and any trailer, semitrailer or pole trailer drawn by a truck that has a gross vehicle weight of more than twenty-six thousand pounds, but "freight trailer" does not include manufactured homes, trailers of less than one-ton carrying capacity used to transport animals or fertilizer trailers of less than three thousand five hundred pounds empty weight.
History:
1978 Comp., § 66-1-4.6, enacted by Laws 1990, ch. 120, § 7; 1998, ch. 34, § 2; 2003, ch. 164, § 1.
ANNOTATIONS
The 2003 amendment,
effective July 1, 2003, substituted "a municipal ordinance or a tribal law" for "municipal ordinance" following "federal law or" in Subsection C.
The 1998 amendment,
effective July 1, 1998, in Subsection B, substituted "or having in effect a motor vehicle insurance policy." for "the term" at the end of the first sentence, and substituted "Financial responsibility includes a motor vehicle insurance policy" for "liability policy, a certified motor vehicle liability" in the last sentence; in Subsection G, substituted "freight trailer" for "the term" near the middle of the subsection; and made minor stylistic changes.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 1 - General Provisions › Section 66-1-4.7 - Definitions.

As used in the Motor Vehicle Code:
A. "gross combination vehicle weight" means the total of the gross vehicle weights of all units of a combination;
B. "gross combination weight rating" means the value specified by the manufacturer as the loaded weight of a combination; however, in the absence of a value specified by the manufacturer, the gross combination weight rating shall be determined by adding the gross vehicle weight rating of the power unit and the total weight of the towed unit or units and the load on those units;
C. "gross factory shipping weight" means the weight indicated on the manufacturer's certificate of origin;
D. "gross vehicle weight" means the weight of a loaded vehicle; and
E. "gross vehicle weight rating" means the value specified by the manufacturer as the loaded weight of a single vehicle.
History:
1978 Comp., § 66-1-4.7, enacted by Laws 1990, ch. 120, § 8; 2007, ch. 319, § 5.
ANNOTATIONS
The 2007 amendment,
effective June 15, 2007, replaced the vehicle weight definitions with new definitions.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 39A C.J.S. Highways, Streets and Bridges § 1; 60 C.J.S. Motor Vehicles §§ 1 to 8, 16.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 1 - General Provisions › Section 66-1-4.8 - Definitions.

As used in the Motor Vehicle Code:
A. "hazardous material" means a substance or material in a quantity and form that may pose an unreasonable risk to health, safety or property when transported in commerce;
B. "highway" or "street" means every way or place generally open to the use of the public as a matter of right for the purpose of vehicular travel, even though it may be temporarily closed or restricted for the purpose of construction, maintenance, repair or reconstruction;
C. "historic or special interest vehicle" means a vehicle of any age that, because of its significance, is being collected, preserved, restored or maintained by a collector as a leisure pursuit;
D. "horseless carriage" means a motor vehicle at least thirty-five years old that is owned as a collector's item and used solely for exhibition and educational purposes; and
E. "house trailer" means a manufactured home.
History:
1978 Comp., § 66-1-4.8, enacted by Laws 1990, ch. 120, § 9; 1991, ch. 160, § 3.
ANNOTATIONS
The 1991 amendment,
effective July 1, 1991, substituted "material" for "materials" in Subsection A; added Subsection E; and made related stylistic changes.
"Highway".
— Careless driving, as defined in Section 66-8-114 NMSA 1978, cannot be committed in a parking lot, because a parking lot does not fall within the plain meaning or the statutory definition of "highway."
State v. Brennan
, 1998-NMCA-176, 126 N.M. 389, 970 P.2d 161, cert. denied, 126 N.M. 532, 972 P.2d 351.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 1 - General Provisions › Section 66-1-4.10 - Definitions.

As used in the Motor Vehicle Code:
A. "laned roadway" means a roadway that is divided into two or more clearly marked lanes for vehicular traffic;
B. "law enforcement agency designated by the division" means the law enforcement agency indicated on the dismantler's notification form as the appropriate agency for the receipt of the appropriate copy of that form;
C. "lawful status" means the legal right to be present in the United States, as that phrase is used in the federal REAL ID Act of 2005;
D. "license", without modification, means any license, permit or driving authorization card issued by a state or other jurisdiction recognized under the laws of New Mexico pertaining to the authorizing of persons to operate motor vehicles and includes a REAL ID-compliant driver's license and a standard driver's license;
E. "lien" or "encumbrance" means every chattel mortgage, conditional sales contract, lease, purchase lease, sales lease, contract, security interest under the Uniform Commercial Code [Chapter 55 NMSA 1978] or other instrument in writing having the effect of a mortgage or lien or encumbrance upon, or intended to hold, the title to any vehicle in the former owner, possessor or grantor; and
F. "local authorities" means every county, municipality and any local board or body having authority to enact laws relating to traffic under the constitution and laws of this state.
History:
1978 Comp., § 66-1-4.10, enacted by Laws 1990, ch. 120, § 11; 2016, ch. 79, § 2; 2019, ch. 167, § 3.
ANNOTATIONS
The 2019 amendment,
effective October 1, 2019, revised the definition of "license" as used in the Motor Vehicle Code; and in Subsection D, after "authorization card", added "issued by a state or other jurisdiction", and after "operate motor vehicles", added "and includes a REAL ID-compliant driver's license and a standard driver's license".
The 2016 amendment,
effective May 18, 2016, added the definition of "lawful status" and amended the definition of "license" as used in the Motor Vehicle Code; added a new Subsection C and redesignated the succeeding subsections accordingly; and in Subsection D, after "means any license", deleted "temporary instruction", after "permit or", deleted "temporary license issued or" and added "driving authorization card", and after "pertaining to the", deleted "licensing" and added "authorizing".
Powers of local authorities.
— A county as a "local authority" as defined in Section 66-1-4.10E NMSA 1978 has the powers granted to local authorities in Sections 66-7-8 and 66-7-9 NMSA 1978, to enact motor vehicle ordinances.
Board of Comm'rs v. Greacen
, 2000-NMSC-016, 129 N.M. 177, 3 P.3d 672.
Mortgages creating lien must be in writing.
— Chattel mortgages and instruments having the effect of placing a lien on personal property are required to be in writing.
Clovis Fin. Co. v. Sides
, 1963-NMSC-065, 72 N.M. 17, 380 P.2d 173.