reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 64 - Aeronautics › Article 5 - Salvage of Crashed Aircraft › Section 64-5-1 - Abandonment of crashed aircraft.

Any aircraft which has crashed and which has not been removed from the site of the crash is conclusively presumed to be abandoned by the owner if:
A. one year has elapsed from the time that the aircraft was released to the owner by the federal agency responsible for investigating the crash; and
B. the owner is not currently and actively engaged in the removal of the aircraft.
History:
1953 Comp., § 44-6-1, enacted by Laws 1975, ch. 18, § 1.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
2A C.J.S. Aeronautics and Aerospace § 4.
2023 New Mexico Statutes › Chapter 64 - Aeronautics › Article 5 - Salvage of Crashed Aircraft › Section 64-5-2 - Issuance of salvage permits.

A. The aviation division of the transportation department [department of transportation] may issue a salvage permit for the salvaging and removal of any crashed aircraft which it finds to be abandoned. The permit shall be issued pursuant to rules and regulations promulgated by the aviation division; provided that:
(1) no permit shall be issued if the owner or the lessee of the land on which the crashed aircraft is located has already removed the aircraft or is currently and actively engaged in such removal;
(2) no permit shall be issued until thirty days after notice has been given to the owner of the aircraft and the owner or the lessee of the land on which the aircraft is located and if either requests a hearing within thirty days after such notification, then no permit shall be issued until a hearing has been held by the aviation division, at which all parties shall have a full and adequate opportunity to be heard, a finding of fact made and a determination that such permit should be issued or denied;
(3) no permit shall be issued until a bond is filed with the division, in the name of the owner or the lessee of the land on which the crashed aircraft is located, in an amount and on a form approved by the aviation division, issued by a corporate surety company licensed to do business in New Mexico and conditioned upon the salvaging and removing of the crashed aircraft without damage to property, unless the necessity of the bond is waived, in writing, by the owner or lessee of the land; and
(4) no permit shall be issued to a holder of a prior terminated salvage permit for the same crashed aircraft.
B. The holder of a valid permit has title to the crashed aircraft specified therein free from all claims of the owner, of any holders of a prior terminated permit, of the owner or lessee of the land on which the aircraft is located and of all persons claiming through or under them.
History:
1953 Comp., § 44-6-2, enacted by Laws 1975, ch. 18, § 2; 1977, ch. 250, § 32.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
2023 New Mexico Statutes › Chapter 64 - Aeronautics › Article 5 - Salvage of Crashed Aircraft › Section 64-5-3 - Salvage of crashed aircraft; liability for damage to land; termination of permits.

A. Any person who has been issued a valid salvage permit by the aviation division may, within sixty days after the date of issuance of the permit, enter any land specified therein for the specific purpose of salvaging and removing the crashed aircraft specified therein.
B. Any person entering land under Subsection A of this section shall be strictly liable to the owner or lessee of the land, whichever is in possession, for any damages caused by the entry or removal.
C. After removing the aircraft within six months from the date the permit was issued, the permit holder has title to the aircraft free from all claims of the previous owner, of any holders of a prior terminated permit, of the owner or lessee of the land on which the aircraft was located and of all persons claiming through or under them. The salvage permit and a notarized statement certifying that the terms and conditions under which the permit was issued have been fulfilled shall constitute valid evidence of title.
D. If the crashed aircraft, specified in any salvage permit issued by the aviation division, is not removed within six months from the date of the issuance of the permit, then the permit shall be automatically terminated and invalid.
History:
1953 Comp., § 44-6-3, enacted by Laws 1975, ch. 18, § 3; 1977, ch. 250, § 33.
2023 New Mexico Statutes › Chapter 64 - Aeronautics › Article 5 - Salvage of Crashed Aircraft › Section 64-5-4 - Authority to contract with the United States.

The aviation division may enter into contracts and agreements with the United States government relating to the salvaging and removal of crashed aircraft which are owned by the United States government.
History:
1953 Comp., § 44-6-4, enacted by Laws 1975, ch. 18, § 4; 1977, ch. 250, § 34.
2023 New Mexico Statutes › Chapter 64 - Aeronautics › Article 6 - Rural Air Service Enhancement › Section 64-6-1 - Short title.

This act [64-6-1 to 64-6-5 NMSA 1978] may be cited as the "Rural Air Service Enhancement Act".
History:
Laws 2021, ch. 47, § 1.
ANNOTATIONS
Effective dates.
— Laws 2021, ch. 47, § 6 made Laws 2021, ch. 47, § 1 effective July 1, 2021.
2023 New Mexico Statutes › Chapter 64 - Aeronautics › Article 6 - Rural Air Service Enhancement › Section 64-6-2 - Definitions.

As used in the Rural Air Service Enhancement Act:
A. "air route" means any scheduled operation or public charter;
B. "charter flight" means a flight operated under the terms of a charter contract between a direct air carrier and the carrier's customer. "Charter flight" does not include scheduled air transportation, scheduled foreign air transportation or nonscheduled cargo air transportation, sold on an individually ticketed or individually waybilled basis;
C. "department" means the department of transportation;
D. "director" means the director of the division;
E. "division" means the aviation division of the department;
F. "expanded air route" means an air route served by the rural air service enhancement grant program that expands passenger capacity or the number of scheduled operations or public charter flights from what was served at the time a grant was made;
G. "minimum revenue guarantee" means the amount of money guaranteed by a municipality or county to be earned by an airline providing scheduled air services to and from that municipality or county, which is the difference between the minimum flight charge revenue specified in the contract between the municipality or county and the airline and the amount of actual flight charge revenue received by the airline that is less than that contractual amount;
H. "new air route" means an air route to be served by the rural air service enhancement grant program that was not served prior to January 1, 2021;
I. "public charter" means a one-way or round-trip charter flight to be performed by one or more direct air carriers that is arranged and sponsored by a charter operator; and
J. "scheduled operation" means any common carriage passenger-carrying operation for compensation or hire conducted by an air carrier for which the air carrier or the air carrier's representatives offers in advance the departure location, departure time and arrival location.
History:
Laws 2021, ch. 47, § 2; 2022, ch. 11, § 1.
ANNOTATIONS
The 2022 amendment,
effective May 18, 2022, defined "air route", "charter flight", "expanded air route", "new air route", "public charter", and "scheduled operation", as used in the Rural Air Service Enhancement Act; added new Subsections A and B and redesignated former Subsections A through C as Subsections C through E, respectively; added a new Subsection F and redesignated former Subsection D as Subsection G; and added Subsections H through J.
2023 New Mexico Statutes › Chapter 64 - Aeronautics › Article 6 - Rural Air Service Enhancement › Section 64-6-4 - Grant applications.

A municipality or county may submit an application to the director for a rural air service enhancement grant. An applicant shall comply with deadlines and guidelines published by the director. A grant application shall include:
A. a description of the facility that will serve the proposed new air routes or expanded air routes;
B. an estimate of the demand for the proposed new air routes or expanded air routes;
C. identification of the air common carrier that will service the proposed new air routes or expanded air routes and the aircraft to be used on the proposed air routes;
D. a description of existing air routes serving the applicant;
E. a description and schedule of the proposed new air routes or expanded air routes to serve the applicant;
F. a justification for the proposed air routes;
G. the requested grant amount and the amount of any matching funds; and
H. the time frame for a commitment to subsidize the proposed new air routes or expanded air routes.
History:
Laws 2021, ch. 47, § 4; 2022, ch. 11, § 3.
ANNOTATIONS
The 2022 amendment,
effective May 18, 2022, revised the required contents of a grant application; in Subsection A, after "proposed new", deleted "scheduled" and added "air routes or expanded", and after the next occurrence of "air", deleted "service" and added "routes"; in Subsection B, after "proposed new", deleted "scheduled" and added "air routes or expanded", and after the next occurrence of "air", deleted "service"; in Subsection C, after "proposed new", deleted "scheduled" and added "air routes or expanded", after the next occurrence of "air", deleted "service", after "used on the", deleted "new scheduled" and added "proposed", and after the next occurrence of "air", deleted "service"; in Subsection D, after "existing", deleted "scheduled" and after "air", deleted "service"; in Subsection E, after "proposed new", deleted "scheduled" and added "air routes or expanded", and after the next occurrence of "air", deleted "service"; in Subsection F, after "justification for the", deleted "new", after "proposed", deleted "scheduled", and after "air", deleted "service"; and in Subsection H, after "the proposed new", deleted "scheduled" and added "air routes or expanded", and after "air", deleted "service".
2023 New Mexico Statutes › Chapter 64 - Aeronautics › Article 6 - Rural Air Service Enhancement › Section 64-6-5 - Rural air service enhancement fund; created.

A. The "rural air service enhancement fund" is created as a nonreverting fund in the state treasury. All appropriations, gifts, devises, grants and donations received shall be deposited in the fund. Money in the fund is appropriated to the division for the purpose of carrying out the rural air service enhancement grant program and related infrastructure improvements pursuant to the provisions of the Rural Air Service Enhancement Act.
B. The fund shall be administered by the division. Disbursements from the fund shall be made only upon warrant drawn by the secretary of finance and administration pursuant to vouchers signed by the director or the director's designee for the purpose of carrying out the rural air service enhancement grant program and related infrastructure improvements pursuant to the provisions of the Rural Air Service Enhancement Act.
History:
Laws 2021, ch. 47, § 5; 2022, ch. 11, § 4.
ANNOTATIONS
The 2022 amendment,
effective May 18, 2022, clarified that the rural air service enhancement fund is a nonreverting fund in the state treasury; and in Subsection A, after "is created", added "as a nonreverting fund", and deleted the last sentence of the subsection, which provided "Money in the fund shall not revert at the end of a fiscal year.".
2023 New Mexico Statutes › Chapter 65 - Motor Carriers › Article 1 - Motor Transportation › Section 65-1-1 - Short title.

Chapter 65, Articles 1, 3 and 5 NMSA 1978 may be cited as the Motor Transportation Act.
History:
1978 Comp., § 65-1-1, enacted by Laws 1989, ch. 201, § 1.
ANNOTATIONS
Repeals and reenactments.
— Laws 1989, ch. 201, § 1 repealed former 65-1-1 NMSA 1978, and enacted a new section, effective July 1, 1989.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
13 Am. Jur. 2d Carriers § 20.
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 §§ 44, 45.
2023 New Mexico Statutes › Chapter 65 - Motor Carriers › Article 1 - Motor Transportation › Section 65-1-3 - Public policy.

It is the public policy of New Mexico to provide for fair and impartial enforcement of the motor transportation regulation and taxation laws of this state, and to promote safe, adequate, economical and efficient motor carrier service for the public benefit, without discrimination, preference, advantage or unfair competitive practices between carriers.
History:
1953 Comp., § 64-34-4, enacted by Laws 1967, ch. 97, § 4.
2023 New Mexico Statutes › Chapter 65 - Motor Carriers › Article 1 - Motor Transportation › Section 65-1-5 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1992, ch. 106, § 23 repealed 65-1-4 and 65-1-5 NMSA 1978, enacted by Laws 1977, ch. 250, § 101 and Laws 1967, ch. 97, § 6, respectively, relating to the director of the motor transportation division and to organization of the division, effective July 1, 1992. For provisions of former sections,
see
the 1991 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 65 - Motor Carriers › Article 1 - Motor Transportation › Section 65-1-6 - Field enforcement of Motor Transportation Act and Motor Carrier Act and rules.

The department shall:
A. enforce in the field the provisions of the Motor Transportation Act and the Motor Carrier Act [65-2A-1 to 65-2A-41 NMSA 1978] and the rules promulgated by the public regulation commission pursuant to the Motor Carrier Act; and
B. maintain sufficient personnel in the field to enforce the provisions of the Motor Transportation Act and the Motor Carrier Act and the rules promulgated by the public regulation commission pursuant to the Motor Carrier Act.
History:
1953 Comp., § 64-34-8, enacted by Laws 1967, ch. 97, § 8; 1977, ch. 250, § 104; 1989, ch. 319, § 1; 1992, ch. 106, § 2; 1998 (1st S.S.), ch. 10, § 5; 2003, ch. 359, § 41; 2011, ch. 101, § 1.
ANNOTATIONS
The 2011 amendment,
effective June 17, 2011, provided for the field enforcement of the Motor Transportation Act.
The 2003 amendment,
effective July 1, 2003, in the introductory language, substituted "shall" for "has authority to"; and in Subsections A and B, deleted "the state corporation commission or" following "promulgated by".
The 1998 amendment,
effective July 1, 1998, inserted "or the public regulation commission" in Subsections A and B.
The 1992 amendment,
effective July 1, 1992, substituted the present section catchline for "Field enforcement of motor carrier regulations" and made minor stylistic changes throughout the section.
The 1989 amendment,
effective July 1, 1989, in the introductory language, deleted "motor transportation" preceding "division"; and in Subsections A and B, substituted "the Motor Carrier Act" for "Sections 64-27-1 through 64-27-81 NMSA 1953" and "pursuant to that act" for "thereunder" and inserted "state" preceding "corporation commission".
No authority to enforce Criminal Code.
— Department inspectors may not make arrests under and otherwise enforce the Criminal Code. These inspectors have no statutory authority to make arrests for any offenses not specified in the Motor Carrier Act and other laws regulating commercial vehicles or enforcing state taxes or fees. 1992 Op. Att'y Gen. No. 92-02.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
64 Am. Jur. 2d Public Utilities § 232.
60 C.J.S. Motor Vehicles § 45.
2023 New Mexico Statutes › Chapter 65 - Motor Carriers › Article 1 - Motor Transportation › Section 65-1-6 - Field enforcement of Motor Transportation Act and Motor Carrier Act and rules. (Effective July 1, 2024.)

The department shall:
A. enforce in the field the provisions of the Motor Transportation Act and the Motor Carrier Act [65-2A-1 to 65-2A-41 NMSA 1978] and the rules promulgated by the department of transportation pursuant to the Motor Carrier Act; and
B. maintain sufficient personnel in the field to enforce the provisions of the Motor Transportation Act and the Motor Carrier Act and the rules promulgated by the department of transportation pursuant to the Motor Carrier Act.
History:
1953 Comp., § 64-34-8, enacted by Laws 1967, ch. 97, § 8; 1977, ch. 250, § 104; 1989, ch. 319, § 1; 1992, ch. 106, § 2; 1998 (1st S.S.), ch. 10, § 5; 2003, ch. 359, § 41; 2011, ch. 101, § 1; 2023, ch. 100, § 28.
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.
Temporary provisions.
— Laws 2023, ch. 100, § 80, effective July 1, 2024, provided that:
A. On July 1, 2024, all staff positions, functions, personnel, appropriations, money, records, equipment, supplies, other property and contractual obligations of the public regulation commission related to motor carrier regulation and enforcement, railroad safety enforcement and ambulance standards are transferred to the department of transportation.
B. Beginning July 1, 2024, all references in law, rules, orders and other official acts to the public regulation commission or the transportation division of the public regulation commission related to motor carrier regulation and enforcement, railroad safety enforcement and ambulance standards shall be deemed references to the department of transportation.
C. Beginning July 1, 2024, all contractual obligations of the public regulation commission related to motor carrier regulation and enforcement, railroad safety enforcement and ambulance standards are binding on the department of transportation.
D. The rules, orders and decisions of the public regulation commission related to motor carrier regulation and enforcement, railroad safety enforcement and ambulance standards shall remain in effect until repealed or amended.
2023 New Mexico Statutes › Chapter 65 - Motor Carriers › Article 1 - Motor Transportation › Section 65-1-7 - Repealed.

History:
1978 Comp., § 65-1-7, enacted by Laws 1998 (1st S.S.), ch. 10, § 6; repealed by Laws 2015, ch. 3, § 45.
ANNOTATIONS
Repeals.
— Laws 2015, ch. 3, § 45 repealed 65-1-7 NMSA 1978, as enacted by Laws 1998 (1st S.S.), ch. 10, § 6, relating to enforcement employees of division are police officers, effective July 1, 2015. For provisions of former section,
see
the 2014 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 65 - Motor Carriers › Article 1 - Motor Transportation › Section 65-1-8 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1992, ch. 106, § 23 repealed 65-1-8 NMSA 1978, as enacted by Laws 1967, ch. 97, § 10, relating to bonding of division employees, effective July 1, 1992. For provisions of former section,
see
the 1991 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 65 - Motor Carriers › Article 1 - Motor Transportation › Section 65-1-9 - Department to enforce laws.

The department shall enforce and collect all excise taxes, license fees and other fees and charges of every nature and perform all inspections and collect all information considered necessary to enforce the laws of all departments, commissions and other agencies of state government, in addition to those specifically assigned to the department, whenever the department is so requested and agrees and the agreement is in writing containing all reasonable detail concerning the responsibilities of the parties to the agreement. The department shall also assist, as far as practicable and in accordance with a proper written agreement, in the enforcement of statutory, administrative and judicial provisions of the federal Motor Carrier Act.
History:
1953 Comp., § 64-34-11, enacted by Laws 1967, ch. 97, § 11; 1977, ch. 250, § 107; 1992, ch. 106, § 4; 1998 (1st S.S.), ch. 10, § 7.
ANNOTATIONS
Compiler's notes.
— The federal Motor Carrier Act (part II of the Interstate Commerce Act) was compiled as 49 U.S.C. App. §§ 301 to 327, before being repealed in 1978 and 1983.
The 1998 amendment,
effective July 1, 1998, deleted "by law" following "assigned" near the middle of the first sentence, and deleted the former last sentence, which read: "Enforcement employees of the department shall be considered to have the same powers as the enforcement officers of the department, commission or other agency having the primary responsibility."
The 1992 amendment,
effective July 1, 1992, substituted "Department" for "Division" in the section catchline; and substituted "department" for "division" several times throughout the section.
Appointment of division inspectors to enforce Motor Vehicle Code.
— Although motor transportation division (MTD) statutes do not specifically grant MTD inspectors authority to enforce traffic laws against noncommercial drivers and vehicles, the Motor Vehicle Code, Chapter 66, Articles 1 through 8 NMSA 1978, allows the director of the motor vehicle division to appoint MTD inspectors to assist him in the enforcement of the Motor Vehicle Code. 1992 Op. Att'y Gen. No. 92-02.
2023 New Mexico Statutes › Chapter 65 - Motor Carriers › Article 1 - Motor Transportation › Section 65-1-10 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1995, ch. 31, § 7 repealed 65-1-10 NMSA 1978, enacted by Laws 1967, ch. 97, § 12, relating to issuance of regulations, effective July 1, 1995. For provisions of former section,
see
the 1994 NMSA 1978 on
NMOneSource.com
. For present comparable provisions,
see
9-11-6.2 NMSA 1978.
2023 New Mexico Statutes › Chapter 65 - Motor Carriers › Article 1 - Motor Transportation › Section 65-1-11 - Ports of entry.

The department of transportation shall designate the main highways upon which motor carriers shall enter and leave the state and shall designate stations or establish places, either temporary or permanent, where inspection, registration and permit services shall be maintained and shall provide the necessary right of way, approach roads, ramps and other road facilities required for ports of entry.
History:
1953 Comp., § 64-34-13, enacted by Laws 1967, ch. 97, § 13; 1977, ch. 250, § 109; 1987, ch. 268, § 15; 1992, ch. 106, § 5; 2021, ch. 59, § 6.
ANNOTATIONS
Cross references.
— For vehicles entering or leaving state, to stop at registration places,
see
65-5-1 to 65-5-3 NMSA 1978.
The 2021 amendment,
effective June 18, 2021, made conforming changes due to the transfer of certain authority from the department of public safety to the department of transportation; and after "department", added "of transportation", after "maintained", deleted "The state highway and transportation", and after "required", deleted "by the department for places established after June 17, 1967" and added "for ports of entry".
The 1992 amendment,
effective July 1, 1992, twice substituted "department" for "division"; and substituted "June 17, 1967" for "the effective date of this section, unless the governor certifies in writing that the location selected will result in an intolerable traffic hazard" at the end of the second sentence.
Legal stop ripening into illegal arrest.
— Although initial stop of commercial truck was legal under New Mexico's inspection statutes, the stop ripened into an unlawful de facto arrest when, without probable cause, officer required the driver to wait an hour; the illegality of the arrest vitiated driver's subsequent consent to the search of his truck, and rendered stolen motorcycles which were found inadmissible under the exclusionary rule.
State v. Jutte
, 1998-NMCA-150, 126 N.M. 244, 968 P.2d 334, cert. denied, 126 N.M. 533, 972 P.2d 352.
Invalid stopping of vehicles.
— Motor transportation division officer's stop of a rental truck was not made at a port of entry and was invalid, where the officer had not set out any signs or other indication to vehicle drivers that they would be required to stop, had stopped vehicles randomly and at his own discretion, and had chosen his own schedule of where to patrol, as opposed to his supervisor making the decision.
State v. Clark
, 1991-NMCA-082, 112 N.M. 500, 816 P.2d 1122.
2023 New Mexico Statutes › Chapter 65 - Motor Carriers › Article 1 - Motor Transportation › Section 65-1-12 - Recompiled.

ANNOTATIONS
Recompilations.
— Laws 1998 (1st S.S.), ch. 10, § 10, recompiled former 65-1-12 NMSA 1978, relating to motor carriers required to register with the department, as 66-3-1.1 NMSA 1978, effective July 1, 1998.
2023 New Mexico Statutes › Chapter 65 - Motor Carriers › Article 1 - Motor Transportation › Section 65-1-12.1 - Recompiled.

ANNOTATIONS
Recompilations.
— Laws 1998 (1st S.S.), ch. 10, § 10, recompiled former 65-1-12.1 NMSA 1978, relating to tax identification card, as 66-3-3.1 NMSA 1978, effective July 1, 1998.
2023 New Mexico Statutes › Chapter 65 - Motor Carriers › Article 1 - Motor Transportation › Section 65-1-13 to 65-1-22 - Recompiled.

ANNOTATIONS
Recompilations.
— Laws 1998 (1st S.S.), ch. 10, § 10, recompiled former 65-1-13 through 65-1-22 NMSA 1978, relating to proportional registration of fleets, registration of additional motor vehicles, withdrawal of fleet motor vehicles, preservation of proportional registration records, estimated mileage of new fleets, denial of fleet registration, relationship to other state laws, and nonexclusivity of proportional registration, as 66-3-2.1 through 66-3-2.10 NMSA 1978, effective July 1, 1998.
2023 New Mexico Statutes › Chapter 65 - Motor Carriers › Article 1 - Motor Transportation › Section 65-1-23 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1992, ch. 106, § 23 repealed 65-1-23 NMSA 1978, as enacted by Laws 1978, ch. 76, § 1, relating to definitions concerning proportional registration, effective July 1, 1992. For provisions of former section,
see
the 1991 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 65 - Motor Carriers › Article 1 - Motor Transportation › Section 65-1-24 - Recompiled.

ANNOTATIONS
Recompilations.
— Laws 1998 (1st S.S.), ch. 10, § 10, recompiled former 65-1-24 NMSA 1978, relating to allocation registration, one-way rental fleet vehicles, allocation of vehicles, fee, and identification, as 66-3-2.11 NMSA 1978, effective July 1, 1998.
2023 New Mexico Statutes › Chapter 65 - Motor Carriers › Article 1 - Motor Transportation › Section 65-1-25 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1992, ch. 106, § 23 repealed 65-1-25 NMSA 1978, as enacted by Laws 1967, ch. 97, § 15, relating to exemption of certain motor carriers, effective July 1, 1992. For provisions of former section,
see
the 1991 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 65 - Motor Carriers › Article 1 - Motor Transportation › Section 65-1-25.2 - Recompiled.

ANNOTATIONS
Recompilations.
— Laws 1998 (1st S.S.), ch. 10, § 10, recompiled former 65-1-25.2 NMSA 1978, relating to intrastate livestock haulers, as 66-3-29 NMSA 1978, effective July 1, 1998.
2023 New Mexico Statutes › Chapter 65 - Motor Carriers › Article 1 - Motor Transportation › Section 65-1-26 - Documents; required in each commercial motor carrier vehicle; detention of vehicles.

A. A commercial motor carrier vehicle operated on a New Mexico public highway by a motor carrier required to be registered with the department shall have in it at all times:
(1) proof of payment of the trip tax; or
(2) both evidence of registration and a tax identification permit issued by the department.
B. The driver of the vehicle shall be able to display either proof of payment of the trip tax or both the evidence of registration and the tax identification permit upon request by any law enforcement officer or any employee of the department.
C. Upon failure of the driver to display either proof of payment of the trip tax or evidence of registration, it shall be presumed that the vehicle is subject to registration under the laws of New Mexico unless it can be demonstrated that the vehicle is exempt from registration requirements of the Motor Vehicle Code [Chapter 66, Articles 1 to 8 NMSA 1978]. A vehicle presumed subject to registration may be detained until registration, including payment of all required fees, is completed.
D. Upon failure of the driver to display either proof of payment of the trip tax or a tax identification permit issued by the department, the trip tax shall be presumed due. A vehicle presumed subject to the trip tax may be detained until the trip tax is paid.
E. A commercial motor carrier vehicle subject to and not in compliance with the weight distance requirements of the Weight Distance Tax Act [Chapter 7, Article 15A NMSA 1978] may be detained until the tax is paid. A nonfiler or zero-filer status or an inactive weight distance account is proof of failure to pay the weight distance tax.
History:
1953 Comp., § 64-34-16, enacted by Laws 1967, ch. 97, § 16; 1969, ch. 19, § 2; 1972, ch. 7, § 45; 1977, ch. 250, § 119; 1988, ch. 24, § 8; 1990, ch. 21, § 1; 1992, ch. 106, § 9; 2007, ch. 209, § 1.
ANNOTATIONS
The 2007 amendment,
effective July 1, 2007, added Subsection E.
The 1992 amendment,
effective July 1, 1992, substituted "Documents; required in each motor carrier vehicle" in the catchline; rewrote Subsection A; inserted "either proof of payment of the trip tax or" in Subsection B; and added Subsections C and D.
The 1990 amendment,
effective July 1, 1990, substituted "Documents" for "Cab cards" in the catchline; designated the former section as Subsection A; in Subsection A, rewrote the first sentence following "registered" which read "with the division shall have in it at all times an identification card, issued by the division, known as a 'cab card' ", substituted "tax identification card" for "cab card" and "motor vehicle division" for "division" in the second sentence, deleted the former third sentence which read "The cab card shall include all information necessary for use as a user permit under the provisions of Section 7-16-6 NMSA 1978", and substituted " 'evidence of registration' " for " 'cab card' " in the present third sentence; and added Subsection B.
2023 New Mexico Statutes › Chapter 65 - Motor Carriers › Article 1 - Motor Transportation › Section 65-1-27 - Hearings; attendance.

The secretary or the secretary's representative may attend all hearings held by the state corporation commission [public regulation commission] concerning motor transportation. The state corporation commission [public regulation commission] shall notify the secretary of all such hearings, and the department is declared to be an interested party and as such may present any evidence pertaining to matters under consideration by the commission. The state corporation commission [public regulation commission] shall send copies of all orders entered by the commission in motor transportation matters to the department.
History:
1953 Comp., § 64-34-17, enacted by Laws 1967, ch. 97, § 17; 1977, ch. 250, § 120; 1992, ch. 106, § 10.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Laws 1998, ch. 108, § 80 provided that all references to the state corporation commission be construed as references to the public regulation commission.
The 1992 amendment,
effective July 1, 1992, substituted "secretary or the secretary's representative" for "director or his designated representative" in the first sentence; substituted "secretary" for "motor transportation director" and "department is declared" for "division is hereby declared" in the second sentence; substituted "department" for "motor transportation division" in the last sentence; and substituted "state corporation commission" for "corporation commission" several times throughout the section.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
64 Am. Jur. 2d Public Utilities §§ 264, 266.
73B C.J.S. Public Utilities §§ 44, 50, 79, 87.
2023 New Mexico Statutes › Chapter 65 - Motor Carriers › Article 1 - Motor Transportation › Section 65-1-27 - Hearings; attendance. (Effective July 1, 2024.)

The secretary or the secretary's representative may attend all hearings held by the department of transportation concerning motor transportation. The department of transportation shall notify the secretary of all such hearings, and the department is declared to be an interested party and as such may present evidence pertaining to matters under consideration by the department of transportation. The department of transportation shall send copies of all orders entered by the department of transportation in motor transportation matters to the department.
History:
1953 Comp., § 64-34-17, enacted by Laws 1967, ch. 97, § 17; 1977, ch. 250, § 120; 1992, ch. 106, § 10; 2023, ch. 100, § 29.
ANNOTATIONS
The 2023 amendment,
effective July 1, 2024, removed references to the state corporation commission due to the transfer of certain powers and duties to the department of transportation; and changed each occurrence of "state corporation commission" to "commission" with "department of transportation" throughout the section.
2023 New Mexico Statutes › Chapter 65 - Motor Carriers › Article 1 - Motor Transportation › Section 65-1-28.1 - Special methods of payment.

The department and the department of transportation may require the motor carriers specified in this section to make payment of taxes, fees and other charges due under the Motor Transportation Act [Chapter 65, Articles 1, 3 and 5 NMSA 1978], Motor Vehicle Code [Chapter 66 NMSA 1978], Trip Tax Act [Chapter 7, Article 15 NMSA 1978] or Weight Distance Tax Act [Chapter 7, Article 15A NMSA 1978] by credit card, certified check or other method of guaranteed payment. The provisions of this section apply to any motor carrier whose check in payment of any amount due under any act administered by the department has been dishonored upon presentment on two or more occasions within the previous two years.
History:
1978 Comp., § 65-1-28.1, enacted by Laws 1992, ch. 106, § 12; 2021, ch. 59, § 8.
ANNOTATIONS
The 2021 amendment,
effective June 18, 2021, made conforming changes due to the transfer of certain authority to the department of transportation, and deleted a reference to the repealed Special Fuels Tax Act; after "The department", added "and the department of transportation", and after "Trip Tax Act", deleted "Special Fuels Tax Act".
2023 New Mexico Statutes › Chapter 65 - Motor Carriers › Article 1 - Motor Transportation › Section 65-1-29 - Disposition of certain money collected.

All money collected by the department as agent for any other department, commission or agency of state government shall forthwith be remitted to them and by them distributed in the same manner as all other collections for the same items under their respective laws.
All money collected by the department for other jurisdictions shall forthwith be remitted to them.
History:
1953 Comp., § 64-34-19, enacted by Laws 1967, ch. 97, § 19; 1969, ch. 17, § 3; 1976, ch. 13, § 1; 1977, ch. 250, § 122; 1992, ch. 106, § 13.
ANNOTATIONS
The 1992 amendment,
effective July 1, 1992, rewrote this section to the extent that a detailed comparison would be impracticable.
2023 New Mexico Statutes › Chapter 65 - Motor Carriers › Article 1 - Motor Transportation › Section 65-1-29.1 - Receipts; disbursements.

Money collected under the Motor Transportation Act shall be paid to the state treasurer for the credit of the motor vehicle suspense fund not later than the close of the second business day after their [its] receipt. At the same time, the department shall deliver to the taxation and revenue department documentation sufficient to make refunds, distributions and other disbursements of the money paid into the fund by the department.
History:
Laws 1998 (1st S.S.), ch. 10, § 8.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
2023 New Mexico Statutes › Chapter 65 - Motor Carriers › Article 1 - Motor Transportation › Section 65-1-30 - Reciprocity commission; saving clause; transfer of records.

All current valid agreements entered into with other states by the commission created for the purpose of representing New Mexico in the matter of making reciprocal agreements relating to the operation of motor vehicles shall continue in effect according to their terms until such time as they are otherwise acted upon by the reciprocity commission created by the Motor Transportation Act. All records and property of the commission are transferred to the reciprocity commission.
History:
1953 Comp., § 64-34-21, enacted by Laws 1967, ch. 97, § 40.
ANNOTATIONS
Compiler's notes.
— The commission referred to in the first and last sentences was established by Laws 1947, ch. 56, § 1, and differed from the reciprocity commission; it was repealed by Laws 1967, ch. 97, § 22.
2023 New Mexico Statutes › Chapter 65 - Motor Carriers › Article 1 - Motor Transportation › Section 65-1-31 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1989, ch. 319, § 15 repealed 65-1-31 NMSA 1978, as enacted by Laws 1972, ch. 7, § 46, relating to members, terms and duties of the reciprocity commission, effective July 1, 1989.
2023 New Mexico Statutes › Chapter 65 - Motor Carriers › Article 1 - Motor Transportation › Section 65-1-32 - Reciprocity policy.

It is the policy of New Mexico to grant to vehicles properly registered or licensed in another jurisdiction, while engaged in interstate commerce in New Mexico, exemption from all or part of the fees, taxes or compensation required for unusual use of the highways and exemption from all or part of the requirements for the display of registration numbers, compensation permits or other numbers or permits. As a condition for application of this policy, however, it is required that vehicles properly registered in New Mexico, while engaged in interstate commerce in the other jurisdictions, be granted like privileges or exemptions to those which New Mexico extends to vehicles properly registered or licensed in the other jurisdiction.
History:
1953 Comp., § 64-34-21.2, enacted by Laws 1972, ch. 7, § 47; 1989, ch. 319, § 2.
ANNOTATIONS
Repeals and reenactments.
— Laws 1972, ch. 7, § 47, repealed Laws 1947, ch. 56, § 2, compiled as former 64-12-2, 1953 Comp., relating to the policy for reciprocal agreements and proportional registration privileges, and enacted a new 65-1-32 NMSA 1978.
The 1989 amendment,
effective July 1, 1989, in the first sentence, inserted "and" preceding "exemption" and, in the second sentence, inserted "As a condition for application of this policy, however", deleted "however" following "required", and substituted "be granted" for "are granted".
Am. Jur. 2d, A.L.R. and C.J.S. references. —
15A C.J.S. Conflict of Laws § 5.
2023 New Mexico Statutes › Chapter 65 - Motor Carriers › Article 1 - Motor Transportation › Section 65-1-32.1 - Reciprocity.

The director shall extend to qualified motor vehicle fleets from states with which New Mexico has reciprocal agreements the privilege of either full reciprocity or proportional registration, as appropriate, of such motor vehicles engaged in interstate commerce in this state.
History:
1978 Comp., § 65-1-32.1, enacted by Laws 1989, ch. 319, § 3.
2023 New Mexico Statutes › Chapter 65 - Motor Carriers › Article 1 - Motor Transportation › Section 65-1-34 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1992, ch. 106, § 23 repealed 65-1-34 NMSA 1978, as enacted by Laws 1967, ch. 97, § 43, relating to assistance to carriers and motor vehicle division, effective July 1, 1992. For provisions of former section,
see
the 1991 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 65 - Motor Carriers › Article 1 - Motor Transportation › Section 65-1-35 - Duplicate records.

If the New Mexico state police division in carrying out any of the powers and duties granted or imposed on it by the Motor Transportation Act needs duplicates of any records not transferred to it by that act, all departments, agencies and commissions of this state shall, upon request, make the records available to the division for copying.
History:
1953 Comp., § 64-34-25, enacted by Laws 1967, ch. 97, § 44; 1977, ch. 250, § 128; 2015, ch. 3, § 32.
ANNOTATIONS
The 2015 amendment,
effective July 1, 2015, provided the New Mexico state police division with the authority to receive records from all state offices in order to carry out its duties imposed on it by the Motor Transportation Act; after "If the", deleted "motor transportation" and added "New Mexico state police", and after "transferred to it by", deleted "this" and added "that".
2023 New Mexico Statutes › Chapter 65 - Motor Carriers › Article 1 - Motor Transportation › Section 65-1-36.1 - Civil penalty for bad checks.

If any payment required pursuant to the Motor Transportation Act is attempted to be made by check that is not paid upon presentment, such dishonor is presumptive of negligence. The penalty for such dishonor shall be not less than ten dollars ($10.00). This penalty is in addition to any other penalty imposed under any other law.
History:
1978 Comp., § 65-1-36.1, enacted by Laws 1992, ch. 106, § 15.
2023 New Mexico Statutes › Chapter 65 - Motor Carriers › Article 1 - Motor Transportation › Section 65-1-37 - Recompiled.

ANNOTATIONS
Recompilations.
— Laws 1998 (1st S.S.), ch. 10, § 10, recompiled former 65-1-37 NMSA 1978, relating to proportional registration or reciprocal agreements with other jurisdictions for a declared gross weight, as 66-3-1.2 NMSA 1978, effective July 1, 1998.
2023 New Mexico Statutes › Chapter 65 - Motor Carriers › Article 1 - Motor Transportation › Section 65-1-38 - Repealed.

History:
Laws 2007, ch. 54, § 1; repealed by Laws 2015, ch. 3, § 45.
ANNOTATIONS
Repeals.
— Laws 2015, ch. 3, § 45 repealed 65-1-38 NMSA 1978, as enacted by Laws 2007, ch. 54, § 1, relating to division organized, effective July 1, 2015. For provisions of former section,
see
the 2014 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 65 - Motor Carriers › Article 1 - Motor Transportation › Section 65-1-39 - Repealed.

History:
Laws 2007, ch. 54, § 2; repealed by Laws 2015, ch. , § 45.
ANNOTATIONS
Repeals.
— Laws 2015, ch. 3, § 45 repealed 65-1-39 NMSA 1978, as enacted by Laws 2007, ch. 54, § 2, relating to definitions, effective July 1, 2015. For provisions of former section,
see
the 2014 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 65 - Motor Carriers › Article 1 - Motor Transportation › Section 65-1-40 - Repealed.

History:
Laws 2007, ch. 54, § 3; repealed by Laws 2015, ch. , § 45.
ANNOTATIONS
Repeals.
— Laws 2015, ch. 3, § 45 repealed 65-1-40 NMSA 1978, as enacted by Laws 2007, ch. 54, § 3, relating to division organization, effective July 1, 2015. For provisions of former section,
see
the 2014 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 65 - Motor Carriers › Article 1 - Motor Transportation › Section 65-1-41 - Repealed.

History:
Laws 2007, ch. 54, § 4; repealed by Laws 2015, ch. , § 45.
ANNOTATIONS
Repeals.
— Laws 2015, ch. 3, § 45 repealed 65-1-41 NMSA 1978, as enacted by Laws 2007, ch. 54, § 4, relating to appointments, removal, effective July 1, 2015. For provisions of former section,
see
the 2014 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 65 - Motor Carriers › Article 1 - Motor Transportation › Section 65-1-42 - Repealed.

History:
Laws 2007, ch. 54, § 5; repealed by Laws 2015, ch. , § 45.
ANNOTATIONS
Repeals.
— Laws 2015, ch. 3, § 45 repealed 65-1-42 NMSA 1978, as enacted by Laws 2007, ch. 54, § 5, relating to qualifications of an officer, effective July 1, 2015. For provisions of former section,
see
the 2014 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 65 - Motor Carriers › Article 1 - Motor Transportation › Section 65-1-43 - Repealed.

History:
Laws 2007, ch. 54, § 6; repealed by Laws 2015, ch. 3, § 45.
ANNOTATIONS
Repeals.
— Laws 2015, ch. 3, § 45 repealed 65-1-43 NMSA 1978, as enacted by Laws 2007, ch. 54, § 6, relating to director and other officers, powers and duties, effective July 1, 2015. For provisions of former section,
see
the 2014 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 65 - Motor Carriers › Article 1 - Motor Transportation › Section 65-1-44 - Repealed.

History:
Laws 2007, ch. 54, § 7; repealed by Laws 2015, ch. 3, § 45.
ANNOTATIONS
Repeals.
— Laws 2015, ch. 3, § 45 repealed 65-1-44 NMSA 1978, as enacted by Laws 2007, ch. 54, § 7, relating to commissions, salary, effective July 1, 2015. For provisions of former section,
see
the 2014 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 65 - Motor Carriers › Article 1 - Motor Transportation › Section 65-1-45 - Repealed.

History:
Laws 2007, ch. 54, § 8; repealed by Laws 2015, ch. 3, § 45.
ANNOTATIONS
Repeals.
— Laws 2015, ch. 3, § 45 repealed 65-1-45 NMSA 1978, as enacted by Laws 2007, ch. 54, § 8, relating to uniform and badges, uniform allowance to be set by secretary, effective July 1, 2015. For provisions of former section,
see
the 2014 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 65 - Motor Carriers › Article 2 - Motor Carrier Regulation (Repealed.) › Section 65-2-1 to 65-2-79 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1981, ch. 358, § 49, repealed 65-2-1 to 65-2-79 NMSA 1978, relating to motor carrier regulation, effective April 10, 1981. For present provisions,
see
65-2A-1 NMSA 1978 et seq.
2023 New Mexico Statutes › Chapter 65 - Motor Carriers › Article 2 - Motor Carrier Regulation (Repealed.) › Section 65-2-80 to 65-2-127 - Repealed.

ANNOTATIONS
Repeals.
— Laws 2003, ch. 359 § 44, repealed 65-2-80 to 65-2-127 NMSA 1978, the Motor Carrier Act, effective July 1, 2003. For provisions of former sections,
see
the 2002 NMSA 1978 on
NMOneSource.com
. For present comparable provisions,
see
65-2A-1 NMSA 1978 et seq.
2023 New Mexico Statutes › Chapter 65 - Motor Carriers › Article 2A - Motor Carrier Act › Section 65-2A-1 - Short title.

Sections 1 through 40 [41] [65-2A-1 to 65-2A-41 NMSA 1978] of this act may be cited as the "Motor Carrier Act".
History:
Laws 2003, ch. 359, § 1.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Laws 2013, ch. 77, § 33 enacted a new section of the Motor Carrier Act, compiled as 65-2A-41, effective July 1, 2013.
Effective dates.
— Laws 2003, ch. 359, § 45 made Laws 2003, ch. 359, § 1 effective July 1, 2003.
2023 New Mexico Statutes › Chapter 65 - Motor Carriers › Article 2A - Motor Carrier Act › Section 65-2A-1 - Short title. (Effective July 1, 2024.)

Chapter 65, Article 2A NMSA 1978 may be cited as the "Motor Carrier Act".
History:
Laws 2003, ch. 359, § 1; 2023, ch. 100, § 30.
ANNOTATIONS
The 2023 amendment,
effective July 1, 2024, changed "Sections 1 through 40 of this act" to "Chapter 65, Article 2A NMSA 1978".
2023 New Mexico Statutes › Chapter 65 - Motor Carriers › Article 2A - Motor Carrier Act › Section 65-2A-2 - Transportation policy.

It is the policy of this state to foster the development, coordination and preservation of a safe, sound and adequate motor carrier system, requiring financial responsibility and accountability on the part of motor carriers through state licensing and regulation of motor carriers.
History:
Laws 2003, ch. 359, § 2; 2013, ch. 73, § 1; 2013, ch. 77, § 1.
ANNOTATIONS
The 2013 amendment,
effective July 1, 2013, provided that the policy of the Motor Carrier Act is to promote a safe and adequate motor carrier system through licensing; and after "on the part of motor carriers", deleted "providing for economic regulation of motor carriers of persons and household goods and towing services performing nonconsensual tows and by streamlining and promoting uniformity of state" and added "through state licensing and".
Laws 2013, ch. 73, § 1 and Laws 2013, ch. 77, § 1, both effective July 1, 2013, enacted identical amendments to this section. The section was set out as amended by Laws 2013, ch. 77, § 1.
See
12-1-8 NMSA 1978.