reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 65 - Motor Carriers › Article 2A - Motor Carrier Act › Section 65-2A-34 - Actions to enforce department orders. (Effective July 1, 2024.)

If a person fails to comply with an order of the department within the time prescribed in the order or within thirty days after the order is entered, whichever is later, unless a stay has been granted, the department shall seek enforcement of the order in the district court for Santa Fe county. The enforcement hearing shall be held on an expedited basis. At the hearing, the sole question shall be whether the person has failed to comply with the order.
History:
Laws 2003, ch. 359, § 34; 2023, ch. 100, § 60.
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 "commission" to "department" throughout the section.
2023 New Mexico Statutes › Chapter 65 - Motor Carriers › Article 2A - Motor Carrier Act › Section 65-2A-35 - Appeal to supreme court.

A. A motor carrier or other interested person aggrieved by a final order or determination of the commission issued pursuant to the Motor Carrier Act may appeal to the supreme court within thirty days. The appellant shall pay to the commission the costs of preparing and transmitting the record to the court.
B. The pendency of an appeal shall not automatically stay the order appealed from. The appellant may petition the commission or the supreme court for a stay of the order.
C. The appeal shall be on the record of the hearing before the commission and shall be governed by the appellate rules applicable to administrative appeals. The supreme court shall affirm the commission's order unless it is:
(1) arbitrary, capricious or an abuse of discretion;
(2) not supported by substantial evidence in the record; or
(3) otherwise not in accordance with law.
History:
Laws 2003, ch. 359, § 35.
ANNOTATIONS
Effective dates.
— Laws 2003, ch. 359, § 45 made Laws 2003, ch. 359, § 35 effective July 1, 2003.
2023 New Mexico Statutes › Chapter 65 - Motor Carriers › Article 2A - Motor Carrier Act › Section 65-2A-35 - Appeal to supreme court. (Effective July 1, 2024.)

A. A motor carrier or other interested person aggrieved by a final order or determination of the department issued pursuant to the Motor Carrier Act may appeal to the supreme court within thirty days. The appellant shall pay to the department the costs of preparing and transmitting the record to the court.
B. The pendency of an appeal shall not automatically stay the order appealed from. The appellant may petition the department or the supreme court for a stay of the order.
C. The appeal shall be on the record of the hearing before the department and shall be governed by the appellate rules applicable to administrative appeals. The supreme court shall affirm the department's order unless it is:
(1) arbitrary, capricious or an abuse of discretion;
(2) not supported by substantial evidence in the record; or
(3) otherwise not in accordance with law.
History:
Laws 2003, ch. 359, § 35; 2023, ch. 100, § 61.
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 "commission" to "department" throughout the section.
2023 New Mexico Statutes › Chapter 65 - Motor Carriers › Article 2A - Motor Carrier Act › Section 65-2A-37 - Electronic filing and certification of documents; electronic payment of fees.

A. The commission may adopt rules permitting the electronic filing, submission and service of documents by facsimile, electronic mail or other electronic transmission, including original documents, and the certification of electronically filed documents when filing or certification is required or permitted pursuant to the Motor Carrier Act. The rules shall provide for the appropriate treatment of electronic filings to satisfy requirements for original documents or copies and shall provide the requirements for signature with respect to electronic filings. If the commission accepts electronic filing of a document, it may accept for filing a document containing a signature line, however made.
B. The commission may accept a credit or debit card or other means of payment, in lieu of cash or check, as payment of a fee pursuant to the Motor Carrier Act. The commission shall determine those credit or debit cards or other means of payment that may be accepted for payment.
History:
Laws 2003, ch. 359, § 37; 2013, ch. 73, § 31; 2013, ch. 77, § 31.
ANNOTATIONS
The 2013 amendment,
effective July 1, 2013, permitted the submission and service of documents by facsimile, electronic mail or other electronic transmission; and in Subsection A, in the first sentence, after "electronic filing", added "submission and service"; after "service of documents", added "by facsimile, electronic mail or other electronic transmission", and in the third sentence, after "containing", deleted "a copy of" and after "signature", added "line".
Laws 2013, ch. 73, § 31 and Laws 2013, ch. 77, § 31, both effective July 1, 2013, enacted identical amendments to this section. The section was set out as amended by Laws 2013, ch. 77, § 31.
See
12-1-8 NMSA 1978.
2023 New Mexico Statutes › Chapter 65 - Motor Carriers › Article 2A - Motor Carrier Act › Section 65-2A-37 - Electronic filing and certification of documents; electronic payment of fees. (Effective July 1, 2024.)

A. The department may adopt rules permitting the electronic filing, submission and service of documents by facsimile, electronic mail or other electronic transmission, including original documents, and the certification of electronically filed documents when filing or certification is required or permitted pursuant to the Motor Carrier Act. The rules shall provide for the appropriate treatment of electronic filings to satisfy requirements for original documents or copies and shall provide the requirements for signature with respect to electronic filings. If the department accepts electronic filing of a document, it may accept for filing a document containing a signature line, however made.
B. The department may accept a credit or debit card or other means of payment, in lieu of cash or check, as payment of a fee pursuant to the Motor Carrier Act. The department shall determine those credit or debit cards or other means of payment that may be accepted for payment.
History:
Laws 2003, ch. 359, § 37; 2013, ch. 73, § 31; 2013, ch. 77, § 31; 2023, ch. 100, § 63.
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 "commission" to "department" throughout the section.
2023 New Mexico Statutes › Chapter 65 - Motor Carriers › Article 2A - Motor Carrier Act › Section 65-2A-38 - Exemptions.

The Motor Carrier Act shall not apply to:
A. school buses, provided that school buses shall be subject to applicable school bus safety provisions established by the state transportation director;
B. United States mail carriers, unless they are engaged in other business as motor carriers of persons or household goods;
C. hearses, funeral coaches or other motor vehicles belonging to or operated in connection with the business of a funeral service practitioner licensed by the state;
D. a county or municipal public bus transportation system;
E. private carriers; or
F. commuter services.
History:
Laws 2003, ch. 359, § 38; 2013, ch. 73, § 32; 2013, ch. 77, § 32; 2017, ch. 109, § 4.
ANNOTATIONS
The 2017 amendment,
effective July 1, 2017, exempted "commuter services" from the Motor Carrier Act; and added Subsection F.
The 2013 amendment,
effective July 1, 2013, changed terms; and in Subsection B, after "in other business as", deleted "common or contract".
2023 New Mexico Statutes › Chapter 65 - Motor Carriers › Article 2A - Motor Carrier Act › Section 65-2A-39 - Effect on municipal powers.

Nothing contained in the Motor Carrier Act shall be construed:
A. to limit or restrict the police jurisdiction or power of a municipality over its streets, highways and public places except as otherwise provided by law;
B. in respect to matters other than rates and service regulations, to repeal a power of a municipality:
(1) to adopt and enforce reasonable police regulations and ordinances in the interest of the public safety, morals and convenience; or
(2) to protect the public against fraud, imposition or oppression by motor carriers within their respective jurisdiction.
History:
Laws 2003, ch. 359, § 39.
ANNOTATIONS
Effective dates.
— Laws 2003, ch. 359, § 45 made Laws 2003, ch. 359, § 39 effective July 1, 2003.
2023 New Mexico Statutes › Chapter 65 - Motor Carriers › Article 2A - Motor Carrier Act › Section 65-2A-40 - Repealed.

History:
Laws 2003, ch. 359, § 40; repealed by Laws 2013, ch. 73, § 34 and Laws 2013, ch. 77, § 34.
ANNOTATIONS
Repeals.
— Laws 2013, ch. 73, § 34 and Laws 2013, ch. 77, § 34 repealed 65-2A-40 NMSA 1978, as enacted by Laws 2003, ch. 359, § 40, relating to transition, effective July 1, 2013. For provisions of former section,
see
the 2012 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 65 - Motor Carriers › Article 3 - Motor Carrier Safety › Section 65-3-1 - Short title.

Sections 65-3-1 through 65-3-13 [65-3-14] NMSA 1978 may be cited as the "Motor Carrier Safety Act".
History:
1978 Comp., § 65-3-1, enacted by Laws 1989, ch. 201, § 2.
ANNOTATIONS
Repeals and reenactments.
— Laws 1989, ch. 201, § 2 repealed former 65-3-1 NMSA 1978, as amended by Laws 1977, ch. 250, § 95, relating to drivers' hours and enforcement thereof, and enacted a new section, effective July 1, 1989.
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Laws 2007, ch. 151, § 1 enacted a new section of the Motor Carrier Safety Act, compiled as 65-3-14 NMSA 1978, effective June 15, 2007.
2023 New Mexico Statutes › Chapter 65 - Motor Carriers › Article 3 - Motor Carrier Safety › Section 65-3-2 - Purpose.

The legislature finds that highway safety is of utmost public concern. The purpose of the Motor Carrier Safety Act is to protect the New Mexico traveling public by ensuring the safe operation of commercial motor carrier vehicles on New Mexico's highways.
History:
1978 Comp., § 65-3-2, enacted by Laws 1989, ch. 201, § 3.
ANNOTATIONS
Repeals and reenactments.
— Laws 1989, ch. 201, § 3 repealed former 65-3-2 NMSA 1978, as amended by Laws 1973, ch. 255, § 1, relating to maximum hours and rest periods for drivers, and enacted a new section, effective July 1, 1989.
A lessor of trucks is not a motor carrier.
— A lessor of trucks is not a motor carrier subject to statutory duties and regulatory duties of inspection, maintenance, and repair under the New Mexico Motor Carrier Safety Act, §§ 65-3-1 to -14 NMSA 1978.
Hernandez v. Grando's LLC
, 2018-NMCA-072.
Defendant was not subject to the duties of inspection, maintenance, and repair imposed on motor carriers.
— Where plaintiff injured himself while exiting a commercial truck that plaintiff's employer had leased from defendant, and where defendant's business was limited to leasing trucks to plaintiff's employer, plaintiff did not establish a disputed question of fact regarding defendant's alleged breach of statutory or regulatory duties of a motor carrier where the evidence established that defendant did not provide transportation of persons, property or household goods for hire or provide transportation for compensation; obligations imposed on motor carriers are not meant to apply to persons who lease vehicles to motor carriers.
Hernandez v. Grando's LLC
, 2018-NMCA-072.
2023 New Mexico Statutes › Chapter 65 - Motor Carriers › Article 3 - Motor Carrier Safety › Section 65-3-4 - Regulations; inspections.

A. The secretary is directed to adopt in accordance with Section 65-1-10 NMSA 1978 [repealed] necessary rules and regulations under the Motor Carrier Safety Act as they apply to motor carrier safety. Such rules and regulations shall not be inconsistent with or more stringent than applicable federal safety standards.
B. The department is authorized to inspect at the motor carrier's place of business those safety records required to be retained by the motor carrier pursuant to the provisions of the Motor Carrier Safety Act.
History:
1978 Comp., § 65-3-4, enacted by Laws 1989, ch. 201, § 5; 1992, ch. 106, § 18.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Laws 1995, ch. 31, § 7 repealed 65-1-10 NMSA 1978, effective July 1, 1995. For similar provisions,
see
9-11-6.2 NMSA 1978.
Repeals and reenactments.
— Laws 1989, ch. 201, § 5 repealed former 65-3-4 NMSA 1978, as enacted by Laws 1933, ch. 61, § 4, relating to penalty for violation of maximum driving hours provisions, and enacted a new 65-3-4 NMSA 1978, effective July 1, 1989.
The 1992 amendment,
effective July 1, 1992, substituted the present section catchline for "Motor Carrier Safety; Director of the Division; Authorization"; in Subsection A, rewrote the first sentence and substituted "or" for "nor" in the second sentence; and, in Subsection B, substituted "The department" for "In addition to the provisions of Subsection A of this section, the director" near the beginning of the Subsection, and inserted "by the motor carrier" near the end of the subsection.
Temporary provisions.
— Laws 1992, ch. 106, § 22, effective July 1, 1992, provided that all regulations in effect issued prior to July 1, 1992, with respect to the Motor Transportation Act shall continue in force until repealed, amended or superseded by regulations of the secretary of taxation and revenue.
A lessor of trucks is not a motor carrier.
— A lessor of trucks is not a motor carrier subject to statutory duties and regulatory duties of inspection, maintenance, and repair under the New Mexico Motor Carrier Safety Act, §§ 65-3-1 to -14 NMSA 1978.
Hernandez v. Grando's LLC
, 2018-NMCA-072.
Defendant was not subject to the duties of inspection, maintenance, and repair imposed on motor carriers.
— Where plaintiff injured himself while exiting a commercial truck that plaintiff's employer had leased from defendant, and where defendant's business was limited to leasing trucks to plaintiff's employer, plaintiff did not establish a disputed question of fact regarding defendant's alleged breach of statutory or regulatory duties of a motor carrier where the evidence established that defendant did not provide transportation of persons, property or household goods for hire or provide transportation for compensation; obligations imposed on motor carriers are not meant to apply to persons who lease vehicles to motor carriers.
Hernandez v. Grando's LLC
, 2018-NMCA-072.
2023 New Mexico Statutes › Chapter 65 - Motor Carriers › Article 3 - Motor Carrier Safety › Section 65-3-5 - Violation of act; penalty.

A. Any person who violates the provisions of the Motor Carrier Safety Act is guilty of a misdemeanor and shall be punished by a fine not exceeding five hundred dollars ($500) or thirty days in jail, or both.
B. The director may, by regulation, authorize a penalty assessment program to impose penalties under the provisions of the Motor Carrier Safety Act.
History:
1978 Comp., § 65-3-4, enacted by Laws 1989, ch. 201, § 6.
ANNOTATIONS
Repeals and reenactments.
— Laws 1989, ch. 201, § 6 repealed former 65-3-5 NMSA 1978, as enacted by Laws 1947, ch. 171, § 1, relating to prohibition of stoves for heating private buses or trucks, and enacted a new section, effective July 1, 1989. For current provisions governing heating equipment,
see
65-3-9 NMSA 1978.
2023 New Mexico Statutes › Chapter 65 - Motor Carriers › Article 3 - Motor Carrier Safety › Section 65-3-6 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1990, ch. 21, § 4 repealed 65-3-6 NMSA 1978, as enacted by Laws 1947, ch. 171, § 2, relating to penalty for violating former 65-3-5 NMSA 1978, effective July 1, 1990. For provisions of former section,
see
the 1989 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 65 - Motor Carriers › Article 3 - Motor Carrier Safety › Section 65-3-7 - Qualifications of drivers.

A. A person shall not drive a motor vehicle unless the person is qualified to drive a motor vehicle, and a motor carrier shall not require or permit a person to drive a motor vehicle unless that person is qualified to drive a motor vehicle.
B. A person is qualified to drive a commercial motor carrier vehicle if the person:
(1) is at least:
(a) twenty-one years old; or
(b) eighteen years old if involved only in intrastate commerce and drives only within the boundaries of the state of New Mexico;
(2) is physically qualified to drive a motor vehicle;
(3) is not disqualified from driving a motor vehicle;
(4) has been issued a currently valid motor vehicle operator's license or permit of the proper class for the vehicle that the person is driving;
(5) can, by reason of experience, training or both, safely operate the type of motor vehicle that the person drives; and
(6) can, by reason of experience, training or both, determine whether the cargo that the person transports is properly located, distributed and secured in or on the motor vehicle that the person drives.
C. The director shall adopt regulations requiring motor carriers to maintain appropriate records pertaining to the qualifications of every commercial motor carrier vehicle driver in its employ, either regularly or casually. Such regulations shall not be inconsistent with or more stringent than applicable federal safety standards.
D. The director is authorized to adopt specific exceptions for the qualifications of drivers under the Motor Carrier Safety Act for drivers of articulated farm vehicles and intrastate drivers of motor vehicles transporting combustible liquids.
History:
1978 Comp., § 65-3-7, enacted by Laws 1989, ch. 201, § 7; 2009, ch. 200, § 1.
ANNOTATIONS
The 2009 amendment,
effective July 1, 2009, in Subparagraph (b) of Paragraph (1) of Subsection B, after "eighteen years old", added "if involved only in intrastate commerce"; deleted former Subsection C, which authorized the director to adopt regulations pertaining to the qualifications and disqualification of commercial motor carrier vehicle drivers; and deleted former Subsection F, which provided that disqualification after receipt of a license is grounds for revocation of the license.
2023 New Mexico Statutes › Chapter 65 - Motor Carriers › Article 3 - Motor Carrier Safety › Section 65-3-8 - Equipment; loading; driving; unsafe practices.

A. No person shall drive a motor vehicle, and no motor carrier shall be required or permit a person to drive a motor vehicle, unless the driver has satisfied himself that:
(1) all safety-related parts and accessories are in good working order;
(2) the cargo and equipment are properly distributed and secured; and
(3) the cargo and equipment do not obscure the driver's vision or range of motion.
B. The director shall adopt regulations, not inconsistent with nor more stringent than applicable federal safety standards concerning:
(1) the care and safety of stopped and disabled vehicles and the use of emergency signals;
(2) restrictions on and eliminations of unsafe practices pertaining to the operation of vehicles;
(3) the transportation of unauthorized persons and the driving of a vehicle by an unauthorized driver;
(4) the use and operation of a vehicle in which carbon monoxide has been detected in the cab or sleeper berth;
(5) procedures and precautions required for safe fueling of motor vehicles;
(6) requirements for wearing corrective lenses and hearing aids when needed to meet physical qualifications; and
(7) requirements for and use of lighted lamps on the highway.
History:
1978 Comp., § 65-3-8, enacted by Laws 1989, ch. 201, § 8.
2023 New Mexico Statutes › Chapter 65 - Motor Carriers › Article 3 - Motor Carrier Safety › Section 65-3-9 - Commercial motor vehicles; equipment; regulations.

The director shall adopt regulations not inconsistent with or more stringent than applicable federal safety standards concerning the following parts and accessories necessary for the safe operation of a commercial motor carrier:
A. lighting devices, reflectors and electrical equipment;
B. brake systems and performance;
C. glazing and window obstructions;
D. fuel systems;
E. coupling devices and towing methods;
F. tires and wheels;
G. heaters;
H. exhaust systems;
I. frames and body components;
J. suspension systems;
K. steering systems;
L. cargo securement;
M. emergency safety equipment; and
N. any other miscellaneous parts and accessories he deems necessary.
History:
1978 Comp., § 65-3-9, enacted by Laws 1989, ch. 201, § 9.
2023 New Mexico Statutes › Chapter 65 - Motor Carriers › Article 3 - Motor Carrier Safety › Section 65-3-10 - Notification, reporting and recording of accidents.

The director shall adopt rules and regulations not inconsistent with or more stringent than applicable federal safety standards concerning records and reports required to be made and kept by motor carriers of accidents which occur during their operations. Nothing in this section shall alter the requirements that drivers of commercial motor carrier vehicles report accidents under Section 66-7-201 NMSA 1978.
History:
1978 Comp., § 65-3-10, enacted by Laws 1989, ch. 201, § 10.
2023 New Mexico Statutes › Chapter 65 - Motor Carriers › Article 3 - Motor Carrier Safety › Section 65-3-11 - Hours of service of drivers.

The director shall adopt rules and regulations not inconsistent with nor more stringent than applicable federal safety standards concerning the hours of service of drivers.
A. These regulations shall include but not be limited to maximum driving and on-duty time, travel time, maintenance of a driver's log or record of duty status, adverse driving conditions, emergency conditions and emergency transportation.
B. These regulations shall authorize a driver to be placed out-of-service for driving or working too many hours or any other conditions identified in federal safety standards and found by the director to contribute to unsafe operations. The out-of-service conditions shall preclude a driver from driving until the condition for placing the driver out-of-service is remedied.
History:
1978 Comp., § 65-3-11, enacted by Laws 1989, ch. 201, § 11.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
48A Am. Jur. 2d Labor and Labor Relations § 4125 et seq.
Hours of service or other conditions affecting drivers of motor trucks, statutes relating specifically to, 120 A.L.R. 295.
Deviation from employment in use of employer's car during regular hours of work, 51 A.L.R.2d 8.
Liability of land carrier to passenger who becomes victim of third party's assault on or about carrier's vehicle or premises, 34 A.L.R.4th 1054.
60 C.J.S. Motor Vehicles § 56.
2023 New Mexico Statutes › Chapter 65 - Motor Carriers › Article 3 - Motor Carrier Safety › Section 65-3-12 - Repair and maintenance.

The director shall adopt rules and regulations concerning the systematic inspection, repair and maintenance of all commercial motor carrier vehicles. The regulations shall not be inconsistent with or more stringent than applicable federal safety standards.
A. The regulations shall provide for:
(1) proper lubrication and absence of oil and grease leaks;
(2) inspection of motor vehicles in operation by certified inspectors of the division at ports of entry, at suitable locations along the highway and at a carrier's place of business;
(3) driver's vehicle inspection reports;
(4) periodic vehicle inspection by the motor carrier, by a certified inspector of the division or by another inspector authorized by the director;
(5) inspector qualifications;
(6) minimum periodic inspection standards; and
(7) record-keeping associated with these requirements.
B. These regulations shall authorize a vehicle to be placed out-of-service because of mechanical or operational dysfunction causing a vehicle to be unsafe. The out-of-service condition shall preclude the use of the vehicle until the condition for placing the vehicle out-of-service is remedied.
C. Motor carriers shall make safety-related records available to division enforcement personnel upon request.
History:
1978 Comp., § 65-3-12, enacted by Laws 1989, ch. 201, § 12.
2023 New Mexico Statutes › Chapter 65 - Motor Carriers › Article 3 - Motor Carrier Safety › Section 65-3-13 - Transportation of hazardous materials.

The director shall adopt regulations not inconsistent with or more stringent than applicable federal safety standards concerning the safe transportation of hazardous materials, including hazardous substances and waste.
A. These regulations shall include but not be limited to:
(1) marking;
(2) labeling;
(3) placarding;
(4) shipping documents;
(5) hazardous material packaging;
(6) driving;
(7) parking;
(8) attendance and surveillance of motor vehicles;
(9) smoking;
(10) fueling;
(11) checking tires;
(12) loading and securement;
(13) cargo tanks;
(14) damaged and leaking packagings and containers;
(15) maintenance of emergency instructions and documents; and
(16) avoidance of heavily populated areas and open fires.
B. These regulations shall authorize a vehicle to be placed out-of-service because of an unsafe condition relating to the hazardous materials being transported. The out-of-service condition shall preclude the movement of the vehicle until the unsafe condition is remedied.
History:
1978 Comp., § 65-3-13, enacted by Laws 1989, ch. 201, § 13.
2023 New Mexico Statutes › Chapter 65 - Motor Carriers › Article 3 - Motor Carrier Safety › Section 65-3-14 - Drug and alcohol testing program; report of positive test.

A. A motor carrier shall have an in-house drug and alcohol testing program that meets the requirements of 49 C.F.R. part 382 or be a member of a consortium, as defined in 49 C.F.R. part 382.107, that provides testing that meets the requirements of C.F.R. part 382.
B. A person or entity specified in 49 C.F.R. part 382.103, who is not explicitly excepted by New Mexico law, is subject to the provisions of this section and shall report positive test results or a refusal to submit to a test pursuant to provisions in this section. A refusal to submit to a pre-employment test shall not be considered a violation of this section.
C. When a person or entity specified in 49 C.F.R. part 382.103 determines that a positive test result is valid, the person or entity shall report the findings to the motor vehicle division of the taxation and revenue department. The motor vehicle division shall enter the report of a positive test result or refusal to submit to a test on the reported person's motor vehicle record so that it can be contained in the commercial driver's license information system pursuant to the New Mexico Commercial Driver's License Act [66-5-52 to 66-5-72 NMSA 1978].
D. The division shall keep the report of a positive test result or the refusal to submit to a test in the motor vehicle record of the driver for five years from the time the report was received by the motor vehicle division.
History:
Laws 2007, ch. 151, § 1; 2009, ch. 200, § 2.
ANNOTATIONS
The 2009 amendment,
effective July 1, 2009, deleted former Subsection B, which provided that at the time of registration or renewal of registration of a commercial motor vehicle, a motor carrier shall certify that the motor carrier is in compliance with the requirements of Subsection A; added Subsection B; in Subsection C, after "When a", deleted "medical review officer of a motor carrier's testing program or of the consortium to which the motor carrier belongs" and added "person or entity specified in 49 C.F.R. part 382.103"; in the second sentence, after "division shall enter the" added "report of a"; and after "positive test", deleted "results" and added "result or refusal to submit to a test on the reported person's motor vehicle record so that it can be contained"; and added Subsection D.
2023 New Mexico Statutes › Chapter 65 - Motor Carriers › Article 3 - Motor Carrier Safety › Section 65-3-14 - Drug and alcohol testing program; report of positive test. (Effective January 1, 2024.)

A. A motor carrier shall have an in-house drug and alcohol testing program that meets the requirements of 49 C.F.R. part 382 or be a member of a consortium, as defined in 49 C.F.R. part 382.107, that provides testing that meets the requirements of 49 C.F.R. part 382.
B. A person or entity specified in 49 C.F.R. part 382.103, who is not explicitly excepted by New Mexico law, is subject to the provisions of this section and shall report positive test results or a refusal to submit to a test pursuant to provisions in this section. A refusal to submit to a pre-employment test shall not be considered a violation of this section.
C. When a person or entity specified in 49 C.F.R. part 382.103 determines that a positive test result is valid, the person or entity shall report the findings to the motor vehicle division of the taxation and revenue department. The motor vehicle division shall enter the report of a positive test result or refusal to submit to a test on the reported person's motor vehicle record so that it can be contained in the commercial driver's license information system pursuant to the New Mexico Commercial Driver's License Act [66-5-52 to 66-5-72 NMSA 1978].
D. The division shall keep the report of a positive test result or the refusal to submit to a test in the motor vehicle record of the driver for five years from the time the report was received by the motor vehicle division.
E. The division shall seek reports from the federal commercial driver's license drug and alcohol clearinghouse for actions relating to commercial driver's licenses or commercial driver's permits.
History:
Laws 2007, ch. 151, § 1; 2009, ch. 200, § 2; 2023, ch. 70, § 2.
ANNOTATIONS
The 2023 amendment,
effective January 1, 2024, required the motor vehicle division to obtain reports from the federal commercial driver's license drug and alcohol clearinghouse for actions relating to commercial driver's licenses or commercial driver's permits; and added Subsection E.
2023 New Mexico Statutes › Chapter 65 - Motor Carriers › Article 4 - Motor Carrier Transportation Agents (Repealed.) › Section 65-4-1 to 65-4-18 - Repealed.

ANNOTATIONS
Repeals.
— Laws 2003, ch. 359 § 44, repealed 65-4-1 to 65-4-18 NMSA 1978, as enacted by Laws 1933, ch. 120, §§ 1 to 19, relating to motor carrier transportation agents, effective July 1, 2003. For provisions of the former sections,
see
the 2002 NMSA 1978 on
NMOneSource.com
. For the Motor Carrier Act,
see
65-2A-1 NMSA 1978.
2023 New Mexico Statutes › Chapter 65 - Motor Carriers › Article 5 - Procedures for Vehicles Entering or Leaving State › Section 65-5-1.2 - Joint ports of entry; enforcement authority.

The department may require commercial motor carrier vehicles to stop at a joint port of entry in an adjoining state. The joint port of entry shall be established pursuant to an agreement entered into between the department and another state pursuant to Section 9-11-12 NMSA 1978.
History:
1978 Comp., § 65-5-1.2, enacted by Laws 1989, ch. 319, § 7.
2023 New Mexico Statutes › Chapter 65 - Motor Carriers › Article 5 - Procedures for Vehicles Entering or Leaving State › Section 65-5-2 - Proof of compliance; schedule of penalties.

Except as otherwise provided in this section, a commercial motor carrier vehicle having a gross vehicle weight or combination gross vehicle weight of over twenty-six thousand pounds shall not travel on New Mexico highways without either proof that the trip tax has been paid for the movement of the vehicle or both evidence of registration and a tax identification permit issued by the department, unless that vehicle is exempt from the weight distance tax. The department may, by regulation, exempt portions of a highway from the requirements of this section if those portions are prior to reaching a port of entry where the trip tax may be paid.
History:
1941 Comp., § 68-1528, enacted by Laws 1943, ch. 125, § 9; 1953 Comp., § 64-30-9; Laws 1967, ch. 97, § 38; 1977, ch. 250, § 97; 1983, ch. 142, § 2; 1987, ch. 272, § 1; 1992, ch. 106, § 19; 2007, ch. 209, § 3.
ANNOTATIONS
Cross references.
— For definition of department,
see
65-1-2 NMSA 1978.
The 2007 amendment,
effective July 1, 2007, changed "card" to "permit".
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 5 - Procedures for Vehicles Entering or Leaving State › Section 65-5-2.1 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1992, ch. 106, § 23 repealed 65-5-2.1 NMSA 1978, as enacted by Laws 1987, ch. 272, § 2, relating to multiple-offense citations, 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 5 - Procedures for Vehicles Entering or Leaving State › Section 65-5-3 - Clearance certificates; types of carriers. (Effective July 1, 2024.)

After inspection of the vehicle and related documentation and any necessary registration, clearance certificates or special permits may be issued by the department for:
A. commercial motor carrier vehicles operating in compliance with the provisions of the Motor Carrier Act [65-2A-1 to 65-2A-41 NMSA 1978] when:
(1) all taxes and registration fees required by the laws of this state upon the vehicles and contents of the vehicles have been paid and all other laws and rules and regulations of departments of this state applicable to the vehicles and contents have been complied with; and
(2) the operator or owner of the vehicle is not in default or delinquent in the payment of any tax, the filing of any report or the observance of any requirements of the Motor Carrier Act;
B. commercial motor carrier vehicles classified and designated in law as exempt when:
(1) all taxes required by the laws of this state upon the contents of the vehicles have been paid and all other laws and rules and regulations of departments of this state applicable to the contents have been complied with; and
(2) the vehicles have been registered in this state or another state and evidence of registration, including proper display of registration plates, required by the laws of this state is provided;
C. commercial motor carrier vehicles not registered or licensed in this state that are transporting passengers for hire or property for hire or resale when:
(1) all taxes and registration fees required by the laws of this state upon the vehicles and contents of the vehicles have been paid and all other laws and rules and regulations of departments of this state applicable to the vehicles and contents have been complied with;
(2) the vehicle is properly covered by liability insurance in accordance with the provisions of the Motor Carrier Act and the rules of the department of transportation; and
(3) the trip tax has been fully paid; and
D. commercial motor carrier vehicles not registered or licensed in this state that are transporting property not for hire or resale when:
(1) all taxes required by the laws of this state upon the contents of the vehicles have been paid and all other laws, rules and regulations applicable to such contents have been complied with; and
(2) the trip tax has been fully paid.
History:
1941 Comp., § 68-1529, enacted by Laws 1943, ch. 125, § 10; 1953 Comp., § 64-30-10; Laws 1967, ch. 97, § 39; 1992, ch. 106, § 20; 2023, ch. 100, § 64.
ANNOTATIONS
The 2023 amendment,
effective July 1, 2024, removed a reference to the state corporation commission due to the transfer of certain powers and duties to the department of transportation; and in Subsection C, Paragraph C(2), after "rules of the", deleted "state corporation commission" and added "department of transportation".
2023 New Mexico Statutes › Chapter 65 - Motor Carriers › Article 5 - Procedures for Vehicles Entering or Leaving State › Section 65-5-4 - Recompiled.

ANNOTATIONS
Recompilations.
— Laws 1998 (1st S.S.), ch. 10, § 10, recompiled former 65-5-4 NMSA 1978, relating to unregistered foreign commercial motor carrier vehicle operations, as 66-3-1.3 NMSA 1978, effective July 1, 1998.
2023 New Mexico Statutes › Chapter 65 - Motor Carriers › Article 5 - Procedures for Vehicles Entering or Leaving State › Section 65-5-5 - Mexican commercial motor vehicles; movement through border commercial zone; registration exemption; financial responsibility; domestic transportation.

A. A Mexican commercial motor vehicle is exempt from requirements for motor vehicle registration in this state, including temporary registration, if the motor vehicle is engaged solely in movement across the international border between New Mexico and the United Mexican States into or from an international border commercial zone, and the motor vehicle is registered and licensed as required by the law of another country. A Mexican commercial motor vehicle and its driver operating pursuant to the exemption under this section may be considered unregistered if the motor vehicle is operated in this state outside the border commercial zone or in violation of United States law.
B. The department shall adopt rules that conform with federal law requiring motor carriers operating Mexican commercial motor vehicles in this state to maintain financial responsibility.
C. A Mexican commercial motor vehicle shall not transport persons or cargo in intrastate commerce in this state unless the motor vehicle is authorized to conduct operations in interstate and foreign commerce domestically between points in the United States under federal law or international agreement.
D. As used in this section:
(1) "border commercial zone" means a commercial zone established pursuant to federal law or regulations, any portion of which is contiguous to the border between this state and the United Mexican States; and
(2) "Mexican commercial motor vehicle" means a commercial motor carrier vehicle that is registered or titled in the United Mexican States.
History:
Laws 2003, ch. 24, § 1.
ANNOTATIONS
Effective dates.
— Laws 2003, ch. 24, contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective on June 20, 2003, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 65 - Motor Carriers › Article 6 - Ambulance Standards › Section 65-6-1 - Short title.

Sections 1 through 6 [65-6-1 to 65-6-6 NMSA 1978] of this act may be cited as the "Ambulance Standards Act".
History:
1953 Comp., § 64-40-1, enacted by Laws 1974, ch. 82, § 1.
ANNOTATIONS
Cross references.
— For ambulance service for political subdivisions,
see
5-1-1 NMSA 1978.
For traffic laws pertaining to authorized emergency vehicles,
see
66-7-6 and 66-7-332 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
Liability of operator of ambulance service for personal injuries to person being transported, 68 A.L.R.4th 14.
2023 New Mexico Statutes › Chapter 65 - Motor Carriers › Article 6 - Ambulance Standards › Section 65-6-1 - Short title. (Effective July 1, 2024.)

Chapter 65, Article 6 NMSA 1978 may be cited as the "Ambulance Standards Act".
History:
1953 Comp., § 64-40-1, enacted by Laws 1974, ch. 82, § 1; 2023, ch. 100, § 65.
ANNOTATIONS
The 2023 amendment,
effective July 1, 2024, changed "Sections 1 through 6 of this act" to "Chapter 65, Article 6 NMSA 1978".
2023 New Mexico Statutes › Chapter 65 - Motor Carriers › Article 6 - Ambulance Standards › Section 65-6-2 - Definitions.

As used in the Ambulance Standards Act:
A. "ambulance" means a vehicle, including motor vehicles or watercraft, designed and used or intended to be used for the transportation of sick or injured persons;
B. "driver" means a person who, on a regular or irregular basis, either paid or voluntary, serves as the operator of an ambulance;
C. "attendant" means a person who, on a regular or irregular basis, either paid or voluntary, serves as an assistant to the driver in the operation of the ambulance; and
D. "commission" means the public regulation commission.
History:
1953 Comp., § 64-40-2, enacted by Laws 1974, ch. 82, § 2; 1977, ch. 156, § 1; 1998, ch. 108, § 78.
ANNOTATIONS
The 1998 amendment,
effective January 1, 1999, deleted "ambulance" preceding "assistant to the" near the end of Subsection C, substituted "public regulation" for "state corporation" at the end of Subsection D, and made minor stylistic changes.
2023 New Mexico Statutes › Chapter 65 - Motor Carriers › Article 6 - Ambulance Standards › Section 65-6-2 - Definitions. (Effective July 1, 2024.)

As used in the Ambulance Standards Act:
A. "ambulance" means a vehicle, including motor vehicles or watercraft, designed and used or intended to be used for the transportation of sick or injured persons;
B. "attendant" means a person who, on a regular or irregular basis, either paid or voluntary, serves as an assistant to the driver in the operation of the ambulance;
C. "department" means the department of transportation; and
D. "driver" means a person who, on a regular or irregular basis, either paid or voluntary, serves as the operator of an ambulance.
History:
1953 Comp., § 64-40-2, enacted by Laws 1974, ch. 82, § 2; 1977, ch. 156, § 1; 1998, ch. 108, § 78; 2023, ch. 100, § 66.
ANNOTATIONS
The 2023 amendment,
effective July 1, 2024, defined "department," redefined "driver" and removed the definition of "commission"; deleted former Subsection B and redesignated former Subsection C as Subsection B; deleted former Subsection D; and added new Subsections C and D.
2023 New Mexico Statutes › Chapter 65 - Motor Carriers › Article 6 - Ambulance Standards › Section 65-6-3 - Legislative purpose.

The purpose of the Ambulance Standards Act is to provide uniform standards of design, equipment and operation of ambulances used in the transportation of the sick and injured, and to ensure the highest standards of competence in the ambulance drivers and attendants providing service to the public.
History:
1953 Comp., § 64-40-3, enacted by Laws 1974, ch. 82, § 3.
2023 New Mexico Statutes › Chapter 65 - Motor Carriers › Article 6 - Ambulance Standards › Section 65-6-4 - Corporation commission [public regulation commission]; duties.

The corporation commission [public regulation commission], in accordance with its responsibilities to regulate common carriers, shall, within one year of the effective date of this act, hold public hearings, as prescribed in Article 2 of Chapter 65 NMSA 1978 [repealed], and adopt regulations:
A. for the establishment of reasonable, flexible standards for ambulances, including but not limited to:
(1) vehicle design;
(2) health and safety equipment to be maintained and used in ambulances;
(3) procedures for the operation of ambulances; and
(4) at least annual inspection of ambulances; and
B. for the licensure of all ambulance drivers and attendants, to include:
(1) minimum training requirements to include basic and advanced red cross and such other available training as the commission finds reasonable and in the best interests of the public; and
(2) a written and practical examination of competence limited to that material, information and training required of ambulance drivers and attendants, respectively, in the regulations adopted by the corporation commission [public regulation commission].
In establishing standards for ambulances, the commission shall give serious consideration to the vehicle needs and limitations imposed by the topography and road and weather conditions of various localities. Further, the commission shall take into consideration the resources of the various communities, institutions and sponsoring organizations providing ambulance service to the public.
History:
1953 Comp., § 64-40-4, enacted by Laws 1974, ch. 82, § 4.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Laws 1981, ch. 358, § 49 repealed 65-2-1 to 65-2-79 NMSA 1978, effective April 10, 1981, and Laws 2003, ch. 359 § 44 repealed 65-2-80 to 65-2-127 NMSA 1978, effective July 1, 2003. For present comparable provisions of "Article 2, Chapter 65", as referenced in the first paragraph,
see
Chapter 65, Article 2A NMSA 1978.
Laws 1998, ch. 108, § 80 provided that all references to the state corporation commission be construed as references to the public regulation commission.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
7A Am. Jur. 2d Automobiles and Highway Traffic §§ 185, 202.
60 C.J.S. Motor Vehicles § 26.
2023 New Mexico Statutes › Chapter 65 - Motor Carriers › Article 6 - Ambulance Standards › Section 65-6-4 - Department; duties. (Effective July 1, 2024.)

The department, in accordance with its responsibilities to regulate common carriers, shall hold public hearings as prescribed in the Motor Carrier Act [65-2A-1 to 65-2A-41 NMSA 1978] and adopt rules:
A. for the establishment of reasonable, flexible standards for ambulances, including but not limited to:
(1) vehicle design;
(2) health and safety equipment to be maintained and used in ambulances;
(3) procedures for the operation of ambulances; and
(4) at least annual inspection of ambulances; and
B. for the licensure of all drivers and attendants, to include:
(1) minimum training requirements to include basic and advanced red cross and such other available training as the department finds reasonable and in the best interests of the public; and
(2) a written and practical examination of competence limited to that material, information and training required of drivers and attendants, respectively, in the rules adopted by the department.
In establishing standards for ambulances, the department shall give serious consideration to the vehicle needs and limitations imposed by the topography and road and weather conditions of various localities. Further, the department shall take into consideration the resources of the various communities, institutions and sponsoring organizations providing ambulance service to the public.
History:
1953 Comp., § 64-40-4, enacted by Laws 1974, ch. 82, § 4; 1978 Comp., § 65-6-4; 2023, ch. 100, § 67.
ANNOTATIONS
The 2023 amendment,
effective July 1, 2024, removed references to the corporation commission due to the transfer of certain powers and duties to the department of transportation; in the section heading, deleted "Corporation commission" and added "Department"; in the introductory clause, after "The", deleted "corporation commission" and added "department", after "shall", deleted "within one year of the effective date of this Act", after "prescribed in", changed "Article 27 of Chapter 64 NMSA 1978" to "the Motor Carrier Act", and after "adopt", deleted "regulations" and added "rules"; and in Subsection B, changed each occurrence of "commission" to "department" throughout the subsection.
2023 New Mexico Statutes › Chapter 65 - Motor Carriers › Article 6 - Ambulance Standards › Section 65-6-5 - Applicability of act. (Repealed effective July 1, 2024.)

Upon the effective date of the Ambulance Standards Act all ambulances operating in New Mexico, except those excluded in Section 6 [65-6-6 NMSA 1978], shall be issued a three-year certificate of public convenience and necessity by the state corporation commission [public regulation commission].
History:
1953 Comp., § 64-40-5, enacted by Laws 1974, ch. 82, § 5.
ANNOTATIONS
Delayed repeals.
— Laws 2023, ch. 100, § 82 repealed 65-6-5 NMSA 1978, effective July 1, 2024.
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.
2023 New Mexico Statutes › Chapter 65 - Motor Carriers › Article 6 - Ambulance Standards › Section 65-6-6 - Exceptions.

The Ambulance Standards Act does not apply to:
A. gratuitous assistance by any individual in the case of an emergency;
B. law enforcement officials in the pursuit of their duties; and
C. ambulances owned by a private company, corporation or business used primarily for the transportation of sick or injured employees from the place of business to a hospital or other facility for treatment; however, no such ambulance may be used to transport any person from one hospital to another hospital or similar facility, or from a hospital to the sick or injured person's home.
History:
1953 Comp., § 64-40-6, enacted by Laws 1974, ch. 82, § 6.