reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 3 - MOTOR CARRIER GENERAL PROVISIONS › Part 15 - FUEL SURCHARGE FOR NON-CONSENSUAL › Section 18.3.15.8 - FUEL SURCHARGE LINE ITEM CALCULATION

Current through Register Vol. 35, No. 13, July 16, 2024
A towing service may add to a non-consensual tow invoice a
				  separate fuel surcharge line item that must comply with the following table and
				  formula.
A.
formula
: the
				fuel surcharge amount is calculated by multiplying the total allowable mileage
				charge by the 'multiplier' in the table, below, that corresponds to the
				applicable 'EIA gas/diesel price range for the Rocky Mountain region'. Example:
				if the total allowable mileage charge for the non-consensual tow is $100, and
				that week's EIA fuel price (as identified on the EIA website) is $4.00, then
				that fuel price falls within the $3.76 - $4.00 price range, which corresponds
				on the table, below, to a multiplier of .0675; so the fuel surcharge is
				calculated as $100 (the mileage charge) multiplied by .0675 (or 6.75%), which
				equals a fuel surcharge amount of $6.75.
B.
table:
EIA Fuel Price Range
Multiplier
$2.26 - $2.50
.0375 (or 3.75%)
$2.51 - $2.75
.0425 (or 4.25%)
$2.76 - $3.00
.0475 (or 4.75%)
$3.01 - $3.25
.0525 (or 5.25%)
$3.26 - $3.50
.0575 (or 5.75%)
$3.51 - $3.75
.0625 (or 6.25%)
$3.76 - $4.00
.0675 (or 6.75%)
$4.01 - $4.25
.0725 (or 7.25%)
$4.26 - $4.50
.0775 (or 7.75%)
$4.51 - $4.75
.0825 (or 8.25%)
$4.76 - $5.00
.0875 (or 8.75%)
$5.01 - $5.25
.0925 (or 9.25%)
$5.26 - $5.50
.0975 (or 9.75%)
$5.51 - $5.75
.1025 (or 10.25%)
$5.76 - $6.00
.1075 (or 10.75%)
$6.01 - $6.25
.1125 (or 11.25%)
$6.26 - $6.50
.1175 (or 11.75%)
$6.51 - $6.75
.1225 (or 12.25%)
$6.76 - $7.00
.1275 (or 12.75%)
$7.01 - $7.25
.1325 (or 13.25%)
$7.26 - $7.50
.1375 (or 13.75%)
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 7 - TRANSPORTATION NETWORK COMPANIES › Part 1 - GENERAL PROVISIONS › Section 18.7.1.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
This part is promulgated pursuant to the provisions of the
				  Transportation Network Company Services Act, Chapter 65, Article 7 NMSA 1978
				  and 2023 N.M. Laws, Chapter 100, Section 81.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 7 - TRANSPORTATION NETWORK COMPANIES › Part 1 - GENERAL PROVISIONS › Section 18.7.1.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
In addition to the definitions contained in Section 65-7-2
				  NMSA 1978, as used in this rule:
A.
"Act"
means the Transportation Network Company Services
				Act.
B. "
Department
"
				means the New Mexico department of transportation.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 7 - TRANSPORTATION NETWORK COMPANIES › Part 1 - GENERAL PROVISIONS › Section 18.7.1.8 - VEHICLE INSPECTIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. A
				transportation network company shall cause every motor vehicle to be inspected
				prior to initial service and once each calendar year thereafter.
B. Inspections must be performed by a
				mechanic certified by the national institute for automotive service excellence
				(ASE) or qualified pursuant to the requirements of
				49 CFR
				396.19. Brake inspections must be performed
				by a mechanic qualified pursuant to the requirements of
				49 CFR
				396.25.
C. Vehicle inspections must include, without
				limitation, an inspection of the foot and emergency brakes, steering,
				windshield, rear window, other glass, windshield wipers, headlights,
				taillights, turn indicator lights, braking lights, front seat adjustment
				mechanisms, doors, horn, speedometer, bumpers, muffler, exhaust, tires, rear
				view mirrors and safety belts of the vehicle which ensures the proper
				functioning of each component or an inspection complying with the requirements
				of 49 CFR
				396.17 or
				49 CFR
				396.23.
D. Records of all inspections performed
				pursuant to section shall be maintained in accordance with the requirements of
				49 CFR
				396.21 and the Act.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 7 - TRANSPORTATION NETWORK COMPANIES › Part 1 - GENERAL PROVISIONS › Section 18.7.1.9 - TRANSPORTATION NETWORK COMPANY PERMIT APPLICATION PROCESS

Current through Register Vol. 35, No. 13, July 16, 2024
A. A transportation network company shall
				apply for a transportation network company permit in writing on the form
				prescribed by the department at least 30 days prior to the intended date of
				operations.
B. An application for a
				transportation network company permit shall contain the following information
				and documents:
(1) the applicant's
				name;
(2) if the applicant is a
				sole proprietorship or a partnership, the applicants' social security number(s)
				for purposes of verifying parental responsibility act compliance;
(3) the applicant's d/b/a name, if
				applicable;
(4) the applicant's
				principal place of business and mailing address;
(5) the applicant's electronic mail
				address;
(6) if the applicant is a
				corporation:
(a) the names and addresses of
				two principal officers;
(b)
				evidence that the applicant is authorized by the office of the secretary of
				state to do business in New Mexico and is in good corporate standing.
(7) if the applicant is other than
				a corporation, a description of the form of ownership and the names and
				addresses of all principal owners and managers;
(8) appointment of an agent for service of
				process;
(9) a statement and
				general description of the type of services to be performed by the
				applicant;
(10) a permit fee as set
				forth in the Act;
(11) a copy of
				the insurance policy that meets the requirements set forth in the
				Act;
(12) a copy of the insurance
				coverage disclosures that meets the requirements set forth in the
				Act;
(13) the applicant's combined
				reporting system (CRS) number obtained from the New Mexico taxation and revenue
				department;
(14) a certification
				that the applicant will comply with the requirements of the Act.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 7 - TRANSPORTATION NETWORK COMPANIES › Part 1 - GENERAL PROVISIONS › Section 18.7.1.10 - PROOF OF FINANCIAL RESPONSIBILITY

Current through Register Vol. 35, No. 13, July 16, 2024
A. Each transportation network company must
				file proof of financial responsibility with the commission in the exact legal
				and d/b/a names as the name in which the permit is issued.
B. Proof of the required financial
				responsibility for bodily injury and property damage liability must be
				presented on a uniform filing "Form T" issued by an insurer or eligible surplus
				lines insurer authorized by the New Mexico office of superintendent of
				insurance.
C. Cancellation of an
				insurance policy may be effected only by giving 30 days prior notice in writing
				to the department,
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 7 - TRANSPORTATION NETWORK COMPANIES › Part 1 - GENERAL PROVISIONS › Section 18.7.1.11 - NON-EMERGENCY MEDICAL TRANSPORT SERVICES

Current through Register Vol. 35, No. 13, July 16, 2024
This rule is adopted on an emergency basis pursuant to
				  Section 62-19-21 NMSA 1978 and Section 14-4-5.6 NMSA 1978 to preserve the
				  public peace, health, safety or general welfare. Non-emergency medical
				  transport services:
A. may be provided
				only to riders who do not require medical intervention to maintain their level
				of response, airway, breathing and circulatory status, with the exception that
				self-administered oxygen is not to exceed six liters per minute via a nasal
				cannula; the oxygen container must be secured in accordance with other state
				and federal laws; and
B. may not be
				provided to riders who are recumbent (for example, on transport gurneys) or
				require medical monitoring or medical intervention.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 9 - REGULATORY PROCEDURES › Part 1 - GENERAL PROVISIONS - HEARINGS › Section 18.9.1.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule applies to all transportation service providers
				  subject to the jurisdiction of the department of transportation under the Motor
				  Carrier Act, Sections 65-2A-1 to -41 NMSA 1978, the Ambulance Standards Act,
				  Sections 65-6-1 to -6 NMSA 1978, and the Transportation Network Company
				  Services Act, Sections 65-7-1 to -22 NMSA 1978.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 9 - REGULATORY PROCEDURES › Part 1 - GENERAL PROVISIONS - HEARINGS › Section 18.9.1.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Sections 65-2A-4, 65-6-4, 65-7-21 to -22, and 67-3-6.1 NMSA
				  1978, and 2023 N.M. Laws, Chapter 100, Section 81.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 9 - REGULATORY PROCEDURES › Part 1 - GENERAL PROVISIONS - HEARINGS › Section 18.9.1.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The purpose of this rule is to set forth the administrative
				  hearing procedures applicable to motor carrier and transportation network
				  services in New Mexico.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 9 - REGULATORY PROCEDURES › Part 1 - GENERAL PROVISIONS - HEARINGS › Section 18.9.1.8 - HEARING REQUEST

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Written request required:
Any person seeking a hearing shall
				timely file a written request for hearing. The request shall be brief and
				include:
(1) the requestor's name, title,
				business name and telephone number;
(2) a short summary of the reason for the
				hearing request; and
(3) identify
				or attach the action or proposed action that is the basis for the
				request.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 9 - REGULATORY PROCEDURES › Part 1 - GENERAL PROVISIONS - HEARINGS › Section 18.9.1.9 - ELECTRONIC FILING AND SERVICE OF PLEADINGS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Electronic filing required:
All filings must be submitted electronically in PDF format to the records
				bureau. The hearing examiner may require that any document filed in PDF be
				additionally supplied directly to hearings or parties in the document's native
				format.
B.
Fees:
A
				pleading will not be filed until payment of any required fee, as identified in
				Rule 18.3.5 NMAC, is electronically or physically received by the records
				bureau.
C.
Public disclosure
				and protection of information:
All records submitted, created or held by
				the department are subject to public disclosure with certain exceptions, as
				provided by law. Unauthorized or damaging public disclosure of sensitive
				information is avoided as follows:
(1)
Redaction requirements:
Unless critical to a determination of the
				issues at hearing, all confidential information shall be redacted by blacking
				out only the affected text prior to the submission of any filing;
(2)
Protective order:
When
				confidential, sensitive and protected information is critical to the
				determination of the issues at hearing, a motion for protective order shall be
				filed along with a redacted version of the document. The request shall provide
				any legal basis and state with particularity the injury which may result from
				the disclosure of that information. The hearing examiner shall determine the
				extent and the manner in which that information is required to be
				disclosed.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 9 - REGULATORY PROCEDURES › Part 1 - GENERAL PROVISIONS - HEARINGS › Section 18.9.1.10 - REPRESENTATION IN PROCEEDINGS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Representation:
Only the person challenging the action or for a
				business, a bona fide majority owner, or an attorney licensed and authorized to
				practice in New Mexico may represent a person in a proceeding.
B.
Entry of appearance:
A formal
				written entry of appearance must be filed by any attorney wishing to represent
				a person or party to a proceeding.
C.
Verification:
The hearing
				examiner may require any person or entity to provide appropriate documentation
				in order to verify any claimed representational authority.
D.
Failure to appear:
A party
				that provides no appearance at a scheduled hearing is deemed to have abandoned
				and dismissed their request for hearing unless, within 10 calendar days after
				the date of the scheduled hearing, the party presents good cause for failure to
				appear; "good cause" includes death in the family, disabling personal illness,
				or other significant emergency; at the discretion of the hearing examiner,
				other extraordinary circumstances may be considered good cause.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 9 - REGULATORY PROCEDURES › Part 1 - GENERAL PROVISIONS - HEARINGS › Section 18.9.1.11 - HEARING EXAMINER AUTHORITY AND DUTIES

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Impartiality:
A hearing
				examiner shall disqualify themselves from any case in which they have a
				personal stake, relationship or prior involvement in the underlying dispute, or
				when their impartiality is reasonably questioned.
B.
Fairness:
A hearing examiner
				shall ensure parties are provided an opportunity to:
(1) present their position and
				testimony;
(2) present witnesses to
				provide relevant information;
(3)
				submit evidence to establish all pertinent facts;
(4) advance arguments without undue
				interference;
(5) challenge
				evidence and cross examine witnesses.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 9 - REGULATORY PROCEDURES › Part 1 - GENERAL PROVISIONS - HEARINGS › Section 18.9.1.12 - PRE-HEARING EVENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Pre-hearing conference:
A hearing examiner may conduct a
				pre-hearing conference of the parties as necessary to inform and confer on
				procedural issues and timelines, clarify issues in dispute, address motions or
				discovery disputes, and support settlement negotiations between the
				parties.
B.
Procedural
				scheduling order:
A hearing examiner may coordinate with the parties to
				create a schedule of pre-hearing events and a timeline for the
				hearing.
C.
Subpoena:
At any time prior to the hearing, a party may file a request for the issuance
				of a subpoena for a witness or specific document to be presented at hearing.
				Such request must set forth the reasons supporting the issuance and be
				accompanied by a proposed subpoena form. The return of certificated service, or
				affidavit of service, shall be promptly filed.
D.
Informal resolution:
The
				parties are encouraged to engage in informal discussions to identify issues in
				dispute and consider possible resolutions or stipulations.
E.
Settlement:
The parties may
				resolve some or all of the issues at any time and file their signed, written
				agreement in the record. Once filed, the hearing examiner may, subject to
				reconsideration, limit the scope of the hearing or dismiss the case, as
				indicated by the agreement.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 9 - REGULATORY PROCEDURES › Part 1 - GENERAL PROVISIONS - HEARINGS › Section 18.9.1.13 - PRE-FILED DIRECT TESTIMONY

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Force and effect:
Prepared written testimony shall be received
				with the same force and effect as though it were stated orally by the witness.
				Witnesses must be present at the public hearing and shall adopt, under oath,
				their prepared written testimony, subject to cross-examination and motions to
				strike, unless the witness's presence at public hearing is waived without
				objection by the parties.
B.
Form:
Written testimony shall be in the following format:
(1) the cover page shall contain the case
				caption, case number, name and title of the witness;
(2) all pages are to be typed, double-spaced
				and numbered in the footer;
(3) the
				top, bottom, and left-hand margins shall be at least one and one-half
				inches;
(4) the name of the witness
				and the case number, if then known, shall be typed at the top center of each
				page in the header;
(5) line
				numbers shall be present on the left-hand side of each page of
				testimony;
(6) testimony shall be
				in question-and-answer format;
(7)
				proposed exhibits relating to the testimony shall be clearly cited in, and
				attached to, the testimony unless otherwise directed by the hearing examiner;
				and
(8) testimony shall be
				supported by affidavit.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 9 - REGULATORY PROCEDURES › Part 1 - GENERAL PROVISIONS - HEARINGS › Section 18.9.1.14 - ADMISSIBILITY OF EVIDENCE

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Formal rules of evidence and civil procedure do not apply:
An
				orderly exchange of relevant information is encouraged with consideration for
				the legal requirement that any final decision be supported by competent
				evidence.
B.
Limited
				objections to exclude evidence:
All evidence is subject to appropriate
				and timely objection. The hearing examiner may exclude irrelevant evidence and
				limit repetitive or unduly cumulative evidence, with or without objection.
				Admitted evidence shall be provided the appropriate deference and weight by the
				hearing examiner with respect to its necessity, competence, availability, and
				trustworthiness.
C.
Administrative notice:
The hearing examiner may take
				administrative notice of any matter in which courts of this state may take
				judicial notice, including of laws, court orders, official agency records, and
				the department (or its predecessor's) orders, filings and records. Matters
				noticed are admitted into evidence to the same extent as other relevant
				evidence, either by citation to a publicly accessible document or by inclusion
				in the record of a copy of the relevant portion of the document(s).
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 9 - REGULATORY PROCEDURES › Part 1 - GENERAL PROVISIONS - HEARINGS › Section 18.9.1.15 - EXHIBITS AND STIPULATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Marking of exhibits:
Exhibits shall be paginated and marked
				numerically in the order of introduction by the moving party.
B.
Availability:
(1) Evidence to be presented as exhibits must
				be made available to all parties at least ten (10) calendar days prior to the
				hearing;
(2) Partial documents. If
				only a portion of a document is offered as evidence, then the parties and
				hearing examiner shall be afforded a prior opportunity to examine the complete
				document that contains that designated portion;
(3) Rebuttal evidence intended to explain,
				counteract, repel, or disprove evidence submitted by another party or by staff
				shall be presented at least five (5) calendar days prior to the
				hearing.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 9 - REGULATORY PROCEDURES › Part 1 - GENERAL PROVISIONS - HEARINGS › Section 18.9.1.16 - CONFERENCE AND HEARING FORMAT

Current through Register Vol. 35, No. 13, July 16, 2024
A.
In-person or electronic:
The hearing examiner may conduct a
				conference or hearing in-person or electronically by telephone or
				videoconference.
B.
Continuance or reconvening in an alternative format:
If at any
				point in the proceedings the hearing examiner determines that the scheduled
				format is not sufficient to develop an adequate record, to address credibility
				issues, or to otherwise ensure a full and fair hearing process, then the
				proceedings may be continued, or recessed and reconvened in an alternative
				format. Consideration must be given to any public hearing notice
				requirements.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 9 - REGULATORY PROCEDURES › Part 1 - GENERAL PROVISIONS - HEARINGS › Section 18.9.1.17 - HEARING PROCESS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Opening:
The hearing examiner will provide an overview of the
				hearing process to the participants. Any commenters are provided an opportunity
				to enter an oral or written statement for the record, but comments shall not be
				considered or entered as evidence. The parties may offer a brief position
				statement.
B.
Order of
				presentment:
Sworn testimony and evidence will ordinarily be received
				and admitted to the record in the order prescribed in this section unless
				otherwise directed by the hearing examiner.
(1)
Challenged applications:
(a) staff assessment;
(b) applicant;
(c) intervenors; and
(d) rebuttal by staff or applicant.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 9 - REGULATORY PROCEDURES › Part 1 - GENERAL PROVISIONS - HEARINGS › Section 18.9.1.18 - POST-HEARING

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Record of
				proceedings, evidence and testimony:
A full and complete record of all
				proceedings shall be made electronically by recording and taken and transcribed
				by a certified court reporter. The transcribed record and entered exhibits
				shall be filed in the docket upon receipt by the hearing examiner.
B.
Corrections:
Suggested
				corrections to the transcript or record must be filed within 10 calendar days
				after the transcript is filed, except for good cause shown. Failure to timely
				file suggested corrections without good cause constitutes a waiver of
				objections to the transcript. The hearing examiner shall, with or without
				public hearing, determine what changes, if any, shall be adopted.
C.
Briefs:
At the discretion and
				direction of the hearing examiner, the parties may file proposed findings of
				fact and conclusions of law, briefs of arguments and response briefs, or to
				submit written memoranda on specific points of law. Citations to the transcript
				shall use the form "Tr." followed by the transcript page number. If a
				transcript is made by electronic recording, citation to the transcript shall
				use time markers.
D.
Recommended decision:
The hearing examiner shall file and serve a
				proposed recommended decision with clear findings of fact based solely on the
				record and conclusions of law. Citations to the recommended decision shall use
				the form "RD" followed by the page number.
E.
Exceptions and response:
Parties may file exceptions to the recommended decision's findings of fact or
				conclusions of law within 15 calendar days of issuance. Unless otherwise
				allowed by the hearing examiner, exceptions are limited to 10 pages. No
				response to an exception is permitted unless directed by the hearing examiner.
				The hearing examiner shall consider any exceptions and directed responses and
				shall file either an amended recommended decision or an order that the
				recommended decision is unchanged.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 9 - REGULATORY PROCEDURES › Part 1 - GENERAL PROVISIONS - HEARINGS › Section 18.9.1.19 - DECISION AND APPEAL

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Final
				Decision:
The secretary (or designee) shall review the record and file a
				decision to adopt a recommended decision in whole or in part, with specific
				reference to the parts adopted and rejected. The decision of the secretary (or
				designee) shall constitute a final decision unless a motion for reconsideration
				is granted.
B.
Motion to
				Reconsider:
Any party may file a motion for reconsideration within 10
				calendar days of the filing of a by the secretary (or designee).
(1) such motion must clearly and concisely
				identify the basis for any alleged factual or legal omissions or
				errors;
(2) an untimely motion is
				deemed denied; and
(3) if within
				five calendar days the secretary (or designee) files a grant of the motion to
				reconsider, then the time to appeal is stayed pending the revision or
				reissuance of a final decision.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 11 - AIRPORTS › Part 2 - AIRCRAFT REGISTRATION › Section 18.11.2.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
The New Mexico State Highway and Transportation Department -
				  Aviation Division: 550 Pacheco Street 87505, P.O. Box 1149, Santa Fe, NM
				  87504-1149, 505 827-1525, FAX 505 827-1531.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 11 - AIRPORTS › Part 2 - AIRCRAFT REGISTRATION › Section 18.11.2.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Adoption of these regulations is pursuant to authority
				  granted to the Director of the Aviation Division of the State Highway and
				  Transportation Department under NMSA 1978, Section
				  64-4-8, as
				  amended.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 11 - AIRPORTS › Part 2 - AIRCRAFT REGISTRATION › Section 18.11.2.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of Part 2, Chapter 11, Title 18 [18.11.2 NMAC]
				  is to explain registration requirements, procedures, penalties, and specialty
				  situations to owners and lessees of aircraft that are based or hangared in the
				  State of New Mexico. These instructions, obligations, and assessments are
				  addressed so that effected individuals have been notified of their
				  responsibilities and of the consequences resulting from improper compliance.
				  This rule is designed to stipulate procedural uniformity within situational
				  variances. This rule is designed to promote administrative expediency,
				  efficiency, and fairness in handling the registration requirements of the
				  numerous aircraft types of owners and lessees. This rule replaces AD Rule 80-4,
				  dated October 9, 1980, issued by the Aviation Division of the Transportation
				  Department.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 11 - AIRPORTS › Part 2 - AIRCRAFT REGISTRATION › Section 18.11.2.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. "Aircraft" means
				any contrivance now known of hereafter invented, used, or designed for
				navigation of or flight in the air, except a parachute or other contrivance
				designed for such navigation, but used primarily as safety equipment.
B. "Applicant" means the individual filing
				for aircraft registration.
C.
				"Registration Fee" means the assessment based on the maximum gross weight of
				the aircraft, calculated as explained in Section
				64-4-11 NMSA
				1978.
D. "Division" means the
				Aviation Division of the State Highway and Transportation Department.
E. "Director" means the Director of the
				Division.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 11 - AIRPORTS › Part 2 - AIRCRAFT REGISTRATION › Section 18.11.2.8 - APPLICANT REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. An
				applicant for aircraft registration must be the owner or lessee of an aircraft
				based or hangared in the State of New Mexico.
B. If requested by a representative of the
				Division, the applicant shall make available for inspection by the Division,
				any or all of the following information for aircraft based or hangared in the
				State of New Mexico.
(1) Current Federal
				Aviation Administration Certificate of Aircraft Registration;
(2) Federal Aviation Administration
				Airworthiness Certificate; and
(3)
				Proof of maximum certificated gross weight.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 11 - AIRPORTS › Part 2 - AIRCRAFT REGISTRATION › Section 18.11.2.9 - TIME OF REGISTRATION: PENALTY

Current through Register Vol. 35, No. 13, July 16, 2024
A. The owner or lessee of an aircraft,
				whomever is in possession, shall register the aircraft prior to March 1 of each
				year.
B. Any person who purchases,
				leases, or otherwise acquires an aircraft or brings one into the State shall
				register said aircraft within fifteen days of the purchase, lease, acquisition,
				or entering of the State.
C. Any
				owner or lessee who fails to comply with Subsection A of 18.11.2. 9 NMAC or any
				person who fails to comply with Subsection B of 18.11.2.9 NMAC shall pay a fine
				equal to ten percent (10%) of the regular registration fee times each month or
				portion of a month that the registration fee is past due.
D. In determining whether a registration fee
				paid pursuant to Subsections A or B of 18.11.2.9 NMAC is timely, the Division
				shall calculate the date the registration fee is paid as follows.
(1) If payment is hand delivered to the
				Division, the payment date shall be the date the payment is received by the
				Division, or
(2) If the fee is
				transmitted to the Division via United States mail or an established shipping
				business, the payment date shall be the date the external envelope is marked by
				the shipping organization. No other means of payment delivery shall be
				considered acceptable.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 11 - AIRPORTS › Part 2 - AIRCRAFT REGISTRATION › Section 18.11.2.10 - HEARING ON UNPAID REGISTRATION FEES

Current through Register Vol. 35, No. 13, July 16, 2024
Prior to seizing an aircraft for unpaid registration fees
				  pursuant to NMSA 1978, Section
				  64-4-5.1,
				  as amended, the Division shall conduct an informal hearing as follows:
A. At least twenty days prior to conducting a
				hearing, the Division shall send a notice of hearing to the last known address
				of the registered owner of the aircraft and all lienholder of record by
				certified mail. The notice shall set forth the time, date, and location of the
				hearing, and a short and plain statement of the reason, and also the legal
				basis for the hearing.
B. No
				request for postponement of a hearing shall be granted except upon motion and
				for good cause shown.
C. The
				Director, or his designee, shall conduct the informal hearing. Opportunity
				shall be afforded all parties to respond and present evidence and argument on
				all issues involved. Irrelevant, immaterial, or unduly repetitious evidence
				shall be excluded. The New Mexico Rules of Evidence shall not apply.
D. Within fourteen (14) days of the date of
				the hearing, the Director, or his designee, shall issue a decision as to
				whether the Division will proceed with an action in the Magistrate Court in
				which the aircraft was found, to collect the registration fee and accrued
				penalties by seizure of the aircraft from the person in possession and by sale
				as provided by NMSA 1978, Section
				39-5-1.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 11 - AIRPORTS › Part 2 - AIRCRAFT REGISTRATION › Section 18.11.2.11 - TRANSFER OF TITLE OR INTERESTS

Current through Register Vol. 35, No. 13, July 16, 2024
Whenever the owner or lessee of a registered aircraft
				  transfers title or interest therein, the registration certificate and number
				  issued for such registration shall remain with the aircraft. Upon transfer or
				  assignment of title or interest, the owner or lessee shall endorse such
				  assignment on the reverse side of the certificate of registration, which
				  statement shall be verified under oath by such owner or lessee. The owner or
				  lessee shall deliver the certificate of registration and the registration
				  number to the purchases or transferee at the time of delivery of the aircraft.
				  The purchaser or transferee shall, within ten (10) days from the date of
				  transfer, submit the endorsed certificate to the Division. The Division will
				  issue a new certificate at a charge of $5.00. If an aircraft is not registered
				  at the time of purchase or lease, even though the aircraft my have been
				  purchased within the State, new or used, the purchaser shall register it as
				  provided herein together with all penalties due.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 11 - AIRPORTS › Part 2 - AIRCRAFT REGISTRATION › Section 18.11.2.12 - LOSS OR DESTRUCTION OF CERTIFICATE

Current through Register Vol. 35, No. 13, July 16, 2024
Upon presentation of proof of loss or destruction of the
				  original certificate and payment of the required fee to the Division, a
				  duplicate certificate of registration may be obtained at a charge of
				  $10.00.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 11 - AIRPORTS › Part 2 - AIRCRAFT REGISTRATION › Section 18.11.2.13 - DEALER LICENSES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Dealers
				holding aircraft for resale may obtain a New Mexico dealer's license. If dealer
				aircraft are used primarily for charter, flight instruction, or carrying of
				persons not incidental to the resale of such aircraft, they shall be registered
				as otherwise provided.
B. On a form
				available from the Division for said purpose, a notarized list of aircraft to
				be operated under a dealer's license shall be filed with the Division at the
				time the application is submitted. Dealers shall certify to the fact that such
				aircraft will be used primarily for resale. Notification must be given to the
				Division of all changes in dealer aircraft within ten (10) days of such
				changes. If change in use of dealer aircraft subjects it to regular
				registration, aircraft must be registered as otherwise provided herein. Dealer
				license applications shall not be processed without the notarized equipment
				list.
C. The Division shall mail to
				the dealer a certificate for each aircraft listed on the equipment list. Each
				certificate shall be affixed to the inside of the left rear window so that the
				printing is readily visible through the window.
D. Dealer certificate shall be conspicuously
				displayed in the primary place of business of said Dealer.
E. Dealer certificate is not
				transferable.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 11 - AIRPORTS › Part 2 - AIRCRAFT REGISTRATION › Section 18.1.2.14 - SPECIALIZED USE LICENSES

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Operators of aircraft used solely for the purposes of transporting cargo, crop
				dusting or spraying, forest fire fighting, powerline and pipeline patrol, or
				other commercial operations in which passengers are not carried, may apply for
				a specialized use license.
B. On a
				form available from the Division for said purposes, a notarized list of
				aircraft to be operated under a special use license shall be filed with the
				Division at the time the application is submitted. Special users shall certify
				to the fact that such aircraft will be used only for the purposes stated.
				Special use applications shall not be processed without the notarized equipment
				list.
C. When the specialized use
				aircraft list is filed, the Division will mail to the licensee a certificate
				for each aircraft listed. This certificate shall be affixed to the inside of
				the left rear window so that the printing is readily visible through the
				window. Notification must be given to the Division of all changes in
				specialized use aircraft within ten (10) days of such changes. If changes in
				use of specialized use aircraft subjects it to regular or dealer registration,
				said aircraft must be registered as otherwise provided herein.
D. The specialized use license shall be
				conspicuously displayed in the primary place of business of the
				licensee.
E. Specialized use
				licenses are not transferable.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 11 - AIRPORTS › Part 3 - AIR SERVICE MARKETING ASSISTANCE PROGRAM › Section 18.11.3.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
Aviation Division of the New Mexico Department of
				  Transportation, 1120 Cerrillos Rd 87504, P.O. Box 1149 Santa Fe, New Mexico
				  87504-1149, (505) 827-1525, Fax: (505) 827-1531.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 11 - AIRPORTS › Part 3 - AIR SERVICE MARKETING ASSISTANCE PROGRAM › Section 18.11.3.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Adoption of this regulation is pursuant to authority granted
				  to the aviation division of department of transportation under Section
				  64-1-13.1 NMSA
				  1978.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 11 - AIRPORTS › Part 3 - AIR SERVICE MARKETING ASSISTANCE PROGRAM › Section 18.11.3.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
August 15, 2023, unless a later date is cited at the end of a
				  section or paragraph.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 11 - AIRPORTS › Part 3 - AIR SERVICE MARKETING ASSISTANCE PROGRAM › Section 18.11.3.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of 18.11.3 NMAC is to establish eligibility
				  requirements, including the maximum amount a recipient may receive, under the
				  Air Service Assistance Act.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 11 - AIRPORTS › Part 3 - AIR SERVICE MARKETING ASSISTANCE PROGRAM › Section 18.11.3.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
"Director"
means the director of the division.
B.
"Division"
means the aviation
				division of the department of transportation.
C.
"Eligible recipient"
means
				municipalities, counties, tribal entities or other public entities located
				within the state of New Mexico.
D.
"Hub airports"
means commercial airport facilities located within
				the southwest United States serving a small, medium, or large air traffic hub
				listed in the United States department of transportation publication,
airport activity statistics of certificated route air
				carriers
.
E.
"Minimum level of airline service"
means:
(1) service for two or more New Mexico
				municipalities, counties, tribal entities or other public entities to one or
				more hub airports, by a reliable airline; the minimum number of round trip
				flights per day and per week provided by the service shall be approved by the
				division;
(2) flights shall be at
				reasonable times considering the needs of passengers with connecting flights at
				the hub airport and at prices that are not excessive compared to the generally
				prevailing prices of other air carriers for like service between similar
				places;
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 11 - AIRPORTS › Part 3 - AIR SERVICE MARKETING ASSISTANCE PROGRAM › Section 18.11.3.8 - ELIGIBILITY FOR MARKETING ASSISTANCE

Current through Register Vol. 35, No. 13, July 16, 2024
A. In order to apply for an air service
				marketing assistance grant, eligible recipients shall submit a single
				application to the division in a format provided by the division.
B. The division shall provide grants to
				eligible recipients to market and promote air service.
C. The maximum amount of assistance provided
				to eligible recipients shall be determined the division and may not exceed the
				amounts available from the state aviation fund per Subsection C of Section
				7-1-6.7 NMSA 1978 and Subsection B
				of Section
				64-1-15 NMSA 1978.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 11 - AIRPORTS › Part 3 - AIR SERVICE MARKETING ASSISTANCE PROGRAM › Section 18.11.3.9 - PROCUREMENT REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Eligible recipients that receive assistance shall comply with the requirements
				of the New Mexico Procurement Code, Sections
				13-1-28 to
				13-1-199 NMSA 1978, as
				amended.
B. Eligible recipients
				exempted from complying with the Procurement Code pursuant to Section
				13-1-98K shall comply with their
				own purchasing ordinances and must provide a copy of those ordinances to the
				division.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 11 - AIRPORTS › Part 7 - REQUIREMENTS GOVERNING THE SALVAGE OF ABANDONED AIRCRAFT › Section 18.11.7.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Adoption of these regulations is pursuant to NMSA 1978,
				  Sections
				  64-5-1
				  through
				  64-5-4.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 11 - AIRPORTS › Part 7 - REQUIREMENTS GOVERNING THE SALVAGE OF ABANDONED AIRCRAFT › Section 18.11.7.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
November 30, 1998, unless a later date is cited at the end of
				  a section.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 11 - AIRPORTS › Part 7 - REQUIREMENTS GOVERNING THE SALVAGE OF ABANDONED AIRCRAFT › Section 18.11.7.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The purpose of this rule is to establish procedures for the
				  implementation of NMSA 1978, Section
				  64-5-1
				  through
				  64-5-4,
				  regulations governing the salvage of abandoned aircraft.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 11 - AIRPORTS › Part 7 - REQUIREMENTS GOVERNING THE SALVAGE OF ABANDONED AIRCRAFT › Section 18.11.7.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. NMDOT- means the
				New Mexico department of transportation.
B. Aviation division - means the aviation
				division of the NMDOT.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 11 - AIRPORTS › Part 7 - REQUIREMENTS GOVERNING THE SALVAGE OF ABANDONED AIRCRAFT › Section 18.11.7.8 - APPLICATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. Application for
				an aircraft salvage permit shall be made on a form provided by the aviation
				division and shall include information pertinent to the aircraft location and
				land owner. The application shall include applicant's certification that the
				aircraft is abandoned as defined in NMSA 1978, Section
				64-5-1;
				that applicant has not been issued a permit for the same aircraft, has not
				defaulted on a previous permit and agrees to the terms and conditions of the
				permit as determined by the division.
B. The date the application is filed and the
				date land owner is notified shall be entered on the application. The filing
				date shall be the date that the application is received in the aviation
				division office. The notification date is the date notice is received by the
				land owner by certified mail.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 11 - AIRPORTS › Part 7 - REQUIREMENTS GOVERNING THE SALVAGE OF ABANDONED AIRCRAFT › Section 18.11.7.9 - ISSUANCE OF PERMIT

Current through Register Vol. 35, No. 13, July 16, 2024
A permit may be issued if all provisions of NMSA 1978,
				  Section
				  64-5-2
				  have been met, provided:
A. the
				aviation division may, if it determines it is necessary, include special
				conditions for the issuance of a permit;
B. the aviation division may deny an
				application if it has reason to believe an applicant cannot or will not meet
				the terms and conditions of the permit;
C. if a hearing is necessary, the aviation
				division director shall determine the site of the hearing and shall act as
				hearing officer or designate a hearing officer; the hearing officer shall
				prepare a report of the hearing, a finding of fact and his recommendation; the
				aviation division director shall make the determination as to whether a permit
				should be issued;
D. the aviation
				division shall determine the amount of the bond on each application based on
				the probability of damage to property during salvage and removal operations and
				the value of the property exposed to damage.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 11 - AIRPORTS › Part 7 - REQUIREMENTS GOVERNING THE SALVAGE OF ABANDONED AIRCRAFT › Section 18.11.7.10 - DEFAULTS

Current through Register Vol. 35, No. 13, July 16, 2024
If the terms and conditions of a permit have not been met
				  within six months from the date of issuance, the permit shall be automatically
				  terminated and deemed invalid. The aviation division shall not issue a permit
				  to the holder of a prior terminated permit for the same crashed
				  aircraft.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 11 - AIRPORTS › Part 9 - GOVERNING THE APPROVAL OF GRANTS › Section 18.11.9.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
Municipalities, counties, Indian tribes or tribal
				  organizations as defined in federal law at
				  25
				  USC 5304, or other public entities located
				  within the state of New Mexico.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 11 - AIRPORTS › Part 9 - GOVERNING THE APPROVAL OF GRANTS › Section 18.11.9.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Section
				  64-1-13
				  NMSA 1978, as amended, provides in part that the aviation division shall
				  cooperate with all public and private agencies and organizations to encourage
				  and advance aviation in this state. Further, that it shall authorize the
				  expenditure of state money in accordance with division policies and procedures
				  for planning, program adminstration construction, development and maintenance
				  of certain public-use airport facilities and navigation aids and related
				  facilites. This policy shall govern approval of grants made to airport sponsors
				  pursuant to this authority.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 11 - AIRPORTS › Part 9 - GOVERNING THE APPROVAL OF GRANTS › Section 18.11.9.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The purpose of this rule is to establish procedures for the
				  implementation of NMSA 1978, Section
				  64-1-11
				  through
				  64-1-17,
				  regulations governing the approval of grants by the NMDOT, aviation
				  division.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 11 - AIRPORTS › Part 9 - GOVERNING THE APPROVAL OF GRANTS › Section 18.11.9.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. NMDOT - means
				the New Mexico department of transportation.
B. Aviation division - means the aviation
				division of the NMDOT.
C. Sponsor -
				means the authority responsible for the airport for which the grant is
				requested.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 11 - AIRPORTS › Part 9 - GOVERNING THE APPROVAL OF GRANTS › Section 18.11.9.8 - PROJECT ELIGIBILITY

Current through Register Vol. 35, No. 13, July 16, 2024
Airports with regularly scheduled airline service utilizing
				  aircraft with seating capacity in excess of 100 passengers, or a maximum
				  payload capacity of more than twenty-five thousand pounds are not eligible for
				  state funding. Airports on private land are not eligible for state funding
				  unless the landowner files a written agreement with the aviation division
				  director permitting public use of the facility without limit as to time.
				  Airports receiving state funds shall not charge landing fees for aircraft
				  except for aircraft used in commercial activities for
				  compensation.