reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 19 - MOTOR VEHICLE PROCEDURES, LICENSES, PERMITS › Part 8 - SIZE AND WEIGHT OF VEHICLES AND LOADS › Section 18.19.8.65 - REQUIRED EQUIPMENT WHEN MOVING A MANUFACTURED HOME

Current through Register Vol. 35, No. 13, July 16, 2024
A. A towing unit involved in the movement of
				an oversized manufactured home shall have a wheelbase of at least ninety-nine
				inches, a minimum of four tires on each drive axle and a gross vehicle weight
				rating of:
(1) six thousand pounds or more if
				the width of the manufactured home is ten feet or less;
(2) eight thousand pounds or more if the
				width of the manufactured home is greater than ten feet but not greater than
				twelve feet; or
(3) nine thousand
				pounds or more if the width of the manufactured home is greater than twelve
				feet.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 19 - MOTOR VEHICLE PROCEDURES, LICENSES, PERMITS › Part 8 - SIZE AND WEIGHT OF VEHICLES AND LOADS › Section 18.19.8.66 - LARGE MANUFACTURED HOMES - DOLLIES, SKIDS OR HOUSE MOVING EQUIPMENT REQUIRED

Current through Register Vol. 35, No. 13, July 16, 2024
A manufactured home that exceeds eighteen feet in width or
				  fifteen feet ten inches in height shall be moved on house moving equipment,
				  skids or dollies. Movement of such a home without the required house moving
				  equipment, skids or dollies is not permitted. Awnings, doorknobs or other
				  fixtures extending beyond the body of an overwidth unit shall be included in
				  the overall width measurement.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 19 - MOTOR VEHICLE PROCEDURES, LICENSES, PERMITS › Part 8 - SIZE AND WEIGHT OF VEHICLES AND LOADS › Section 18.19.8.80 - ESCORTS - PURPOSE AND REQUIREMENT

Current through Register Vol. 35, No. 13, July 16, 2024
A. The purpose of an escort vehicle is to
				enhance the safety of moving an oversize vehicle or load over the highways, to
				reduce delays and inconveniences to the normal flow of traffic and to alert the
				motoring public to the presence or approach of an oversize vehicle or
				load.
B. The DOT, after evaluating
				the dimensions of a vehicle, combination or load and the route to be traveled,
				may require that one or more escort vehicles accompany the movement or part of
				the movement or may require that police escorts accompany the
				movement.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 19 - MOTOR VEHICLE PROCEDURES, LICENSES, PERMITS › Part 8 - SIZE AND WEIGHT OF VEHICLES AND LOADS › Section 18.19.8.81 - ESCORT REQUIRED FOR CERTAIN OVERWIDTH VEHICLES

Current through Register Vol. 35, No. 13, July 16, 2024
Escort vehicles are required for the movement of all widths
				  at or exceeding 14 feet, and may be required for widths less than 14 feet
				  depending on the routes to be traveled and in accordance with established
				  widths for certain highways identified in the escort vehicle map developed and
				  maintained by the DOT. The escort vehicle map is available by electronic link
				  on the special permit application.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 19 - MOTOR VEHICLE PROCEDURES, LICENSES, PERMITS › Part 8 - SIZE AND WEIGHT OF VEHICLES AND LOADS › Section 18.19.8.82 - ESCORT REQUIRED FOR CERTAIN OVERLENGTH VEHICLES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Escort vehicles are required for the
				movement of a vehicle, combination or load that exceeds 110 feet and one inch
				in length.
B. One escort vehicle
				will be required for each vehicle, combination or load which is greater than
				110 feet and one inch in length but is equal to or less than 120 feet and one
				inch in length. Two escorts will be required for each vehicle, combination or
				load which is greater than 120 feet and one inch in length.
C. The movement of such a vehicle,
				combination or load may be restricted to certain highways as designated on the
				special permit. If so restricted, determination of the required number of
				escort vehicles shall be made by the DOT based on the route to be traveled and
				other relevant considerations.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 19 - MOTOR VEHICLE PROCEDURES, LICENSES, PERMITS › Part 8 - SIZE AND WEIGHT OF VEHICLES AND LOADS › Section 18.19.8.83 - ESCORT REQUIRED FOR CERTAIN OVERHEIGHT VEHICLES

Current through Register Vol. 35, No. 13, July 16, 2024
An escort vehicle or a person other than the driver of the
				  permitted vehicle may be required to accompany the movement of a vehicle,
				  combination or load that exceeds a height of 16 feet. The escort or additional
				  person shall make immediate height clearance verifications at each overhead
				  clearance prior to the over-height vehicle moving through the clearance. The
				  requirement for an additional escort or person will be stated on the special
				  permit.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 19 - MOTOR VEHICLE PROCEDURES, LICENSES, PERMITS › Part 8 - SIZE AND WEIGHT OF VEHICLES AND LOADS › Section 18.19.8.84 - POLICE ESCORTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. In the
				discretion of the DOT, police escorts may be required for movement of
				structures or loads with a width of 20 feet or more. The DOT may also require
				police escorts for movement on certain roads or for movement that, in the
				judgment of the DOT, may adversely affect traffic, create undue hazards,
				require counter-flow or in any manner jeopardize the safety of the motoring
				public.
B. An applicant for a
				special permit that requires a police escort shall cooperate with the DOT on
				the timing of the move and be prepared for special conditions or other factors
				that may delay the move.
C. The DOT
				may coordinate police escorts for the move and may charge a fee for the
				coordination and provision of police escorts. In certain circumstances, the
				applicant may be required to coordinate with municipal police for escort
				services.
D. If a route requiring a
				police escort moves through a municipality, the applicant shall obtain
				permission from and make arrangements with the municipality for the move,
				including obtaining any required permit. A special permit shall not be issued
				until the DOT is assured that the applicant has made satisfactory arrangements
				with the municipality.
E. If a move
				is entirely within a municipality, a permittee may use a police escort provided
				by the municipality. However, a special permit shall not be issued until the
				DOT is assured that the applicant has arranged with local police for
				assistance.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 19 - MOTOR VEHICLE PROCEDURES, LICENSES, PERMITS › Part 8 - SIZE AND WEIGHT OF VEHICLES AND LOADS › Section 18.19.8.85 - PERMITTEE TO PROVIDE CERTIFIED ESCORT VEHICLES

Current through Register Vol. 35, No. 13, July 16, 2024
Unless a police escort is required, a permittee shall furnish
				  New Mexico certified escort vehicles as required by the DOT and specified on
				  the face of the special permit. An escort vehicle map is available by
				  electronic link on the special permit application.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 19 - MOTOR VEHICLE PROCEDURES, LICENSES, PERMITS › Part 8 - SIZE AND WEIGHT OF VEHICLES AND LOADS › Section 18.19.8.86 - ESCORT VEHICLE CERTIFICATION

Current through Register Vol. 35, No. 13, July 16, 2024
Only a vehicle certified by the DOT or the DPS may operate as
				  an escort vehicle. The vehicle and all required equipment shall be inspected by
				  the DOT or the DPS. Upon a satisfactory inspection, an escort vehicle
				  certification will be issued for that vehicle for a period of one year or until
				  insurance coverage expires, whichever occurs first. An escort vehicle shall
				  undergo inspection on an annual basis.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 19 - MOTOR VEHICLE PROCEDURES, LICENSES, PERMITS › Part 8 - SIZE AND WEIGHT OF VEHICLES AND LOADS › Section 18.19.8.87 - ESCORT VEHICLE REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				The wheelbase of an escort vehicle shall be at least 100 inches. Unless
				otherwise approved by the DOT upon written application, an escort vehicle shall
				not exceed a capacity of one and one-half tons as rated by the
				manufacturer.
B. An escort vehicle
				shall be registered in accordance with New Mexico's motor vehicle laws and
				insured in accordance with New Mexico's financial responsibility laws; provided
				that minimum coverage shall be:
(1) bodily
				injury liability in the amounts of $50,000 for each person and $100,000 for
				each accident; and
(2) property
				damage liability in the amount of $25,000 for each accident.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 19 - MOTOR VEHICLE PROCEDURES, LICENSES, PERMITS › Part 8 - SIZE AND WEIGHT OF VEHICLES AND LOADS › Section 18.19.8.88 - ESCORT VEHICLE EQUIPMENT

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				An escort vehicle shall have two rotating, flashing, strobe or LED amber lights
				on top of the vehicle at the vehicle width or at a width not to exceed eight
				feet. The amber lights shall be of sufficient intensity to be visible at a
				distance of at least 500 feet in normal sunlight.
B. An escort vehicle shall display a bright
				yellow sign at least five feet wide by 12 inches high with black lettering
				reading "OVERSIZE LOAD". The letters shall be at least one inch thick by 10
				inches high.
C. An escort vehicle
				shall be equipped with two red or florescent orange flags when escorting a
				load. The flags shall be square or rectangular and no less than 12 inches on
				any one side.
D. The required flags
				and sign shall be mounted on the front bumper of a front escort vehicle, on the
				rear bumper of a rear escort vehicle, or on the roof of the front or rear
				escort vehicle, whichever position provides the greatest visibility for the
				motoring public.
E. An escort
				vehicle and the escorted oversize vehicle shall be equipped with two-way radios
				for direct communication between the two vehicles at all times.
F. An escort vehicle shall be equipped with
				at least one fire extinguisher of minimum size, with a capacity of two and
				one-half pounds carbon dioxide or dry chemical type, or an extinguisher of
				another type having equivalent or better extinguishing capacities.
				Extinguishers shall be mounted so as to be readily accessible for
				use.
G. An escort vehicle shall
				have on board at all times the safety equipment specified in Section
				66-3-849
				NMSA 1978 relating to flares and other warning devices.
H. An escort vehicle shall have on board all
				the equipment required for flagmen, as provided in
				18.19.8.99
				NMAC.
I. An escort vehicle shall be
				equipped with two outside rear view mirrors, one on the driver side and one on
				passenger side of the vehicle.
J.
				An escort vehicle shall carry at all times the escort vehicle map developed and
				maintained by the DOT.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 19 - MOTOR VEHICLE PROCEDURES, LICENSES, PERMITS › Part 8 - SIZE AND WEIGHT OF VEHICLES AND LOADS › Section 18.19.8.89 - INSPECTION UPON DEMAND

Current through Register Vol. 35, No. 13, July 16, 2024
An escort vehicle is subject to inspection by a peace officer
				  or authorized DPS personnel at any time. The escort vehicle certification,
				  escort vehicle map, required equipment, documentation of vehicle registration
				  and insurance and any documents required by the public regulation commission
				  shall be made available for inspection on demand.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 19 - MOTOR VEHICLE PROCEDURES, LICENSES, PERMITS › Part 8 - SIZE AND WEIGHT OF VEHICLES AND LOADS › Section 18.19.8.90 - ESCORT VEHICLE DRIVER REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. A driver of an escort vehicle shall be at
				least eighteen years of age and licensed in accordance with the licensing
				requirements for escort vehicle drivers in the jurisdiction where the driver
				resides.
B. At all times during a
				move, an escort vehicle driver shall carry a current driver's license, the
				escort vehicle certification issued by the DOT or the DPS, an escort vehicle
				map and any document required by the public regulation commission.
C. Escort vehicle drivers do not have police
				powers and shall not issue citations, attempt arrest or operate the escort
				vehicle as an emergency vehicle.
D.
				While performing escort vehicle services, an escort driver shall not:
(1) wear a uniform of a color or design
				similar to uniforms worn by law enforcement officers; or
(2) display any badge, shield or emblem of a
				type similar to police badges or emblems.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 19 - MOTOR VEHICLE PROCEDURES, LICENSES, PERMITS › Part 8 - SIZE AND WEIGHT OF VEHICLES AND LOADS › Section 18.19.8.91 - DUTIES OF ESCORT DRIVER BEFORE MOVEMENT BEGINS

Current through Register Vol. 35, No. 13, July 16, 2024
Before commencement of a move, an escort vehicle driver
				  shall:
A. meet with the driver of the
				oversize vehicle or load to discuss the various aspects of the move;
B. review the route specified in the special
				permit and ensure that directions are understood by everyone involved in the
				move;
C. determine the position of
				the escort vehicle or vehicles throughout the route;
D. review the special permit for any special
				requirements, restrictions or instructions; and
E. ensure that all mandatory equipment is in
				proper working condition and that warning devices are in place.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 19 - MOTOR VEHICLE PROCEDURES, LICENSES, PERMITS › Part 8 - SIZE AND WEIGHT OF VEHICLES AND LOADS › Section 18.19.8.92 - DUTIES OF ESCORT DRIVER DURING THE MOVE

Current through Register Vol. 35, No. 13, July 16, 2024
A. Escort vehicle drivers are responsible for
				controlling the movement of the escorted oversize vehicle in a manner that
				maximizes the safety of the motoring public and provides for a safe flow of
				traffic in the immediate area of the move.
B. Escort vehicle drivers and the oversize
				vehicle driver shall act as a team to ensure that safety of the motoring public
				is sustained. The escort vehicle shall operate as a warning vehicle to other
				motorists of the oversize vehicle.
C. An escort vehicle driver shall comply with
				all escort requirements, restrictions and instructions noted on the special
				permit issued to the escorted oversize vehicle and shall assist the driver of
				the oversize vehicle to comply with all applicable traffic laws and with all
				conditions and restrictions noted on the special permit.
D. No movement shall be made during inclement
				weather Movement shall be made only on the route designated in the special
				permit. The escort vehicle and the escorted oversize vehicle shall obey all
				traffic laws, signs and signals and shall comply with the speed limit indicated
				on the special permit.
E.
				Responsibilities of a front escort vehicle driver include:
(1) warning oncoming traffic of the presence
				of an oversize vehicle or load;
(2)
				maintaining communication with the driver of the oversize vehicle or load by
				using two-way radio to warn of hazards, obstructions, pedestrians or other
				potential problems that may affect the safe movement of the oversize vehicle or
				load or the motoring public;
(3)
				ensuring that the oversize vehicle or load is following the route prescribed on
				the special permit;
(4) assisting
				the driver of the oversize vehicle or load in locating safe places to allow the
				oversize vehicle or load and escort vehicles to clear the roadway so traffic
				following the oversize vehicle or load can safely pass; and
(5) warning motorists to stop at narrow
				structures and other roadway restrictions to permit safe passage of the
				oversize vehicle or load through the obstruction.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 19 - MOTOR VEHICLE PROCEDURES, LICENSES, PERMITS › Part 8 - SIZE AND WEIGHT OF VEHICLES AND LOADS › Section 18.19.8.93 - PASSING AND INTERSECTIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. A
				rear escort vehicle driver shall not prevent a motorist from passing the
				oversize vehicle but shall inform the driver of the oversize vehicle by two-way
				radio that a motorist is attempting to pass so appropriate precautions can be
				taken. Advance warning is especially important when large trucks are attempting
				to pass the oversize vehicle.
B.
				When it is necessary for the oversize vehicle to pass other vehicles or to make
				a wide turn, the rear escort vehicle shall clearly signal an intention to pass
				or turn and move into the passing or turning lane well before the oversize
				vehicle initiates the maneuver The rear escort driver shall stay in the passing
				or turning lane until the oversize vehicle completes the pass or
				turn.
C. If a front escort vehicle
				passes through an intersection and the oversize vehicle is required to stop for
				a red light, the escort driver shall stop as soon as possible on the right side
				of the road and not resume travel until the oversize vehicle approaches the
				required distance. When an escort driver following an oversize vehicle is
				required to stop at a traffic light after the oversize vehicle has passed
				through the intersection, the oversize vehicle driver shall continue its
				movement and the rear escort driver shall resume a normal following distance
				after the driver has proceeded through the intersection.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 19 - MOTOR VEHICLE PROCEDURES, LICENSES, PERMITS › Part 8 - SIZE AND WEIGHT OF VEHICLES AND LOADS › Section 18.19.8.94 - ACCUMULATED TRAFFIC, UNFORESEEN HAZARDS OR OBSTRUCTIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. An escort vehicle driver shall assist the
				oversize vehicle in locating a suitable area where the oversize vehicle and
				escort vehicle or vehicles can be completely and safely removed from the
				roadway and safely reenter the roadway. The oversize and escort vehicles shall
				be removed from the travelled portion of the roadway to a safe and suitable
				area in the following circumstances:
(1) to
				allow accumulated traffic to pass, when the accumulated traffic is due to the
				oversize vehicle;
(2) during
				periods of inclement weather; or
(3) when mechanical or other problems
				occur
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 19 - MOTOR VEHICLE PROCEDURES, LICENSES, PERMITS › Part 8 - SIZE AND WEIGHT OF VEHICLES AND LOADS › Section 18.19.8.95 - COLLISIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. In case of a
				collision involving an oversize or escort vehicle, or involving other vehicles
				when the collision impedes or prohibits the continued movement of the oversize
				vehicle, the escort vehicle driver shall:
(1)
				pull completely off the roadway, if possible;
(2) turn on the amber lights and vehicle
				emergency flashers;
(3) warn
				approaching traffic of the accident;
(4) obtain assistance as soon as possible by
				contacting police or other emergency services and by requesting the next person
				who stops to contact emergency services;
(5) turn off the ignition of wrecked vehicles
				to reduce fire hazard and keep smokers away from area;
(6) not move injured persons unless they are
				in immediate danger such as in a burning vehicle;
(7) search the area for victims thrown from
				vehicles; and
(8) when emergency or
				other trained personnel arrive, provide a brief summary of the incident and
				provide assistance as requested.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 19 - MOTOR VEHICLE PROCEDURES, LICENSES, PERMITS › Part 8 - SIZE AND WEIGHT OF VEHICLES AND LOADS › Section 18.19.8.96 - CESSATION OF ESCORT SERVICES

Current through Register Vol. 35, No. 13, July 16, 2024
A. When
				an escort operation is completed, the escort driver shall turn off all exterior
				escort equipment lights, remove or cover the oversize load sign and remove the
				amber lights and flags. Failure to comply with this requirement shall render
				the escort vehicle certification void, and the escort vehicle driver shall
				immediately surrender the escort vehicle certification to a police officer or
				authorized DPS or DOT personnel upon request.
B. If an escort driver determines that the
				escorted oversize vehicle driver is not, or will not, comply with a provision
				of the special permit or is otherwise operating in a manner that creates a
				hazardous or dangerous situation, the escort driver shall notify the oversize
				vehicle or load driver of the escort driver's intent to cease providing escort
				services.
C. If, for any reason, an
				escort vehicle driver ceases to provide escort services before the move is
				completed:
(1) movement of the escorted
				vehicle shall stop;
(2) the escort
				driver shall immediately notify the DPS or DOT; and
(3) the special permit is rendered
				void.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 19 - MOTOR VEHICLE PROCEDURES, LICENSES, PERMITS › Part 8 - SIZE AND WEIGHT OF VEHICLES AND LOADS › Section 18.19.8.97 - POLICE MAY RESTRICT MOVEMENT

Current through Register Vol. 35, No. 13, July 16, 2024
Law enforcement officers may direct or escort an oversize
				  vehicle or load off the roadway to a place of safety to allow accumulated
				  traffic to pass or for other safety considerations.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 19 - MOTOR VEHICLE PROCEDURES, LICENSES, PERMITS › Part 8 - SIZE AND WEIGHT OF VEHICLES AND LOADS › Section 18.19.8.98 - ESCORT VEHICLE REQUIRED FOR EACH ESCORTED LOAD

Current through Register Vol. 35, No. 13, July 16, 2024
An oversize vehicle, combination or load that requires an
				  escort shall have one or more dedicated escort vehicles as required in the
				  special permit. An escort vehicle shall not escort more than one oversize
				  vehicle or load at any one time.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 19 - MOTOR VEHICLE PROCEDURES, LICENSES, PERMITS › Part 9 - IMPLIED CONSENT ACT REVOCATIONS › Section 18.19.9.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
Taxation and Revenue Department, Joseph M. Montoya Building,
				  1100 South St. Francis Drive, P.O. Box 630, Santa Fe NM
				  87504-0630
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 19 - MOTOR VEHICLE PROCEDURES, LICENSES, PERMITS › Part 9 - IMPLIED CONSENT ACT REVOCATIONS › Section 18.19.9.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This Part applies to all persons holding a New Mexico
				  driver's license and to those charged with or convicted of driving while
				  intoxicated.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 19 - MOTOR VEHICLE PROCEDURES, LICENSES, PERMITS › Part 9 - IMPLIED CONSENT ACT REVOCATIONS › Section 18.19.9.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Section
				  9-11-6.2
				  NMSA 1978.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 19 - MOTOR VEHICLE PROCEDURES, LICENSES, PERMITS › Part 9 - IMPLIED CONSENT ACT REVOCATIONS › Section 18.19.9.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
12/31/96, unless a later date is cited at the end of a
				  section, in which case the later date is the effective date.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 19 - MOTOR VEHICLE PROCEDURES, LICENSES, PERMITS › Part 9 - IMPLIED CONSENT ACT REVOCATIONS › Section 18.19.9.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of this Part is to interpret, exemplify,
				  implement and enforce the provisions of the Motor Vehicle
				  Code.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 19 - MOTOR VEHICLE PROCEDURES, LICENSES, PERMITS › Part 9 - IMPLIED CONSENT ACT REVOCATIONS › Section 18.19.9.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
As used in 18.19.9 NMAC:
A. "Division" means the motor vehicle
				division of the New Mexico taxation and revenue department.
B. "Revocation" means the termination of a
				person's driver's license, permit or privilege to drive a motor vehicle upon a
				highway in New Mexico.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 20 - TRAFFIC SAFETY › Part 2 - NEW MEXICO TRAFFIC SAFETY EDUCATION AND ENFORCEMENT PROGRAM › Section 18.20.2.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico State Highway and Transportation Department, Post
				  Office Box 1149, Santa Fe, New Mexico 87504-1149 (505)
				  827-0427.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 20 - TRAFFIC SAFETY › Part 2 - NEW MEXICO TRAFFIC SAFETY EDUCATION AND ENFORCEMENT PROGRAM › Section 18.20.2.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This Rule affects local governments, state agencies, law
				  enforcement agencies, schools/universities, and not-for-profit
				  agencies.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 20 - TRAFFIC SAFETY › Part 2 - NEW MEXICO TRAFFIC SAFETY EDUCATION AND ENFORCEMENT PROGRAM › Section 18.20.2.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
This regulation is adopted pursuant to the authority provided
				  by NMSA 1978, Section
				  66-7-512
				  (Cum. Supp. 1997).
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 20 - TRAFFIC SAFETY › Part 2 - NEW MEXICO TRAFFIC SAFETY EDUCATION AND ENFORCEMENT PROGRAM › Section 18.20.2.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
March 14, 1998, unless a later date is cited at the end of a
				  section or paragraph.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 20 - TRAFFIC SAFETY › Part 2 - NEW MEXICO TRAFFIC SAFETY EDUCATION AND ENFORCEMENT PROGRAM › Section 18.20.2.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of this rule is to establish procedures for
				  implementing NMSA 1978, Section
				  66-7-512.
				  This includes providing guidance on an agency's eligibility, the application
				  process, and the distribution of revenue from the Traffic Safety Education and
				  Enforcement Fund for both the statewide program and the local law enforcement
				  programs. The Traffic Safety Education and Enforcement Fund shall be used to
				  institute and promote a statewide and local law enforcement program of traffic
				  safety through education and enforcement to reduce fatal and serious injury
				  traffic crashes and to provide for the purchase of equipment and support
				  services as are necessary to establish and maintain the
				  program.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 20 - TRAFFIC SAFETY › Part 2 - NEW MEXICO TRAFFIC SAFETY EDUCATION AND ENFORCEMENT PROGRAM › Section 18.20.2.8 - ELIGIBILITY FOR FUNDING PURSUANT TO NMSA 1978, SECTION 66-7-512 66-7-512

Current through Register Vol. 35, No. 13, July 16, 2024
A. Only those law
				enforcement agencies that regularly issue citations for violations of the New
				Mexico Motor Vehicle Code and whose citations are adjudicated through metro or
				magistrate court or are processed pursuant to NMSA 1978, Section
				66-8-116.3.
B. Any application for funding
				submitted by an eligible agency must contain the information required in the
				application instructions as provided by the Traffic Safety Bureau. All
				information must be submitted on forms provided by the Traffic Safety Bureau.
C. The amount of funding available
				to eligible individual law enforcement agencies pursuant to NMSA 1978, Section
				66-7-512(C), will be estimated based on the number of convictions for traffic
				violations in prior years. In no case will funds from this program replace,
				supplant, or otherwise result in the decrease of funding from other sources
				available to an agency. If such displacement is found, the application will be
				considered nullified and funds will be redistributed to other qualifying
				agencies.
D. All applications for
				these funds must be submitted to the Traffic Safety Bureau before September 30,
				or a later deadline established by the Bureau. Failure by an agency to submit a
				timely application in the format required by this regulation will nullify the
				application and the disqualified applicant's funds will be redistributed to
				other qualifying agencies.
E.
				Funding will be on a reimbursable basis. The expenses for the approved program
				will be paid initially by the agency. These expenditures will be reimbursed to
				the agency from the Traffic Safety Education and Enforcement Fund upon
				submission of required documentation per the Traffic Safety Project Management
				and Accounting Manual to be provided by the Bureau.
F. Funds remaining, after all applications
				submitted by the due date have been processed, will be redistributed to other
				qualifying agencies based on eligibility and funding priority as determined by
				the Traffic Safety Bureau.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 20 - TRAFFIC SAFETY › Part 2 - NEW MEXICO TRAFFIC SAFETY EDUCATION AND ENFORCEMENT PROGRAM › Section 18.20.2.9 - APPLICATIONS FOR FUNDING FROM AGENCIES NOT ELIGIBLE UNDER SECTION 8 OF THIS RULE

Current through Register Vol. 35, No. 13, July 16, 2024
A. Eligibility:
				local governments, state agencies, schools/universities, for profit, and
				not-for-profit agencies may apply for funding pursuant to NMSA 1978, Section
				66-7-512
				(D and E).
B. Applications for
				these funds will be awarded by the Traffic Safety Bureau based on statewide
				traffic safety needs. The State Procurement Code will be utilized to award
				applications/proposals.
C. Funding
				will be on a reimbursable basis. The expenses for the approved program will be
				paid initially by the agency. These expenditures will be reimbursed to the
				agency from the Traffic Safety Education and Enforcement Fund upon submission
				of required documentation per the Traffic Safety Project Management and
				Accounting Manual to be provided by the Bureau.
D. Funds remaining, after all applications
				submitted by due date have been processed, will be redistributed to other
				qualifying agencies based on eligibility and funding priority as determined by
				the Traffic Safety Bureau.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 20 - TRAFFIC SAFETY › Part 2 - NEW MEXICO TRAFFIC SAFETY EDUCATION AND ENFORCEMENT PROGRAM › Section 18.20.2.10 - EVALUATION

Current through Register Vol. 35, No. 13, July 16, 2024
Applications and proposals will be reviewed for approval by
				  the Chief. Traffic Safety Bureau, on the basis of the expected effectiveness of
				  the proposed activity, the extent that the proposed project is coordinated with
				  other traffic safety activities, and the likelihood that the program will have
				  an effect on the reduction of fatal and serious injury traffic crashes in New
				  Mexico.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 20 - TRAFFIC SAFETY › Part 3 - DRIVER EDUCATION SCHOOLS › Section 18.20.3.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule applies to all persons seeking to operate driver
				  education schools, or serve as instructors for driver education courses
				  offered, in New Mexico.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 20 - TRAFFIC SAFETY › Part 3 - DRIVER EDUCATION SCHOOLS › Section 18.20.3.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Sections
				  66-10-1
				  through
				  66-10-12 NMSA
				  1978.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 20 - TRAFFIC SAFETY › Part 3 - DRIVER EDUCATION SCHOOLS › Section 18.20.3.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The purpose of this rule is to provide minimum and uniform
				  standards for the issuance, renewal, and revocation of driver education school
				  licenses and driver education instructor certificates and to establish
				  requirements for the operation of driver education schools.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 20 - TRAFFIC SAFETY › Part 3 - DRIVER EDUCATION SCHOOLS › Section 18.20.3.8 - STUDENT ELIGIBILITY

Current through Register Vol. 35, No. 13, July 16, 2024
A. Driver
				education schools. A driver education school shall not enroll a person as a
				student unless the person will be fifteen (15) years of age on or before the
				date the classroom portion of the driver education course will be
				completed.
B. Correspondence
				courses. A correspondence course shall not enroll a person as a student unless:
(1) the person will be fifteen (15) years of
				age on or before the date the correspondence course will be completed;
				or
(2) the person has obtained
				prior written approval from the bureau; in order to obtain prior written
				approval from the bureau, the person shall:
(a) submit an application for permission to
				enroll in a driver education correspondence school, completed and signed by the
				person's parents or legal guardian; a person may obtain an application by
				contacting the bureau at 1-800-541 -7952 or accessing the bureau's website at
http://www.nmshtd.state.nm.us;
(b) document in the completed application
				that the person meets at least one (1) of the following criteria, subject to
				the bureau's approval:
(i) availability: the
				parent or legal guardian shall provide documentation that there is not a driver
				education program at the person's mid school, junior high school or high
				school, or that there are no private driver education programs available within
				a reasonable distance;
(ii)
				distance: the parent or legal guardian shall provide documentation that there
				is not a private driver education school within twenty-five (25) miles of the
				person's home and that the person's mid school, junior high school or high
				school does not provide a driver education course;
(iii) schedule: the parent or legal guardian
				shall provide documentation that the person's scholastic, activity or work
				schedule prevents the person from attending either a mid school, junior high
				school or high school driver education school or a local private driver
				education school;
(iv) home
				schooling: the parent or legal guardian shall provide verification of
				notification to the New Mexico public education department of the intent to
				home school the person in all subjects; or
(v) extenuating circumstances: the parent or
				legal guardian shall provide documentation of any other extenuating
				circumstance that prevents the person from attending either a mid school,
				junior high school or high school driver education school or a local private
				driver education school.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 20 - TRAFFIC SAFETY › Part 3 - DRIVER EDUCATION SCHOOLS › Section 18.20.3.9 - APPLICATION FOR PRIVATE DRIVER EDUCATION SCHOOL LICENSE

Current through Register Vol. 35, No. 13, July 16, 2024
A. License required. No person may operate a
				driver education school without first having obtained a license from the
				bureau.
B. Application form. A
				person wishing to obtain a license to operate a private driver education school
				shall file an application with the bureau. A person may obtain an application
				by contacting the bureau at 1-800-541 -7952 or accessing the bureau's website
				at
http://www.nmshtd.state.nm.us
and
				clicking on "traffic safety".
C.
				Contents of application. An application for a private driver education school
				license shall contain:
(1) the applicant's
				name, mailing address, telephone number, physical address of the main school
				site, and, if the applicant has one, the applicant's e-mail address;
(2) a photocopy of the certificate of maximum
				occupant load issued by the state or local fire marshal stating the maximum
				occupancy allowed by the fire code for each room at the main school site and
				each extension site, if applicable, that will be used as a classroom;
(3) a list of all extension sites to be used
				for conducting driver education courses;
(4) a list of all instructors who will
				conduct driver education courses;
(5) a schedule of fees applicable to students
				who enroll in a driver education course, including primary and incidental costs
				charged for the course, school policies for passing and failing, refund and
				reschedule policies, attendance requirements and MVD permit fees;
(6) the proposed curriculum, handouts,
				videos, and final examination questions for the driver education
				course;
(7) the name, address, and
				telephone number of three (3) character and employment references who are not
				family members;
(8) the applicant's
				resume or related work history;
(9)
				a copy of the applicant's limited driving history from the motor vehicle
				division, driver services bureau or its equivalent from any jurisdiction in
				which the applicant has held a driver's license in the past ten (10) years
				dated no earlier than sixty (60) days before the date the application is filed
				with the bureau; and
(10) a state
				police background check from any state in which the applicant has resided in
				the past ten (10) years dated no earlier than sixty (60) days before the date
				the application is filed with the bureau, or verification that the applicant
				submitted a request for a state police background check to the department of
				public safety or its equivalent at least sixty (60) days before the date the
				application is filed with the bureau.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 20 - TRAFFIC SAFETY › Part 3 - DRIVER EDUCATION SCHOOLS › Section 18.20.3.10 - ISSUANCE OF INITIAL PRIVATE DRIVER EDUCATION SCHOOL LICENSE

Current through Register Vol. 35, No. 13, July 16, 2024
A. Standards for
				issuance. In reviewing applications for driver education schools, the bureau
				shall consider whether:
(1) the information
				provided by the applicant is accurate and valid;
(2) the character and employment references
				provided by the applicant report that the applicant is fit to operate a driver
				education school;
(3) the proposed
				driver education school can certify that its facilities meet the accessibility
				requirements of the ADA;
(4) the
				applicant has not been convicted of a crime involving moral
				turpitude;
(5) the applicant has a
				clean driving record;
(6) the
				applicant's name does not appear on the human services department (HSD) listing
				for failure to comply with any valid child support order or agreement pursuant
				to the Parental Responsibility Act, Sections
				40-5A-1 et
				seq. NMSA 1978 or any rule implementing that act; and
(7) the persons who will serve as driver
				education instructors meet the requirements of this rule.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 20 - TRAFFIC SAFETY › Part 3 - DRIVER EDUCATION SCHOOLS › Section 18.20.3.11 - TERM OF PRIVATE DRIVER EDUCATION SCHOOL LICENSE

Current through Register Vol. 35, No. 13, July 16, 2024
A. Term. A license shall be valid until June
				30 of each year, unless suspended or revoked for cause before that date.
				Initial licenses shall be valid from the date of issuance to the next June 30.
				Renewal licenses shall be valid from July 1 of the year of renewal to June 30
				of the following year.
B. License
				renewal.
(1) A licensee shall file an
				application for renewal of its license with the bureau on or before June 1 of
				each year to ensure license renewal by July 1. A licensee who files an
				application for renewal after June 1 shall pay a late fee of $25.00.
(2) A person may obtain an application for
				renewal by contacting the bureau at 1-800-541 -7952 or accessing the bureau's
				website at
http://www.nmshtd.state.nm.us
and
				clicking on "traffic safety".
(3)
				The application for renewal shall be accompanied by the documents specified in
				Subsection C of 18.20.3.9 NMAC, except for the documents specified in
				Paragraphs (7) and (8) of Subsection C of 18.20.3.9 NMAC.
(4) The bureau shall review applications for
				renewal in the order in which they are received.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 20 - TRAFFIC SAFETY › Part 3 - DRIVER EDUCATION SCHOOLS › Section 18.20.3.12 - CLASSROOM COURSE REQUIREMENTS FOR PRIVATE DRIVER EDUCATION SCHOOLS

Current through Register Vol. 35, No. 13, July 16, 2024
A licensee providing classroom instruction shall:
A. engage as driver education instructors
				only those persons who have been certified by the bureau; a licensee may not
				serve as an instructor unless the licensee has been certified by the bureau as
				an instructor pursuant to these rules.
B. enroll no more than forty (40) students or
				the maximum occupancy allowed by the fire code, whichever is less, in a driver
				education course;
C. not charge a
				student more than $800.00, including tax, for enrolling in a driver education
				course, except that a school may charge a student up to $100.00 for each credit
				hour of behind-the-wheel instruction that is not part of the seven (7) hour
				behind-the-wheel portion of a curriculum;
D. display the license issued by the bureau
				in an appropriate and visible location;
E. display the placard issued by the fire
				marshal stating the maximum occupancy of each classroom in an appropriate and
				visible location in the classroom;
F. use classroom facilities that:
(1) have adequate space, lighting, heating,
				and ventilation;
(2) have seats and
				tables or seats with attached tables for each student in the class;
(3) have a whiteboard, blackboard, or
				flipchart;
(4) have a monitor of
				sufficient size for all students to see, if videos are used; and
(5) comply with all federal, state, and local
				laws relating to persons with disabilities, public health, safety, and
				sanitation, including restroom facilities;
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 20 - TRAFFIC SAFETY › Part 3 - DRIVER EDUCATION SCHOOLS › Section 18.20.3.13 - BEHIND-THE-WHEEL TRAINING

Current through Register Vol. 35, No. 13, July 16, 2024
A. Hours
				requirement.
(1) A private driver education
				school which provides behind-the-wheel training as part of the course shall
				provide a minimum of seven (7) hours of behind-the-wheel training to each
				student, with no more than thirty (30) days between the end of the classroom
				course and the beginning of the behind-the-wheel training. At least four (4) of
				the seven (7) hours shall be on-street training.
(2) A private driver education school may
				meet up to three (3) hours of the behind-the-wheel training requirement:
(a) with on-range training; or
(b) with prior written approval from the
				bureau, by using a driving simulator approved by the bureau, provided that two
				(2) hours of instruction using a driving simulator shall be equivalent to one
				(1) hour of on-street training.
(3) On days when educational institution
				classes are held, a licensee shall provide no more than one (1) hour per day of
				behind-the-wheel training per student. On days when educational institution
				classes are not held, a licensee shall provide no more than two (2) hours per
				day of behind-the-wheel training per student.
(4) Driving time shall not include time spent
				driving to pick up or drop off students unless the route meets the objective of
				the driving lesson.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 20 - TRAFFIC SAFETY › Part 3 - DRIVER EDUCATION SCHOOLS › Section 18.20.3.14 - CORRESPONDENCE COURSE REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A licensee offering correspondence courses shall:
A. enroll only those New Mexico students who
				are eligible pursuant to Subsection B of 18.20.3.8 NMAC and ensure that
				distributors of the school's correspondence course adhere to the same
				enrollment requirements;
B. use
				only the curriculum, handouts, videos, and final exam questions approved by the
				bureau; such materials must include a notification that any student using the
				materials must be home-schooled or have bureau approval pursuant to Subsection
				B of 18.20.3.8 NMAC before starting the course, and that such course cannot be
				taken on-line;
C. provide a minimum
				of fifty-six (56) hours of coursework, based on an average person completion
				time, including a minimum of six (6) hours of coursework devoted to DWI
				prevention and education and information on organ donation and the Jonathan
				Spradling Revised Uniform Anatomical Gifts Act, Sections
				24-6B-1 et
				seq. NMSA 1978;
D. have a final
				exam with a minimum of fifty (50) questions; a student must correctly answer at
				least seventy percent (70%) of the questions to pass the final exam;
E. use completion certificates purchased from
				the bureau at a cost of $1.00 per certificate, issued sequentially by the
				licensee;
F. specify at least one
				(1) representative to act as liaison with the bureau;
G. specify at least one (1) certified driver
				education instructor to review each student's work and progress;
H. engage as driver education instructors
				only those persons who have been certified by the bureau; a licensee shall not
				serve as an instructor unless the licensee has been certified by the bureau as
				an instructor pursuant to these rules;
I. inform each student in writing that the
				student shall have one (1) year from the date of enrollment to complete the
				course and ensure that this requirement is met;
J. not charge a student more than $400,
				including tax, for enrolling in a correspondence course.