reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 19 - MOTOR VEHICLE PROCEDURES, LICENSES, PERMITS › Part 5 - DRIVER'S LICENSE › Section 18.19.5.33 - RESTRICTED LICENSE - INTRASTATE COMMERCIAL DRIVING

Current through Register Vol. 35, No. 13, July 16, 2024
A. A restricted license in Class A, B or C
				may be issued to an applicant who does not meet the medical requirements for a
				license issued under the New Mexico Commercial Driver's License Act if the
				applicant applies for and is granted a waiver pursuant to
				18.19.5.33 NMAC.
B. A restricted license pursuant to
				18.19.5.33 NMAC authorizes a
				driver to operate a commercial motor vehicle only within New Mexico. Any
				restricted license issued pursuant to
				18.19.5.33 NMAC will be issued for
				a reduced period of time.
C.
				Waivers may be granted only for one or more of the following diseases or
				conditions:
(1) diabetes mellitus or other
				metabolic disorders provided that:
(a) in the
				case of diabetes mellitus, the disease is stabilized with no episodes of
				ketosis or altered consciousness for one year and the medication and dosage has
				not changed within that year; and
(b) in the case of other metabolic disorders,
				the condition has stabilized under treatment with minimal symptoms which do not
				affect driving;
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 19 - MOTOR VEHICLE PROCEDURES, LICENSES, PERMITS › Part 5 - DRIVER'S LICENSE › Section 18.19.5.34 - SHORTENING OF LICENSURE PERIOD

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				The division, whenever good cause appears, may issue a restricted license that
				has a shortened licensure period pursuant to Section
				66-5-19 NMSA 1978. The licensure
				period for a restricted license may be shortened to a period of less than one
				year depending on the nature of the restriction.
B. Example: Y, who has been issued a New
				Mexico driver's license, has had a seizure and has informed the motor vehicle
				division. In order to remain validly licensed in New Mexico, Y must first
				submit to the division a statement from a licensed physician or licensed
				osteopathic physician, on the appropriate medical form supplied by the
				division, attesting that Y has been free of any seizures or episodes for at
				least six months and either is not under medication or is taking medication
				without side effects.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 19 - MOTOR VEHICLE PROCEDURES, LICENSES, PERMITS › Part 5 - DRIVER'S LICENSE › Section 18.19.5.50 - POINT SYSTEM - PURPOSE - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Section
				66-5-30 NMSA 1978 authorizes the
				department to suspend the driver's license of an individual who has been
				convicted of violations of the traffic laws with such frequency as to show
				disrespect for those laws or has been found to be an habitually reckless or
				negligent driver of a motor vehicle. To provide a reasonable, objective and
				fair method by which the department may determine whether an individual shows
				disrespect for the traffic laws of this state through frequency of conviction
				for violations or is habitually reckless or negligent and to promote the public
				safety by removing such drivers from the roads, the department establishes a
				"point system" with
				18.19.5.50 through
				18.19.5.56 NMAC. This point system
				continues the point system in effect prior to July 1, 1992.
B. For the purposes of
				18.19.5.50 through
				18.19.5.56 NMAC, "conviction"
				means an adjudication of guilt including a finding of guilty by a court, a plea
				of guilty entered by the court, a plea of
nolo contendere
accepted by the court, a plea of guilty pursuant to a penalty assessment
				misdemeanor (Sections
				66-8-116 through
				66-8-119 NMSA 1978 or the
				forfeiture of bail or other collateral deposited to secure the violator's
				appearance in court; "conviction" also includes a conviction for a traffic
				violation in any other state, territory or possession of the United States, the
				District of Columbia and any province of the Dominion of Canada so long as the
				conviction in that jurisdiction is for a violation of a traffic law for which
				points would be assessed if the conviction were for a violation of the traffic
				laws of this state. "Conviction" does not include the imposition of
				sentence.
C. For the purposes of
				18.19.5.50 through
				18.19.5.56 NMAC, "driver" means an
				individual who operates a motor vehicle upon the traffic-ways of this state
				whether or not that individual holds a valid driver's license issued either by
				this state under the provisions of the Motor Vehicle Code or by another
				jurisdiction under the laws of that jurisdiction.
D. For the purposes of
				18.19.5.50 through
				18.19.5.56 NMAC, "traffic-way"
				means a public highway or any other place, such as a parking lot, which is open
				for driving of motor vehicles by members of the general public and which is
				subject to the traffic control regulation of the state or a political
				subdivision of the state.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 19 - MOTOR VEHICLE PROCEDURES, LICENSES, PERMITS › Part 5 - DRIVER'S LICENSE › Section 18.19.5.51 - POINT SYSTEM - ASSESSMENT AND EXPUNGING OF POINTS FOR VIOLATIONS OF TRAFFIC LAWS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Violations
				for which points shall be assessed are either violations pursuant to the
				traffic laws of this state or violations of the traffic laws of other
				jurisdictions for which points would be assessed if the violation had occurred
				in New Mexico. Points shall be assessed by the department in accordance with
				the schedule in
				18.19.5.52 NMAC following
				conviction for any scheduled traffic law violation or the equivalent violation
				in the other jurisdiction if the violation occurred in another jurisdiction.
				Notification of a conviction of a traffic violation subject to the assessment
				of points shall be forwarded to the department by the convicting court. Points
				shall be assessed regardless of whether the violation occurred on a state,
				county or municipal road or on another traffic-way. The department shall keep a
				record of points assessed for a period of one year from the date the violation
				occurred.
B. Points assessed to a
				driver will be expunged by the department automatically at the end of the
				twelfth month following the month in which the violation for which the points
				were assessed occurred.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 19 - MOTOR VEHICLE PROCEDURES, LICENSES, PERMITS › Part 5 - DRIVER'S LICENSE › Section 18.19.5.53 - POINT SYSTEM - WARNING AT 6 POINTS

Current through Register Vol. 35, No. 13, July 16, 2024
Upon the accumulation by the driver of at least six points,
				  the department may warn the driver of the possibility of suspension of the
				  driver's license.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 19 - MOTOR VEHICLE PROCEDURES, LICENSES, PERMITS › Part 5 - DRIVER'S LICENSE › Section 18.19.5.54 - POINT SYSTEM - SUSPENSION OF DRIVER'S LICENSE AT 7 TO 10 POINTS

Current through Register Vol. 35, No. 13, July 16, 2024
If a driver has been assessed from seven to ten points for
				  violations occurring within a period of one year and the department receives a
				  recommendation from a municipal or magistrate judge that the driver's license
				  be suspended for a period not to exceed three months, the department shall
				  automatically suspend the license for the period recommended by the municipal
				  or magistrate judge up to a period of three months. If the judge does not
				  specify the recommended length of the period of suspension, the department will
				  presume that the recommendation is for a period of three months. The department
				  shall notify the driver of the fact of the suspension of the driver's license
				  and of the beginning and ending dates of the suspension.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 19 - MOTOR VEHICLE PROCEDURES, LICENSES, PERMITS › Part 5 - DRIVER'S LICENSE › Section 18.19.5.55 - POINT SYSTEM - SUSPENSION AT 12 POINTS

Current through Register Vol. 35, No. 13, July 16, 2024
Upon the assessment of points to a driver which causes the
				  total points accumulated by that driver to equal or exceed twelve points for
				  violations occurring within a period of twelve consecutive months, the
				  department shall suspend the driver's license for a period of twelve months.
				  The department shall notify the driver of the fact of the suspension of the
				  driver's license under
				  18.19.5.55 NMAC, the beginning
				  date of the suspension and the driver's right to a hearing under the provisions
				  of Subsection B of Section
				  66-5-30 NMSA 1978. The driver
				  shall surrender the driver's license to the department immediately upon
				  receiving notice of the suspension unless the driver requests a hearing under
				  the provisions of Subsection B of Section
				  66-5-30 NMSA 1978, in which case
				  the license shall be surrendered immediately upon a final decision adverse to
				  the driver.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 19 - MOTOR VEHICLE PROCEDURES, LICENSES, PERMITS › Part 5 - DRIVER'S LICENSE › Section 18.19.5.56 - POINT SYSTEM - HEARINGS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Any hearing conducted pursuant to Subsection B of Section
				66-5-30 NMSA 1978 shall be
				conducted before the director of the motor vehicle division or a person
				designated by the director. The officer conducting the hearing may postpone or
				continue the hearing on the officer's own motion or upon application from the
				driver for good cause shown.
B. At
				the beginning of the hearing, the officer conducting the hearing shall inform
				the driver of the driver's right to representation. In such hearings, the
				technical rules of evidence shall not apply but, in ruling on the admissibility
				of evidence, the officer conducting the hearing may require reasonable
				substantiation of statements or records tendered, the accuracy or truth of
				which is in reasonable doubt. The rules of civil procedure for the district
				courts shall not apply but the hearing shall be conducted so that both
				complaints and defenses are amply and fairly presented. To this end, the
				officer conducting the hearing shall hear arguments, entertain and dispose of
				motions, require written expositions of the case as circumstances justify and
				render a decision in accordance with the law and the evidence presented and
				admitted.
C. The officer conducting
				the hearing shall make and preserve a complete record of the proceedings. The
				officer conducting the hearing may announce the decision at the conclusion of
				the hearing or may take the matter under advisement but shall, in either case,
				within 20 days inform the driver in writing of the decision and, if the
				decision is unfavorable to the driver, of the driver's right to and
				requirements for review of the matter by the courts.
D. Failure of the driver to appear without
				good cause at the hearing is grounds for an adverse decision.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 19 - MOTOR VEHICLE PROCEDURES, LICENSES, PERMITS › Part 5 - DRIVER'S LICENSE › Section 18.19.5.57 - REINSTATEMENT OF SUSPENDED LICENSE - CONDITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
The department shall not reinstate a driver's license to any
				  person whose license has been suspended under the provisions of
				  18.19.5.55 NMAC unless the
				  conditions specified in
				  18.19.5.57 NMAC are met.
A. That person presents proof satisfactory to
				the department showing successful completion in a timely manner by that person
				of an approved driver improvement course. The course must be approved by the
				traffic safety bureau of the state highway and transportation department.
				Completion of the course must have occurred within 90 days immediately
				preceding the application for reinstatement of the license.
B. The driver must also successfully complete
				the written driver's examination and the vision examination which are
				administered by the department prior to the reinstatement of the driver's
				license.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 19 - MOTOR VEHICLE PROCEDURES, LICENSES, PERMITS › Part 5 - DRIVER'S LICENSE › Section 18.19.5.70 - LIMITED DRIVER'S LICENSE - PURPOSE - CRITERIA

Current through Register Vol. 35, No. 13, July 16, 2024
A. The director of the motor vehicle division
				may grant a limited driver's license so that an individual whose driving
				privileges have been suspended or revoked may obtain or continue to hold
				employment or to attend school, except in the instances specifically enumerated
				in Subsection A of Section
				66-5-35 NMSA 1978.
B. A limited driver's license is the granting
				of a privilege to operate a motor vehicle upon the highways of this state but
				only during certain hours of the day. Unless evidence demonstrates that the
				limitation is unreasonable for a particular applicant, the general privilege is
				limited to days in which the applicant works or attends school. Each day the
				applicant works or attends school, the applicant's driving is limited to a
				period starting one hour before the applicant's time of beginning work or
				attending school and terminating one hour after the applicant's time of ending
				work or attending school. Limited licenses will not be issued for commercial
				driver's licenses. Limited licenses are available only for class D, E and M
				licenses.
C. With respect to
				driver's licenses suspended or revoked on or after July 1, 1999, all of the
				following criteria must be met by an applicant for a limited license.
(1) The suspension or revocation of the
				applicant's general driver's license must not have been a result of:
(a) a revocation for the fourth or subsequent
				time pursuant to Subsection C of Section
				66-8-111 NMSA 1978 or any
				revocation pursuant to Subsection B of Section
				66-8-111 NMSA 1978;
(b) a conviction for committing great bodily
				harm by vehicle or great bodily injury by vehicle;
(c) a court order resulting from a finding of
				delinquency, pursuant to the Children's Code;
(d) a failure to appear in court or to pay a
				penalty assessment; or
(e)
				non-payment of a judgment or default in payment under a settlement agreement
				resulting from a motor vehicle accident.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 19 - MOTOR VEHICLE PROCEDURES, LICENSES, PERMITS › Part 5 - DRIVER'S LICENSE › Section 18.19.5.71 - LIMITED DRIVER'S LICENSE - APPLICATION - HEARING

Current through Register Vol. 35, No. 13, July 16, 2024
A. Applications for a limited driver's
				license are to be submitted to the director of the motor vehicle division for
				consideration. Upon receipt of the application, the director will determine
				whether the applicant is eligible to apply for a limited license, based on the
				reason for the suspension or revocation of the applicant's driving privileges
				and the requirements of
				18.19.5.70 NMAC, and either grant
				or deny the application. If the application is denied, the department shall
				schedule a hearing in the applicant's county of residence, unless the applicant
				and the department agree to hold the hearing at another place.
B.
RESERVED
C.
RESERVED
D.
RESERVED
E.
RESERVED
F. The hearing will be conducted by a hearing
				officer designated by the department. During the hearing, the technical rules
				of evidence will not apply but the hearing shall be conducted in a manner which
				allows the applicant ample opportunity to present arguments and evidence in
				support of the request for a limited driver's license. The applicant's driver
				history will be part of the evidence introduced and considered.
G. At the conclusion of the hearing, the
				designated hearing officer shall review the evidence presented and either grant
				or deny the application for a limited driver's license. A written order shall
				be entered embodying the decision.
H. Any limited driver's license shall be in
				standard form approved by the director whether it is issued for employment or
				school attendance. It is also subject to the condition that the licensee must
				inform the motor vehicle division immediately of any change in the licensee's
				circumstances affecting the issuance of the license, including any change in
				employment, employment status or enrollment status.
I. The application and related documentation
				shall be retained by the department as part of the applicant's driver
				history.
J. A limited license
				issued under Section
				66-5-35 NMSA 1978 may be suspended
				or revoked as any other driver's license or for any violation of the conditions
				to which the limited license is subject.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 19 - MOTOR VEHICLE PROCEDURES, LICENSES, PERMITS › Part 5 - DRIVER'S LICENSE › Section 18.19.5.72 - APPROVED DWI SCHOOL AND APPROVED ALCOHOL SCREENING PROGRAM

Current through Register Vol. 35, No. 13, July 16, 2024
A. An approved DWI
				school is any DWI school approved by the traffic safety bureau of the state
				highway and transportation department.
B. An approved alcohol screening program is
				any alcohol screening program certified by the traffic safety bureau of the
				state highway and transportation department as having been approved by any
				court, as provided for in Section
				66-8-102(H) NMSA
				1978.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 19 - MOTOR VEHICLE PROCEDURES, LICENSES, PERMITS › Part 5 - DRIVER'S LICENSE › Section 18.19.5.100 - COMMERCIAL DRIVER'S LICENSE - THIRD PARTY SKILLS TESTING

Current through Register Vol. 35, No. 13, July 16, 2024
A. The department may enter into contracts
				with public agencies or private entities to administer the skills tests
				required by Section
				66-5-60 NMSA 1978. Any such
				contract shall specify the area of the state for which the contractor is to
				provide the testing service, the frequency of the test offerings, the community
				locations where testing will be offered and a time schedule when testing will
				be conducted in each location. The contractor shall be fully responsible for
				all equipment and the state of New Mexico shall have no liability for such
				equipment owned, rented or otherwise used by the contractor.
B. The contractor is authorized to charge a
				fee, as determined in the contract with the department, for the administration
				of each skill test.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 19 - MOTOR VEHICLE PROCEDURES, LICENSES, PERMITS › Part 5 - DRIVER'S LICENSE › Section 18.19.5.101 - COMMERCIAL DRIVER'S LICENSE - NOTIFICATION BY DRIVER

Current through Register Vol. 35, No. 13, July 16, 2024
A. Any driver who holds a class A, B or C
				driver's license issued by the department and who is convicted of a violation
				of a state law or local ordinance relating to motor vehicle traffic control,
				other than parking violations, shall notify the motor vehicle division by
				sending a letter, postmarked within thirty days of conviction, setting out the
				following:
(1) name of licensee;
(2) licensee's New Mexico driver's license
				number;
(3) date of
				violation;
(4) date of
				conviction;
(5) offense for which
				convicted;
(6) state in which
				violation occurred;
(7) court in
				which convicted; and
(8) whether or
				not a fine was paid.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 19 - MOTOR VEHICLE PROCEDURES, LICENSES, PERMITS › Part 5 - DRIVER'S LICENSE › Section 18.19.5.102 - COMMERCIAL DRIVER'S LICENSE - DISQUALIFICATION FOR VIOLATION OF OUT-OF-SERVICE ORDER

Current through Register Vol. 35, No. 13, July 16, 2024
As used in Section
				  66-5-71 NMSA 1978, "first
				  violation" means the first violation within the ten-year period ending on the
				  date of the driver's conviction of violating an out-of-service
				  order.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 19 - MOTOR VEHICLE PROCEDURES, LICENSES, PERMITS › Part 5 - DRIVER'S LICENSE › Section 18.19.5.103 - COMMERCIAL DRIVER'S LICENSE - DISQUALIFICATION PURSUANT TO PARENTAL RESPONSIBILITY ACT - GENERAL - REINSTATEMENT SURCHARGE

Current through Register Vol. 35, No. 13, July 16, 2024
A. The terms "suspension" or "revocation" as
				used in the Parental Responsibility Act (Laws 1995, Chapter 25) are equivalent
				to "disqualification" as that term is used in the New Mexico Commercial
				Driver's License Act.
B. A
				disqualification pursuant to the Parental Responsibility Act will be entered by
				the human services department. In accordance with Section
				66-5-30 NMSA 1978, the taxation
				and revenue department will issue a notice to the driver. The driver may
				request a hearing on the disqualification in accordance with
				18.19.5.104 NMAC.
C. Unless reinstatement is required as a
				result of a hearing, a disqualification pursuant to the Parental Responsibility
				Act will continue until:
(1) the human
				services department issues a written certificate of compliance to the
				driver;
(2) the driver presents the
				certificate of compliance to the motor vehicle division; and;
(3) the driver pays motor vehicle division
				both the reinstatement fee required by Section
				66-5-33.1 NMSA 1978 and the
				reinstatement surcharge.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 19 - MOTOR VEHICLE PROCEDURES, LICENSES, PERMITS › Part 5 - DRIVER'S LICENSE › Section 18.19.5.106 - COMMERCIAL DRIVER'S LICENSE - REDUCTION OF LIFETIME DISQUALIFICATION - GUIDELINES

Current through Register Vol. 35, No. 13, July 16, 2024
A. A
				driver who has been disqualified for life under Subsection C of Section
				66-5-68 NMSA 1978 may apply to the
				department to have the disqualification period reduced to a period of not less
				than ten years after meeting the following guidelines and submitting a letter
				requesting a review of the disqualification when that driver:
(1) Received a lifetime disqualification
				resulting from two convictions for driving under the influence of alcohol, or
				two convictions for driving under the influence of a controlled substance, or a
				combination of one conviction for driving under the influence of alcohol and
				one conviction for driving under the influence of a controlled substance. The
				driver may apply to the department for a review of a lifetime disqualification
				from driving a commercial motor vehicle when the driver has:
(a) Successfully completed a (licensed)
				alcohol rehabilitation program if the disqualification is a result of two
				convictions for driving under the influence of alcohol; or
(b) Successfully completed a (certified) drug
				rehabilitation program if the disqualification is a result of two convictions
				for driving under the influence of a controlled substance; or
(c) Successfully completed a (licensed)
				program in alcohol rehabilitation and a separate (certified) program in drug
				rehabilitation if the disqualification is a result of one conviction for
				driving under the influence of alcohol and one conviction for driving under the
				influence of a controlled substance.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 19 - MOTOR VEHICLE PROCEDURES, LICENSES, PERMITS › Part 5 - DRIVER'S LICENSE › Section 18.19.5.107 - COMMERCIAL DRIVER'S LICENSE - REDUCTION OF LIFETIME DISQUALIFICATION - REQUEST FOR HEARING - CONDUCT OF HEARING

Current through Register Vol. 35, No. 13, July 16, 2024
A. Any driver who has requested a review of a
				lifetime disqualification, who is not satisfied with the decision of the
				director of the motor vehicle division may request an informal hearing.
				Requests for an informal hearing must be in writing and must be received by the
				motor vehicle division or postmarked within ten days after receipt of the
				notification of the director's decision. Requests for an informal hearing
				received after this time will not be honored.
B. The time and place of hearing shall be
				established by the motor vehicle division and notice of such informal hearing
				shall be given to the requestor by certified mail.
C. The director may designate a hearing
				officer to conduct the hearing and issue a decision on behalf of the motor
				vehicle division.
D. The director
				or hearing officer shall have the duty to conduct a fair and impartial hearing,
				to take appropriate action to avoid unnecessary delay in the disposition of
				proceedings, and to maintain good order and decorum.
E. Failure of the driver to appear at a
				scheduled hearing will result in forfeiture of the opportunity for a review and
				the determination of the director shall be conclusive.
F. The director or hearing officer shall
				provide the requestor with a written decision which shall be sent by certified
				mail not more than 10 days after the close of the informal hearing.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 19 - MOTOR VEHICLE PROCEDURES, LICENSES, PERMITS › Part 5 - DRIVER'S LICENSE › Section 18.19.5.108 - COMMERCIAL DRIVER'S LICENSE - NO "EMPLOYMENT ONLY" COMMERCIAL DRIVER'S LICENSES

Current through Register Vol. 35, No. 13, July 16, 2024
During any period in which an individual's commercial
				  driver's license is suspended or revoked, if the individual is eligible for a
				  limited driving privilege under Section
				  66-5-35 NMSA 1978, the limited
				  driving privilege shall apply only to a Class D, E or M license. The limited
				  driving privilege available under Section
				  66-5-35 NMSA 1978 does not apply
				  to commercial driver's licenses.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 19 - MOTOR VEHICLE PROCEDURES, LICENSES, PERMITS › Part 5 - DRIVER'S LICENSE › Section 18.19.5.109 - COMMERCIAL DRIVER'S LICENSE - CONSEQUENCES OF SECOND DISQUALIFICATION FOR LIFE

Current through Register Vol. 35, No. 13, July 16, 2024
A driver whose lifetime disqualification has been reduced to
				  a period of not less than ten years under the provisions of this section and
				  regulations thereunder who is again convicted of a violation resulting in a
				  disqualification for life is not eligible to apply to the department for
				  reduction of the disqualification period resulting from the second conviction.
				  Any application for reduction of the subsequent disqualification for life made
				  by such a driver will be disapproved and the department will not grant a
				  hearing with respect to that disapproval.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 19 - MOTOR VEHICLE PROCEDURES, LICENSES, PERMITS › Part 5 - DRIVER'S LICENSE › Section 18.19.5.110 - CANCELLATION OF COMMERCIAL DRIVER'S LICENSE FOR FALSE INFORMATION

Current through Register Vol. 35, No. 13, July 16, 2024
Within ten days of discovery of the falsification, the
				  department shall cancel the commercial driver's license of a driver who
				  falsified any material information on any application or certification required
				  to obtain that license. The driver is disqualified from applying for another
				  commercial driver's license for sixty days following the date of
				  cancellation.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 19 - MOTOR VEHICLE PROCEDURES, LICENSES, PERMITS › Part 5 - DRIVER'S LICENSE › Section 18.19.5.111 - COMMERCIAL DRIVER'S LICENSE - COMMERCIAL DRIVER'S LICENSE TESTING

Current through Register Vol. 35, No. 13, July 16, 2024
A. A New Mexico
				commercial driver's license shall not be issued to any person who has not
				successfully completed the knowledge and skills tests specified by
				18.19.5.111 NMAC. The knowledge
				tests for New Mexico are in two forms, form A and form B, for each of seven
				areas of knowledge: general knowledge, air brakes, combination vehicles,
				passenger transport, tank vehicles, doubles/triples and hazardous materials
				(HAZMAT). If a driver fails to pass a knowledge test, either form A or B, the
				alternate form shall be administered the next time the driver takes the test.
				Passing grades for each separate test shall be eighty percent or higher. Any
				driver who does not achieve a score of eighty percent or higher on any
				knowledge or skill test may retake a test on that subject after one week or
				more has intervened since the date last tested. The director, motor vehicle
				division, however, may waive the time limit when the driver demonstrates that
				the one week wait would cause undue hardship.
B. A school bus endorsement shall not be
				issued to any person who has not successfully completed a knowledge test and a
				skills test in both a passenger commercial motor vehicle and a school
				bus.
C. The skills tests for New
				Mexico shall be composed of the three parts set forth in Subsections D through
				F of 18.19.5.111 NMAC.
D. The pre-trip test which shall consist of
				at least the following parts:
(1)
				Tractor-trailer addressing the following elements:
(a) Engine compartment
(b) Engine start
(c) Front of vehicle
(d) Left or right side of vehicle
(e) Coupling system
(f) Rear of vehicle
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 19 - MOTOR VEHICLE PROCEDURES, LICENSES, PERMITS › Part 5 - DRIVER'S LICENSE › Section 18.19.5.112 - COMMERCIAL DRIVER'S LICENSE - VEHICLE DRIVERS EXCLUDED FROM THE REQUIREMENT TO HOLD A COMMERCIAL DRIVER'S LICENSE

Current through Register Vol. 35, No. 13, July 16, 2024
For purposes of licensing drivers of commercial vehicles and
				  issuing commercial drivers licenses, the driver of one of the following
				  vehicles is not required to have a commercial drivers license to operate such a
				  vehicle upon the public roads and highways in New Mexico:
A. Recreational vehicles - a vehicle licensed
				as a recreational vehicle under the provisions of Section
				66-1-4 NMSA 1978 and used as a
				recreational vehicle;
B. Farm and
				ranch vehicles - vehicles that meet the following criteria:
(1) controlled and operated by a farmer or
				rancher or an employee of a farmer or rancher;
(2) used to transport agricultural products,
				agricultural machinery or agricultural supplies to or from a farm or
				ranch;
(3) used within 150 miles of
				the persons farm or ranch;
(4) not
				used in the operations of a common or contract motor carrier or otherwise used
				"for hire";
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 19 - MOTOR VEHICLE PROCEDURES, LICENSES, PERMITS › Part 5 - DRIVER'S LICENSE › Section 18.19.5.113 - COMMERCIAL DRIVER'S LICENSE - CLASSIFICATIONS OF COMMERCIAL DRIVER'S LICENSES

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Commercial driver's licenses shall be issued under the following
				classifications:
Class Vehicles Licensee Authorized to Operate
A Any combination of vehicles with a gross
				combined vehicle weight rating of 26,001 or more pounds provided the gross
				vehicle weight rating of the vehicle(s) being towed is in excess of 10,000
				pounds, and all lesser classes (B, C and D) of vehicles except motorcycles. In
				order to drive a motorcycle a driver must have a motorcycle
				endorsement.
B Any single vehicle
				with a gross vehicle weight rating of 26,001 or more pounds, or any such
				vehicle towing a vehicle not in excess of 10,000 pounds gross vehicle weight
				rating, and all lesser classes (C and D) of vehicles except motorcycles. In
				order to drive a motorcycle a driver must have a motorcycle
				endorsement.
C Any single vehicle
				less than 26,001 pounds gross vehicle weight rating, or any such vehicle towing
				a vehicle not in excess of 10,000 pounds gross vehicle weight rating, and all
				lesser classes (D) of vehicles except motorcycles. In order to drive a
				motorcycle a driver must have a motorcycle endorsement. This "C" classification
				applies only to vehicles placarded for hazardous materials or designed to
				transport 16 or more passengers, including the driver.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 19 - MOTOR VEHICLE PROCEDURES, LICENSES, PERMITS › Part 5 - DRIVER'S LICENSE › Section 18.19.5.114 - COMMERCIAL DRIVER'S LICENSE - ENDORSEMENTS TO COMMERCIAL DRIVER'S LICENSES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Commercial
				driver's licenses may have one or more of the following endorsements:
Endorsement Authorizes Licensee to Operate
T Combination vehicles with double trailers.
N A tank vehicle intended for hauling liquids in bulk.
P Any vehicle designed to transport 16 or more passengers,
				  including the driver.
H Any vehicle used to transport hazardous materials.
X Any tank vehicle used to transport placarded amounts of
				  hazardous material. This is a combination of endorsements "N" and "H".
S A school bus.
Z Any two- or three-wheeled motorcycle with an engine of less
				  than 50 cubic centimeters piston displacement.
Y Any two- or three-wheeled motorcycle with an engine of at
				  least 50 but less than 100 cubic centimeters piston displacement.
W Any two- or three-wheeled motorcycle with an engine of 100
				  or more cubic centimeters piston displacement.
O Other - Reserved for future use.
B. In Subsection D of Section
				66-5-65 NMSA 1978, Paragraphs (1)
				and (3) through (7) specify endorsements.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 19 - MOTOR VEHICLE PROCEDURES, LICENSES, PERMITS › Part 5 - DRIVER'S LICENSE › Section 18.19.5.115 - COMMERCIAL DRIVER'S LICENSE - RESTRICTIONS TO COMMERCIAL DRIVER'S LICENSES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Commercial
				driver's licenses may have one or more of the following restrictions place upon
				the license:
Restriction Code Restriction
B Driver must wear corrective lenses while driving.
C Driver limited to vehicles equipped with suitable
				  mechanical aids such as special brakes, hand controls or other adaptive
				  devices.
D Driver must use prosthetic aids (other than glasses) while
				  driving.
E Driver limited to vehicles with automatic
				  transmissions.
K Driver limited to driving a commercial vehicle in
				  intrastate commerce only.
L Driver limited to driving commercial vehicles which do not
				  have air brakes.
M Driver not authorized to drive a Class A bus.
N Driver not authorized to drive a Class A or Class B
				  bus.
O Driver not authorized to drive a Class A tractor trailer
				  combination vehicle.
R Driver limited to operating a school bus.
S Driver authorized to operate only a commercial motor
				  vehicle owned by a governmental entity, and only as a government
				  employee.
T Driver authorized only to operate a Class B or Class C
				  bus.
B. Paragraph (2) of
				Subsection D of Section
				66-5-65 NMSA 1978 specifies a
				restriction.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 19 - MOTOR VEHICLE PROCEDURES, LICENSES, PERMITS › Part 5 - DRIVER'S LICENSE › Section 18.19.5.116 - COMMERCIAL DRIVER'S LICENSE - SPECIAL REQUIREMENTS FOR COMMERCIAL DRIVER'S LICENSE

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Applicants for a commercial driver's license must be 21 years of age or older,
				and shall have a valid class D license in their possession.
B. Drivers at least 18 but not over 21 years
				of age may apply for a commercial driver's license with restriction "K" on the
				license, which restricts its use to driving in intrastate commerce only. An
				applicant for the intrastate commercial driver's license must have a valid
				class D license in his or her possession. Applicants for a hazardous material
				endorsement must be 21 years of age to transport placarded amounts of hazardous
				material in intrastate commerce.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 19 - MOTOR VEHICLE PROCEDURES, LICENSES, PERMITS › Part 5 - DRIVER'S LICENSE › Section 18.19.5.117 - COMMERCIAL DRIVER'S LICENSE - RECIPROCITY

Current through Register Vol. 35, No. 13, July 16, 2024
A.
COMMERCIAL DRIVER'S LICENSE -
				RECIPROCITY WITH CANADA
Pursuant to agreements entered into by the United States,
				  reciprocity is also extended to any person who holds a commercial driver's
				  license issued by the national government of Canada or any of the provinces of
				  Canada if the license is not suspended, revoked or canceled and if the person
				  is not disqualified from driving a commercial motor vehicle or subject to an
				  out-of-service order.
B.
COMMERCIAL DRIVER'S LICENSE - MEXICAN DRIVER'S LICENSES:
A Mexican
				national issued a licencia federal de conductor by the secretariat of
				communication and transport of the United Mexican States may operate a
				commercial vehicle in New Mexico.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 19 - MOTOR VEHICLE PROCEDURES, LICENSES, PERMITS › Part 5 - DRIVER'S LICENSE › Section 18.19.5.118 - INSTRUCTION PERMIT - PURPOSE - CRITERIA

Current through Register Vol. 35, No. 13, July 16, 2024
A. For purposes of
				18.19.5.118 NMAC:
(1)
"alternative test"
means a
				test provided by the PED or approved by the PED pursuant to its rules and
				procedures and administered in a public school, non-public school or by a home
				school operator to measure a student's proficiency in reading and math in the
				eighth grade;
(2)
"IDEA"
means the Individuals with Disabilities Education
				Improvement Act of 2004, which is a comprehensive federal law that addresses
				specially designed instruction, at no cost to the parent, to meet the unique
				needs of a child with disabilities;
(3)
"IEP"
means an
				individualized education program, which is a written statement designed to meet
				the unique educational needs of a child with a disability that is developed,
				reviewed, and revised in accordance with
				34 CFR Sections
				300.320 through
				300.324;
(4)
"minor"
means a person under
				the age of eighteen (18) years, but at least fifteen (15) years old;
(5)
"nearing an academic proficiency
				score in reading and math in the eighth grade"
means attaining a minimum
				score in reading and math during a student's eighth grade as established by the
				laws, rules or procedures of the PED on the New Mexico standards based
				assessment;
(6) "New Mexico
				standards based assessment" means a system for testing students in various
				grades for their proficiency in the subject areas of mathematics, reading and
				language arts, writing, science and social studies; pursuant to the Assessment
				and Accountability Act 22-2C-1 to 22-2C-11 NMSA 1978 and procedures of the PED,
				assessments on various subject areas that include science, mathematics and
				reading are administered annually to students in different grades;
(7)
"ninety percent school
				attendance"
means one of several indicators used pursuant to the
				Assessment and Accountability Act 22-2C-1 to 22-2C-11 NMSA 1978 and procedures
				of the PED to measure public school improvement, but would not include excused
				absences;
(8)
"PED"
means the public education department;
(9)
"Section 504"
means Section
				504 of the Rehabilitation Act of 1973 29 U.S. Code Section 794 and its
				implementing regulations, which provide that "no otherwise qualified individual
				with a disability shall, solely by reason of her or his handicap, be excluded
				from participation in, be denied the benefits of, or be subjected to
				discrimination under any program or activity receiving federal financial
				assistance; and
(10)
"Section
				504 plan"
means the accommodation plan required if the individual has a
				mental or physical impairment that substantially limits one or more of the
				person's major life activities, including learning, but is not already
				receiving special education services under the eligibility requirements of the
				IDEA.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 19 - MOTOR VEHICLE PROCEDURES, LICENSES, PERMITS › Part 6 - PENALTY › Section 18.19.6.1 - 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 6 - PENALTY › Section 18.19.6.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
10/31/96, 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 6 - PENALTY › Section 18.19.6.6 - 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 6 - PENALTY › Section 18.19.6.8 - IMPOSITION OF PENALTY

Current through Register Vol. 35, No. 13, July 16, 2024
A. A
				penalty in the amount of twenty dollars ($20.00) will be imposed under Section
				66-6-34
				NMSA 1978 for each instance in which a check tendered to the department is not
				paid upon presentment. This penalty is in addition to any other penalty imposed
				under the Motor Vehicle Code.
B.
				18.19.6.8 NMAC applies to every dishonoring of a check on or after January 1,
				1995.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 19 - MOTOR VEHICLE PROCEDURES, LICENSES, PERMITS › Part 7 - MOTORCYCLES › Section 18.19.7.1 - 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 7 - MOTORCYCLES › Section 18.19.7.3 - 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 7 - MOTORCYCLES › Section 18.19.7.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
10/31/96, 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 7 - MOTORCYCLES › Section 18.19.7.6 - 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 7 - MOTORCYCLES › Section 18.19.7.8 - WINDSHIELD STANDARDS

Current through Register Vol. 35, No. 13, July 16, 2024
Motorcycle windshields which meet the requirements for
				  motorcycle windshields of Federal Motor Vehicle Safety Standard Number 205
				  (Glazing Materials--Passenger Cars, Multipurpose Passenger Vehicles,
				  Motorcycles, Trucks, and Buses) issued by the United States secretary of
				  transportation are approved for use in New Mexico.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 19 - MOTOR VEHICLE PROCEDURES, LICENSES, PERMITS › Part 7 - MOTORCYCLES › Section 18.19.7.9 - HELMET STANDARD

Current through Register Vol. 35, No. 13, July 16, 2024
A helmet to be used by a person under the age of eighteen in
				  connection with the operation of a motorcycle must meet Federal Motor Vehicle
				  Safety Standard Number 218 (Motorcycle Helmets) issued by the United States
				  secretary of transportation. Only helmets meeting Federal Motor Vehicle Safety
				  Standard Number 218 are approved for use in New Mexico.
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 18.19.8.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule applies to every person or entity involved with the
				  movement on the highways of this state of vehicles, combinations of vehicles or
				  loads that, individually or together, exceed size or weight limitations
				  specified in Sections
				  66-7-401
				  through
				  66-7-416
				  NMSA 1978 and to all persons charged with enforcing provisions of the Motor
				  Vehicle Code.
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 18.19.8.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Section
				  9-19-6
				  NMSA 1978; Sections
				  66-7-401
				  through
				  66-7-416
				  NMSA 1978.
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 18.19.8.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
February 12, 2016, unless a later date is cited at the end of
				  a section.
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 18.19.8.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of this rule is to interpret and implement
				  provisions of the Motor Vehicle Code relating to the movement of oversize and
				  overweight vehicles on the highways of this state.