New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 2 - MOTOR CARRIER › Part 3 - MOTOR CARRIER SAFETY › Section 18.2.3.10 - GENERAL

Current through Register Vol. 35, No. 13, July 16, 2024
The department of public safety hereby adopts Parts 385, 387,
				  390 and Appendix F (Commercial Zones) of Subchapter B of Chapter III of Title
				  49 of the Code of Federal Regulations. The provisions in these parts are
				  applicable to intrastate motor carriers, commercial motor vehicles and
				  employees with the following amendments:
A. Where the regulations refer to the United
				States department of transportation (DOT), substitute the New Mexico department
				of public safety.
B. Where the
				regulations refer to the federal motor carrier safety administration,
				substitute the New Mexico department of public safety.
C. Where the regulations refer to the
				secretary of the United States department of transportation, substitute the New
				Mexico secretary of the department of public safety.
D. Where the regulations refer to a special
				agent of the federal motor carrier safety administration, substitute all
				personnel safety certified and approved by the director of the motor
				transportation division of the department of public safety.
E. Part 385.13(a) is amended to read
				"Generally, a motor carrier rated "unsatisfactory" is prohibited from operating
				a CMV. Information on motor carriers, including their most current safety
				rating, is available from the department of public safety on the internet at
http://www.dps.nm.org
or by
				telephone at (505) 827-0645."
F.
				Part 385.13(d) is amended to read "Penalties. If a proposed "unsatisfactory''
				safety rating becomes final, the department of public safety will issue an
				order placing its intrastate operations out of service. Any motor carrier that
				operates CMVs in violation of this section will be subject to the penalty
				provisions listed in Sections
				66-2-9
				NMSA 1978,
				66-5-71
				NMSA 1978,
				66-5-58
				NMSA 1978 and
				66-8-7
				NMSA 1978."
G. Part 385.14(a) is
				amended to read "A CMV owner or operator that has failed to pay civil penalties
				imposed by the taxation and revenue department, or has failed to abide by a
				payment plan, may be prohibited from operating CMVs in intrastate commerce."
H. Part 385.14(b) is amended to
				read "A broker, freight forwarder, or for-hire motor carrier that has failed to
				pay civil penalties imposed by the taxation and revenue department, or has
				failed to abide by a payment plan, may be prohibited from operating in
				intrastate commerce, and its registration may be suspended under the provisions
				of section
				66-2-9
				NMSA 1978.
I. Part 385.15(c) is
				amended to read "The motor carrier must submit its request in writing to the
				Department of Public Safety, Motor Transportation Division, P.O. Box 1628 Santa
				Fe, NM 87504."
J. Part 385.17(b) is
				amended to read "A motor carrier must make this request in writing to the
				Department of Public Safety, Motor Transportation Division, P.O. Box 1628 Santa
				Fe, NM 87504."
K. Part 390.5,
				Definitions, is amended to read:
(1)
"Commercial motor vehicle"
means any self propelled or towed
				vehicle used on public highways in commerce to transport passengers or property
				when:
(a) the vehicle is operated interstate
				and has a gross vehicle weight rating or gross combination weight rating, or
				gross vehicle weight or gross combination weight, of 4,536 kg (10,001 pounds)
				or more whichever is greater; or the vehicle is operated only in intrastate
				commerce and has a gross vehicle weight rating, or gross combination weight
				rating or gross vehicle weight or gross combination weight of 26,001 or more
				pounds whichever is greater; or
(b)
				is designed or used to transport more than 8 passengers (including the driver);
				for compensation; or
(c) is
				designed or used to transport more than 15 passengers, (including the driver)
				and is not used to transport passengers for compensation; or
(d) is used in transporting material found by
				the secretary of transportation to be hazardous under
				49 U.S.C.
				5103 and transported in a quantity requiring
				placarding under regulations prescribed by the secretary under 49 CFR, subtitle
				B, Chapter I, subchapter C;