reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 2 - MOTOR CARRIER › Part 3 - MOTOR CARRIER SAFETY › Section 18.2.3.11 - QUALIFICATION OF DRIVERS

Current through Register Vol. 35, No. 13, July 16, 2024
The department of public safety hereby adopts Part 40 and
				  Appendix A to Part 40 of Title 49 of the Code of Federal Regulations ( 49 CFR
				  40 - Procedures for Transportation Workplace Drug Testing Programs), Part 391
				  of Title 49 of the Code of Federal Regulations ( 49 CFR 391 - Qualification of
				  Drivers), Part 382 of Title 49 of the Code of Federal Regulations ( 49 CFR 382
				  -Controlled Substances and Alcohol Use and Testing) and Appendices C (Written
				  Examination for Drivers), D (Table of Disqualifying Drugs and Other Substances,
				  Schedule I) and E (Table of Disqualifying Drugs and Other Substances, Schedules
				  II through V) of Subchapter B of Chapter III of Title 49 of the Code of Federal
				  Regulations. All provisions set forth in these parts as adopted are applicable
				  to interstate and intrastate motor carriers, commercial motor vehicles and
				  employees, with the following amendments:
A. Part 391.2(c) is amended to read:
"Certain farm vehicle drivers
. The rules in this part do not
				apply to a farm vehicle driver other than a farm vehicle driver who drives an
				articulated (combination) motor vehicle interstate that has a gross weight,
				including its load, of more than 10,000 pounds or drives an articulated motor
				vehicle intrastate that has a gross weight, including its load, of 26,001
				pounds or more."
B. Part
				391.11(b)(1) is amended to read: "Is at least 21 years old; or is 18 years old
				and drives only in intrastate commerce operating commercial vehicles that are
				not required to be placarded for hazardous materials."
C. Part 391.49, Waiver of Certain Physical
				Defects, is amended to add: "(m) A person who is not physically qualified to
				drive under 391.41(b)(1) or (2) and who is not eligible for a waiver under the
				provisions of 391.49 (a) through 391.49(l) and who drives only intrastate, may
				apply for a waiver from the Director, Motor Vehicle Division, New Mexico
				Taxation and Revenue Department, P.O. Box 1028, Santa Fe, New Mexico,
				87504-1028 under 18.19.5.33 NMAC.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 2 - MOTOR CARRIER › Part 3 - MOTOR CARRIER SAFETY › Section 18.2.3.12 - DRIVING OF MOTOR VEHICLES

Current through Register Vol. 35, No. 13, July 16, 2024
The department of public safety hereby adopts Part 392 of
				  Title 49 of the Code of Federal Regulations ( 49 CFR 392 - Driving of Motor
				  Vehicles). All provisions set forth in CFR 49 Part 392 as adopted are
				  applicable to interstate and intrastate motor carriers, commercial motor
				  vehicles and employees, with no amendments.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 2 - MOTOR CARRIER › Part 3 - MOTOR CARRIER SAFETY › Section 18.2.3.13 - PARTS AND ACCESSORIES NECESSARY FOR SAFE OPERATION

Current through Register Vol. 35, No. 13, July 16, 2024
The department of public safety hereby adopts Part 393 of
				  Title 49 of the Code of Federal Regulations ( 49 CFR 393 - Parts and
				  Accessories Necessary for Safe Operation). All provisions set forth in CFR 49
				  Part 393 as adopted are applicable to interstate and intrastate motor carriers,
				  commercial motor vehicles and drivers, with no amendments.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 2 - MOTOR CARRIER › Part 3 - MOTOR CARRIER SAFETY › Section 18.2.3.14 - HOURS OF SERVICE OF DRIVERS

Current through Register Vol. 35, No. 13, July 16, 2024
The department of public safety hereby adopts Part 395 of
				  Title 49 of the Code of Federal Regulations ( 49 CFR 395 - Hours of Service of
				  Drivers). All provisions set forth in CFR 49 Part 395 as adopted are applicable
				  to interstate and intrastate motor carriers, commercial motor vehicles and
				  employees, with the following amendments: Where the regulation refers to 100
				  air mile radius, and the transportation is intrastate, substitute 150 air mile
				  radius.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 2 - MOTOR CARRIER › Part 3 - MOTOR CARRIER SAFETY › Section 18.2.3.15 - INSPECTION, REPAIR AND MAINTENANCE

Current through Register Vol. 35, No. 13, July 16, 2024
The department of public safety hereby adopts Part 396 of
				  Title 49 of the Code of Federal Regulations ( 49 CFR 396 - Inspection, Repair,
				  and Maintenance) and Appendix G (Minimum Periodic Inspection Standards) of
				  Subchapter B of Chapter III of Title 49 of the Code of Federal Regulations. All
				  provisions set forth in these parts as adopted are applicable to interstate and
				  intrastate motor carriers, commercial motor vehicles and employees, with the
				  following amendments:
A. Part 396.9(a)
Personnel authorized to perform inspections
is amended to add:
				"If the persons have successfully completed approved training, have met minimum
				performance standards and have been certified and approved by the director of
				the division, all personnel of the motor transportation division, police
				officers and any other state inspectors are authorized to enter upon and
				perform inspections of motor carriers' vehicles in operation."
B. Part 396.9(b)
Prescribed
				inspection report
is amended to add: "The driver-vehicle inspection
				form, MTD-10987 and MTD-10988 or computer-generated facsimile, shall be used to
				record results of motor vehicle inspections conducted by personnel of the motor
				transportation division of the department of public safety, police officers or
				other state inspectors authorized to perform inspections by the director of the
				motor transportation division."
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 2 - MOTOR CARRIER › Part 3 - MOTOR CARRIER SAFETY › Section 18.2.3.16 - TRANSPORTATION OF HAZARDOUS MATERIALS - DRIVING AND PARKING RULES

Current through Register Vol. 35, No. 13, July 16, 2024
The department of public safety hereby adopts Part 397 of
				  Title 49 of the Code of Federal Regulations ( 49 CFR 397 - Transportation of
				  Hazardous Materials; Driving and Parking Rules). All provisions set forth in
				  CFR 49 Part 397 as adopted are applicable to interstate and intrastate motor
				  carriers, commercial motor vehicles and employees, with no
				  amendments.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 2 - MOTOR CARRIER › Part 3 - MOTOR CARRIER SAFETY › Section 18.2.3.17 - ADOPTION OF FEDERAL HAZARDOUS MATERIALS TRANSPORTATION REGULATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
The department of public safety hereby adopts Parts 107, 171,
				  172, 173, 177, 178 and 180 of Title 49 of the Code of Federal Regulations ( 49
				  CFR 107 - Hazardous Materials Program Procedures, 49 CFR 171 - General
				  Information, Regulations and Definitions, 49 CFR 172 - Hazardous Materials
				  Table, Special Provisions, Hazardous Materials Communications Requirements and
				  Emergency Response Information Requirements, 49 CFR 173 - Shippers - General
				  Requirements for Shipments and Packaging, 49 CFR 177 - Carriage by Public
				  Highway, 49 CFR 178 - Specifications for Packagings and 49 CFR 180 - Continuing
				  Qualification and Maintenance of Packagings). All provisions set forth in these
				  parts as adopted are applicable to interstate and intrastate motor carriers,
				  commercial motor vehicles and employees, with no amendments.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 3 - MOTOR CARRIER GENERAL PROVISIONS › Part 1 - GENERAL PROVISIONS › Section 18.3.1.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Sections 65-2A-4, 65-2A-29 and 65-2A-32 NMSA 1978, and 2023
				  N.M. Laws, Chapter 100, Section 81.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 3 - MOTOR CARRIER GENERAL PROVISIONS › Part 1 - GENERAL PROVISIONS › Section 18.3.1.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
As used in these rules, unless the context clearly indicates
				  otherwise, the following definitions apply:
A.
department
means the New
				Mexico department of transportation;
B.
facilities
includes lands,
				buildings, and improvements to real property owned, leased, or used in the
				operations of a motor carrier;
C.
FMCSA
means the federal motor carrier safety
				administration;
D.
inspection
				or investigation
means the examination by the department or other lawful
				entity of a motor carrier's operations, including the facilities and equipment
				used in connection with its operations, and all pertinent records;
E.
limousine service
means a
				specialized passenger service providing the transportation of passengers for
				hire at a fixed, unmetered rate in a chauffeur-driven luxury motor vehicle at
				the exclusive use of one individual or group for a period of time that is not
				less than 30 minutes and scheduled by prearrangement and not by soliciting on
				the streets;
F.
non-emergency
				medical transport service
means a specialized passenger service
				providing the scheduled transportation of passengers not requiring medical
				monitoring or treatment in a motor vehicle to or from a required medical or
				therapeutic appointment;
G.
principal place of business
means the mailing and street address
				of the motor carrier's primary business office in New Mexico;
H.
red tag or cease and desist
				order
means a written demand issued by the department to the motor
				carrier to immediately discontinue, rectify or prevent a specified act or
				omission that is a violation of a prior department order or applicable law that
				threatens or endangers public safety;
I.
stationing point
means a
				fixed physical location as identified on each operating authority from which a
				motor carrier responds to a call for service or stores the vehicles it
				currently uses to provide service and does not include the point where a
				vehicle responding to a service call is temporarily located;
J.
these rules
means the rules
				codified in Title 18, Chapter 3 of the New Mexico Administrative
				Code;
K.
tour and sightseeing
				service
means specialized passenger service providing scheduled or
				unscheduled guided transportation of passengers for hire in a motor vehicle to
				scenic points or other points of interest at rates that apply to each
				individual passenger;
L.
volunteer driver
means a person who drives for an ambulance or
				commuter service without remuneration; the provision of or reimbursement for
				training, equipment, uniforms, and supplies necessary to the performance of
				driving duties are incidental and do not constitute remuneration for purposes
				of these rules.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 3 - MOTOR CARRIER GENERAL PROVISIONS › Part 1 - GENERAL PROVISIONS › Section 18.3.1.8 - COMPLIANCE WITH THE LAW

Current through Register Vol. 35, No. 13, July 16, 2024
A. A
				motor carrier shall comply with all applicable state and federal laws and
				regulations.
B. In an emergency, a
				motor carrier may vary from a specific requirement of these rules when
				authorized or directed by a law enforcement officer or public safety
				official.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 3 - MOTOR CARRIER GENERAL PROVISIONS › Part 1 - GENERAL PROVISIONS › Section 18.3.1.9 - COMPLIANCE WITH TERMS OF OPERATING AUTHORITY AND TARIFFS

Current through Register Vol. 35, No. 13, July 16, 2024
A. A motor carrier shall comply with the
				terms and conditions of its operating authority.
B. A motor carrier of persons or household
				goods, and towing services performing nonconsensual tows, shall comply with the
				terms and conditions of its approved tariff.
C. If there is a conflict between the terms
				and conditions of an operating authority and the terms and conditions of an
				approved tariff, the operating authority will govern the specific
				conflict.
D. If there is a conflict
				between these rules and the terms and conditions of a tariff or operating
				authority, these rules will govern the specific conflict.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 3 - MOTOR CARRIER GENERAL PROVISIONS › Part 1 - GENERAL PROVISIONS › Section 18.3.1.10 - STATIONING POINTS FOR CERTIFICATED PASSENGER SERVICES

Current through Register Vol. 35, No. 13, July 16, 2024
A. The approved stationing points shall be
				identified on the certificate of each passenger service.
B. No stationing point may be adopted,
				abandoned or moved prior to the issuance of a new certificate reflecting the
				requested change.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 3 - MOTOR CARRIER GENERAL PROVISIONS › Part 1 - GENERAL PROVISIONS › Section 18.3.1.11 - SUBMISSION AND RECEIPT OF PAYMENTS AND DOCUMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The department accepts documents submitted
				by mail, electronic mail or hand-delivery.
B. Any required fees must be received by the
				department by electronic transfer, mail or hand-delivery prior to the
				consideration of any document submitted.
C. A document or fee is received on the date
				of delivery, unless that date is a holiday or weekend in which event the
				document is deemed received on the next business day.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 3 - MOTOR CARRIER GENERAL PROVISIONS › Part 1 - GENERAL PROVISIONS › Section 18.3.1.12 - PRESCRIBED FORMS

Current through Register Vol. 35, No. 13, July 16, 2024
The department has prescribed forms to carry out certain
				  requirements of these rules that may be obtained in person or on the
				  department's website. The most current version of a form must be used when a
				  form exists for that purpose.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 3 - MOTOR CARRIER GENERAL PROVISIONS › Part 1 - GENERAL PROVISIONS › Section 18.3.1.13 - INSPECTIONS AND INVESTIGATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Inspections:
The department may inspect a motor carrier's
				operations for legal compliance at any time and without prior notice,
				regardless of the status of the motor carrier's operating authority.
B.
Investigations:
A full or
				partial investigation may be initiated if an inspection reveals, or the
				department otherwise is alerted to, a possible violation by the motor carrier
				of an applicable law or prior department order.
C.
Findings and Remedies:
(1) Within 30 days following an inspection,
				the department shall provide a written report to a motor carrier outlining any
				required corrective measures and timelines. Failure to timely address the
				identified deficiencies may result in further proceedings and penalties, as
				provided by law;
(2) The department
				may issue a red tag or cease and desist order at the time of inspection or
				investigation if immediate action is required by the motor carrier to avert the
				identified dangers or risks to public safety. Failure to take immediate action
				to discontinue, remedy or prevent the violations may result in the immediate
				suspension of all operations and other penalties, as provided by law;
(3) A motor carrier that obstructs or
				prohibits an inspection or investigation of any of its operations or applicable
				records shall be deemed a risk to the public safety and be subject to an
				immediate cease and desist order for all or part of its operations.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 3 - MOTOR CARRIER GENERAL PROVISIONS › Part 1 - GENERAL PROVISIONS › Section 18.3.1.14 - DECEPTIVE ADVERTISING PROHIBITED

Current through Register Vol. 35, No. 13, July 16, 2024
A. No motor carrier shall make a statement
				orally or in writing, via any medium of advertisement or communication,
				concerning any aspect of intrastate transportation for hire that is materially
				false or misleading in part or in whole. A statement shall be deemed materially
				false or misleading if it omits any material qualification imposed by these
				rules or contained in the motor carrier's operating authority.
B. A motor carrier shall be subject to
				potential penalties for violations of this section by persons or firms within
				the control of the motor carrier.
C. A motor carrier of persons or household
				goods, or towing service performing non-consensual tows, shall advertise and
				solicit in the legal or "doing business as" name(s) contained in its approved
				tariff, but may advertise the name of an officially registered agent or, for
				household goods movers, the national affiliation or principal for interstate
				carriage for which the carrier is currently an agent, so long as the name of
				the motor carrier of persons or household goods, or towing service performing
				nonconsensual tows, is prominently displayed along with the agent's
				name.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 3 - MOTOR CARRIER GENERAL PROVISIONS › Part 2 - OPERATING AUTHORITIES › Section 18.3.2.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Sections 65-2A-4 and 65-2A-19 NMSA 1978, and 2023 N.M. Laws,
				  Chapter 100, Section 81.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 3 - MOTOR CARRIER GENERAL PROVISIONS › Part 2 - OPERATING AUTHORITIES › Section 18.3.2.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The purpose of this rule is to implement Sections 65-2A-5
				  through 65-2A-13 NMSA 1978.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 3 - MOTOR CARRIER GENERAL PROVISIONS › Part 2 - OPERATING AUTHORITIES › Section 18.3.2.8 - OPERATING AUTHORITY REQUIRED

Current through Register Vol. 35, No. 13, July 16, 2024
An operating authority is required for each type of service
				  offered. An operating authority issued for one service will not serve as
				  authorization for another service.
A.
Warrants.
A warrant is required for each of the following service
				types:
(1) charter services;
(2) towing services, including for
				repossessions; and
(3)
				transportation of property, excluding household good services for which a
				certificate is required, and cadaver transports regulated under the Funeral
				Services Act, Chapter 61, Article 32 NMSA 1978.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 3 - MOTOR CARRIER GENERAL PROVISIONS › Part 2 - OPERATING AUTHORITIES › Section 18.3.2.9 - APPLICATIONS FOR OPERATING AUTHORITIES

Current through Register Vol. 35, No. 13, July 16, 2024
These requirements apply to both warrant and certificate
				  applications (including for certificate amendment, lease or transfer). Certain
				  service types or certificate amendments may require additional information and
				  documents, as described in these rules. The following are general application
				  requirements for all operating authorities.
A.
Applicant information:
(1) the applicant's name, phone number and
				e-mail address for department communications;
(2) if the applicant is a sole proprietor,
				the applicant's social security number for purposes of verifying parental
				responsibility act compliance;
(3)
				name, mailing and e-mail address for a designated agent to receive service of
				process;
(4) the applicant's
				authority over, and legal relationship to, the business.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 3 - MOTOR CARRIER GENERAL PROVISIONS › Part 2 - OPERATING AUTHORITIES › Section 18.3.2.10 - APPLICATION FOR TEMPORARY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
An applicant for a certificated service (including for
				  amendment, lease or transfer or a tariff rate increase) may apply for temporary
				  authority pursuant to Section 65-2A-11 NMSA 1978. The original and temporary
				  applications must be complete, and all fees received, prior to consideration. A
				  grant of temporary authority is discretionary and shall not create a
				  presumption that permanent authority will be granted. Any motor carrier
				  operating pursuant to a temporary authority must comply with all applicable
				  laws.
A.
Public safety, a
				governmental program, or a specific public event:
An application for
				temporary authority involving public safety, a governmental program or a
				specific public event must be submitted with the original application or at
				least five days prior to the expiration of the notice period. The applicant
				must also provide:
(1) affidavits from one or
				more persons having urgent need of the service; and
(2) a statement regarding either the
				nonexistence of, or inadequate service provision by, motor carriers authorized
				to provide the needed service in that territory.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 3 - MOTOR CARRIER GENERAL PROVISIONS › Part 2 - OPERATING AUTHORITIES › Section 18.3.2.11 - NOTICES

Current through Register Vol. 35, No. 13, July 16, 2024
Notices are posted on the department's website and sent to
				  all motor carriers and other persons or entities who have previously submitted
				  an electronic address for the purpose of receiving such notices. Notice is
				  required as required by law for all complete certificate applications
				  (including for amendment, lease or transfer), existing and proposed tariffs,
				  certain proposed rate increases, certain contemplated penalties, proposed
				  rulemakings, and orders of general application.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 3 - MOTOR CARRIER GENERAL PROVISIONS › Part 2 - OPERATING AUTHORITIES › Section 18.3.2.12 - REVIEW AND ISSUANCE

Current through Register Vol. 35, No. 13, July 16, 2024
Applications are complete once all the information and
				  documentation required is submitted and the requisite fees are received.
				  Applications must be complete prior to the noticing and consideration by the
				  department. Completed applications are reviewed for legal compliance. The
				  applicant shall be notified of any deficiencies and given an opportunity to
				  submit corrections. Operating authorities are issued in the company or sole
				  proprietor's name and not in the trade or "doing business as" name.
A.
Warrants:
A warrant will
				generally be issued once a completed application is determined to satisfy all
				legal requirements. For a towing service seeking to provide non-consensual
				tows, the proposed tariff must be approved by the department prior to issuance
				of the warrant.
B.
Certificates:
A certificate (new, amended, lease or transfer) will
				generally be issued after the notice period only if the completed application
				is uncontested and determined to satisfy all legal requirements. A certificate
				for passenger services may be delayed, modified, or not issued if the
				application is contested during the notice period since the department is
				required to consider the issues. Furthermore, some issues may require a full
				hearing for proper consideration. If an application is contested and the issue
				is set for a hearing, the applicant may apply for a temporary authority to
				provide services until the hearing process is concluded and the department
				issues a determination.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 3 - MOTOR CARRIER GENERAL PROVISIONS › Part 2 - OPERATING AUTHORITIES › Section 18.3.2.13 - CONTESTED CERTIFICATE APPLICATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
During the notice period, an application for a certificate
				  (including for amendment, lease or transfer) for passenger services may be
				  contested by protest or objection, or by the department if staff require a
				  hearing on the application.
A.
Protests.
Only full service carriers may file a protest of a
				certificate application. A protest is deemed denied if it is not submitted with
				the requisite fee during the notice period. A protest must include:
(1) a copy of the protestor's full service
				operating authority;
(2) a
				description of how the proposed service territory in the certificate
				application overlaps with the protestor's existing certificated service
				territory; and
(3) if the protestor
				is not an ambulance service, a reasonable description of the potential adverse
				impact the granting of the certificate application would have on the existing
				provision of full service passenger services to the public within the
				protestor's full service territory;
(4) a protesting carrier meeting these
				requirements may proceed to a hearing on the application as an
				intervenor;
(5) if a protesting
				carrier withdraws the protest, withdraws as an intervenor or fails to appear at
				the hearing, the application shall be processed as an uncontested
				application.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 3 - MOTOR CARRIER GENERAL PROVISIONS › Part 2 - OPERATING AUTHORITIES › Section 18.3.2.14 - REQUIRED TERMS AND CONDITIONS OF SERVICE

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Requirements for all motor
				carriers:
(1)
Service
				restrictions:
The provisions governing the scope, terms and conditions
				of motor carrier services are provided in the applicable statutes, rules and
				the specifications of each operating authority. Authorized services must be
				provided consistent with these governing provisions, including service
				definitions.
(2)
Placement of
				operating authorities:
An operating authority must be maintained by the
				motor carrier at the principal place of business identified in the application,
				and a copy of the authority for the specific service type being provided must
				be carried in each vehicle that a motor carrier operates in New
				Mexico.
(3)
Financial
				responsibility:
The required amounts and types of financial
				responsibility must be continuously maintained for the authorized services for
				all periods of operation.
(4)
Safety requirements:
All vehicles, equipment, drivers and
				applicable resources must be properly inspected and maintained to ensure that
				all safety requirements are satisfied at all times. Motor carriers are
				prohibited from placing a motor vehicle into service that has any defect or
				deficiency that may be capable of causing an accident or mechanical
				malfunction.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 3 - MOTOR CARRIER GENERAL PROVISIONS › Part 3 - FINANCIAL RESPONSIBILITY › Section 18.3.3.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Sections 65-2A-4, 65-2A-12, 65-2A-18 and 65-2A-27 NMSA 1978,
				  and 2023 N.M. Laws, Chapter 100, Section 81.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 3 - MOTOR CARRIER GENERAL PROVISIONS › Part 3 - FINANCIAL RESPONSIBILITY › Section 18.3.3.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The purpose of this rule is to implement Section 65-2A-18
				  NMSA 1978.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 3 - MOTOR CARRIER GENERAL PROVISIONS › Part 3 - FINANCIAL RESPONSIBILITY › Section 18.3.3.8 - PROOF OF FINANCIAL RESPONSIBILITY

Current through Register Vol. 35, No. 13, July 16, 2024
Every motor carrier must ensure that the minimum required
				  financial responsibility is on file with the department during all periods of
				  operation. The insurance policy must be in the exact legal and "doing business
				  as" name of the motor carrier and be endorsed with the expiration date of
				  "until canceled". Insurance companies are required to submit the uniform filing
				  forms directly to the department.
A.
Bodily injury and property damage coverage:
The following
				documents are accepted:
(1) a uniform filing
				"form E" submitted to the department by an insurance company authorized to
				transact insurance business in New Mexico; or
(2) a uniform filing "form G" for a surety
				bond issued by a company authorized to do surety business in New Mexico;
				or
(3) a copy of the motor
				carrier's self-insured policy.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 3 - MOTOR CARRIER GENERAL PROVISIONS › Part 3 - FINANCIAL RESPONSIBILITY › Section 18.3.3.9 - PENALTIES FOR CANCELED OR INSUFFICIENT COVERAGE

Current through Register Vol. 35, No. 13, July 16, 2024
Insurance companies are required to timely submit all uniform
				  filing forms to the department directly. Copies of coverage submitted by the
				  motor carrier will not serve as proof of coverage. Anyone aggrieved by the
				  action or omission of an insurance company related to these required filings
				  may file a consumer complaint with the office of superintendent of insurance
				  (www.osi.state.nm.us).
A.
Immediate suspension:
A motor carrier's operating authority is
				subject to immediate suspension for lack of financial responsibility if, for
				any reason, its current coverage is not on file with the department or does not
				meet the minimum requirements.
B.
Warrant revocation:
A warrant holder's operating authority is
				subject to immediate revocation if, for any reason, its coverage is not on file
				with the department for a period of four consecutive months.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 3 - MOTOR CARRIER GENERAL PROVISIONS › Part 3 - FINANCIAL RESPONSIBILITY › Section 18.3.3.10 - MINIMUM INSURANCE COVERAGE

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Passenger services:
Motor carriers of passenger services must
				maintain the minimum levels of coverage required by
				49 CFR
				387.33, except that taxicab services
				utilizing vehicles with seating capacities of six or fewer passengers
				(including the driver) must maintain a combined single-limit policy of one
				million dollars ($1,000,000) per occurrence. This taxicab exception to the
				minimum coverage expires on June 30, 2025. Taxicab services failing to ensure
				full compliance with the minimum coverage requirements of
				49 CFR
				387.33 on or before July 1, 2025, will be
				subject to penalties as provided by law, to include immediate
				suspension.
B.
Property
				services:
Towing services, household goods movers, and motor carriers of
				property (including hazardous materials) must maintain the minimum levels of
				coverage, as required by 49
				CFR 387.9 and 49 CFR 303(b)(2) . In addition:
(1) Towing services must maintain fifty
				thousand dollars ($50,000) of both on-the-hook and garage-keepers' liability
				insurance.
(2) Household goods
				carriers must maintain fifty thousand dollars ($50,000) cargo liability
				insurance per shipper for loss or damage to cargo of the shipper.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 3 - MOTOR CARRIER GENERAL PROVISIONS › Part 3 - FINANCIAL RESPONSIBILITY › Section 18.3.3.11 - MAXIMUM DEDUCTIBLE LIMIT

Current through Register Vol. 35, No. 13, July 16, 2024
No insurance policy shall have a deductible in excess of
				  five thousand dollars ($5,000), unless the department approves a higher
				  deductible for a motor carrier that provides:
A. a surety bond in an amount equal to the
				difference between five thousand dollars ($5,000) and the amount of the higher
				deductible; or
B. a copy of the
				motor carrier's self-insured policy coverage for an amount equal to or greater
				than the amount of the higher deductible.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 3 - MOTOR CARRIER GENERAL PROVISIONS › Part 4 - SAFETY REQUIREMENTS › Section 18.3.4.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Sections 65-2A-4, 65-2A-19 and 65-6-4 NMSA 1978, and 2023
				  N.M. Laws, Chapter 100, Section 81.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 3 - MOTOR CARRIER GENERAL PROVISIONS › Part 4 - SAFETY REQUIREMENTS › Section 18.3.4.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The purpose of this rule is to implement Sections 65-2A-19
				  and 65-6-4 NMSA 1978 by establishing safety requirements for drivers, motor
				  vehicles, and motor carriers.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 3 - MOTOR CARRIER GENERAL PROVISIONS › Part 4 - SAFETY REQUIREMENTS › Section 18.3.4.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
As used in this rule:
A.
CDL driver
means a driver who
				is required by 49 CFR
				383.3 or Section 66-5-59 NMSA 1978 to have a
				commercial driver's license;
B.
driver
means a person who drives a motor vehicle as, for, or on
				behalf of a motor carrier;
C.
MVD
means the motor vehicle division of the New Mexico taxation
				and revenue department.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 3 - MOTOR CARRIER GENERAL PROVISIONS › Part 4 - SAFETY REQUIREMENTS › Section 18.3.4.8 - AVAILABILITY OF CITED MATERIAL

Current through Register Vol. 35, No. 13, July 16, 2024
The sections of the code of federal regulations cited in this
				  rule may be found on the government printing office website at
				  http://www.gpoaccess.gov/cfr/.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 3 - MOTOR CARRIER GENERAL PROVISIONS › Part 4 - SAFETY REQUIREMENTS › Section 18.3.4.9 - SUBSTITUTION OF TERMS ADOPTED FROM FEDERAL LAW

Current through Register Vol. 35, No. 13, July 16, 2024
Wherever the following terms appear in a part or section of
				  title 49 of the code of federal regulations (CFR), for purposes of this rule
				  and as adopted by reference in this rule, these federal terms shall be read as
				  if substituted by the terms provided below.
A. for the terms "commerce" and "interstate
				commerce", substitute "intrastate commerce," as it is defined in
				49 CFR Section
				390.5;
B. for the terms "commercial motor vehicle",
				"bus", "truck", and "truck tractor", substitute "motor vehicle," as defined in
				Section 65-2A-3 NMSA 1978, except for when these terms are used in
				49 CFR Section
				391.21(b)(11). For purposes
				of this rule, the term "motor vehicle" shall not be understood to include any
				limitations based on gross combination weight rating, gross vehicle weight
				rating, or passenger seating capacity; and
C. for the abbreviation "FMCSA" (federal
				motor carrier safety administration), substitute "department of transportation"
				or "DOT".
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 3 - MOTOR CARRIER GENERAL PROVISIONS › Part 4 - SAFETY REQUIREMENTS › Section 18.3.4.10 - REQUIREMENTS APPLICABLE TO ALL DRIVERS

Current through Register Vol. 35, No. 13, July 16, 2024
Motor carriers shall require and ensure that all drivers in
				  their service, including themselves, comply with the duties and prohibitions of
				  these rules.
A.
Drug and alcohol
				programs and testing for drivers:
This rule adopts by reference 49 CFR
				Part 40 in its entirety, and 49 CFR Section 382, except for Sections 382.117
				and 382.119.
B.
Hours of
				service:
Ambulance services shall adopt and enforce a policy governing
				hours of service for their drivers. For other motor carriers the following
				restrictions apply to:
(1) drivers operating
				for taxicab services, non-emergency medical transportation services,
				specialized passenger services, and intrastate shuttle service with passenger
				capacity of 15 or less, a driver shall not drive the service vehicle for more
				than 12 hours out of any 24 hour period;
(2) all other drivers, this rule adopts by
				reference 49 CFR Part 395, except that section 395.1(e)(1) is amended to add:
				"or operates in intrastate commerce within a 150 air-mile radius of the normal
				work reporting location."
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 3 - MOTOR CARRIER GENERAL PROVISIONS › Part 4 - SAFETY REQUIREMENTS › Section 18.3.4.11 - REQUIREMENTS APPLICABLE ONLY TO CDL DRIVERS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Commercial drivers' licenses:
This rule adopts by reference the New Mexico commercial driver's license act,
				Sections 66-5-52 through 66-5-72 NMSA 1978.
B.
Qualifications of drivers and longer
				combination vehicle (LCV) driver instructors:
This rule adopts by
				reference 49 CFR Part 391, with the following changes:
(1) Section 391.11(b)(1) is amended to add:
				"or is 18 years old and drives only in intrastate commerce motor vehicles that
				are not required to be placarded for hazardous materials;"
(2) Section 391.15 is not adopted;
(3) Section 391.49(a) is amended to add: "or
				the director of MVD has granted a waiver to that person pursuant to
				18.19.5.33 NMAC."
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 3 - MOTOR CARRIER GENERAL PROVISIONS › Part 4 - SAFETY REQUIREMENTS › Section 18.3.4.12 - REQUIREMENTS APPLICABLE ONLY TO NON-CDL DRIVERS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Operators' licenses:
This
				rule adopts by reference the licensing provisions of the New Mexico motor
				vehicle code, Sections 66-5-1 through 66-5-48, NMSA 1978.
B.
Qualifications, investigations,
				inquiries, reporting, records, driving, equipment, inspection repair and
				maintenance by and for all passenger vehicles and drivers:
(1) Before allowing a transportation service
				driver to provide carriage:
(a) the
				prospective driver shall submit an application to the transportation service
				that includes the individual's address, age, driver's license number and state,
				and driving history;
(b) the
				transportation service shall obtain a local and national criminal background
				check for the prospective driver that shall include:
(i) multistate or multi-jurisdiction criminal
				records locator or other similar commercial nationwide database with validation
				and primary source search; and
(ii)
				a national sex offender registry; and
(iii) the transportation service shall obtain
				and review a driving history research report for the prospective
				driver.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 3 - MOTOR CARRIER GENERAL PROVISIONS › Part 4 - SAFETY REQUIREMENTS › Section 18.3.4.13 - IDENTIFICATION OF EQUIPMENT

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Issuance:
The department shall assign a operating authority number
				to each motor carrier service when it issues an operating authority. Any
				operating authority number issued shall be displayed as required by this
				rule.
B.
Display:
The
				letters and numbers must be not less than one-half inch (1/2") wide and not
				less than two and one-half inches (2 1/2") high. The operating authority number
				will be displayed in the following manner: "NM 123".
(1)
Placement on limousines:
The
				NM operating authority number must be distinctly displayed on the front and
				rear bumpers of each limousine operated in New Mexico.
(2)
Placement on all other motor
				vehicles:
The name or d/b/a name of the motor carrier or commuter
				service and the NM operating authority number must be distinctly displayed and
				permanently affixed to the right and left doors, or sides of the power unit, of
				each motor vehicle operated in New Mexico, except that for motor vehicles
				leased or rented for authorized operations the required display need not be
				permanently affixed.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 3 - MOTOR CARRIER GENERAL PROVISIONS › Part 4 - SAFETY REQUIREMENTS › Section 18.3.4.14 - MINIMUM EQUIPMENT STANDARDS

Current through Register Vol. 35, No. 13, July 16, 2024
A motor carrier shall only use equipment for vehicles that
				  is produced and constructed by a manufacturer of such equipment that regularly
				  produces such equipment of guaranteed quality. The department may approve the
				  use of non-guaranteed equipment only if the motor carrier submits a written
				  request for use of such equipment accompanied by a verified statement from a
				  reputable testing laboratory regularly engaged in the testing of the same
				  equipment to certify that the equipment is appropriate for the intended
				  purpose. The motor carrier shall bear all costs of testing and
				  certification.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 3 - MOTOR CARRIER GENERAL PROVISIONS › Part 5 - FEES AND PENALTIES › Section 18.3.5.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Sections 65-2A-32 and 65-2A-36 NMSA 1978 and 2023 N.M. Laws,
				  Chapter 100, Section 81.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 3 - MOTOR CARRIER GENERAL PROVISIONS › Part 5 - FEES AND PENALTIES › Section 18.3.5.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
July 1, 2024, unless a later date is cited at the end of a
				  section.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 3 - MOTOR CARRIER GENERAL PROVISIONS › Part 5 - FEES AND PENALTIES › Section 18.3.5.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The purpose of this rule is to set forth the required
				  processing and service fees and the standards for the determination of any
				  applicable penalties under the Motor Carrier Act, Chapter 65, Article 2A NMSA
				  1978.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 3 - MOTOR CARRIER GENERAL PROVISIONS › Part 5 - FEES AND PENALTIES › Section 18.3.5.7 - REQUIRED FEES

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Certificate applications:
(1) New
				certificate $300
(2) Temporary
				authority (for public safety, government program or public event)
				$100
(3) Temporary authority (for a
				challenged application otherwise approved) $0
(4) Temporary authority (for period of
				hearing on tariff service rate increase) $100
(5) Change to certificate (with statutory
				hearing requirement) $200
(6)
				Tariff change (to rates or terms of service) $200
(7) Lease or transfer of certificate
				$100
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 3 - MOTOR CARRIER GENERAL PROVISIONS › Part 6 - TARIFFS › Section 18.3.6.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule applies to motor carriers of tariffed services to
				  include ambulance, household goods, shuttle, taxicab, nonconsensual towing, and
				  specialized passenger services (limousine, non-emergency medical, tour and
				  sightseeing).
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 3 - MOTOR CARRIER GENERAL PROVISIONS › Part 6 - TARIFFS › Section 18.3.6.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Section 65-2A-4 NMSA 1978 and 2023 N.M. Laws, Chapter 100,
				  Section 81.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 3 - MOTOR CARRIER GENERAL PROVISIONS › Part 6 - TARIFFS › Section 18.3.6.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The purpose of this rule is to implement Sections 65-2A-20
				  through 65-2A-22 NMSA 1978.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 3 - MOTOR CARRIER GENERAL PROVISIONS › Part 6 - TARIFFS › Section 18.3.6.8 - COMMENCEMENT OF OPERATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
Prior to the performance of any operations, a tariff
				  containing rates, terms and conditions, and any applicable time schedules of
				  service must be approved by, and on file with, the
				  department.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 3 - MOTOR CARRIER GENERAL PROVISIONS › Part 6 - TARIFFS › Section 18.3.6.9 - CONTENTS OF TARIFFS

Current through Register Vol. 35, No. 13, July 16, 2024
All proposed tariffs shall be in the prescribed form and for
				  scheduled shuttle services, or for general shuttle services opting to operate
				  pursuant to a set schedule, shall include the daily presentment times for each
				  end or intermediate terminal location. A proposed tariff shall include specific
				  rates, not ranges of rates, and shall not include any provision for mandatory
				  gratuities or any limits to liability for negligence.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 3 - MOTOR CARRIER GENERAL PROVISIONS › Part 6 - TARIFFS › Section 18.3.6.10 - COMPUTATION OF DISTANCES

Current through Register Vol. 35, No. 13, July 16, 2024
A. A
				motor carrier shall use the least expensive route when charging by mileage,
				consistent with existing events and road and weather conditions, unless the
				passenger or customer directs otherwise.
B. A motor carrier other than a taxicab
				service shall compute actual distances, as applicable, using odometer readings,
				global positioning system (GPS) data, or the official road map of New Mexico
				issued by the department.
C. Any
				remaining fraction of less than one-half mile will be omitted; any remaining
				fraction of one-half mile or greater will be increased to the next whole
				mile.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 3 - MOTOR CARRIER GENERAL PROVISIONS › Part 6 - TARIFFS › Section 18.3.6.11 - TARIFFS TO BE AVAILABLE

Current through Register Vol. 35, No. 13, July 16, 2024
Tariffs must be maintained as a record at the motor carrier's
				  principal place of business and must be available to the public at all times
				  the motor carrier is open for business. For shuttle services, rates and
				  applicable terminal presentment schedules must be posted at each terminal.
				  Motor carriers providing certificated passenger services shall additionally
				  post the tariff rates in the passenger compartment of each service
				  vehicle.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 3 - MOTOR CARRIER GENERAL PROVISIONS › Part 6 - TARIFFS › Section 18.3.6.12 - TARIFF CHANGE APPLICATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A motor carrier that proposes to change its rates, terms and
				  conditions of service, shall file an application for a change in tariff with
				  any required fee and submit a proposed tariff to reflect the desired changes,
				  and provide additional information as specified below.
A.
Rate increases for a full service
				carriers and towing services:
A tariff change application submitted by a
				municipal taxicab, a scheduled shuttle, an ambulance service, or a towing
				service providing non-consensual tows, that proposes to increase rates shall
				include:
(1) a side-by-side comparison of the
				proposed tariff rates and the current tariff rates a balance sheet for the
				preceding fiscal year;
(2) an
				income statement for the preceding fiscal year;
(3) all documentary evidence which the
				applicant believes supports its proposed change in rates; and
(4) pre-filed direct testimony explaining why
				a change in rates is required for the motor carrier to achieve revenue levels
				that will provide a flow of net income adequate to support reasonable expense
				levels, including reasonable depreciation expense and repayment of a reasonable
				level of debt, and permit the raising of needed equity capital.