reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 20 - TRAFFIC SAFETY › Part 8 - DRIVING SAFETY SCHOOLS › Section 18.20.8.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. ADA means the
				Americans with Disabilities Act, 42 U.S.C.S Section 12101 et seq.
B. Bureau means the Traffic Safety Bureau
				(TSB) of the New Mexico State Highway and Transportation Department.
C. certificate means a document issued by the
				Bureau authorizing a person to serve as a driving safety school
				instructor.
D. clean driving record
				means a person has no more than six (6) points on his/her driver's license, and
				has not within the last ten (10) years had his/her driver's license suspended
				or revoked as a result of a DWI conviction or refusal to submit to or failure
				of chemical tests pursuant to the Implied Consent Act, or been convicted in any
				jurisdiction of an alcohol or drug-related driving offense.
E. convicted or conviction has the meaning
				given in NMSA 1978, Section
				66-8-102.
F. course or credit hour means fifty (50)
				minutes of instruction and ten (10) minutes of break time.
G. designee means a person authorized to
				perform certain specified duties on behalf of the Bureau.
H. distance learning course means a web-based
				driving safety course.
I. driving
				safety course or course means a course of instruction approved by the Bureau
				pursuant to NMSA 1978, Section
				66-10-11
				and includes distance learning courses.
J. driving safety school or school or
				licensee means a person licensed by the Bureau to offer driving safety
				courses.
K. driving safety
				instructor or instructor means a person certified by the Bureau as qualified
				and trained to conduct driving safety courses.
L. extension site means a location other than
				the main school site where a licensed driving safety school offers driving
				safety courses.
M. Implied Consent
				Act means NMSA 1978 Sections
				66-8-105
				through
				66-8-112.
N. limited history driving record means a
				driving record from the Motor Vehicle Division of the Taxation and Revenue
				Department that includes driver's license revocations pursuant to the Implied
				Consent Act.
O. license means the
				document issued by the Bureau authorizing a person to operate a driving safety
				school.
P. moral turpitude means
				behavior that gravely violates the accepted moral standards of the
				community.
Q. person means an
				individual, firm, partnership, association, corporation, or other legal
				entity.
R. proctored exam means an
				exam monitored by a person or by electronic or other means to ensure that the
				person taking the exam is the person who will get credit for passing the
				exam.
S. revocation or revoked
				means the involuntary permanent termination of a license or certificate by the
				Bureau for cause.
T. student means
				a person who has enrolled in a driving safety course.
U. suspended or suspension means the
				involuntary termination of a license or certificate by the Bureau for cause for
				a specified period of time.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 20 - TRAFFIC SAFETY › Part 8 - DRIVING SAFETY SCHOOLS › Section 18.20.8.8 - APPLICATION FOR DRIVING SAFETY SCHOOL LICENSE

Current through Register Vol. 35, No. 13, July 16, 2024
A. License required. No person may operate a
				driving safety school without first having obtained a license from the
				Bureau.
B. Application form. A
				person wishing to obtain a license to operate a driving safety school must file
				an application with the Bureau. A person may obtain an application by
				contacting the Bureau or accessing the Bureau's website at
http://www.nmshtd.state.nm.us
.
C. Contents of application. An application
				for a driving safety school license shall contain:
(1) the applicant's name, mailing address,
				telephone number, and, if the applicant has one, the applicant's e-mail
				address;
(2) a photocopy of the
				Certificate of Maximum Occupant Load issued by the state or local Fire Marshal
				stating the maximum occupancy allowed by the fire code for each room at the
				main school site and each extension site, if applicable, that will be used as a
				classroom;
(3) a list of all
				extension sites to be used for conducting driving safety courses;
(4) a list of all instructors who will
				conduct driving safety courses;
(5)
				a schedule of fees applicable to students who enroll in a driving safety
				course;
(6) the proposed
				curriculum, handouts, videos, and final examination questions for the driving
				safety course;
(7) the name,
				address, and telephone number of three (3) character and employment references
				who are not family members; and
(8)
				the applicant's resume or curriculum vitae.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 20 - TRAFFIC SAFETY › Part 8 - DRIVING SAFETY SCHOOLS › Section 18.20.8.9 - REVIEW BY THE BUREAU

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Standards for issuance of initial driving safety school license. In reviewing
				applications for driving safety schools, the Bureau shall consider whether:
(1) the information provided by the applicant
				is accurate and valid;
(2) the
				character and employment references provided by the applicant report that the
				applicant is fit to operate a driving safety school;
(3) the proposed driving safety school can
				certify that its facilities meet the accessibility requirements of the ADA;
				and
(4) the persons who will serve
				as driving safety instructors meet the requirements of this rule.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 20 - TRAFFIC SAFETY › Part 8 - DRIVING SAFETY SCHOOLS › Section 18.20.8.10 - TERM OF DRIVING SAFETY SCHOOL LICENSE

Current through Register Vol. 35, No. 13, July 16, 2024
A. Term. A license shall be valid until June
				30 of each year, unless suspended or revoked for cause before that date.
				Initial licenses shall be valid from the date of issuance to the next June 30.
				Renewal licenses shall be valid from July 1 of the year of renewal to June 30
				of the following year.
B. License
				renewal. A licensee must file an application for renewal of its license with
				the Bureau on or before June 1 of each year to ensure license renewal by July
				1. A licensee who files an application for renewal after June 1 shall pay a
				late fee of $25.00. The Bureau will review applications for renewal in the
				order in which they are received.
(1) The
				Bureau will renew a license for a period of one (1) year if:
(a) the Bureau or its designee finds that the
				driving safety school is in compliance with the requirements of this
				rule;
(b) the licensee has
				submitted all required reports to the Bureau; and
(c) the licensee pays the $400.00 annual
				license fee and, if applicable, the $35.00 extension site fee for each
				extension site and the $25.00 late fee if the application was filed after June
				1.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 20 - TRAFFIC SAFETY › Part 8 - DRIVING SAFETY SCHOOLS › Section 18.20.8.11 - CLASSROOM COURSE REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A licensee shall:
A.
				engage as driving safety instructors only those persons who have been certified
				by the Bureau. A licensee may not serve as an instructor unless the licensee
				has been certified by the Bureau as an instructor.
B. enroll no more than forty (40) students or
				the maximum occupancy allowed by the fire code, whichever is less, in a driving
				safety course.
C. not charge a
				student more than $150.00, including tax, for enrolling in a driving safety
				course.
D. display the license
				issued by the Bureau in an appropriate and visible location.
E. display the placard issued by the Fire
				Marshal stating the maximum occupancy of each classroom in an appropriate and
				visible location in the classroom.
F. use classroom facilities that:
(1) have adequate space, lighting, heating,
				and ventilation;
(2) have seats and
				stable writing surfaces for each student in the class;
(3) have a whiteboard, blackboard, or
				flipchart;
(4) have a monitor of
				sufficient size for all students to see, if videos are used; and
(5) comply with all federal, state, and local
				laws relating to persons with disabilities, public health, safety, and
				sanitation, including restroom facilities.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 20 - TRAFFIC SAFETY › Part 8 - DRIVING SAFETY SCHOOLS › Section 18.20.8.12 - SUSPENDED LICENSE COURSE

Current through Register Vol. 35, No. 13, July 16, 2024
This course is required only for students whose driver's
				  license has been suspended by the Motor Vehicle Division of the Taxation and
				  Revenue Department based on the point system. A licensee must obtain the prior
				  approval of the Bureau to conduct a suspended license driving safety course.
				  Such a course must meet all the requirements of
				  18.20.8.11
				  NMAC, except that a licensee shall provide at least eight (8) course hours of
				  instruction for each suspended license driving safety course.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 20 - TRAFFIC SAFETY › Part 8 - DRIVING SAFETY SCHOOLS › Section 18.20.8.13 - DISTANCE LEARNING COURSE REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A licensee offering distance-learning courses shall:
A. use only the curriculum, handouts, videos,
				and final exam questions approved by the Bureau.
B. provide six (6) or more hours of
				coursework, based on an average person completion time.
C. ask at least ten content questions
				randomly throughout each chapter or give a quiz with at least ten content
				questions at the end of each chapter. A student shall not be permitted to move
				on to the next chapter until the student successfully answers at least eight
				(8) out of ten (10) of the chapter content questions.
D. have a proctored final exam with a minimum
				of fifty (50) questions. A student must correctly answer at least thirty-five
				(35) questions to pass the final exam.
E. have a toll-free telephone number or
				e-mail help line available to students at all times and respond to students'
				questions within twenty-four (24) hours.
F. use completion certificates purchased from
				the Bureau at a cost of $1.00 per certificate.
G. specify at least one certified instructor
				to act as liaison with the Bureau.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 20 - TRAFFIC SAFETY › Part 8 - DRIVING SAFETY SCHOOLS › Section 18.20.8.14 - OPERATING REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A licensee:
A. shall
				adhere strictly to the requirements of this rule;
B. shall notify the Bureau at least thirty
				(30) days in advance if the driving safety school intends to cease
				operations;
C. shall make all
				driving safety school records available for inspection by the Bureau or its
				designee at any time; A licensee shall maintain its records in ink for a
				minimum of three (3) years for each student receiving instruction, including
				students who passed, failed, withdrew, cancelled, or transferred to another
				school.
D. shall, on a quarterly
				basis, provide the Bureau with a copy of the class roster for each driving
				safety course conducted which shall contain, at a minimum, the name of the
				instructor, and each student's name, date of birth, date of course completion,
				final exam test score, and completion certificate number.
E. shall have a written refund policy which
				must be issued to each student upon enrollment.
F. shall notify the Bureau of:
(1) any changes in address ten (10) days
				before opening for business at the new location;
(2) the addition or closing of extension
				sites within ten (10) days of their opening or closing; and
(3) the addition or deletion of instructors
				within ten (10) days of their hiring or leaving.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 20 - TRAFFIC SAFETY › Part 8 - DRIVING SAFETY SCHOOLS › Section 18.20.8.15 - EVALUATION OF DRIVING SAFETY SCHOOLS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Responsibility. The Bureau or its designee
				shall conduct periodic evaluations of driving safety schools using criteria
				developed by the Bureau. The Bureau shall prepare a written evaluation and
				shall provide a copy of the evaluation to the licensee upon request. The Bureau
				may in its discretion conduct evaluations of a driving safety school on its own
				initiative at any time and for any reason or in response to complaints from any
				person. The Bureau shall document, investigate, and discuss all complaints with
				the driving safety school.
B.
				Relevant factors. In conducting its evaluations, the Bureau shall consider:
(1) the number and nature of any comments or
				complaints received from students, instructors, judges, law enforcement
				officers, and others;
(2) whether
				the driving safety school consistently meets the requirements of this rule;
				and
(3) on-site quality assurance
				visits by the Bureau or its designee. On-site visits may address the adequacy
				of classroom facilities, instructors' traffic safety knowledge and teaching
				techniques, learning environment, quality of the curriculum, course materials,
				and examination questions, and customer service.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 20 - TRAFFIC SAFETY › Part 8 - DRIVING SAFETY SCHOOLS › Section 18.20.8.16 - INITIAL CERTIFICATION OF DRIVING SAFETY INSTRUCTORS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Certification required. No person or
				licensee may serve as a driving safety instructor without first having obtained
				a certificate from the Bureau.
B.
				Application requirements. A person wishing to obtain a certificate as a driving
				safety instructor must file an application with the Bureau. A person may obtain
				an application by contacting the Bureau or accessing the Bureau's website at
http://www.nmshtd.state.nm.us
.
C. Contents of application. The application
				must be accompanied by:
(1) a copy of the
				applicant's limited history driving record from the Motor Vehicle Division,
				Driver Services Bureau dated no earlier than sixty (60) days before the date
				the application is filed with the Bureau;
(2) a state police background check dated no
				earlier than sixty (60) days before the date the application is filed with the
				Bureau, or verification that the applicant submitted a request for a state
				police background check to the department of public safety at least sixty (60)
				days before the date the application is filed with the Bureau;
(3) a copy of the applicant's health
				certificate signed by a physician and dated no earlier than sixty (60) days
				before the date the application is filed with the Bureau stating that the
				applicant is free from all communicable diseases. Distance learning driving
				safety instructor applicants do not need to submit a health
				certificate.
(4) the name, address,
				and telephone number of three (3) character and employment references who are
				not family members; and
(5) the
				applicant's resume or curriculum vitae.
(6) transcripts from any post secondary
				educational or training institutions the applicant has attended.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 20 - TRAFFIC SAFETY › Part 8 - DRIVING SAFETY SCHOOLS › Section 18.20.8.17 - RECERTIFICATION OF DRIVING SAFETY INSTRUCTORS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Certificate renewal.
(1) A driving safety instructor must file an
				application for renewal of his or her certificate with the Bureau on or before
				June 1 each year to ensure certificate renewal by July 1. A driving safety
				instructor who files an application for renewal after June 1 shall pay a late
				fee of $25.00.
A person may obtain an application for renewal by contacting
				  the Bureau or accessing the Bureau's website at
http://www.nmshtd.state.nm.us
.
(2) The application for renewal
				shall be accompanied by the documents specified in paragraphs (1), (2), and (3)
				of subsection C of 18.20.8.16 NMAC.
(3) The Bureau will review applications for
				renewal in the order in which they are received.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 20 - TRAFFIC SAFETY › Part 8 - DRIVING SAFETY SCHOOLS › Section 18.20.8.18 - SUSPENSION OR REVOCATION OF A LICENSE OR CERTIFICATE

Current through Register Vol. 35, No. 13, July 16, 2024
A. Grounds. The Bureau may suspend or revoke
				the license or certificate of a licensee or driving safety instructor:
(1) who makes a false statement on an
				application;
(2) who fails to
				follow the approved curriculum;
(3)
				who poses an immediate danger to the physical or mental safety or health of a
				student;
(4) who is convicted of
				any alcohol or drug-related driving offense;
(5) who has refused to submit to or failed
				chemical tests pursuant to the Implied Consent Act;
(6) whose New Mexico driver's license is
				suspended or revoked;
(7) who fails
				to notify the Bureau in writing within ten days that his/her driver's license
				has been suspended or revoked as a result of a DWI conviction or refusal to
				submit to or failure of chemical tests pursuant to the Implied Consent Act, or
				that he/she been convicted in any jurisdiction of an alcohol or drug-related
				driving offense or an offense involving moral turpitude;
(8) whose conduct in the performance of
				official duties is unethical, including but not limited to, verbal abuse,
				intimidation, or sexual harassment of students;
(9) who fails to comply with any requirement
				of this rule or any lawful order of the Bureau;
(10) who becomes employed or remains employed
				by a driving safety school whose license has been revoked pursuant to this
				rule;
(11) who employs or continues
				to employ a driving safety instructor whose certificate has been revoked
				pursuant to this rule; or
(12) who
				fails to comply with any valid child support order or agreement pursuant to the
				Parental Responsibility Act, NMSA 1978, Sections
				40-5A-1 et
				seq. or any rule implementing that Act.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 20 - TRAFFIC SAFETY › Part 8 - DRIVING SAFETY SCHOOLS › Section 18.20.8.19 - IMMEDIATE SUSPENSION OF A LICENSE OR CERTIFICATE

Current through Register Vol. 35, No. 13, July 16, 2024
A. Grounds. The Bureau may immediately
				suspend the license of a driving safety school or the certificate of a driving
				safety instructor if the Bureau finds that the licensee or driving safety
				instructor poses an immediate danger to the physical or mental safety or health
				of a student.
B. Notice of
				immediate suspension. The Bureau shall commence proceedings to immediately
				suspend a license or certificate by issuing a written notice of immediate
				suspension to the licensee or driving safety instructor, which shall contain at
				least the following:
(1) the name and last
				known address of the licensee or driving safety instructor whose license or
				certificate the bureau is immediately suspending.
(2) a statement that the Bureau is
				immediately suspending the driving safety school's license or driving safety
				instructor's certificate for a period of thirty (30) days and the effective
				date of the immediate suspension.
(3) a general description of the facts
				alleging that the licensee or driving safety instructor poses an immediate
				danger to the physical or mental safety or health of a student that warrants
				immediate suspension. The description shall be in sufficient detail to apprise
				a person of ordinary intelligence of the nature of the violation.
(4) statement that the licensee or driving
				safety instructor has ten (10) days from the date of receipt of the notice of
				immediate suspension to request a hearing. The licensee or driving safety
				instructor may request a hearing by mailing, certified and return receipt
				requested, or hand-delivering a letter to the Bureau.
(5) the street and post office addresses of
				the Bureau where requests for a hearing may be made.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 20 - TRAFFIC SAFETY › Part 8 - DRIVING SAFETY SCHOOLS › Section 18.20.8.20 - EXEMPTION OR VARIANCE

Current through Register Vol. 35, No. 13, July 16, 2024
A. Any
				school may petition for an exemption or variance from any of the requirements
				of this rule. Such petition shall:
(1)
				identify the section of this rule for which the exemption or variance is
				requested;
(2) describe the
				situation which necessitates the exemption or variance;
(3) describe the effect of complying with
				this rule on the school and its customers, and on its competitors and their
				customers, if the exemption or variance is not granted;
(4) state how the exemption or variance will
				achieve the purposes of this rule and the Driving School Licensing Act;
				and
(5) state why the proposed
				alternative is in the public interest and is better than the requirement in the
				rule.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 20 - TRAFFIC SAFETY › Part 9 - DESIGNATION OF HIGHWAY ROUTES FOR TRANSPORT OF RADIOACTIVE MATERIALS › Section 18.20.9.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico State Highway and Transportation Department, Post
				  Office Box 1149, Santa Fe, New Mexico 87504-1149 (505)
				  827-0427.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 20 - TRAFFIC SAFETY › Part 9 - DESIGNATION OF HIGHWAY ROUTES FOR TRANSPORT OF RADIOACTIVE MATERIALS › Section 18.20.9.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
The rule covers specific designated Highway routes as
				  designated by the New Mexico State Highway Commission for the protection of the
				  general public in the transport of highway route controlled quantities of
				  radioactive materials" within the state of New Mexico to the Waste Isolation
				  Pilot Plant (WIPP) site near Carlsbad, New Mexico.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 20 - TRAFFIC SAFETY › Part 9 - DESIGNATION OF HIGHWAY ROUTES FOR TRANSPORT OF RADIOACTIVE MATERIALS › Section 18.20.9.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
NMSA 1978, Section
				  74-4A-1.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 20 - TRAFFIC SAFETY › Part 9 - DESIGNATION OF HIGHWAY ROUTES FOR TRANSPORT OF RADIOACTIVE MATERIALS › Section 18.20.9.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
April 30, 1999, unless a later date is cited at the end of a
				  section or paragraph.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 20 - TRAFFIC SAFETY › Part 9 - DESIGNATION OF HIGHWAY ROUTES FOR TRANSPORT OF RADIOACTIVE MATERIALS › Section 18.20.9.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of this rule is to comply with Federal
				  Government requirements that highway route controlled quantities of radioactive
				  materials," as defined in 49 C.F.R., Section 177.403, shall be transported over
				  designated routes within the state, primarily over Interstate System Highways
				  to the extent possible or over state designated preferred routes as an
				  alternative to, or in addition to, Interstate System.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 20 - TRAFFIC SAFETY › Part 9 - DESIGNATION OF HIGHWAY ROUTES FOR TRANSPORT OF RADIOACTIVE MATERIALS › Section 18.20.9.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
As used in this rule unless the context clearly indicates
				  otherwise:
A. "Interstate System
				Highways" means every state highway that is a part of a national system of
				interstate and defense highways established pursuant to Section 103(b), Title
				23, United States Code.
B. Waste
				Isolation Pilot Plant (WIPP)" means the underground repository located near
				Carlsbad,
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 20 - TRAFFIC SAFETY › Part 10 - NEW MEXICO'S MOTORCYCLE TRAINING PROGRAM › Section 18.20.10.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico State Highway and Transportation Department, Post
				  Office Box 1149, Santa Fe, New Mexico 87504-1149 (505)
				  827-0427.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 20 - TRAFFIC SAFETY › Part 10 - NEW MEXICO'S MOTORCYCLE TRAINING PROGRAM › Section 18.20.10.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
This rule is adopted pursuant to NMSA 1978, Sections
				  66-10-9
				  and
				  66-10-10.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 20 - TRAFFIC SAFETY › Part 10 - NEW MEXICO'S MOTORCYCLE TRAINING PROGRAM › Section 18.20.10.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
January 1, 1999, unless a later date is cited at the end of a
				  section or paragraph.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 20 - TRAFFIC SAFETY › Part 10 - NEW MEXICO'S MOTORCYCLE TRAINING PROGRAM › Section 18.20.10.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of this Rule is to:
A. Provide minimum and uniform standards and
				procedures for the operation of the New Mexico Motorcycle Training
				Program.
B. Provide minimum and
				uniform standards and procedures for the requirements to instruct for a New
				Mexico Motorcycle Training Program Course.
The objective of this rule is to comply with Federal
				  Government requirements that highway route controlled quantities of radioactive
				  materials," as defined in 49 C.F.R., Section 177.403, shall be transported over
				  designated routes within the state, primarily over Interstate System Highways
				  to the extent possible or over state designated preferred routes as an
				  alternative to, or in addition to, Interstate System Highways.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 20 - TRAFFIC SAFETY › Part 10 - NEW MEXICO'S MOTORCYCLE TRAINING PROGRAM › Section 18.20.10.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. "Bureau" means
				the Traffic Safety Bureau of the New Mexico State Highway and Transportation
				Department.
B. "Clean Driving
				Record" means a person does not have more than six points against his/her
				drivers license, has not had his/her license suspended or revoked, has never
				been convicted in any jurisdiction of an offense involving moral turpitude, has
				never been convicted in any jurisdiction of any alcohol or drug-related driving
				offense, and has not had a violation of the Implied Consent Act, as shown by a
				limited history driving record.
C.
				"Department" means the State Highway and Transportation Department.
D. "Designee" means a person or legal entity
				authorized by contract to perform certain duties on behalf of the
				Bureau.
E. "Person" means every
				natural person, firm, copartnership, association, corporation, or other legal
				entity.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 20 - TRAFFIC SAFETY › Part 10 - NEW MEXICO'S MOTORCYCLE TRAINING PROGRAM › Section 18.20.10.8 - MOTORCYCLE TRAINING PROGRAM REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A.Motorcycle training courses shall be
				provided by the Department or its designee.
B. Motorcycle training courses shall be
				offered in areas of the State as designated by the Bureau.
C. Motorcycle training courses shall include:
(1) Information on helmet use and
				effectiveness;
(2) Motorcycle
				accident and fatality statistics;
(3) Drug and Alcohol abuse information, laws,
				and statistics;
(4) Street and
				highway safe driving habits;
(5)
				Defensive driving; and
(6)
				Curriculum and standards approved by the Motorcycle Safety
				Foundation.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 20 - TRAFFIC SAFETY › Part 10 - NEW MEXICO'S MOTORCYCLE TRAINING PROGRAM › Section 18.20.10.9 - MOTORCYCLE TRAINING COURSE INSTRUCTOR REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. A minimum of twenty-one (21) years of
				age.
B. Have a clean driving
				record.
C. Have a valid motorcycle
				license/ endorsement.
D. Be
				certified by the Motorcycle Safety Foundation.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 20 - TRAFFIC SAFETY › Part 10 - NEW MEXICO'S MOTORCYCLE TRAINING PROGRAM › Section 18.20.10.10 - COURSE FEES

Current through Register Vol. 35, No. 13, July 16, 2024
All fees charged to the individuals who attend the Motorcycle
				  Training Courses shall be approved by the Bureau.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 20 - TRAFFIC SAFETY › Part 10 - NEW MEXICO'S MOTORCYCLE TRAINING PROGRAM › Section 18.20.10.11 - SEVERABILITY

Current through Register Vol. 35, No. 13, July 16, 2024
If any part of the application of this Rule is held invalid,
				  the remainder of its application to other situations or persons shall not be
				  affected.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 20 - TRAFFIC SAFETY › Part 11 - IGNITION INTERLOCK DEVICES › Section 18.20.11.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule applies to the usage of ignition interlock devices
				  in New Mexico pursuant to NMSA 1978 Sections
				  66-5-35
				  and
				  66-8-102
				  and to all manufacturers, service center operators, and installers of such
				  ignition interlock devices.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 20 - TRAFFIC SAFETY › Part 11 - IGNITION INTERLOCK DEVICES › Section 18.20.11.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
NMSA 1978 Sections
				  66-5-35
				  and
				  66-8-102.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 20 - TRAFFIC SAFETY › Part 11 - IGNITION INTERLOCK DEVICES › Section 18.20.11.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The purpose of this rule is to implement the ignition
				  interlock program mandated by NMSA 1978 Sections
				  66-5-35
				  and
				  66-8-102.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 20 - TRAFFIC SAFETY › Part 11 - IGNITION INTERLOCK DEVICES › Section 18.20.11.9 - RESPONSIBILITIES OF MANUFACTURERS

Current through Register Vol. 35, No. 13, July 16, 2024
A manufacturer shall:
A. develop written instructions for the
				installation, servicing, and removal of ignition interlock devices approved for
				use in New Mexico and supply those instructions to all service centers
				authorized by the manufacturer and licensed by the Bureau to install ignition
				interlock devices in New Mexico.
B.
				develop a user reference and problem-solving guide in English and Spanish which
				shall:
(1) include information on the location
				of service centers, servicing procedures, emergency procedures and a strong
				warning that the device detects non-compliance, circumvention, and
				tampering;
(2) provide written
				instructions on how to clean and care for the ignition interlock
				device;
(3) describe the type of
				vehicle malfunctions or repairs that might affect the ignition interlock device
				and inform a driver what to do when such repairs are necessary; and
(4) advise the driver that he or she may
				contact the Bureau at 1-800-541 -7952 if he or she has a complaint about the
				device or the service the driver receives from the service center
				operator.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 20 - TRAFFIC SAFETY › Part 11 - IGNITION INTERLOCK DEVICES › Section 18.20.11.10 - PERFORMANCE STANDARDS FOR IGNITION INTERLOCK DEVICES

Current through Register Vol. 35, No. 13, July 16, 2024
All ignition interlock devices must be based on
				  alcohol-specific electro-chemical fuel cell sensor technology and must meet the
				  National Highway Traffic Safety Administration specifications published in
				  Federal Register Volume 57, Number 67, pages 11772-11787, dated Tuesday, April
				  7, 1992 and the requirements of this rule. An ignition interlock device
				  shall:
A. detect a BAC of 0.025 grams
				of alcohol per 210 liters of breath, with an accuracy of plus or minus 0.005
				grams of alcohol per 210 liters of breath.
B. prevent the vehicle from starting
				ninety-five (95) percent of the time when it detects a BAC above 0.025 grams of
				alcohol per 210 liters of breath.
C. assure that the breath sample collected is
				essentially alveolar.
D. detect
				attempts to tamper with or circumvent the device.
E. not have any form of bypass device that
				would permit a driver to start a vehicle without taking an initial breath
				test.
F. be usable by a person of
				average intelligence with minimum inconvenience;
G. operate at all temperatures between
				-10° Fahrenheit and 110° Fahrenheit.
H. operate at all altitudes between 2500 feet
				and 13,000 feet.
I. not be
				significantly affected by humidity, dust, electromagnetic interference, or
				normal automobile vibration. The device shall meet the requirements of
				subsections A and B of this section when subjected to simple harmonic motion
				(vibrations) having an amplitude of:
(1)
				0.38mm (0.015 inches) applied initially at a frequency of 10 Hz and increased
				at a uniform rate to 30 Hz in 2 1/2 minutes, then decreased at a uniform rate
				to 10 Hz in 2 1/2 minutes; and
(2)
				0.19mm (0.0075 inches) applied initially at a frequency of 30 Hz and increased
				at a uniform rate to 60 Hz in 2 1/2 minutes, then decreased at a uniform rate
				to 30 Hz in 2 1/2 minutes.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 20 - TRAFFIC SAFETY › Part 11 - IGNITION INTERLOCK DEVICES › Section 18.20.11.11 - STANDARDS FOR DETECTING BREATH ALCOHOL CONCENTRATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. Initial breath test. An ignition interlock
				device shall:
(1) indicate by audible or
				visual means when a sufficient sample of breath has been collected.
(2) indicate the results of the breath test
				by the use of pass/fail signals and not by displaying a numerical BAC
				level.
(3) prevent a driver from
				starting a vehicle when:
(a) it detects a BAC
				of 0.025 or more grams of alcohol per 210 liters of breath.
(b) a driver fails to appear for a scheduled
				or violation service visit within the five day warning period.
(4) require a driver to wait five
				(5) minutes before attempting to start the vehicle a second or third time if
				the driver's BAC on the initial breath test exceeded 0.025 grams per 210 liters
				of breath.
(5) require a driver to
				wait thirty (30) minutes before attempting to start the vehicle a fourth or
				subsequent time if the driver's BAC on the second breath test exceeded 0.025
				grams per 210 liters of breath.
(6) allow a driver to start the vehicle for
				three (3) minutes after successful completion of an initial breath
				test.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 20 - TRAFFIC SAFETY › Part 11 - IGNITION INTERLOCK DEVICES › Section 18.20.11.12 - DATA RECORDING REQUIREMENTS FOR IGNITION INTERLOCK DEVICES

Current through Register Vol. 35, No. 13, July 16, 2024
A. An ignition
				interlock device shall record the following driving events:
(1) all attempts to circumvent the
				device;
(2) all attempts to tamper
				with the device;
(3) all attempt to
				start the vehicle without first taking an initial breath test;
(4) all attempts to continue driving the
				vehicle without taking a random retest;
(5) the date, time, BAC of the driver, and
				success or failure of each attempt to start the vehicle;
(6) the date, time, BAC of the driver, and
				success or failure of each random retest;
(7) the total number of events recorded by
				the data recorder since the last service visit; and
(8) the number of vehicle starts.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 20 - TRAFFIC SAFETY › Part 11 - IGNITION INTERLOCK DEVICES › Section 18.20.11.13 - LICENSING OF SERVICE CENTERS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				License required. No person may operate a service center without first having
				obtained a license from the Bureau in accordance with the requirements of this
				rule.
B. Application required. A
				person wishing to obtain a license to operate a service center must file an
				application with the Bureau. A person may obtain an application by contacting
				the Bureau or accessing the Bureau's website at
http://www.nmshtd.state.nm.us
. The
				application shall include:
(1) the applicant's
				name, address, telephone number, fax number and e-mail address.
(2) the name, address, and telephone of three
				(3) character and employment references who are not family members.
(3) a copy of the applicant's limited history
				driving record from the Motor Vehicle Division, Driver Services Bureau dated no
				earlier than sixty (60) days before the date the application is filed with the
				Bureau.
(4) a state police
				background check on the applicant dated no earlier than sixty (60) days before
				the date the application is filed with the Bureau, or verification that the
				applicant submitted a request for a state police background check to the
				Department of Public Safety at least sixty (60) days before the date the
				application is filed with the Bureau.
(5) the applicant's resume or curriculum
				vitae.
(6) a copy of the standard
				agreement between the service center and sentenced drivers regarding the
				device. The agreement may require the sentenced driver to notify the service
				center operator if:
(a) the vehicle in which
				the device is installed is sold, stolen, repossessed, damaged beyond repair,
				permanently moved out of the service center operator's territory, or impounded
				and not to be returned; or
(b) the
				sentenced driver becomes disabled or dies.
(7) a copy of the agreement between the
				manufacturer and the service center.
(8) a fee schedule setting forth the cost a
				sentenced driver will pay for:
(a)
				installation of the device;
(b)
				monthly leasing of the device;
(c)
				a thirty (30) or sixty (60) day scheduled service visit;
(d) a violation service visit; and
(e) removal of the device.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 20 - TRAFFIC SAFETY › Part 11 - IGNITION INTERLOCK DEVICES › Section 18.20.11.15 - INITIAL CERTIFICATION OF INSTALLERS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Certification required. No person or
				licensee may install or remove ignition interlock devices without first having
				obtained a certificate from the Bureau.
B. Application required. A person wishing to
				obtain a certificate as an installer must file an application with the Bureau.
				A person may obtain an application by contacting the Bureau or accessing the
				Bureau's website at
http://www.nmshtd.state.nm.us
. The
				application shall contain:
(1) the applicant's
				name, address, telephone number, fax number and e-mail address.
(2) the name, address, and telephone number
				of three (3) character and employment references who are not family
				members.
(3) the name and location
				of the service center employing or contracting with the applicant;
(4) a copy of the applicant's limited history
				driving record from the Motor Vehicle Division, Driver Services Bureau dated no
				earlier than sixty (60) days before the date the application is filed with the
				Bureau; and
(5) a state police
				background check on the applicant dated no earlier than sixty (60) days before
				the date the application is filed with the Bureau, or verification that the
				applicant submitted a request for a state police background check to the
				Department of Public Safety at least sixty (60) days before the date the
				application is filed with the Bureau.
(6) the applicant's resume or curriculum
				vitae.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 20 - TRAFFIC SAFETY › Part 11 - IGNITION INTERLOCK DEVICES › Section 18.20.11.16 - RECERTIFICATION OF INSTALLERS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Certificate renewal.
(1) An installer must
				file an application for renewal of his or her certificate with the Bureau on or
				before May 1 each year to ensure certificate renewal by July 1. An installer
				who files an application for renewal after May 1 shall pay a late fee of
				$25.00.
(2) A person may obtain an
				application for renewal by contacting the Bureau or accessing the Bureau's
				website at
http://www.nmshtd.state.nm.us
(3) The application shall be accompanied by:
(a) a copy of the installer's limited history
				driving record from the Motor Vehicle Division, Driver Services Bureau dated no
				earlier than sixty (60) days before the date the application if filed with the
				Bureau; and
(b) a state police
				background check on the installer dated no earlier than sixty (60) days before
				the date the application if filed with the Bureau, or verification that the
				applicant submitted a request for a state police background check to the
				Department of Public Safety at least sixty (60) days before the date the
				application if filed with the Bureau.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 20 - TRAFFIC SAFETY › Part 11 - IGNITION INTERLOCK DEVICES › Section 18.20.11.17 - RESPONSIBILITIES OF INSTALLERS

Current through Register Vol. 35, No. 13, July 16, 2024
An installer shall
A. provide expert or other required testimony
				in any civil or criminal proceedings regarding the installation, servicing, and
				removal of devices or the interpretation of recorded data.
B. reimburse the Bureau for any costs
				incurred if the installer requests the Bureau to provide testimony in any civil
				or criminal procedures involving the installation, servicing, and removal of an
				ignition interlock device.
C. not
				reveal any personal and medical information provided by drivers to any person
				other than the appropriate authorities or employees of the manufacturer or
				service center operator on an as-needed basis.
D. use only reference samples certified by an
				independent laboratory and approved by the Bureau to calibrate ignition
				interlock devices. If an installer uses wet bath reference samples to calibrate
				ignition interlock devices from a mobile service center, the installer shall:
(1) maintain the reference samples within the
				temperature limits specified by the manufacturer of the reference sample for
				accuracy of results; or
(2)
				pre-calibrate substitute devices at the fixed site service center and exchange
				them for the devices needing calibration at the mobile service
				center.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 20 - TRAFFIC SAFETY › Part 11 - IGNITION INTERLOCK DEVICES › Section 18.20.11.18 - INSTALLATION OF IGNITION INTERLOCK DEVICES

Current through Register Vol. 35, No. 13, July 16, 2024
A. An installer shall:
(1) not install an ignition interlock on a
				vehicle unless the sentenced driver is at the service center.
(2) ensure that no driver or other
				unauthorized person witnesses the installation or removal of an ignition
				interlock device.
(3) inspect all
				vehicles prior to installation to determine that mechanical and electrical
				parts of the vehicle affected by an ignition interlock device are in acceptable
				condition and not install a device unless and until the vehicle is in
				acceptable condition.
(4) follow a
				manufacturer's written instructions for the installation, servicing and removal
				of its ignition interlock devices.
(5) install the following physical
				anti-tampering measures:
(a) solder (hard
				wire) all connections between an ignition interlock device and a
				vehicle.
(b) place all connections
				between a device and a vehicle under the dash or in an inconspicuous area of
				the vehicle.
(c) cover with a
				unique and easily identifiable seal, epoxy, resin, wire, sheathing, or tape:
(i) any portion of an ignition interlock
				device that can be disconnected;
(ii) all wires used to install the device
				that are not inside a secured enclosure;
(iii) all exposed electrical
				connections.
(d) mark
				points likely to be accessed when attempting to tamper with the device, such as
				battery post terminals, wire to starter solenoid, wire to ignition, dash
				screws, etc.) with a special mark, seal, paint, epoxy, resin, or other material
				unless the device is capable of recording such attempts to tamper with
				it.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 20 - TRAFFIC SAFETY › Part 11 - IGNITION INTERLOCK DEVICES › Section 18.20.11.19 - DRIVER ORIENTATION AND SUPPORT

Current through Register Vol. 35, No. 13, July 16, 2024
A service center operator or service technician shall:
A. thoroughly train drivers on the proper use
				of the ignition interlock device.
B. provide a user reference and
				problem-solving guide in English or Spanish to drivers when a device is
				installed.
C. be available to
				answer all questions and handle any problems relating to the device, or repair
				or replace an inoperable or malfunctioning device, during all posted hours of
				operation.
D. provide a twenty-four
				(24) hour toll-free emergency telephone number to all drivers.
E. respond to all service inquiries within
				twenty-four (24) hours of the initial contact.
F. service, repair, or replace an ignition
				interlock device within forty-eight (48) hours of initial contact at a service
				center located within one hundred (100) miles or two (2) hours, whichever is
				less, of a sentenced driver's residence or place of business.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 20 - TRAFFIC SAFETY › Part 11 - IGNITION INTERLOCK DEVICES › Section 18.20.11.20 - SERVICING OF IGNITION INTERLOCK DEVICES

Current through Register Vol. 35, No. 13, July 16, 2024
A. A service center operator or service
				technician shall:
(1) service a device within
				thirty (30) days after the initial installation and every sixty (60) days
				thereafter, unless otherwise specified by court order.
(2) ensure that another device is substituted
				whenever an installer removes a device for any reason.
(3) calibrate every installed device at least
				every sixty (60) days.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 20 - TRAFFIC SAFETY › Part 11 - IGNITION INTERLOCK DEVICES › Section 18.20.11.21 - RECORDKEEPING AND REPORTING REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A manufacturer or service center operator:
A. shall maintain for a period of three (3)
				years and make available to the appropriate authorities upon request:
(1) records on every driver, including the
				results of every service visit;
(2)
				service, calibration, repair, and replacement records on each device installed;
				and
(3) records of all complaints
				received and corrective actions taken by the service center operator. The
				report shall be categorized by:
(a) customer
				error or operation.
(b) faulty
				automotive equipment.
(c) apparent
				misuse or attempt to tamper with or circumvent the device.
(d) device failure.