reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 20 - TRAFFIC SAFETY › Part 3 - DRIVER EDUCATION SCHOOLS › Section 18.20.3.15 - OPERATING REQUIREMENTS FOR PRIVATE DRIVER EDUCATION SCHOOLS

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 driver education school intends to cease
				operations;
C. shall make all
				driver education school records available for inspection and copying by the
				bureau or its designee at any time; a licensee shall maintain all hard copies
				and electronic versions of its records for a minimum of three (3) years for
				each student receiving instruction, including students who passed, failed,
				withdrew, cancelled, or transferred to another school; the records shall be
				updated for each course;
D. shall,
				at the time of enrollment and on a quarterly basis thereafter, provide the
				bureau with a student report for each driver education course conducted and
				completed during the quarter on a form prepared or approved by the
				bureau;
E. shall have a written
				refund policy and a written reschedule policy which must be issued to each
				student upon enrollment;
F. shall,
				upon request, provide each student with a form prepared by the bureau that
				allows the student or the student's parent to notify the bureau regarding a
				comment or concern about the school or an instructor;
G. shall provide each student upon enrollment
				with a copy of the graduated driver's license act, Sections
				66-5-5
				and
				66-5-8
				NMSA 1978 regarding the practice driving component requirement;
H. 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 3 - DRIVER EDUCATION SCHOOLS › Section 18.20.3.16 - EVALUATION OF PRIVATE DRIVER EDUCATION SCHOOLS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Responsibility. The bureau or its
				designee:
(1) shall conduct periodic
				evaluations of driver education 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 driver education 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 driver
				education school;
(2) may conduct
				on-site quality assurance visits; on-site visits may address the adequacy of
				classroom facilities, instructor's traffic safety knowledge and teaching
				techniques, learning environment, quality of the curriculum, class materials,
				examination questions and customer service.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 20 - TRAFFIC SAFETY › Part 3 - DRIVER EDUCATION SCHOOLS › Section 18.20.3.17 - CERTIFICATION OF MID SCHOOL, JUNIOR HIGH SCHOOL AND HIGH SCHOOL DRIVER EDUCATION INSTRUCTORS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Certification required. No teacher may serve as a driver education instructor
				in [a school] an educational institution without first having obtained a
				certificate from the bureau. The bureau may in its discretion temporarily waive
				this requirement upon request of the educational institution principal or
				superintendent, contingent on the teacher attending a driver education
				instructor training course offered by the bureau within twelve (12) months of
				the date of the waiver. A teacher certified pursuant to this section shall not
				be certified to teach driver education in a private driver education school
				unless the teacher obtains instructor certification pursuant to 18.20.3.18
				NMAC.
B. Application requirements.
				A mid school, junior high school or high school teacher wishing to obtain
				approval from the bureau to teach driver education at an educational
				institution shall file an application with the bureau. A person may obtain an
				application by contacting the bureau at 1-800-541 -7952 or accessing the
				bureau's website at
http://www.nmshtd.state.nm.us
and
				clicking on "traffic safety".
C.
				Contents of application. The application shall be accompanied by:
(1) the name of the teacher;
(2) a copy of the teacher's state board of
				education teaching license or waiver to teach pending licensure or if a private
				educational institution, a statement from the institution's principal stating
				that the teacher is qualified to teach;
(3) a copy of the teacher's limited history
				driving record from the motor vehicle division, driver services bureau dated no
				earlier than sixty (60) days before the date the letter is filed with the
				bureau;
(4) the date the teacher
				will attend the bureau's driver education instructor training course;
				and
(5) the name of the school at
				which the teacher will be providing driver education instruction.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 20 - TRAFFIC SAFETY › Part 3 - DRIVER EDUCATION SCHOOLS › Section 18.20.3.18 - CERTIFICATION OF PRIVATE DRIVER EDUCATION INSTRUCTORS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Certification required. No person or
				licensee may serve as a driver education instructor without first having
				obtained a certificate from the bureau.
B. Application requirements. A person wishing
				to obtain a certificate as a driver education instructor shall file an
				application with the bureau. A person may obtain an application by contacting
				the bureau at 1-800-541 -7952 or accessing the bureau's website at
http://www.nmshtd.state.nm.us
and
				clicking on "traffic safety".
C.
				Contents of application. The application shall be accompanied by:
(1) a copy of the applicant's limited history
				driving record from the motor vehicle division, driver services bureau or its
				equivalent from any state in which the applicant has resided in the past ten
				(10) years dated no earlier than sixty (60) days before the date the
				application is filed with the bureau;
(2) a state police background check from any
				state in which the applicant has held a driver's license in the past ten (10)
				years dated no earlier than sixty (60) days before the date the application is
				filed with the bureau, or verification that the applicant submitted a request
				for a state police background check to the department of public safety or its
				equivalent at least sixty (60) days before the date the application is filed
				with the bureau;
(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; if the
				applicant will provide behind-the-wheel training, the health certificate must
				also state that the applicant is free of any ailment, disease, or physical
				defect that causes momentary or prolonged lapses of consciousness or control,
				which is or may become chronic, and that the applicant is not suffering from a
				physical or mental disability or disease that prevents reasonable and ordinary
				control over a motor vehicle or that could impair the applicant's ability to
				drive safely or instruct student drivers; correspondence school instructor
				applicants do not need to submit a health certificate;
(4) a copy of a teaching certificate from the
				New Mexico public education department, a copy of a diploma or official
				transcript evidencing a bachelor's degree from an accredited college or
				university, or a resume with verifiable employment history showing a minimum of
				three (3) years of full-time experience in driver training or a related
				field;
(5) the name, address, and
				telephone number of three (3) character and employment references who are not
				family members;
(6) the applicant's
				resume or related work history; and
(7) the name of the school at which the
				instructor will be providing driver education instruction.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 20 - TRAFFIC SAFETY › Part 3 - DRIVER EDUCATION SCHOOLS › Section 18.20.3.19 - RECERTIFICATION OF PRIVATE DRIVER EDUCATION INSTRUCTORS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Certificate renewal.
(1) A driver education instructor shall 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 driver
				education instructor who files an application for renewal after June 1 shall
				pay a late fee of $25.00.
(2) A
				person may obtain an application for renewal by contacting the bureau at
				1-800-541 -7952 or accessing the bureau's website at
http://www.nmshtd.state.nm.us
and clicking on "traffic safety".
(3) The application for renewal shall be
				accompanied by the documents specified in Subsection C of 18.20.3.18 NMAC,
				except for the documents specified in Paragraphs (5) and (6) of Subsection C of
				18.20.3.18 NMAC.
(4) The bureau
				shall review applications for renewal in the order in which they are received.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 20 - TRAFFIC SAFETY › Part 3 - DRIVER EDUCATION SCHOOLS › Section 18.20.3.20 - 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 driver education 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 (10) days that the licensee or
				instructor's 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 the licensee or instructor has 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 driver education school whose license has been revoked pursuant to this
				rule;
(11) who employs or continues
				to employ a driver education instructor whose certificate has been revoked
				pursuant to this rule; or
(12)
				whose name appears on the human services department (HSD) listing for failure
				to comply with any valid child support order or agreement pursuant to the
				Parental Responsibility Act, Sections
				40-5A-1 et
				seq. NMSA 1978 or any rule implementing that act.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 20 - TRAFFIC SAFETY › Part 3 - DRIVER EDUCATION SCHOOLS › Section 18.20.3.21 - EXEMPTION OR VARIANCE

Current through Register Vol. 35, No. 13, July 16, 2024
A. Any
				school may petition in writing 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 or is better than the requirement in the rule.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 20 - TRAFFIC SAFETY › Part 4 - SNOW-REMOVAL VEHICLE LIGHTING › Section 18.20.4.1 - 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 4 - SNOW-REMOVAL VEHICLE LIGHTING › Section 18.20.4.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
July 1, 1998, unless a later date is cited at the end of a
				  section or paragraph.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 20 - TRAFFIC SAFETY › Part 4 - SNOW-REMOVAL VEHICLE LIGHTING › Section 18.20.4.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
To provide adequate lighting for snow-removal equipment
				  engaged in hazardous operations on or alongside the roadway in order to protect
				  workers and equipment and to warn the driving public of the presence of the
				  snow-removal equipment.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 20 - TRAFFIC SAFETY › Part 4 - SNOW-REMOVAL VEHICLE LIGHTING › Section 18.20.4.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. DOT System 101A
				Emergency Lighting means a lighting system comprised of two controllers, two
				rear-mounted strobe lights and two front-mounted strobe lights, all with a
				minimum of 1,000,000 candle power.
B. DOT System 104A Emergency Lighting means a
				lighting system comprised of one controller and two rear-mounted strobe lights,
				with a minimum of 1,000,000 candlepower.
C. Strobe Light means a 1,000,000 candle
				power (28 joules) strobe beacon, with a self contained power supply, AAMVA
				certified as SAE class 1, to include HI/OFF/Lo switch. Where practical, the
				light shall be mounted on the highest point of the vehicle.
D. A High-Hazard, High-Volume Roadway means
				any roadway which accident data has shown to be particularly dangerous due to
				volume of traffic, weather conditions or road configuration. Each authority
				having jurisdiction shall determine which roadways warrant this special
				designation.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 20 - TRAFFIC SAFETY › Part 4 - SNOW-REMOVAL VEHICLE LIGHTING › Section 18.20.4.8 - REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Nothing in this
				rule prohibits use of state-of-the-art lighting systems, as they are developed,
				which provide equivalent or better protection to that specified
				herein.
B. .Any vehicle or
				equipment which is used to remove snow from a roadway, including those used as
				backups, shall be equipped with a minimum of the DOT System 104A and 1 Strobe
				light. If the equipment is used to remove snow from high-hazard, high-volume
				roadways, a DOT System 101A is required in lieu of the DOT System
				104A.
C. Dump trucks used for snow
				removal have the following additional requirements:
(1) A deflector shield shall be placed on the
				front of each truck to deflect snow away from the cab and strobe lights in
				order to keep the lights visible from the front and reduce the reflection
				effect on the operator.
(2) Salt
				spreaders mounted on dump trucks shall have a:
(a) strobe light mounted on the top
				rear.
(b) minimum 4-inch auxiliary
				spotlight on the lower left rear with the beam directed towards the road
				surface.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 20 - TRAFFIC SAFETY › Part 5 - REMOVAL OF ENCROACHMENTS, OBSTRUCTIONS, ABANDONED MOTOR VEHICLES, AND FOR RESTRICTION OF VENDING › Section 18.20.5.1 - 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)
				  827-5526.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 20 - TRAFFIC SAFETY › Part 5 - REMOVAL OF ENCROACHMENTS, OBSTRUCTIONS, ABANDONED MOTOR VEHICLES, AND FOR RESTRICTION OF VENDING › Section 18.20.5.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
All state agencies and general public.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 20 - TRAFFIC SAFETY › Part 5 - REMOVAL OF ENCROACHMENTS, OBSTRUCTIONS, ABANDONED MOTOR VEHICLES, AND FOR RESTRICTION OF VENDING › Section 18.20.5.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
This rule is adopted pursuant to NMSA 1978 Sections
				  66-1-1,
				  67-3-1,
				  67-7-1,
				  67-8-1,
				  67-12-1,
				  67-13-1.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 20 - TRAFFIC SAFETY › Part 5 - REMOVAL OF ENCROACHMENTS, OBSTRUCTIONS, ABANDONED MOTOR VEHICLES, AND FOR RESTRICTION OF VENDING › Section 18.20.5.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
December 31, 1998, unless a later date is cited at the end of
				  a section or paragraph.
Compiler's note: The words or paragraph, above, are no
					 longer applicable. Later dates are now cited only at the end of sections, in
					 the history notes appearing in
					 brackets.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 20 - TRAFFIC SAFETY › Part 5 - REMOVAL OF ENCROACHMENTS, OBSTRUCTIONS, ABANDONED MOTOR VEHICLES, AND FOR RESTRICTION OF VENDING › Section 18.20.5.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
A. The main purpose
				of a highway system is to provide a safe and efficient means of movement for
				people and goods. In order to provide for such safe and efficient operation, it
				is necessary that certain regulations be established to control the use of the
				highway right-of-way consistent with the needs and rights of both the traveling
				public and property owners adjacent to the highway right-of-way.
B. The highway right-of-way is to be
				preserved for highway purposes except that certain temporary or permanent
				occupancies. Use of highway right-of-way for non-highway purposes may be
				permitted on the basis that such use and occupancy is in the public interest
				and does not result in impairment of the highway or operational interference
				with the health, safety and public welfare of road users. All other occupancies
				and uses of state highways for non-highway purposes are prohibited.
C. The Department recognizes that any rule
				which is adopted may create some unforeseen burdens, hardships or problems and
				for that reason reserves the right to vary the provisions of the following
				rule, in harmony, however, with the general purposes and intent of the rule
				where, in the exercise of sound and reasonable judgment, literal application of
				such rule would defeat the objectives hereinafter set forth.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 20 - TRAFFIC SAFETY › Part 5 - REMOVAL OF ENCROACHMENTS, OBSTRUCTIONS, ABANDONED MOTOR VEHICLES, AND FOR RESTRICTION OF VENDING › Section 18.20.5.8 - PERMITTED ENCROACHMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
All encroachment under this Section are subject to review by
				  the Department:
A. Overhanging Signs.
				In urban established business districts where the front of the building is the
				highway right-of-way line.
(1) Sign overhang
				must be a minimum of one foot behind the back of the curb.
(2) Sign must have a minimum vertical
				clearance of twelve (12) feet from the top of the curb.
(3) Sign must be wholly supported from the
				building or wholly supported by a suitable structure positioned entirely
				outside of the highway right-of-way.
(4) The minimum vertical clearance of twelve
				(12) feet will be adhered to unless there is a city ordinance in which the
				encroachment exists which would require more vertical clearance in which case
				the city ordinance will prevail.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 20 - TRAFFIC SAFETY › Part 5 - REMOVAL OF ENCROACHMENTS, OBSTRUCTIONS, ABANDONED MOTOR VEHICLES, AND FOR RESTRICTION OF VENDING › Section 18.20.5.9 - PROHIBITED ENCROACHMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				There shall be no encroachment allowed which may interfere with traffic control
				devices or traffic signs. This includes not only protruding signs but neon
				lights of such a color that they would make the traffic control device not
				immediately and easily noticeable.
B. No encroachments shall be permitted to
				remain on highway right-of-way, which poses a danger to the health, safety, or
				welfare of the motoring public, or which interfere with the operations of the
				Department.
C. No encroachments
				shall be permitted to remain on highway right-of-way, which are not in
				substantial compliance with the requirements of Section 8 [now 18.20.5.8
				NMAC].
D. Vending: See Section 10
				[now 18.20.5.10 NMAC below].
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 20 - TRAFFIC SAFETY › Part 5 - REMOVAL OF ENCROACHMENTS, OBSTRUCTIONS, ABANDONED MOTOR VEHICLES, AND FOR RESTRICTION OF VENDING › Section 18.20.5.10 - VENDING

Current through Register Vol. 35, No. 13, July 16, 2024
A. No vending from
				or on highway right-of-way shall be permitted.
B. There shall be no vending-type business so
				close to the highway right-of-way that automobiles or persons would be serviced
				while on the highway right-of-way.
C. Concession booths or roadside stands,
				whether or not in operation, shall not be permitted to remain on highway
				right-of-way. These structures shall be treated as encroachments, hazardous
				obstructions or non-hazardous obstructions, as the circumstances
				warrant.
D. Excepted from these
				prohibitions are any vending-type businesses established with prior Department
				approval on highway right-of-way by an federal, state or public agency,
				organization or entity for the purpose of providing a service to the
				public.
E. A representative of the
				Department shall advise the owner, operator or other person in charge of the
				vending operation that the vending is not permitted in the highway right-of-way
				and must cease immediately. If the vending does not cease immediately, the
				Department representative may file a complaint of criminal trespass (NMSA 1978,
				Section
				30-14-1 ) with
				the law enforcement authority having jurisdiction.
F. If the vending consists of the
				advertisement for sale of a motor vehicle, a representative of the Department
				will contact the nearest law enforcement officer and request enforcement of
				(NMSA 1978 as amended) Sections
				66-3-126
				and
				66-3-127
				as provided therein.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 20 - TRAFFIC SAFETY › Part 5 - REMOVAL OF ENCROACHMENTS, OBSTRUCTIONS, ABANDONED MOTOR VEHICLES, AND FOR RESTRICTION OF VENDING › Section 18.20.5.11 - PROCEDURE FOR REMOVAL OF PROHIBITED ENCROACHMENTS AND NON-HAZARDOUS OBSTRUCTIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. An
				unlawful encroachment or non-hazardous obstruction shall be identified by the
				Department with reasonable particularity, and ownership shall be determined, if
				possible.
B. A written notice shall
				be sent by certified/return receipt mail to the apparent owner at his last
				known address. If ownership cannot be ascertained, or no address for the owner
				can be found after diligent search, a copy of such notice shall instead be
				posted in a conspicuous place on the encroachment or non-hazardous obstruction.
				This notice shall contain the following information:
(1) A description of the encroachment or
				non-hazardous obstruction sufficient to identify it;
(2) Notification that the encroachment or
				non-hazardous obstruction is in violation of 18 NMAC 20.5 [now 18.20.5
				NMAC];
(3) That the encroachment or
				non-hazardous obstruction must be removed within ten (10) days by the owner at
				his expense;
(4) That if the
				encroachment or non-hazardous obstruction remains after ten (10) days, the
				Department will remove it and bill the owner for the actual costs incurred in
				its removal;
(5) That the owner has
				a right to a hearing before the District Engineer or his designee(s) on whether
				or not the encroachment or non-hazardous obstruction must be removed;
(6) That the owner himself has the
				responsibility to request this hearing by mailing a written Request for Hearing
				to the District Engineer within ten (10) days of service of the first written
				notification or he will be deemed to have waived his right to a
				hearing.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 20 - TRAFFIC SAFETY › Part 5 - REMOVAL OF ENCROACHMENTS, OBSTRUCTIONS, ABANDONED MOTOR VEHICLES, AND FOR RESTRICTION OF VENDING › Section 18.20.5.12 - OBSTRUCTION AND ENCROACHMENTS REVIEW BOARD

Current through Register Vol. 35, No. 13, July 16, 2024
A. There shall be an Obstruction and
				Encroachment Review Board established in each Highway District in New Mexico.
				Said Board shall be composed of three (3) persons: the District Engineer or his
				designee; the District Traffic Engineer or his designee; the District
				Construction Engineer or his designee; when issues regarding construction or
				operations of roadway segments.
B.
				There shall be an Obstruction and Encroachment Review Board established in each
				Highway District in New Mexico. Said Board shall be composed of three (3)
				persons: the District Engineer or his designee; the Right of Way Division
				Director or his designee; the Project Development Engineer; when issues
				regarding encroachments during the design/project development stages
				occur.
C. Upon receipt of a timely
				Request for Hearing from an owner who has received a notice to remove his
				encroachment or non-hazardous obstruction, the District Engineer or his
				designee shall assign a hearing date no later than thirty (30) days for the
				date of the request and send notification, in writing, to the owner, the
				members of the Board and the Department's General Counsel of the time, place an
				date of the hearing, the nature of the matter to be heard, and the authority of
				the Board.
D. The proceedings
				before the Board shall be in conformance with the Administrative Procedures
				Act, Section
				12-8-1, et
				seq., N.M.S.A. 1978. The findings of the Board shall be by a preponderance of
				the evidence.
E. The determination
				to be made by the Board shall be as follows: Encroachments: A determination as
				to whether or not an encroachment upon highway right-of-way in fact exists;
(1) If an encroachment exists, whether or not
				it falls within one of the permitted encroachments identified in Section 8 of
				this rule [now 18.20.5.8 NMAC];
(2)
				If the encroachment is not a permitted type, whether or not it poses a danger
				to the health, safety or welfare of the motoring public, interferes with the
				operations of the Department, or is otherwise not in conformance with 18 NMAC
				20.5 [now 18.20.5 NMAC];
(3) If the
				encroachment is to be permitted to remain, whether it shall be dealt with by
				means of an encroachment agreement or by means of a sale to the owner of the
				parcel upon which the encroachment rests; and
(4) If the encroachment must be removed, a
				reasonable time for the accomplishment of this removal by the owner before the
				Department may proceed to remove the offending encroachment at the owners
				expense.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 20 - TRAFFIC SAFETY › Part 5 - REMOVAL OF ENCROACHMENTS, OBSTRUCTIONS, ABANDONED MOTOR VEHICLES, AND FOR RESTRICTION OF VENDING › Section 18.20.5.13 - HAZARDOUS OBSTRUCTIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. A
				hazardous obstruction may summarily be removed from the highway right-of-way
				without notice to the owner, if any, thereof.
B. The determination of whether or not an
				obstruction is hazardous shall be made by the District Engineer or his designee
				in the District in which the obstruction is situated, who shall employ sound
				highway engineering practices in making this determination.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 20 - TRAFFIC SAFETY › Part 5 - REMOVAL OF ENCROACHMENTS, OBSTRUCTIONS, ABANDONED MOTOR VEHICLES, AND FOR RESTRICTION OF VENDING › Section 18.20.5.14 - REFUSE

Current through Register Vol. 35, No. 13, July 16, 2024
Refuse may be summarily removed from the highway
				  right-of-way.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 20 - TRAFFIC SAFETY › Part 5 - REMOVAL OF ENCROACHMENTS, OBSTRUCTIONS, ABANDONED MOTOR VEHICLES, AND FOR RESTRICTION OF VENDING › Section 18.20.5.15 - SIGNS AND POLITICAL POSTERS

Current through Register Vol. 35, No. 13, July 16, 2024
Signs and political posters are not allowed on highway
				  right-of-way and may be summarily removed from the highway right-of-way without
				  notice to the owner, if any, thereof.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 20 - TRAFFIC SAFETY › Part 5 - REMOVAL OF ENCROACHMENTS, OBSTRUCTIONS, ABANDONED MOTOR VEHICLES, AND FOR RESTRICTION OF VENDING › Section 18.20.5.16 - MOTOR VEHICLES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Traffic
				Hazard Motor Vehicles. Such vehicles may be summarily removed from the highway
				right-of-way by the New Mexico State Police upon verbal notification by the
				District Engineer or his designee(s), followed thereafter by written
				notification as soon as possible.
B. Non-Hazard Motor Vehicles.
(1) Without Plates: Such vehicles may be
				summarily removed from the highway right-of-way by the New Mexico State Police,
				as provided by law, upon written notification by the District Engineer or his
				designee(s).
(2) With Plates: Such
				motor vehicles may be removed by the New Mexico State Police after the
				following procedure have been utilized. The Department will cause to be posted
				upon any such vehicle a written notice containing the following information:
(a) A description of the non-hazard motor
				vehicle sufficient to identify it;
(b) Notification that the non-hazard motor
				vehicle is parked in violation of 18 NMAC 20.5 [now 18.20.5 NMAC];
(c) Advising the owner within four (4) days
				of the notice that the non-hazard vehicle must either be removed at his
				expense; and
(d) Any vehicle, which
				remains in the right-of-way after the dates provided in this subsection will be
				summarily, removed by the New Mexico State Police, as provided by law, upon
				written notification by the District Engineer or his designee(s).
(e) Wrecked Vehicles. Such vehicles may be
				summarily removed from the highway right-of-way by the New Mexico State Police,
				as provided by law, upon written notification by the District
				Engineer.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 20 - TRAFFIC SAFETY › Part 5 - REMOVAL OF ENCROACHMENTS, OBSTRUCTIONS, ABANDONED MOTOR VEHICLES, AND FOR RESTRICTION OF VENDING › Section 18.20.5.17

Current through Register Vol. 35, No. 13, July 16, 2024
If any county, city or other local governmental authority
				  has concurrent jurisdiction over any matter covered in this rule and such
				  authority has adopted more restrictive requirements, conditions, or procedures,
				  those requirements, conditions or procedures shall apply. Nothing in this rule
				  shall be construed to limit the right of local governmental authorities to
				  regulate these matters as authorized by law.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 20 - TRAFFIC SAFETY › Part 6 - COMMUNITY DWI PREVENTION PROGRAM › Section 18.20.6.1 - 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 6 - COMMUNITY DWI PREVENTION PROGRAM › Section 18.20.6.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
This rule is adopted pursuant to NMSA 1978, Sections
				  31-12-7
				  and
				  31-12-9.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 20 - TRAFFIC SAFETY › Part 6 - COMMUNITY DWI PREVENTION PROGRAM › Section 18.20.6.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
July 1, 1998, unless a later date is cited at the end of a
				  section or paragraph.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 20 - TRAFFIC SAFETY › Part 6 - COMMUNITY DWI PREVENTION PROGRAM › Section 18.20.6.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The purpose of this rule is to establish procedures for
				  implementation of NMSA 1978, Section
				  31-12-9.
				  This includes providing procedures for local governments to submit applications
				  to the Traffic Safety Bureau for funding of Driving While Impaired (DWI)
				  Prevention projects, minimum requirements for those applications and the basis
				  by which funds will be distributed.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 20 - TRAFFIC SAFETY › Part 6 - COMMUNITY DWI PREVENTION PROGRAM › Section 18.20.6.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Community -- any
				municipality or county government or any combination thereof whose governing
				bodies mutually agree to jointly submit an application.
B. Comprehensive Community DWI Prevention
				Program -- a program that reflects an integrated approach to the community's
				alcohol related traffic safety problems, incorporates multiple approaches to
				these problems over a sustained period of time and ensures that public and
				private entities work in concert to address these problems.
C. DWI Prevention Project -- an activity that
				has a clear and measurable effect on the Driving While Impaired (DWI) problems
				in the community.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 20 - TRAFFIC SAFETY › Part 6 - COMMUNITY DWI PREVENTION PROGRAM › Section 18.20.6.8 - COMPREHENSIVE COMMUNITY DWI PREVENTION PROGRAM

Current through Register Vol. 35, No. 13, July 16, 2024
Any community may apply for funding of a DWI Prevention
				  Project provided that:
A. The
				community establish a task force of community representatives that will prepare
				a comprehensive community DWI prevention plan that addresses the issues
				outlined in paragraph 3 of this section. This task force must adequately
				represent the following disciplines
(1) law
				enforcement;
(2) community traffic
				safety groups;
(3) local health
				department office;
(4)
				courts;
(5) prosecution;
(6) schools;
(7) media;
(8) emergency medical services; and
(9) other interested parties.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 20 - TRAFFIC SAFETY › Part 6 - COMMUNITY DWI PREVENTION PROGRAM › Section 18.20.6.9 - APPLICATION PROCESS

Current through Register Vol. 35, No. 13, July 16, 2024
A. All
				applications must be received by the Traffic Safety Bureau by June 1st of each
				year. However multi-year applications may be submitted but funding will only be
				authorized for the projects scheduled to be implemented during the first year.
				The out year projects will be authorized on a year to year basis.
B. Project periods shall fun from July 1 or
				the date of Traffic Safety Bureau approval whichever is later to the following
				June 30.
C. All funding shall be on
				a reimbursable basis. The expenses for the approved program shall be paid by
				the applicant. These expenditures shall be reimbursed to the applicant from the
				DWI Prevention Fund upon submission form the applicant of an invoice, plus
				proof of payment from the applicant to the person/company supplying the service
				or equipment.
D. Indirect costs or
				overhead shall not be eligible for reimbursement.
E. All applicants shall be submitted on forms
				or in a format provided by the Traffic Safety Bureau. Other information may be
				requested by the Bureau and must be submitted upon request.
F. All records and receipts shall be made
				available to the Traffic Safety Bureau for audit purposes and shall be kept for
				a period of three years following the end of the grant period.
G. Failure to submit a timely application in
				the format required by this regulation shall nullify the application. Funds not
				applied for by the deadlines specified shall be redistributed to other eligible
				applicants. Any exceptions shall be made only by prior written approval from
				the Traffic Safety Bureau Chief.
H.
				All applicants must include a line item budget and an implementation schedule
				of when the project tasks will commence and end.
I. All applicants must be approved by the
				governing body of the community or communities for which the plan is
				submitted.
J. All procedures
				required by the Traffic Safety Bureau in its Community DWI Prevention Program
				Accounting Manual must be followed.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 20 - TRAFFIC SAFETY › Part 6 - COMMUNITY DWI PREVENTION PROGRAM › Section 18.20.6.10 - REPORTING REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Communities shall submit quarterly reports no later than October 31, January
				31, April 31, and a final report no later than August 31 of each year which
				describes, in detail, progress on activities funded through this
				program.
B. Communities shall
				submit reimbursement requests at least quarterly, or monthly if they so choose,
				including appropriate expenditure documentation.
C. The final report shall describe, in
				detail, activities supported and outcome of efforts.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 20 - TRAFFIC SAFETY › Part 6 - COMMUNITY DWI PREVENTION PROGRAM › Section 18.20.6.11 - FUNDING FORMULA

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Distribution of funds shall be made in proportion to the amount of fees
				collected by the courts and the law enforcement agencies initiating the arrest
				in the communities as provided by NMSA 1978, Sections
				31-12-7
				and
				31-12-9.
B. Communities shall be notified by the
				Traffic Safety Bureau of the amount of funding they are eligible to receive
				each year.
C. Any unexpended
				balance remaining at the expiration of a community's approved project shall
				revert to the Traffic Safety Bureau for redistribution.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 20 - TRAFFIC SAFETY › Part 7 - MEMORIAL SIGN PROGRAM › Section 18.20.7.1 - 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)
				  827-0410.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 20 - TRAFFIC SAFETY › Part 7 - MEMORIAL SIGN PROGRAM › Section 18.20.7.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
This rule is adopted pursuant to NMSA 1978, Section
				  66-7-102
				  and
				  66-7-506.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 20 - TRAFFIC SAFETY › Part 7 - MEMORIAL SIGN PROGRAM › Section 18.20.7.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of this rule is to provide minimum and uniform
				  standards and procedures for the application and installation of D.W.I.
				  Memorial Signs and to promote traffic safety concerning impaired
				  drivers.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 20 - TRAFFIC SAFETY › Part 7 - MEMORIAL SIGN PROGRAM › Section 18.20.7.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. "Authorized sign
				manufacturer" means a sign manufacturer that meets the Department's
				specifications for sign fabrication and is on the Department's purchasing
				list.
B. "Department" means the New
				Mexico State Highway & Transportation Department.
C. "District Memorial Sign Coordinator" (also
				known as "District Coordinator") means a person who is not a Department
				employee and who serves as a facilitator of the program (one per
				district).
D. "District Patrol" (
				also known as "Patrol") means an area within a State Highway District
				comprising a crew of State Highway and Transportation Department employees
				whose responsibility is to provide routine maintenance to State Highways and
				State Highway Facilities within the patrol area boundary.
E. "District Traffic Engineer" means an
				Engineer employed by the Department working at one of the six Highway District
				Offices, responsible for traffic operations.
F. "Division" means, the Transportation
				Programs Division of the New Mexico State Highway and Transportation
				Department.
G. "D.W.I" means
				driving while impaired by drugs or alcohol.
H. "Highway district office" means the
				District Office having jurisdiction over the proposed or actual location of a
				memorial sign.
I. "Sponsor" means
				an individual(s) making application for a Memorial sign, who is responsible for
				completing the application and paying for the sign from an authorized sign
				manufacturer.
J. "State Highway
				System" means, for the purpose of this program, all roads the Department has
				total maintenance responsibility for (US and NM routes), excluding the
				Interstate Highway System.
K.
				"Victim" means someone killed in an alcohol involved crash, excluding any
				driver who was under the influence of any alcohol or drugs.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 20 - TRAFFIC SAFETY › Part 7 - MEMORIAL SIGN PROGRAM › Section 18.20.7.8 - MEMORIAL SIGN PROGRAM

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Families and friends of victims of alcohol-related crashes have indicated a
				strong interest in some type of signing which would publicly memorialize these
				victim(s). The Department does not presently have a program to meet this need,
				but has embraced the idea of a "Memorial Sign Program for Victims of
				Alcohol-Related Crashes" both as a means of lending emotional support to the
				victim's family, and furthering the Department's efforts to combat drinking and
				driving.
B. The Department has
				established an alcohol-related crash victim Memorial Sign Program. Upon request
				by the family or friends of a victim of a fatal alcohol-related crash within
				the state's jurisdiction or New Mexicans who died in an alcohol related crash
				anywhere, and when certain other requirements are met, a sign can be installed
				on the State Highway System (exclusive of the Interstate System).
C. The Department will make the determination
				for the location of all Memorial Signs based on safety considerations and
				regulations. Each Patrol within a District has agreed to install two signs. All
				state highways, except the Interstate System, are eligible for signing under
				this program. The Department has no jurisdiction on county roads or city
				streets, and thus cannot install signs along those roadway systems.
D. The sign blank material shall be 0.125"
				thick aluminum 30" x 48", white SEG background with black vinyl lettering of
				specified size, spacing, and separation. A sign 30" x 48" can accommodate up to
				a maximum of three names. The standard sign features the words "Please Don't
				Drink and Drive" "In memory of (victim's name(s)).
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 20 - TRAFFIC SAFETY › Part 7 - MEMORIAL SIGN PROGRAM › Section 18.20.7.9 - PROCEDURES

Current through Register Vol. 35, No. 13, July 16, 2024
A. If necessary the
				Sponsor may request a "Memorial Sign Program" application from the Division,
				the District Coordinator, or other Department designee. This application will
				enable the District Coordinator to: contact the Sponsor, explain essential
				aspects of the program, verify eligibility, and secure written agreement from
				the Sponsor to abide by Department provisions and procedures.
B. The application must contain the following
				information:
(1) Name, address and day-time
				telephone number of the Sponsor.
(2) Eligibility criteria: a. verification of
				alcohol involvement through a copy of the police crash report. Indication of
				alcohol involvement as the cause or contributing cause to the crash by the
				investigating officer as recorded on the police crash report shall be
				considered sufficient evidence for the purpose of this program. b. verification
				that the person for whom the Memorial Sign is intended was a victim, as defined
				herein.
(3) The application will
				contain a signature line for the Sponsor to verify his/her willingness to abide
				by the conditions set forth therein and to hold the Department harmless of any
				liability.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 20 - TRAFFIC SAFETY › Part 7 - MEMORIAL SIGN PROGRAM › Section 18.20.7.10 - PROCEDURES FOR VERIFICATION

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				The Division will keep an appropriate data base of all applications,
				installation dates and locations.
B. The Division will provide information and
				materials on the Memorial Sign Program to all District Coordinators and
				District Traffic Engineers.
C. The
				Division will be a liaison between the District Coordinators, District Traffic
				Engineers, and Sign manufacturers. Semi-annual reports verifying and updating
				information will be generated and made available by the Division.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 20 - TRAFFIC SAFETY › Part 8 - DRIVING SAFETY SCHOOLS › Section 18.20.8.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule applies to all persons seeking to operate driving
				  safety schools, or serve as instructors for driving safety courses offered, in
				  New Mexico.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 20 - TRAFFIC SAFETY › Part 8 - DRIVING SAFETY SCHOOLS › Section 18.20.8.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
NMSA 1978, Sections
				  66-10-1
				  through
				  66-10-12.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 20 - TRAFFIC SAFETY › Part 8 - DRIVING SAFETY SCHOOLS › Section 18.20.8.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The purpose of this rule is to provide minimum and uniform
				  standards for the issuance, renewal, and revocation of driving safety school
				  licenses and driving safety instructor certificates and to establish
				  requirements for the operation of driving safety schools.