reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 20 - TRAFFIC SAFETY › Part 11 - IGNITION INTERLOCK DEVICES › Section 18.20.11.22 - REMOVAL OF IGNITION INTERLOCK DEVICES

Current through Register Vol. 35, No. 13, July 16, 2024
A. An installer shall remove an ignition
				interlock device, permanently reconnect all severed wires and insulate them
				with heat shrink tubing or its equivalent, and otherwise return a vehicle to
				normal operating condition:
(1) for devices
				installed pursuant to NMSA 1978 Section
				66-8-102:
(a) upon expiration of the term specified in
				the judgment and sentence;
(b) one
				year from the date of installation if the judgment and sentence does not
				specify a term; or
(c) upon lawful
				order of the court.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 20 - TRAFFIC SAFETY › Part 11 - IGNITION INTERLOCK DEVICES › Section 18.20.11.23 - RESPONSIBILITIES OF THE BUREAU

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				Bureau shall establish and maintain a list of ignition interlock devices
				approved for use in New Mexico by manufacturer and model or class.
B. The Bureau or its designee shall have the
				right to periodically evaluate:
(1) the
				technical competency and reliability of installers;
(2) service centers, service center
				operators, and service technicians;
(3) the installation, servicing, and removal
				of ignition interlock devices; and
(4) a manufacturer's training of
				installers.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 20 - TRAFFIC SAFETY › Part 11 - IGNITION INTERLOCK DEVICES › Section 18.20.11.24 - SUSPENSION OR REVOCATION OF APPROVAL OF AN IGNITION INTERLOCK DEVICE

Current through Register Vol. 35, No. 13, July 16, 2024
A. The Bureau may
				suspend or revoke its approval of an ignition interlock device if:
(1) the Bureau has evidence of repeated
				device failure due to gross defects in design, materials, or
				manufacture.
(2) the manufacturer's
				product liability insurance or surety bond has been cancelled or
				terminated.
(3) the manufacturer
				has failed to abide by its plan to provide service within forty-eight (48)
				hours at a service center located within one hundred (100) miles or two (2)
				hours, whichever is less, of a driver's residence or place of
				business.
(4) the manufacturer
				requests the Bureau to remove a device from the list of approved
				devices.
(5) the Bureau finds that
				the device does not meet the requirements of this rule.
(6) the Bureau has reasonable cause to
				believe the device was inaccurately represented to meet the requirements of
				this rule.
(7) the manufacturer has
				failed to reimburse the Bureau for costs incurred in providing testimony
				requested by the manufacturer in a civil or criminal proceeding involving the
				approval or use of an ignition interlock device.
(8) the Bureau determines that changes in
				ignition interlock device technology are such that continued approval of the
				device would not be in the best interests of New Mexico.
(9) the manufacturer fails to pay all
				required fees for the interlock device ("indigency") fund to the New Mexico
				Department of Finance and Administration.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 20 - TRAFFIC SAFETY › Part 11 - IGNITION INTERLOCK DEVICES › Section 18.20.11.25 - SUSPENSION OR REVOCATION OF A SERVICE CENTER LICENSE OR AN INSTALLER CERTIFICATE

Current through Register Vol. 35, No. 13, July 16, 2024
A. Service
				center license. The Bureau may suspend or revoke the license of a service
				center operator if:
(1) the service center
				operator's garagemen's liability insurance or surety bond has been cancelled or
				terminated.
(2) the service center
				operator has failed to reimburse the Bureau for costs incurred in providing
				testimony requested by the service center operator in a civil or criminal
				proceeding involving the installation, servicing, or removal of an ignition
				interlock device.
(3) the service
				center operator has failed to pay all required fees for the interlock device
				("indigency") fund to the New Mexico Department of Finance and
				Administration.
(4) the Bureau
				finds that the service center operator has not complied with the requirements
				of this rule.
(5) the service
				center operator has permitted an installer to install a device that is not on
				the list of Bureau-approved devices.
(6) the service center operator has permitted
				a person who is not a Bureau-certified installer to install or remove a
				device.
(7) the service center
				operator has permitted any person other than a service technician to service a
				device.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 20 - TRAFFIC SAFETY › Part 11 - IGNITION INTERLOCK DEVICES › Section 18.20.11.26 - EXEMPTION OR VARIANCE

Current through Register Vol. 35, No. 13, July 16, 2024
A. From
				the requirements of paragraph 9 of subsection B of 18.20.11.8 NMAC.
				Manufacturers required to provide service in New Mexico Highway District 4 or 6
				pursuant to paragraph 9 of subsection B of 18.20.11.8 NMAC may negotiate with
				each other to develop a plan for jointly providing service to those districts.
				The Bureau will consider approving a plan that does not require each
				manufacturer to provide service to the whole of highway district 4 or 6 if the
				plan provides for a fixed site in any city in the district with a population of
				ten thousand (10,000) or more and provides adequate coverage to the rest of the
				district. The Bureau may require a new plan if one or more manufacturers who is
				a party to the plan ceases to do business in New Mexico and reserves the right
				to require coverage of highway district 4 or 6 from each manufacturer
				authorized to operate in highway district 3 or 5 if the Bureau determines that
				district 4 or 6 is not being adequately covered. Manufacturers requesting
				highway districts 3 and 4 or 5 and 6 shall file such a negotiated plan for
				highway districts 4 or 6 within thirty (30) days of Bureau approval of the
				manufacturers device and territory.
B. From the requirements of any other
				provision of this rule.
(1) Any manufacturer,
				service center operator, or installer may petition for an exemption or variance
				from any of the requirements of this rule. Such petition shall:
(a) identify the section of this rule for
				which the exemption or variance is requested;
(b) describe the situation which necessitates
				the exemption or variance;
(c)
				describe the effect of complying with this rule on the manufacturer, service
				center operator, or installer and its customers, and on its competitors and
				their customers, if the exemption or variance is not granted;
(d) state how the exemption or variance will
				achieve the purposes of this rule and NMSA 1978 Sections
				66-5-35
				and
				66-8-102;
				and
(e) 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 21 - TRAFFIC CONTROL SIGNAGE › Part 2 - TEMPORARY CLOSING OF STATE HIGHWAYS FOR SPECIAL PUBLIC EVENTS OR CIVIC FUNCTIONS › Section 18.21.2.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico State Highway and Transportation Department
P. O. Box 1149 Santa Fe, New Mexico 87504-1149 (505)
				  827-5525.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 21 - TRAFFIC CONTROL SIGNAGE › Part 2 - TEMPORARY CLOSING OF STATE HIGHWAYS FOR SPECIAL PUBLIC EVENTS OR CIVIC FUNCTIONS › Section 18.21.2.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
This rule is adopted pursuant to NMSA 1978 Sections
				  66-3-702;
				  66-7-7;
				  66-7-320;
				  66-7-321;
				  66-7-339;
				  66-7-363;
				  66-8-115;
				  66-9-8;
				  67-3-14;
				  and
				  67-3-40.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 21 - TRAFFIC CONTROL SIGNAGE › Part 2 - TEMPORARY CLOSING OF STATE HIGHWAYS FOR SPECIAL PUBLIC EVENTS OR CIVIC FUNCTIONS › Section 18.21.2.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
October 31, 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 21 - TRAFFIC CONTROL SIGNAGE › Part 2 - TEMPORARY CLOSING OF STATE HIGHWAYS FOR SPECIAL PUBLIC EVENTS OR CIVIC FUNCTIONS › Section 18.21.2.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The purpose of this rule is to prohibit the temporary closing
				  of state highways unless prior approval of said closing is obtained as provided
				  herein. This rule sets forth the requirements for obtaining this approval for
				  the temporary closing of all or a portion of a state highway in order to
				  conduct thereon a special public event or civic function, including but not
				  limited to, a bicycle, foot, or vehicle race, use of a highway by snowmobiles
				  (where it is in accordance with the law), horses, motorized bicycles, etc.,
				  parade or celebration, and to minimize the inconvenience to the traveling
				  public caused by the occurrence of such events on state
				  highways.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 21 - TRAFFIC CONTROL SIGNAGE › Part 2 - TEMPORARY CLOSING OF STATE HIGHWAYS FOR SPECIAL PUBLIC EVENTS OR CIVIC FUNCTIONS › Section 18.21.2.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. "Temporary
				closing of a highway" means any shutting off blocking, re-routing, or other
				restrictions of the normal use of a state highway.
B. "Sponsor" means the governmental entity,
				association or other organization requesting the temporary closing.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 21 - TRAFFIC CONTROL SIGNAGE › Part 2 - TEMPORARY CLOSING OF STATE HIGHWAYS FOR SPECIAL PUBLIC EVENTS OR CIVIC FUNCTIONS › Section 18.21.2.8 - APPLICABILITY

Current through Register Vol. 35, No. 13, July 16, 2024
This rule is applicable to allow temporary closings only for
				  public events or civic functions.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 21 - TRAFFIC CONTROL SIGNAGE › Part 2 - TEMPORARY CLOSING OF STATE HIGHWAYS FOR SPECIAL PUBLIC EVENTS OR CIVIC FUNCTIONS › Section 18.21.2.9 - PROCEDURE

Current through Register Vol. 35, No. 13, July 16, 2024
A. Application by
				Sponsor: The sponsor of an activity described herein, shall, at least 30 days
				prior to the event, make written application to the Secretary of the Department
				on an application form to be obtained at any District Office or at the State
				Maintenance Bureau at the General Office. The Department will normally require
				at least thirty (30) days to review the application and consult with the
				sponsors, where necessary, prior to any decision making.
B. Review of Application: The Secretary of
				the Department or his designee shall review the application and, when
				necessary, coordinate with the New State Police Uniformed Bureau Commander and
				the local authorities within whose jurisdiction the event is to take
				place.
C. Notice of action taken by
				the Department: The Secretary of the Department or his designee shall inform
				the sponsor in writing of the action taken on the notice, including all
				conditions imposed if approval is granted. Such conditions include without
				limitations:
(1) The requirement that the
				sponsor make adequate provisions for traffic control (i.e., law enforcement,
				traffic control devices and/or signing).
(2) The requirement that the sponsor and/or
				the participants in the special event or civic function execute releases of
				liability, indemnity and hold harmless agreements and also submit proof of
				insurance coverage for any liability arising out of the special event or civic
				function, in forms satisfactory to the Department.
(3) The requirement that the sponsor
				participate in preparation and execution of an agreement between the sponsor,
				the Department, local government authorities and state or local police for the
				establishment, signing and marking of appropriate detours and alternative
				routes jointly affecting state and local road systems.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 21 - TRAFFIC CONTROL SIGNAGE › Part 3 - REQUIREMENTS FOR SIGNS ON GAS, FOOD, LODGING, CAMPING AND ATTRACTION, TRAVELER INFORMATION SIGNS › Section 18.21.3.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico Department of Transportation Post Office Box 1149
				  Santa Fe, New Mexico 87504-1149 (505) 827-0714.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 21 - TRAFFIC CONTROL SIGNAGE › Part 3 - REQUIREMENTS FOR SIGNS ON GAS, FOOD, LODGING, CAMPING AND ATTRACTION, TRAVELER INFORMATION SIGNS › Section 18.21.3.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule covers specific service signing to provide the
				  traveler with business identification and directional information for essential
				  motorist services for the general public.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 21 - TRAFFIC CONTROL SIGNAGE › Part 3 - REQUIREMENTS FOR SIGNS ON GAS, FOOD, LODGING, CAMPING AND ATTRACTION, TRAVELER INFORMATION SIGNS › Section 18.21.3.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Regulations for signs giving specific information in the interest of the
				traveling public are authorized under Sections
				66-7-101,
				Most current adopted edition of the manual on uniform traffic control devices
				or latest approved edition;
				66-7-102,
				67-3-16,
				67-12-4,
				67- 12-5 and
				67-14-1
				NMSA 1978 et seq.
B. All rules and
				regulations set forth herein are subject to revision by the New Mexico
				department of transportation with the approval of the New Mexico state
				transportation commission.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 21 - TRAFFIC CONTROL SIGNAGE › Part 3 - REQUIREMENTS FOR SIGNS ON GAS, FOOD, LODGING, CAMPING AND ATTRACTION, TRAVELER INFORMATION SIGNS › Section 18.21.3.4 - DURATION

Current through Register Vol. 35, No. 13, July 16, 2024
Permanent.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 21 - TRAFFIC CONTROL SIGNAGE › Part 3 - REQUIREMENTS FOR SIGNS ON GAS, FOOD, LODGING, CAMPING AND ATTRACTION, TRAVELER INFORMATION SIGNS › Section 18.21.3.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
September 30, 1998, unless a later date is cited at the end
				  of a section.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 21 - TRAFFIC CONTROL SIGNAGE › Part 3 - REQUIREMENTS FOR SIGNS ON GAS, FOOD, LODGING, CAMPING AND ATTRACTION, TRAVELER INFORMATION SIGNS › Section 18.21.3.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of these regulations is to establish standards
				  for signs, displays and devices related to specific service signs (LOGOS
				  signs), giving specific information in the interest of the traveling public, to
				  be erected within the rights-of-way of the interstate highway system and other
				  controlled access roadways.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 21 - TRAFFIC CONTROL SIGNAGE › Part 3 - REQUIREMENTS FOR SIGNS ON GAS, FOOD, LODGING, CAMPING AND ATTRACTION, TRAVELER INFORMATION SIGNS › Section 18.21.3.8 - RESPONSIBILITY

Current through Register Vol. 35, No. 13, July 16, 2024
It shall be the responsibility of each division and section
				  within the department to carry out their pertinent functions relating to
				  programming, design and contracting for each project concerning the traveler
				  informational signing program. The traffic services section shall handle all
				  phases of the business sign portion of a project. All actions shall be in
				  conformity with regulations promulgated by the department and with the
				  federal-aid highway program manual, volume 6, chapter 8, section
				  3.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 21 - TRAFFIC CONTROL SIGNAGE › Part 3 - REQUIREMENTS FOR SIGNS ON GAS, FOOD, LODGING, CAMPING AND ATTRACTION, TRAVELER INFORMATION SIGNS › Section 18.21.3.9 - LOCATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. The use of
				specific service signs should be limited to areas primarily rural in character
				or to areas where adequate sign spacing can be maintained.
B. Limitation of specific information panels
				and individual business signs:
(1) Where
				there are sufficient qualified applicants, a separate specific information
				panel shall be erected for each type of traveler service. The GAS, FOOD,
				LODGING, CAMPING and ATTRACTION specific information panels shall carry no more
				than six individual business signs each.
(2) Combination motorist information signs
				may be used at an interchange at the discretion of the department or
				contractor.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 21 - TRAFFIC CONTROL SIGNAGE › Part 3 - REQUIREMENTS FOR SIGNS ON GAS, FOOD, LODGING, CAMPING AND ATTRACTION, TRAVELER INFORMATION SIGNS › Section 18.21.3.10 - CRITERIA TO DETERMINE SPECIFIC INFORMATION PERMITTED

Current through Register Vol. 35, No. 13, July 16, 2024
A. Location of service establishments from
				interchange: The maximum distance that the "ATTRACTION", "GAS", "FOOD",
				"LODGING" or "CAMPING" services can be located from the main traveled way to
				qualify for a business sign shall not exceed 3 miles in either direction. If
				within that 3-mile limit one or more of the service types considered is not
				available, continue in 3-mile increments of consideration up to 15-mile
				maximum, if necessary, to find an available service of the type being
				considered. Services beyond the 15-mile limit do not qualify for
				signing.
B. Types of services
				permitted: Subsequent to the date of this rule, the types of services permitted
				shall be limited to "gas", "food", "lodging", "camping" and "attraction".
				Requirements to qualify for display on a specific information panel are as
				follows:
(1) "gas" and associated services to
				qualify for erection on a panel shall include:
(a) vehicle services such as fuel, oil and
				water;
(b) continuous operation at
				least 16 hours per day, 7 days per week for freeways and expressways, and
				continuous operation at least 12 hours per day, 7 days per week for
				conventional roads;
(c) modern
				sanitary facilities;
(d) public
				telephone;
(e) drinking
				water.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 21 - TRAFFIC CONTROL SIGNAGE › Part 3 - REQUIREMENTS FOR SIGNS ON GAS, FOOD, LODGING, CAMPING AND ATTRACTION, TRAVELER INFORMATION SIGNS › Section 18.21.3.12 - SIZE

Current through Register Vol. 35, No. 13, July 16, 2024
A. Business signs:
(1) The business signs displayed on the
				information panel shall be contained within a 48-inch wide and 36-inch high
				rectangular background area, including border.
(2) The existing business signs measuring
				60-inch by 36-inch on "FOOD," "LODGING" and "CAMPING" specific information
				panels shall be replaced, at the logo client's expense, with 48-inch wide by
				36-inch high business signs. New 48 inch wide by 36 inch high business signs
				must be provided by the participating business as new specific information
				panels are being installed or existing specific information panels are being
				overlayed or refurbished.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 21 - TRAFFIC CONTROL SIGNAGE › Part 3 - REQUIREMENTS FOR SIGNS ON GAS, FOOD, LODGING, CAMPING AND ATTRACTION, TRAVELER INFORMATION SIGNS › Section 18.21.3.13 - COLOR AND RETROREFLECTORIZATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. Specific information panel: The
				background, border, and all legend shall consist of type III, or greater,
				retroreflective sign sheeting. The type of service, "GAS," "FOOD", "LODGING",
				"CAMPING" or "ATTRACTION" along with the exit number messages shall be white
				retroreflectorized 10-inch capital letters. The type of service shall be left
				justified and the "EXIT" and number shall be right justified. There shall be no
				hyphen between the type of service and the word "EXIT."
B. Business signs: The business sign color
				shall be a white message on a blue background, except that colors consistent
				with customary use should be used with nationally, regionally or locally known
				symbols or trademarks. The principal legend on the business sign shall be
				reflectorized and at least 10 inches in height, whether upper or lower case
				alphabet is used; however, where the symbol or trademark is used alone for the
				business sign, any legend on the symbol or trademark shall be in proportion to
				the size thereof, consistent with customary use. The business signs shall have
				a white border except that when symbols or trademarks are used the border may
				be omitted. The background, border, and all legend shall consist of type III,
				or greater, retroreflective sign sheeting.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 21 - TRAFFIC CONTROL SIGNAGE › Part 3 - REQUIREMENTS FOR SIGNS ON GAS, FOOD, LODGING, CAMPING AND ATTRACTION, TRAVELER INFORMATION SIGNS › Section 18.21.3.14 - TRANSVERSE LOCATION OF SIGNS AND OF SIGN SUPPORTS

Current through Register Vol. 35, No. 13, July 16, 2024
Specific information panels: The specific information panels
				  shall be located outside of the clear zone, but in a location where they are
				  readable from the traveled ways. Consideration should be given to the natural
				  terrain in the placement of the panels.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 21 - TRAFFIC CONTROL SIGNAGE › Part 3 - REQUIREMENTS FOR SIGNS ON GAS, FOOD, LODGING, CAMPING AND ATTRACTION, TRAVELER INFORMATION SIGNS › Section 18.21.3.15 - PROCEDURES TO BE FOLLOWED BY THE DEPARTMENT

Current through Register Vol. 35, No. 13, July 16, 2024
A. Eligibility of funds: Federal funds may be
				eligible to participate in the cost and erection of these panels in the same
				manner that such funds are eligible for other highway signs to the national
				highway system, except that federal funds are not eligible to participate in
				the cost of procuring and installing the business signs.
B. Programming, project authorization and
				other actions: The procedures for obtaining approval for programming, project
				authorizations and other actions for federal projects including these panels
				shall follow the same procedures in use for other national highway system
				projects. If the department desires to erect these panels on the interstate
				highway system or other controlled access routes on the national highway system
				without federal fund participation, it shall provide a design consistent with
				standards in the MUTCD and standards herein. No panels shall be approved which
				do not conform to the requirements of these standards. Programming of a
				traveler informational panel project shall be at the discretion of the
				department and/or, when applicable, the program manager/contractor.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 21 - TRAFFIC CONTROL SIGNAGE › Part 3 - REQUIREMENTS FOR SIGNS ON GAS, FOOD, LODGING, CAMPING AND ATTRACTION, TRAVELER INFORMATION SIGNS › Section 18.21.3.16 - ELIGIBILITY

Current through Register Vol. 35, No. 13, July 16, 2024
A. Intended
				primarily for rural interchanges: Traveler information panels shall be erected
				and maintained at rural interchanges whether a business is or is not visible to
				the traveling public from the highway and at suburban or urban interchanges
				where spacing allows.
B. Types of
				services and criteria: Types of services and criteria are set forth in
				Subsection B of 18.21.3.10 NMAC.
C.
				Conformity with civil rights laws: The owner or responsible operator of a
				qualified traveler business must give written assurance of its conformity with
				all applicable laws concerning the provisions of public accommodations without
				regard to race, religion, sex, handicap or national origin.
D. Mileage limits - who may apply. (See
				Subsection A of 18.21.3.10 NMAC)
E.
				Rules applicable to business signs:
(1) The
				owner or responsible operator of the business must file an application for
				placement of its business sign on all traveler informational panels erected at
				the interchange on which it is eligible for such placement, and if it is not
				visible from the exit ramp, on any supplemental directional panel on the exit
				ramp or at its terminus, on a form specified by the department or when
				applicable, the program manager/contractor.
(2) The applicant must also agree to furnish
				the necessary number of its business signs to be affixed to the traveler
				informational panels.
(3) The
				applicant must also acknowledge that the permit is revocable for his failure to
				comply with those requirements of Subsection J of 18.21.3.16 NMAC of this
				section; that revocation under this paragraph forfeits applicant's paid rental
				and permit fees, there being no allowance for a pro rata refund for the
				remainder of the year.
(4) The
				applicant expressly agrees to waive all claims against the department and when
				applicable, its contractor, including claims for damage to its business signs
				by the department's or contractor installation, maintenance removal and
				replacement as required in Subsection B of 18.21.3.18 NMAC. Applicant further
				agrees to indemnify the department and when applicable, the contractor and save
				them harmless from all claims arising out of the erection, maintenance and
				existence of applicant's business and logo signs within department's right of
				way. Such claims to be indemnified include, but are not limited to, damages
				caused as a result of relying upon the representations made by the business and
				logo signs to the detriment of the traveling public.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 21 - TRAFFIC CONTROL SIGNAGE › Part 3 - REQUIREMENTS FOR SIGNS ON GAS, FOOD, LODGING, CAMPING AND ATTRACTION, TRAVELER INFORMATION SIGNS › Section 18.21.3.17 - APPLICATION AND APPEAL PROCEDURES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Application procedures:
(1) Upon selection of a particular
				interchange, individually or as part of a selected segment of the Interstate or
				access controlled national highway system, for erection of traveler
				informational panels for one or more types of qualified traveler service
				businesses, the department or when applicable the program manager may secure
				applications from owners or responsible operators of eligible businesses for
				placement of their business signs on such panels.
(2) The department or when applicable the
				program manager shall issue permits to each eligible applicant, up to the
				maximum number permissible.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 21 - TRAFFIC CONTROL SIGNAGE › Part 3 - REQUIREMENTS FOR SIGNS ON GAS, FOOD, LODGING, CAMPING AND ATTRACTION, TRAVELER INFORMATION SIGNS › Section 18.21.3.20 - MISCELLANEOUS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The department
				or when applicable the program manager shall adopt all necessary forms,
				accounting methods and other necessary procedures to carry out the full intent
				of these regulations.
B. These
				regulations shall be effective on the day they are filed with the New Mexico
				records and archives center, and any regulation heretofore affecting the
				subject matter hereof is hereby superseded.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 21 - TRAFFIC CONTROL SIGNAGE › Part 4 - TOURIST ORIENTED DIRECTIONAL SIGNS (TODS) › Section 18.21.4.1 - 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)
				  827-5525
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 21 - TRAFFIC CONTROL SIGNAGE › Part 4 - TOURIST ORIENTED DIRECTIONAL SIGNS (TODS) › Section 18.21.4.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Regulations for signs giving specific information in the
				  interest of the traveling public are authorized under Sections
				  66-7-101,
				  66-7-102,
				  66-7-108,
				  67-8-9,
				  67-8-10,
				  67-12-4,
				  67-12-5,
				  and
				  67-14-1 et
				  seq., NMSA 1978 Comp., Section 2-I of the Manual on Uniform Traffic Control
				  Devices; and approved by the New Mexico State Highway Commission on October 15,
				  1992. All rules and regulations set forth herein are subject to revision by the
				  New Mexico State Highway and Transportation Department with the approval of the
				  New Mexico Highway Commission.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 21 - TRAFFIC CONTROL SIGNAGE › Part 4 - TOURIST ORIENTED DIRECTIONAL SIGNS (TODS) › Section 18.21.4.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
December 31, 1998, unless another date is cited at the end of
				  a section or paragraph.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 21 - TRAFFIC CONTROL SIGNAGE › Part 4 - TOURIST ORIENTED DIRECTIONAL SIGNS (TODS) › Section 18.21.4.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
Tourist Oriented Directional Signs (TODS) provide the
				  business identification and directional information for businesses (including
				  seasonal agricultural products), services, and activities the major portion of
				  whose income or visitors are derived during the normal business season from
				  motorists not residing in the immediate area of the business or activity. They
				  are intended for use only on rural conventional roads and shall not be used at
				  interchanges, expressways, freeways or all roadways with any form of access
				  control. They may be used in conjunction with motorist service signs. If
				  tourist oriented directional signs (TODS) and specific service (LOGO) signs
				  (SHTD Rule 88-2(L) are installed at the same intersection, the LOGO signs shall
				  be incorporated in the TODS signing scheme.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 21 - TRAFFIC CONTROL SIGNAGE › Part 4 - TOURIST ORIENTED DIRECTIONAL SIGNS (TODS) › Section 18.21.4.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. "Business Sign"
				means a sign showing the name and/or brand and/or trademark, and/or directional
				arrow and/or distance to a qualified TODS business. Business signs may be
				erected individually or as a component of a sign assembly as determined by
				location.
B. "Department" means the
				New Mexico State Highway and Transportation Department.
C. "Interstate System" means every state
				highway that is part of a national interstate and defense highways established
				pursuant to Section 103(b), Title 23, United States Code.
D. "Logo" means an officially sanctioned sign
				of the Logo Signing Program.
E.
				"Logo Sign" means an officially sanctioned sign of the Logo Signing
				Program.
F. "Signing Priority"
				means all other type of signing shall have a priority over TODS
				signing.
G. "Tourist Oriented
				Directional Signs or TODS" means officially sanctioned signing that is located
				within the right-of-way of routes (except Interstate) under the jurisdiction of
				the Department and provides business identification and directional information
				for businesses, services and activities, the major portion of whose income from
				visitors are derived during the normal business season from motorists not
				residing in the immediate area of the business or activity.
H. "Trailblazer" means a route marker
				assembly used to indicate the direction to the nearest or most convenient point
				of access to a qualified TODS business.
I. "TODS Intersection" means a juncture of a
				highway and a public roadway that provides access to a qualified TODS
				business.
J. "Intersection TOD
				Sign" means a sign assembly installed within the highway right-of-way at or
				near a TODS intersection and is used to indicate the name, direction and
				distance to a qualified TODS business.
K. "Advance Intersection TOD Sign" means a
				sign assembly installed within the highway right-of-way at least one-half mile
				in advance of a TODS intersection and is used to indicate the name, direction
				and distance to a qualified TODS business.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 21 - TRAFFIC CONTROL SIGNAGE › Part 4 - TOURIST ORIENTED DIRECTIONAL SIGNS (TODS) › Section 18.21.4.8 - SIGN, PANEL OR BUSINESS LOCATION

Current through Register Vol. 35, No. 13, July 16, 2024
TOD signs shall be used only in rural areas where the
				  business is not visible from the highway. Businesses visible from the road
				  shall not qualify to receive TOD signing. Specifically, a prospective TOD
				  business may be located:
A. in a rural
				area, inside the limits of an unincorporated or incorporated community with a
				population of 2000 or less;
B.
				Outside the limits of an unincorporated or incorporated community with a
				population between 2000 and 10,000. However, TOD signing may be located within
				the unincorporated /incorporated limits;
C. The location of other traffic control
				devices shall at all time take precedence over the location of TODS;
D. Intersection TODS panels should be at
				least 200 feet from the intersection;
E. Advance TODS panels should be at least 1/2
				mile, but not more than 1 mile from the intersection, but will only be
				permitted in situations where sight distance, intersection maneuvers or other
				vehicle characteristics require notification;
F. Trailblazer TODS signs should be at least
				100 feet from the intersection;
G.
				Intersection TODS panels should be spaced 200 feet from other intersection TODS
				panels and at least 200 feet from other traffic control devices;
H. Advance TOD panel should be spaced 800
				feet from other advance TODS panels and at least 200 feet from the traffic
				control devices;
I. Trailblazer TOD
				signs should be spaced at least 200 feet from other traffic control
				devices;
J. TOD signs/panels shall
				not obstruct the drivers critical viewing of other traffic control
				devices;
K. At intersections where
				specific services (LOGO) signing is located, prior to TODS, then
(1) The LOGO signs shall be combined with
				TODS, if within guidelines of sign layout; or
(2) No TOD signing will be permitted at the
				LOGO intersection unless 8.11.1 [Paragraph (1), Subsection K., Section 8 of
				18.21.4.8 NMAC] above is applicable, or
(3) No LOGO signing will be permitted at an
				intersection currently signed under TODS unless the LOGO(s) are combined as per
				above.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 21 - TRAFFIC CONTROL SIGNAGE › Part 4 - TOURIST ORIENTED DIRECTIONAL SIGNS (TODS) › Section 18.21.4.9 - GENERAL ELIGIBILITY CRITERIA

Current through Register Vol. 35, No. 13, July 16, 2024
It is the intention of TODS to provide information of
				  significant interest to the general traveling public using signs that point out
				  cultural, historical, recreational, educational or entertainment activities or
				  unique commercial activities that are tourist or motorist oriented. In order to
				  qualify for TODS, a business, as a minimum, must:
A. Give written assurance of its conformity
				with all applicable laws concerning the provisions of non-discrimination with
				regard to race, religion, sex, color or national origin and shall not breach
				such assurances;
B. In addition to
				the aforementioned non-discrimination clause, provide reasonable access and/or
				accommodation for the physically impaired;
C. Not have illegal signs (billboards) as
				defined by the Highway Beautification Act of 1965 (
				23 USC
				131 ); or the Intermodal Surface
				Transportation Efficiency Act 1991;
D. Be open to the general motoring public,
				including families (members only or Time Share Investor facilities shall not be
				qualified for TODS);
E. Derive the
				major portion of income and/or number of visitors from motorists not residing
				in the immediate area of the business; and
F. The business/activity shall be conducted
				in a building or an appropriate area designed for the purpose. However, a
				building principally used as a residence may be permitted if there is a
				convenient, separate, and well-marked entrance.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 21 - TRAFFIC CONTROL SIGNAGE › Part 4 - TOURIST ORIENTED DIRECTIONAL SIGNS (TODS) › Section 18.21.4.10 - SPECIFIC ELIGIBILITY CRITERIA

Current through Register Vol. 35, No. 13, July 16, 2024
This section describes the types of businesses or activities
				  that may qualify for TODS. These criteria are in addition to the requirements
				  found in these regulations. By type, the specific criteria that an individual
				  business or activity must meet to qualify for TODS are:
A. Motorist Service: A service of significant
				interest to motorist may qualify. The types of services, which may qualify,
				include, but are not limited to: gas, food, lodging, motor vehicle service or
				repairs. A business or activity providing motorist service must:
(1) Be open a minimum of eight (8) hours a
				day, six (6) days a week, and twelve (12) months a year;
(2) Have on-site restrooms facilities and
				drinking water available;
(3) Have
				a telephone available for public use; and
(4) Be located within five (5) miles of the
				TODS intersection.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 21 - TRAFFIC CONTROL SIGNAGE › Part 4 - TOURIST ORIENTED DIRECTIONAL SIGNS (TODS) › Section 18.21.4.11 - APPLICATION AND APPEAL PROCEDURES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Application Procedures: Applications for
				tourist oriented directional signing shall be submitted to the appropriate
				District Highway and Transportation Office.
B. Applications shall be accompanied with a
				photocopy of the business license or other document that shows the actual
				registered name of the business and/or DBA that is to be the legend on the TOD
				sign(s).
C. The application shall
				include a sketch map.
D. The
				appropriate District Traffic Engineer shall review/verify TOD applications.
				Conditions and recommendations regarding approval will be forwarded with the
				application to the State Maintenance Bureau.
E. TODS permits shall be issued to each
				eligible applicant, up to the maximum number allowed.
F. If the number of approved applicants for
				an intersection is greater than the number of spaces available, space shall be
				allocated as follows:
(1) Year-round
				operations shall take precedence over seasonal activities, except when the
				distance computation of the bumping procedure applies.
(2) If paragraph 5.6.1 [Paragraph (1),
				Subsection F., Section 5 of 18.21.4.5 NMAC] of this sub-regulation does not
				apply, order of priority shall be the closest, qualified applicant to the
				intersection that have applied for a TODS permit in order to fill vacant
				space(s).
(3) Once an activity or
				site is approved for signing, it may occupy a space as long as it continues to
				qualify. However, a year-round activity will be able to bump a seasonal
				activity except when the distance computation of the bumping procedure
				applies.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 21 - TRAFFIC CONTROL SIGNAGE › Part 4 - TOURIST ORIENTED DIRECTIONAL SIGNS (TODS) › Section 18.21.4.12 - FURNISH, ERECTION, MAINTENANCE AND REMOVAL

Current through Register Vol. 35, No. 13, July 16, 2024
A. The applicant shall furnish, erect,
				maintain and remove TOD signs at locations specified by the Department. All of
				the above responsibilities shall be done in accordance with the New Mexico
				Highway and Transportation Department Standard Specifications for Highway and
				Bridge Construction. Upon approval of the application, the Department will
				notify the applicant for coordination of the installation.
B. All TOD signs shall be manufactured and
				installed by a contractor approved by the Department.
C. The applicant shall assume any liabilities
				that may arise from the TODS installation.
D. The applicant shall remove or
				appropriately cover a TOD sign of a seasonal business when the business is
				closed during the off-season period.
E. TOD signs shall be removed if the business
				no longer qualifies for TODS.
F.
				All required trailblazing signs shall be installed prior to the installation of
				either intersection or advance TOD signs.
G. The Department shall determine when a TOD
				sign is no longer serviceable and needs to be replaced. Replacement TOD signs
				may be subject to fees - see FEE Section of these regulations. Payment of all
				fees assessed shall be remitted in full within thirty (30) days from the date
				of notification.
H. The applicant
				may request additional services in connection with the modification of TOD
				signs. This requested service is subject to fees and pre-payment of the fee
				shall be mandatory - see FEE Section of these regulations.
I. The Department will provide normal
				maintenance of/to TOD signs:
(1) If a TOD
				sign is modified or replaced at the request of the business, the business shall
				be required to pay for modifications and/or replacement. Department approval
				shall be required prior to any modifications.
(2) The Department shall not be responsible
				for damages to TOD signs caused by acts of vandalism or natural causes
				requiring repair or replacement of business signs. Applicants in such event
				shall pay incurred fees for services and cost of TOD sign
				replacement.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 21 - TRAFFIC CONTROL SIGNAGE › Part 4 - TOURIST ORIENTED DIRECTIONAL SIGNS (TODS) › Section 18.21.4.13 - FEES

Current through Register Vol. 35, No. 13, July 16, 2024
Rental fees are based on a continuous twelve (12) month year
				  commencing on April 1 and ending on March 31. The first year's rental fee may
				  be prorated on a monthly basis, but subsequent annual rental fees shall be for
				  the entire twelve (12) month period even if the TODS business is seasonal. The
				  advertiser shall be notified when the motorist information panel is erected and
				  the TODS installed and the rental fee is then due. Rental fees shall be
				  reviewed periodically to determine their relationship to the cost of operation
				  of this program. Rental fees not received within thirty (30) days of
				  notification to the applicant by the Department shall subject applicants permit
				  to revocation and removal of its sign without any previously paid fees being
				  refunded. The fees are:
A. Application
				$75/per sign 1 time charge
B.
				Annual Rental $120.00 per year
C.
				Signs N/A Provided by applicant
D.
				Service Provided by applicant
E.
				TrailBlazers Provided by applicant
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 21 - TRAFFIC CONTROL SIGNAGE › Part 4 - TOURIST ORIENTED DIRECTIONAL SIGNS (TODS) › Section 18.21.4.14 - RETENTION AND REFUNDING FEE

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				If an application for a permit is, for any reason not granted, all fees
				rendered with the application shall be refunded. If the permit is revoked due
				to non-conformance with any of the specified sections, or if the rental fee is
				not timely tendered, the Department shall not refund any fees.
B. If an application is approved and a
				contract has been awarded for the erection of the sign, no part of the fees
				shall be refunded. If the business sign is subsequently removed by a taking of
				eminent domain of the business being advertised, a proportional refund of the
				pre-paid rental fee may be made. However, in case of any removal, the rental
				fee for any months or major portion (16 days or more) of a month remaining to
				the pre-paid rental of the business sign may be refunded. There shall be no
				refund of rental fees for any business sign temporarily or covered.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 21 - TRAFFIC CONTROL SIGNAGE › Part 4 - TOURIST ORIENTED DIRECTIONAL SIGNS (TODS) › Section 18.21.4.15 - MISCELLANEOUS

Current through Register Vol. 35, No. 13, July 16, 2024
The Department shall adopt all necessary forms, accounting
				  methods and other procedures to carry out the full intent of these
				  regulations.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 21 - TRAFFIC CONTROL SIGNAGE › Part 5 - OUTDOOR ADVERTISING REQUIREMENTS › Section 18.21.5.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico Department of Transportation.
[P.O. Box 1149 Santa Fe, New Mexico 87504-1149 (505)
				  827-5460]
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 21 - TRAFFIC CONTROL SIGNAGE › Part 5 - OUTDOOR ADVERTISING REQUIREMENTS › Section 18.21.5.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
This part is promulgated pursuant to the provisions of the
				  New Mexico Highway Beautification Act, Sections
				  67-12-1 et
				  seq., NMSA 1978; and Sections
				  67-3-6,
				  67-3-11 and
				  67-3-14
				  NMSA 1978.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 21 - TRAFFIC CONTROL SIGNAGE › Part 5 - OUTDOOR ADVERTISING REQUIREMENTS › Section 18.21.5.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
February 14, 2014, unless a later date is cited at the end of
				  a section.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 21 - TRAFFIC CONTROL SIGNAGE › Part 5 - OUTDOOR ADVERTISING REQUIREMENTS › Section 18.21.5.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The purpose of this part is to implement and enforce the New
				  Mexico Highway Beautification Act, Sections
				  67-12-1 et
				  seq., NMSA 1978.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 21 - TRAFFIC CONTROL SIGNAGE › Part 5 - OUTDOOR ADVERTISING REQUIREMENTS › Section 18.21.5.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. "Abandoned sign"
				or "discontinued sign" means any outdoor advertising device that:
(1) is without copy for a period of six (6)
				months; or
(2) where the permit
				holder no longer has the right to occupy or possess the site on which the
				outdoor advertising device is located.