N.M. Admin. Code tit. 18 | N.M. Admin. Code Title 18 — Transportation and Highways

Chapter 1 Transportation General Provisions

Part 1 Motor Transportation – General Provisions

N.M. Admin. Code § 18.1.1.1 Issuing Agency

Taxation and Revenue Department, Joseph M. Montoya Building, 1100 South St. Francis Drive, P.O. Box 630, Santa Fe NM 87504-0630

History

4/30/97; 18.1.1.1 NMAC - Rn, 18 NMAC 1.1.1, 11/15/01

N.M. Admin. Code § 18.1.1.2 Scope

This part applies to all owners, operators and drivers of commercial motor carrier vehicles.

History

4/30/97; 18.1.1.2 NMAC - Rn, 18 NMAC 1.1.2, 11/15/01

N.M. Admin. Code § 18.1.1.3 Statutory Authority

Section 9-11-6.2 NMSA 1978.

History

4/30/97; 18.1.1.3 NMAC - Rn, 18 NMAC 1.1.3, 11/15/01

N.M. Admin. Code § 18.1.1.4 Duration

Permanent.

History

4/30/97; 18.1.1.4 NMAC - Rn, 18 NMAC 1.1.4, 11/15/01

N.M. Admin. Code § 18.1.1.5 Effective Date

4/30/97, unless a later date is cited at the end of a section, in which case the later date is the effective date.

History

4/30/97; 18.1.1.5 NMAC - Rn & A, 18 NMAC 1.1.5, 11/15/01

N.M. Admin. Code § 18.1.1.6 Objective

The objective of this part is to interpret, exemplify, implement and enforce the provisions of the Motor Transportation Act.

History

4/30/97; 18.1.1.6 NMAC - Rn, 18 NMAC 1.1.6, 11/15/01

N.M. Admin. Code § 18.1.1.7 Definitions

[Reserved.]

History

4/30/97; 18.1.1.7 NMAC - Rn, 18 NMAC 1.1.7, 11/15/01

N.M. Admin. Code § 18.1.1.8 Imposition of Penalty

A penalty in the amount of twenty dollars ($20.00) will be imposed under Section 18.1.1.8 NMAC for each instance in which a check tendered to the department is not paid upon presentment. This penalty is in addition to any other penalty imposed under the Motor Transportation Act. This regulation is applicable to checks tendered on or after January 1, 1995.

History

2/10/94, 4/30/97; 18.1.1.8 NMAC - Rn & A, 18 NMAC 1.1.8, 11/15/01

Part 2 Transportation Division Procedures [Repealed]

N.M. Admin. Code pt. 18.1.2 2 Transportation Division Procedures

[This part was repealed on September 1, 2008.]

HISTORY OF 18.1.2 NMAC:

Pre-NMAC History: The material in this part was previously filed with the State Records Center as:

SCC Rule 273, Administrative Enforcement Proceedings, filed on 1/5/93.

History of Repealed Material:

SCC Rule 273, Administrative Enforcement Proceedings, filed on 1/5/93.

18.1.2 NMAC, Transportation Division Procedures, filed 12/10/2002 - Repealed effective 9/1/2008.

Other History:

18.1.2 NMAC, Transportation Division Procedures, filed 12/10/2002 replaced by 1.2.2 NMAC, Public Regulation Commission Rules of Procedure, filed 8/15/2008.

Part 4 Requirements for the Submission and Evaluations of Grant Funding Applications for Transportation Planning/Study Projects from Local Transportation Development Districts

N.M. Admin. Code § 18.1.4.1 Issuing Agency

New Mexico State Transportation Authority.

History

Recompiled 11/16/01

N.M. Admin. Code § 18.1.4.2 Scope

The State Transportation Authority and All Transportation Development Districts.

History

Recompiled 11/16/01

N.M. Admin. Code § 18.1.5.3 Statutory Authority

Section 73-23-4B NMSA 1979, as amended.

History

Recompiled 11/16/01

N.M. Admin. Code § 18.1.4.4 Duration

[Permanent]

History

Recompiled 11/16/01

N.M. Admin. Code § 18.1.4.5 Effective Date

June 30, 1992

History

Recompiled 11/16/01

N.M. Admin. Code § 18.1.4.6 Objective

This rule is promulgated pursuant to the Resource Transportation and Passenger Transportation Development Act, Section 73-23-4B NMSA 1978, as amended, to establish procedures for Transportation Development Districts (TDDs) to apply for project funding and for the State Transportation Authority (STA) to evaluate and prioritize such funding requests for planning statewide, regional and local transportation systems to transport passengers or to develop natural resources, including coal, other energy resources and agricultural or other industrial products. This rule to establish procedures for rating and ranking funding of grant applications is limited in application to only planning/study proposals. It shall not be utilized to prioritize construction/operation funding proposals.

History

Recompiled 11/16/01

N.M. Admin. Code § 18.1.4.7 Definitions

[RESERVED]

History

Recompiled 11/16/01

N.M. Admin. Code § 18.1.4.8 Calls for Tdd Funding Proposals

Pursuant to deadlines, fixed public meeting dates for STA funding approval and other terms and conditions established by formal resolution, the STA shall periodically, as funds are deemed to be available, send written notice to all TDDs (both those fully-formed and those near-completion) calling for funding applications or proposals for TDD-initiated transportation projects. Only fully-formed TDDs can legally apply for and receive STA grant funding. Each project must be justified by the TDD and separately submitted in compliance with [section 10] Section F. of this rule. The applications (one per project) must be received by the STA no later than the close of business on the deadline date specified in the STA resolution.

History

Recompiled 11/16/01

N.M. Admin. Code § 18.1.4.9 Application Forms

Each application should be submitted in letter size fileable format, and it must address each of the issues listed below with sufficient information upon which the STA can base an evaluation of the answer.

A. Planning study description: Describe the planning study for which the TDD is currently seeking grant funds. Include a scope of work statement in sufficient detail that it can be used by the STA to evaluate the merits of the grant application. The scope of work should include a schedule for completing the work with major milestones listed. Include the anticipated cost of the planning project and feasible ways to phase" the planning project in the event full funding is not immediately available.

B. Matching Requirements: The applicant TDD must provide a minimum of 10% cash match for the project from local, state, federal or other sources. Applicants may request a partial or full waiver of the cash matching requirement if documentation can be provided which demonstrates both: 1) a detailed description of the "in-kind" services the TDD will provide; 2) the absence of local, state or federal resources to meet the required 10% match. Partial or full waivers may be allowed by STA in cases where the potential benefit of the project is high and the financial hardship of the TDD is shown to be severe and beyond the control of the TDD.

In the event the TDD funding application is approved by the STA, the TDD may be allowed to fully or partially offset its 10% cash match by producing copies of paid invoices to consultants for research and preparation of the TDD's application proposal for STA funding.

C. Certification of notice to other political entities: The TDD must submit as part of its application a resolution from the Board of Directors approving the grant application or applications. The application must also include certifications from either the Board of Directors, or its chief of staff, that all Indian tribes, Indian pueblos and municipalities within the boundaries of the TDD, and all incorporated counties adjacent to the TDD, have been sent a written notice by certified mail (return receipt requested) containing a clear description of the proposed planning study for which grant funding is being requested.

D.` Project Justification: Each application for STA grant funding must contain justification on the merits of the project whether in the form of an Impact Analysis or a Scope of Work/Needs Statement. [ ]

(1) Impact Analysis If the planning study contemplates construction or reconstruction of a specific transportation project which will have an actual physical impact on the environment, the TDD must include an Impact Analysis in its funding application. However, this information need not be contained in funding applications for general planning studies that will have no physical impacts on the environment, such as regional anticipated transportation master plans, data gathering, transportation need projections, base mapping and market studies not tied to specific construction.

(2) The STA understands that the project may be in very early or conceptual stages of planning and development and that little or no data are readily available for inclusion in the Impact Analysis. However, the TDD must include its best supported estimate or opinion of each of the following impact factors:

(a) Economic feasibility of the proposed system-

(i) Cost/Revenue projections Provide a comparison of the capital investment (specifically including, where applicable, projected right-of-way acquisition/litigation, including the number of landowners and acres affected, environmental clearance/litigation, archaeologicial clearance/litigation, engineering, and construction costs) and operating costs with the revenue that will likely be produced as a result of the project;

(ii) Job creation potential Estimate the net number of jobs created in both the state and the region as a result of the project, including jobs created both directly and indirectly;

(iii) Direct revenue enhancement Estimate the net increase in revenue that will come into both the state and the region as a result of the project. Included in this category should be a discussion and analysis of the project's potential for increasing added product value, freight revenue, number of tourists and other revenue enhancement factors.

(b) Necessity of the proposed system

(i) Alleviation of health and welfare threats Describe any serious or immediate threats to the health and welfare of the region that may be alleviated by the project.

(ii) Alleviation of economic depression Describe the region's economy and discuss any economic depression (including joblessness and poverty) that the project may alleviate.

(i) Economic impactp of no action" Describe the possible economic impacts of the "no action" alternative, including possible continued degradation of abrupt changes in the regional and state economy that my result from no action.

(ii) Environmental impact of no action" Describe the possible environmental impacts of the "no action" alternative, including possible continue degradation or abrupt changes in the regional and state environment that may result from no action.

(d) Environmental impact of the proposed system

(i) Impact on ecosystem Discuss the possible impact of the proposed system on regional and state air quality, water quality, wildlife (including native, threatened, and endangered species), and aesthetic values (including wilderness and scenic values).

(ii) Social impact Discuss the possible impact of the proposed system on the social well-being of both the region and the state, including possible impacts on the social infrastructure (such as roads, schools, and hospitals) and regional customs and way-of-life. Discuss the relationship of the proposed system to the local and regional land use and transportation-related plans.

(iii) Discuss the likelihood of the need for the exercise of eminent domain (involuntary land acquisition by government authority) and the possible number of landowners that may be affected.

(iv) Archaeological impact Discuss the possible impacts of the proposed system on specific archaeological sites and state and regional archaeological preservation.

E. Scope of Work/Needs Statement If the TDD is applying for funding a planning study which will not have an anticipated physical impact on the environment, the application must contain a well-supported Scope of Work/Needs Statement in lieu of a detailed Impact Analysis.

(1) This Statement is a detailed description of the planning study to be performed, a time schedule for work performance including major mileposts for work completion, and a supported statement showing the regional need and benefits to be derived from the study.

(2) The applicant may partially satisfy this requirement by referring the STA to information contained in the "Study Description" section of the application form. (See Section F.1. above) [see Subsection A., Section 9. of 18.1.4 NMAC above.]

History

Recompiled 11/16/01

N.M. Admin. Code § 18.1.4.10 Scoring Project Justifications

A. Scoring the Impact Analysis Based on the quality of justifications submitted in the applications for each of the impact factors listed above, the TDD funding application will be scored by the STA's Technical Review Committee as follows:

0" no justification;

1" poor justification;

2" satisfactory justification

3" excellent justification.

(Criterion) Factor Weight (100 pts total) X Rating (0 to +3)

Economic feasibility (40 pts)
Cost/revenue projections 15 pts X (0 to +3)=
Job creation potential 15 pts X (0 to +3)=
Revenue enhancement 10 pts X (0 to +3)=
Necessity of project (10 pts)
Alleviation of health and welfare threats 5 pts X (0 to +3)=
Alleviation of economic depression 5 pts X (0 to +3)=
Alternatives to project (10 pts)
Economic impact of no action" 5 pts X (0 to +3)=
Environmental impact of no action" 5 pts X (0 to +3)=
Environmental impact (40 pts)
Impact of ecosystem 15 pts X (0 to +3)=
Social impact 15 pts X (0 to +3)=
Archaeological impact 10 pts X (0 to +3)=

Total =

B. Scoring the Scope of Work/Needs Statements The Scope of Work/Needs Statements submitted in applications for general planning studies in lieu of Impact Analyses shall not be formally or numerically scored. Instead, STA staff without participation by the Technical Review Committee shall review the justification quality of the Scope of Work/Needs Statement contained in each general planning study application and recommend full, partial or non-approval to the whole STA.

History

Recompiled 11/16/01

N.M. Admin. Code § 18.1.4.11 Sta Selection of Tdd Grantees

A. In preparing and submitting its funding applications, TDDs must comply with the deadlines and other terms and conditions contained in the STA resolution. STA staff shall provide advice and technical assistance to the TDDs in their prepartation of the funding applications, but STA STAFF RECOMMENDATIONS ARE NOT BINDING UPON AND DO NOT GUARANTEE FAVORABLE FUNDING APPROVAL BY THE STA.

B. As soon as practicable after receipt of the TDD applications, the STA staff will distribute copies to the STA members and to the 7 appointed members of the Technical Review Committee (TRC). The TRC is a Standing Committee of the STA formed to provide technical expertise in the review of the TDD funding applications. The 7 members of the TRC are: 2 STA staff members appointed by the STA Chairman; 1 employee of the State Land Office appointed by the Commissioner of Public Lands; 1 employee of the Environment Department appointed by its Secretary; 1 employee of the Economic Development Department appointed by its Secretary; 1 employee of the Energy Minerals and Natural Resources Department appointed by its Secretary.

C. For each application, the STA staff shall submit to the full STA: 1) the average Impact Analysis score of the whole TRC committee. 2) the individual Impact Analysis scores from each of the TRC members performing an evaluation. 3) non-numerical recommendations of the project justifications contained in the general planning study funding applications.

D. The STA will review the TRC evaluations and STA staff recommendations and make funding decisions in a public meeting. Applicant TDDs and members of the public will be allowed to make presentation to the STA at this meeting. Notice of the public meeting will be given by the STA through a one-time publication of a display ad in the newspaper of general circulation in the affected region. The ad shall advise the public of its opportunity to appear and/or submit its written comments to the STA.

E. In making its final determination, the STA shall consider: the past performance of the TDD applicant in administering and effectively overseeing previous STA funding grants; the average and individual evaluations and recommendations of the TRC, the independent judgment, education and experience of the STA members, collectively and individually.

F. The STA will make funding determinations by a majority vote of no less than six of its members.

History

Recompiled 11/16/01

N.M. Admin. Code § 18.1.4.12 State-Initiated Projects--Required Notice

A. The STA has independent authority, exclusive of the TDDs, to conduct research to determine where transportation systems are most needed in the state and for what purposes, and to conduct research to ascertain the most feasible routes for transportation systems in the state. Accordingly, the STA has the authority to commission its own research studies to provide such needed information. Funding of such STA-initiated research shall be based upon a justified application. If the STA finds, through this research, that a transportation system is needed in an area of the state, it shall give notice of its finding to all entities eligible to form transportation development districts which the STA, in its sole discretion, believes have an interest in the need. The STA shall also give notice to all persons it finds, in its sole discretion, to be interested or affected by the transportation or development of the resource or people giving rise to the need.

B. The notice, both to the governmental entities (interested Indian tribes and pueblos, municipalities and counties) and to affected persons, shall be in the form of a letter detailing the transportation needs. The letters shall be sent by registered mail, return receipt requested.

C. If, after six months from the latest receipt date of these notice letters, the STA finds any of the following conditions exist notwithstanding the notice, it has the option of exercising those powers listed in Section 73-23-4G and proceeding under Sections 73-23-9 through 73-23-13 NMSA 1978 as amended:

(1) the transportation need still exists;

(2) persons capable of meeting the need have not acted or proposed to act in a manner capable of meeting the need;

(3) no entities (affected Indian tribes and pueblos consistent with their sovereign powers, municipalities and counties) have acted;

(4) the entities that acted do not have the capability to meet the transportation need.

HISTORY OF 18.1.4 NMAC

Pre-NMAC History: The material in this part was derived from that previously filed with the commission of public records - stare records center and archives.

STA Rule 1, Requirements for the Submission and Evaluation of Grant Funding Applications for Transportation Planning/Study Projects From Local Transportation Development Districts, 9/25/91.

STA Rule 1, Requirements for the Submission and Evaluation of Grant Funding Applications for Transportation Planning/Study Projects From Local Transportation Development Districts, 6/30/92. TYPE: This is a superseding rule, replacing STA Rule 1 filed September 25, 1991

History of Repealed Material: STA Rule filed 6/30/92 supersedes STA Rule 1 filed 9/25/91.

History

Recompiled 11/16/01

Part 5 State Transportation Commission Meetings

N.M. Admin. Code § 18.1.5.1 Issuing Agency

New Mexico State Highway and Transportation Department.

History

18.1.5.1 NMAC - N, 04-15-2003

N.M. Admin. Code § 18.1.5.2 Scope

New Mexico State Transportation Commission members and anyone affected by or interested in the business of the New Mexico State Transportation Commission.

History

18.1.5.2 NMAC - N, 04-15-2003

N.M. Admin. Code § 18.1.5.3 Statutory Authority

NMSA 1978, Sections 67-3-10, 67-3-11, and 10-15-1 through 10-15-4.

History

18.1.5.3 NMAC - N, 04-15-2003

N.M. Admin. Code § 18.1.5.4 Duration

Permanent.

History

18.1.5.4 NMAC - N, 04-15-2003

N.M. Admin. Code § 18.1.5.5 Effective Date

April 15, 2003, unless a later date is cited at the end of a section, in which case the later date is the effective date.

History

18.1.5.5 NMAC - N, 04-15-2003

N.M. Admin. Code § 18.1.5.6 Objective

To set forth provisions for State Transportation Commission open meetings notices and commission member participation in meetings by telephone.

History

18.1.5.6 NMAC - N, 04-15-2003

N.M. Admin. Code § 18.1.5.7 Definitions

[RESERVED]

History

18.1.5.7 NMAC - N, 04-15-2003

N.M. Admin. Code § 18.1.5.8 Open Meetings Notices

State Transportation Commission meetings shall be legally noticed in compliance with the Open Meetings Act, NMSA 1978, Sections 10-15-1 to 10-15-4, and in accordance with the State Transportation Commission’s legal notice of public meetings policy, which the commission shall determine annually.

History

18.1.5.8 NMAC - N, 04-15-2003

N.M. Admin. Code § 18.1.5.9 Telephone Conferences

As authorized by the Open Meetings Act, NMSA 1978, Sections 10-15-1 to 10-15-4, a commission member may participate in a commission meeting by means of a conference telephone or other similar communications equipment when it is otherwise difficult or impossible for the member to attend the meeting in person, provided that each member participating by conference telephone can be identified when speaking, all participants are able to hear each other at the same time and members of the public attending the meeting are able to hear any member of the commission who speaks during the meeting.

HISTORY OF 18.1.5 NMAC: [RESERVED]

History

18.1.5.9 NMAC - N, 04-15-2003

Part 6 Leasing of Real Property for Commercial Purposes

N.M. Admin. Code § 18.1.6.1 Issuing Agency

New Mexico Department of Transportation - P.O. Box 1149, Santa Fe, New Mexico 87504-1149.

History

18.1.6.1 NMAC - N, 11/15/05

N.M. Admin. Code § 18.1.6.2 Scope

General public interested in conducting commercial activities on department land.

History

18.1.6.2 NMAC - N, 11/15/05

N.M. Admin. Code § 18.1.6.3 Statutory Authority

This regulation is adopted pursuant to NMSA 1978, Section 67-3-12G and NMSA 1978, Section 67-11-9.

History

18.1.6.3 NMAC - N, 11/15/05

N.M. Admin. Code § 18.1.6.4 Duration

Permanent.

History

18.1.6.4 NMAC - N, 11/15/05

N.M. Admin. Code § 18.1.6.5 Effective Date

November 15, 2005, unless a later date is cited at the end of a section.

History

18.1.6.5 NMAC - N, 11/15/05

N.M. Admin. Code § 18.1.6.6 Objective

The purpose of this regulation is to establish procedures for the conduct, permitting or authorization of commercial enterprises or activities on department land.

History

18.1.6.6 NMAC - N, 11/15/05

N.M. Admin. Code § 18.1.6.7 Definitions

A. "Commission" means the New Mexico state transportation commission.

B. "Department" means the New Mexico department of transportation.

C. "Department land" means New Mexico state transportation commission or New Mexico department of transportation owned land or land leased to or from the state of New Mexico.

D. "Determination" means the written documentation of a decision by the secretary or his or her designee including findings of fact required to support a decision. A determination becomes part of the department record for the commercial enterprise or activity.

E. "Person" means any individual, firm, corporation, company, joint venture, voluntary association, partnership, trust, or unincorporated organization, or combination thereof.

F. "Public entity" means any entity as defined by NMSA 1978, Section 11-1-2 of the Joint Powers Agreements Act (NMSA 1978, 11-1-1 to 11-1-7).

G. "Secretary" means the New Mexico secretary of transportation or his or her designee.

History

18.1.6.7 NMAC - N, 11/15/05

N.M. Admin. Code § 18.1.6.8 Commercial Enterprises and Activities

A. This rule provides for commercial enterprises or activities on department land where such development or activities is in the best interest of the department and serves the public interest. Since commercial use of department property generates proceeds or payments which will be deposited into the state road fund and may have other benefits to the department or the public, such uses are transportation, highway or department uses or purposes and do not constitute a determination that the property involved is excess of the department's needs or uses. This rule shall not apply to any lease or agreement between the department and a public entity for non-commercial purposes or use, nor shall it apply to commercial leases of department land made pursuant to acquisition of property for right-of-way purposes under the eminent domain code or special alternative condemnation procedure, for air space agreements, oil and gas leases, employee housing arrangements or residential leases of department property, including leases to security or law enforcement personnel.

B. Authorized Use: In furtherance of commercial enterprises or activities on department land for the purpose of providing goods and services to the users of the property or facilities or for generating payments to the state road fund, the department may sell, exchange, or lease department property and may use any other powers granted to it by law. Any commercial enterprise or activity is authorized so long as it is in the department's best interest or serves the public interest. The department shall report all proposed commercial activity to the commission at its regularly scheduled meetings. The commission retains the authority to approve, disapprove and modify all proposed commercial activity.

C. Determination Required: Prior to the conduct or authorization of commercial enterprises or activities on department land, the secretary shall determine that the commercial enterprise or activity is in the best interest of the department or serves the public interest. This determination shall be approved by the commission and, once so approved, shall be a final action by the department. This determination shall be in writing and shall include:

(1) a description of the commercial enterprise or activity to be authorized;

(2) a description of the department land to be used for the commercial enterprise or activity;

(3) the form of the commercial enterprise or activity, e.g. whether conducted by the department or by a person through license, permit or other appropriate authorization granted by the department;

(4) the nature of any agreements into which the department will enter to accomplish the commercial enterprise or activity;

(5) the method of establishing the commercial enterprise or activity, e.g. through competitive proposal process or otherwise;

(6) if the commercial enterprise or activity is not established through a competitive process, the reasons that a competitive process was not chosen; and

(7) a statement as to why the commercial enterprise or activity is in the best interest of the department or serves the public interest.

D. Competition Favored: It is the policy of the commission and the department to provide fair access to persons who are able to conduct the commercial enterprises and activities contemplated by this rule. As a result, whenever practicable, the department shall pursue such commercial enterprises and activities through a competitive process. The department may adopt a competitive process for conducting commercial leasing which will be governed by the Procurement Code (NMSA 1978, Section 13-1-28 through Section 13-1-199) and applicable regulations. Otherwise, any other appropriate competitive process may be used. Any competitive process used, other than the Procurement Code and applicable regulations, must contain provision for any aggrieved competitor to protest the final award. When a competitive process is impracticable or otherwise against the best interest of the department, the secretary shall so determine and provide in writing the reasons that a competitive process is not used.

E. Record of Action: For each commercial enterprise or activity established pursuant to this rule, the department shall keep a record of action. The record shall contain the determination required in paragraph C and any contracts, agreements, licenses, permits or other authorizations entered into by the department as a result of that determination. This record shall be available for public inspection to the extent required by law.

F. Proceeds: Any proceeds or payments that are derived from these activities shall be deposited into the state road fund.

HISTORY OF 18.1.6 NMAC: [RESERVED]

History

18.1.6.8 NMAC - N, 11/15/05

Chapter 2 Motor Carrier

Part 3 Motor Carrier Safety

N.M. Admin. Code § 18.2.3.1 Issuing Agency

Department of Public Safety, P.O. Box 1628, Santa Fe, NM 87504-1628.

History

4-30-97; 18.2.3.1 NMAC - Rp 18 NMAC 2.3.1, 6-29-00

N.M. Admin. Code § 18.2.3.2 Scope

This part applies to all owners, operators and drivers of commercial motor carrier vehicles.

History

4-30-97; 18.2.3.2 NMAC - Rp 18 NMAC 2.3.2, 6-29-00

N.M. Admin. Code § 18.2.3.3 Statutory Authority

Section 9-19-6 NMSA 1978 and Section 65-3-4 NMSA 1978.

History

4-30-97; 18.2.3.3 NMAC - Rp 18 NMAC 2.3.3, 6-29-00; A, 07-16-07

N.M. Admin. Code § 18.2.3.4 Duration

Permanent.

History

4-30-97; 18.2.3.4 NMAC - Rp 18 NMAC 2.3.4, 6-29-00

N.M. Admin. Code § 18.2.3.5 Effective Date

June 29, 2000, unless a later date is cited at the end of a section, in which case the later date is the effective date.

History

4-30-97; 18.2.3.5 NMAC - Rp 18 NMAC 2.3.5, 6-29-00

N.M. Admin. Code § 18.2.3.6 Objective

The objective of this part is to interpret, exemplify, implement and enforce the provisions of the Motor Transportation Act.

History

4-30-97; 18.2.3.6 NMAC - Rp 18 NMAC 2.3.6, 6-29-00

N.M. Admin. Code § 18.2.3.7 Definitions

Reserved.

History

4-30-97; 18.2.3.7 NMAC - Rp 18 NMAC 2.3.7, 6-29-00

N.M. Admin. Code § 18.2.3.8 Special Note

All statutory references in 18.2.3 NMAC are to the New Mexico Statutes Annotated, 1978 (NMSA 1978) unless otherwise specified.

History

2-3-93; 4-30-97; 18.2.3.8 NMAC - Rp 18 NMAC 2.3.8, 6-29-00

N.M. Admin. Code § 18.2.3.9 Incorporation by Reference

For the purposes of 18.2.3 NMAC, the term "Code of Federal Regulations" means the Code of Federal Regulations published by the office of the federal register, national archives and records administration as presently in effect including subsequent amendments.

A. Appendix A: Code of Federal Regulations, Title 49, Parts 1 to 99, published by the office of the federal register, are incorporated by reference as presently in effect including subsequent amendments.

B. Appendix B: Code of Federal Regulations, Title 49, Parts 100 to 185, published by the office of the federal register, are incorporated by reference as presently in effect including subsequent amendments.

C. Appendix D: Code of Federal Regulations, Title 49, Parts 200 to 399, published by the office of the federal register, are incorporated by reference as presently in effect including subsequent amendments.

History

11-17-93; 2-14-95; 11-17-95; 4-30-97; 18.2.3.9 NMAC - Rp 18 NMAC 2.3.9, 6-29-00; A, 7/31/02; A, 3/31/03; A, 1/30/04; A, 07-16-07; A, 11-14-08

N.M. Admin. Code § 18.2.3.10 General

The department of public safety hereby adopts Parts 385, 387, 390 and Appendix F (Commercial Zones) of Subchapter B of Chapter III of Title 49 of the Code of Federal Regulations. The provisions in these parts are applicable to interstate and intrastate motor carriers, commercial motor vehicles and employees with the following amendments:

A. Where the regulations refer to the United States department of transportation (DOT), substitute the New Mexico department of public safety.

B. Where the regulations refer to the federal motor carrier safety administration, substitute the New Mexico department of public safety.

C. Where the regulations refer to the secretary of the United States department of transportation, substitute the New Mexico secretary of the department of public safety.

D. Where the regulations refer to a special agent of the federal motor carrier safety administration, substitute all personnel safety certified and approved by the director of the motor transportation division of the department of public safety.

E. Part 385.13(a) is amended to read “Generally, a motor carrier rated “unsatisfactory” is prohibited from operating a CMV. Information on motor carriers, including their most current safety rating, is available from the department of public safety on the internet at http://www.dps.nm.org or by telephone at (505) 827-0645.”

F. Part 385.13(d) is amended to read “Penalties. If a proposed "unsatisfactory'' safety rating becomes final, the department of public safety will issue an order placing its intrastate operations out of service. Any motor carrier that operates CMVs in violation of this section will be subject to the penalty provisions listed in Sections 66-2-9 NMSA 1978, 66-5-71 NMSA 1978, 66-5-58 NMSA 1978 and 66-8-7 NMSA 1978.”

G. Part 385.14(a) is amended to read “A CMV owner or operator that has failed to pay civil penalties imposed by the taxation and revenue department, or has failed to abide by a payment plan, may be prohibited from operating CMVs in intrastate commerce.”

H. Part 385.14(b) is amended to read “A broker, freight forwarder, or for-hire motor carrier that has failed to pay civil penalties imposed by the taxation and revenue department, or has failed to abide by a payment plan, may be prohibited from operating in intrastate commerce, and its registration may be suspended under the provisions of section 66-2-9 NMSA 1978.

I. Part 385.15(c) is amended to read “The motor carrier must submit its request in writing to the Department of Public Safety, Motor Transportation Division, P.O. Box 1628 Santa Fe, NM 87504.”

J. Part 385.17(b) is amended to read “A motor carrier must make this request in writing to the Department of Public Safety, Motor Transportation Division, P.O. Box 1628 Santa Fe, NM 87504.”

K. Part 390.5, Definitions, is amended to read:

(1) "Commercial motor vehicle" means any self propelled or towed vehicle used on public highways in commerce to transport passengers or property when:

(a) the vehicle is operated interstate and has a gross vehicle weight rating or gross combination weight rating, or gross vehicle weight or gross combination weight, of 4,536 kg (10,001 pounds) or more whichever is greater; or the vehicle is operated only in intrastate commerce and has a gross vehicle weight rating, or gross combination weight rating or gross vehicle weight or gross combination weight of 26,001 or more pounds whichever is greater; or

(b) is designed or used to transport more than 8 passengers (including the driver); for compensation; or

(c) is designed or used to transport more than 15 passengers, (including the driver) and is not used to transport passengers for compensation; or

(d) is used in transporting material found by the secretary of transportation to be hazardous under 49 U.S.C. 5103 and transported in a quantity requiring placarding under regulations prescribed by the secretary under 49 CFR, subtitle B, Chapter I, subchapter C;

(2) 390.19 is amended to add: “Intrastate motor carriers operating commercial motor vehicles are required to apply for a New Mexico safety identification number from the motor vehicle division, New Mexico taxation and revenue department.”

(3) 390.21 is amended to add: “Intrastate carriers operating commercial motor vehicles are required to mark their vehicles with the assigned New Mexico safety identification number, preceded by the letters USDOT.”

History

2-3-93; 11-17-93; 2-14-95; 11-17-95; 4-30-97; 18.2.3.10 NMAC - Rp 18 NMAC 2.3.10, 6-29-00; A, 7/31/02; A, 1/30/04; A, 07-16-07; A, 11-14-08

N.M. Admin. Code § 18.2.3.11 Qualification of Drivers

The department of public safety hereby adopts Part 40 and Appendix A to Part 40 of Title 49 of the Code of Federal Regulations (49 CFR 40 - Procedures for Transportation Workplace Drug Testing Programs), Part 391 of Title 49 of the Code of Federal Regulations (49 CFR 391 - Qualification of Drivers), Part 382 of Title 49 of the Code of Federal Regulations (49 CFR 382 -Controlled Substances and Alcohol Use and Testing) and Appendices C (Written Examination for Drivers), D (Table of Disqualifying Drugs and Other Substances, Schedule I) and E (Table of Disqualifying Drugs and Other Substances, Schedules II through V) of Subchapter B of Chapter III of Title 49 of the Code of Federal Regulations. All provisions set forth in these parts as adopted are applicable to interstate and intrastate motor carriers, commercial motor vehicles and employees, with the following amendments:

A. Part 391.2(c) is amended to read: "Certain farm vehicle drivers. The rules in this part do not apply to a farm vehicle driver other than a farm vehicle driver who drives an articulated (combination) motor vehicle interstate that has a gross weight, including its load, of more than 10,000 pounds or drives an articulated motor vehicle intrastate that has a gross weight, including its load, of 26,001 pounds or more."

B. Part 391.11(b)(1) is amended to read: "Is at least 21 years old; or is 18 years old and drives only in intrastate commerce operating commercial vehicles that are not required to be placarded for hazardous materials."

C. Part 391.49, Waiver of Certain Physical Defects, is amended to add: "(m) A person who is not physically qualified to drive under 391.41(b)(1) or (2) and who is not eligible for a waiver under the provisions of 391.49 (a) through 391.49(l) and who drives only intrastate, may apply for a waiver from the Director, Motor Vehicle Division, New Mexico Taxation and Revenue Department, P.O. Box 1028, Santa Fe, New Mexico, 87504-1028 under 18.19.5.33 NMAC.

History

2-3-93; 11-17-93; 4-30-97; 18.2.3.11 NMAC - Rp 18 NMAC 2.3.11, 6-29-00; A, 1/30/04; A, 07-16-07; A, 11-14-08

N.M. Admin. Code § 18.2.3.12 Driving of Motor Vehicles

The department of public safety hereby adopts Part 392 of Title 49 of the Code of Federal Regulations (49 CFR 392 - Driving of Motor Vehicles). All provisions set forth in CFR 49 Part 392 as adopted are applicable to interstate and intrastate motor carriers, commercial motor vehicles and employees, with no amendments.

History

2-3-93; 11-17-93; 2-14-95; 11-17-95; 4-30-97; 18.2.3.11 NMAC - Rp 18 NMAC 2.3.11, 6-29-00; A, 07-16-07; A, 11-14-08

N.M. Admin. Code § 18.2.3.13 Parts and Accessories Necessary for Safe Operation

The department of public safety hereby adopts Part 393 of Title 49 of the Code of Federal Regulations (49 CFR 393 - Parts and Accessories Necessary for Safe Operation). All provisions set forth in CFR 49 Part 393 as adopted are applicable to interstate and intrastate motor carriers, commercial motor vehicles and drivers, with no amendments.

History

2-3-93; 11-17-93; 4-30-97; 18.2.3.13 NMAC - Rp 18 NMAC 2.3.13, 6-29-00; A, 07-16-07; A, 11-14-08

N.M. Admin. Code § 18.2.3.14 Hours of Service of Drivers

The department of public safety hereby adopts Part 395 of Title 49 of the Code of Federal Regulations (49 CFR 395 - Hours of Service of Drivers). All provisions set forth in CFR 49 Part 395 as adopted are applicable to interstate and intrastate motor carriers, commercial motor vehicles and employees, with the following amendments: Where the regulation refers to 100 air mile radius, and the transportation is intrastate, substitute 150 air mile radius.

History

2-3-93; 11-17-93; 11-17-95; 4-30-97; 18.2.3.14 NMAC - Rp 18 NMAC 2.3.14, 6-29-00; A, 1/30/04; A, 07-16-07; A, 11-14-08

N.M. Admin. Code § 18.2.3.15 Inspection, Repair and Maintenance

The department of public safety hereby adopts Part 396 of Title 49 of the Code of Federal Regulations (49 CFR 396 - Inspection, Repair, and Maintenance) and Appendix G (Minimum Periodic Inspection Standards) of Subchapter B of Chapter III of Title 49 of the Code of Federal Regulations. All provisions set forth in these parts as adopted are applicable to interstate and intrastate motor carriers, commercial motor vehicles and employees, with the following amendments:

A. Part 396.9(a) Personnel authorized to perform inspections is amended to add: "If the persons have successfully completed approved training, have met minimum performance standards and have been certified and approved by the director of the division, all personnel of the motor transportation division, police officers and any other state inspectors are authorized to enter upon and perform inspections of motor carriers' vehicles in operation."

B. Part 396.9(b) Prescribed inspection report is amended to add: "The driver-vehicle inspection form, MTD-10987 and MTD-10988 or computer-generated facsimile, shall be used to record results of motor vehicle inspections conducted by personnel of the motor transportation division of the department of public safety, police officers or other state inspectors authorized to perform inspections by the director of the motor transportation division."

History

2-3-93; 11-17-93; 2-14-95; 11-17-95; 4-30-97; 18.2.3.15 NMAC - Rp 18 NMAC 2.3.15, 6-29-00; A, 07-16-07; A, 11-14-08

N.M. Admin. Code § 18.2.3.16 Transportation of Hazardous Materials - Driving and Parking Rules

The department of public safety hereby adopts Part 397 of Title 49 of the Code of Federal Regulations (49 CFR 397 - Transportation of Hazardous Materials; Driving and Parking Rules). All provisions set forth in CFR 49 Part 397 as adopted are applicable to interstate and intrastate motor carriers, commercial motor vehicles and employees, with no amendments.

History

2-3-93; 11-17-93; 4-30-97; 18.2.3.16 NMAC - Rp 18 NMAC 2.3.16, 6-29-00; A, 07-16-07; A, 11-14-08

N.M. Admin. Code § 18.2.3.17 Adoption of Federal Hazardous Materials Transportation Regulations

The department of public safety hereby adopts Parts 107, 171, 172, 173, 177, 178 and 180 of Title 49 of the Code of Federal Regulations (49 CFR 107 - Hazardous Materials Program Procedures, 49 CFR 171 - General Information, Regulations and Definitions, 49 CFR 172 - Hazardous Materials Table, Special Provisions, Hazardous Materials Communications Requirements and Emergency Response Information Requirements, 49 CFR 173 - Shippers - General Requirements for Shipments and Packaging, 49 CFR 177 - Carriage by Public Highway, 49 CFR 178 - Specifications for Packagings and 49 CFR 180 - Continuing Qualification and Maintenance of Packagings). All provisions set forth in these parts as adopted are applicable to interstate and intrastate motor carriers, commercial motor vehicles and employees, with no amendments.

HISTORY of 18.2.3 NMAC:

Pre-NMAC History:

TRD 65-3/1990, Regulations Pertaining to the Motor Carrier Safety Act, Sections 65-3-1 through 65-3-13, 6-15-90.

TRD Rule MCS-93, Regulations Pertaining to the Motor Carrier Safety Act, Sections 65-3-1 through 65-3-13, 2/3/93.

History of the Repealed Material:

18 NMAC 2.3, Motor Carrier Safety - Repealed, 6-29-00.

History

2-3-93; 11-17-93; 11-17-95; 4-30-97; 18.2.3.17 NMAC - Rp 18 NMAC 2.3.17, 6-29-00; A, 7/31/02; A, 07-16-07; A, 11-14-08

Chapter 3 Motor Carrier General Provisions

Part 1 General Provisions

N.M. Admin. Code § 18.3.1.1 Issuing Agency

New Mexico Department of Transportation.

History

18.3.1.1 NMAC - Rp, 18.3.1.1 NMAC, 7/1/2024

N.M. Admin. Code § 18.3.1.2 Scope

This rule applies to all motor carriers subject to the jurisdiction of the department of transportation.

History

18.3.1.2 NMAC - Rp, 18.3.1.2 NMAC, 7/1/2024

N.M. Admin. Code § 18.3.1.3 Statutory Authority

Sections 65-2A-4, 65-2A-29 and 65-2A-32 NMSA 1978, and 2023 N.M. Laws, Chapter 100, Section 81.

History

18.3.1.3 NMAC - Rp, 18.3.1.3 NMAC, 7/1/2024

N.M. Admin. Code § 18.3.1.4 Duration

Permanent.

History

18.3.1.4 NMAC - Rp, 18.3.1.4 NMAC, 7/1/2024

N.M. Admin. Code § 18.3.1.5 Effective Date

July 1, 2024, unless a later date is cited at the end of a section.

History

18.3.1.5 NMAC - Rp, 18.3.1.5 NMAC, 7/1/2024

N.M. Admin. Code § 18.3.1.6 Objective

The purpose of this rule is to set forth general provisions governing motor carriers in New Mexico.

History

18.3.1.6 NMAC - Rp, 18.3.1.6 NMAC, 7/1/2024

N.M. Admin. Code § 18.3.1.7 Definitions

As used in these rules, unless the context clearly indicates otherwise, the following definitions apply:

A. department means the New Mexico department of transportation;

B. facilities includes lands, buildings, and improvements to real property owned, leased, or used in the operations of a motor carrier;

C. FMCSA means the federal motor carrier safety administration;

D. inspection or investigation means the examination by the department or other lawful entity of a motor carrier's operations, including the facilities and equipment used in connection with its operations, and all pertinent records;

E. limousine service means a specialized passenger service providing the transportation of passengers for hire at a fixed, unmetered rate in a chauffeur-driven luxury motor vehicle at the exclusive use of one individual or group for a period of time that is not less than 30 minutes and scheduled by prearrangement and not by soliciting on the streets;

F. non-emergency medical transport service means a specialized passenger service providing the scheduled transportation of passengers not requiring medical monitoring or treatment in a motor vehicle to or from a required medical or therapeutic appointment;

G. principal place of business means the mailing and street address of the motor carrier's primary business office in New Mexico;

H. red tag or cease and desist order means a written demand issued by the department to the motor carrier to immediately discontinue, rectify or prevent a specified act or omission that is a violation of a prior department order or applicable law that threatens or endangers public safety;

I. stationing point means a fixed physical location as identified on each operating authority from which a motor carrier responds to a call for service or stores the vehicles it currently uses to provide service and does not include the point where a vehicle responding to a service call is temporarily located;

J. these rules means the rules codified in Title 18, Chapter 3 of the New Mexico Administrative Code;

K. tour and sightseeing service means specialized passenger service providing scheduled or unscheduled guided transportation of passengers for hire in a motor vehicle to scenic points or other points of interest at rates that apply to each individual passenger;

L. volunteer driver means a person who drives for an ambulance or commuter service without remuneration; the provision of or reimbursement for training, equipment, uniforms, and supplies necessary to the performance of driving duties are incidental and do not constitute remuneration for purposes of these rules.

History

18.3.1.7 NMAC - Rp, 18.3.1.7 NMAC, 7/1/2024

N.M. Admin. Code § 18.3.1.8 Compliance with the Law

A. A motor carrier shall comply with all applicable state and federal laws and regulations.

B. In an emergency, a motor carrier may vary from a specific requirement of these rules when authorized or directed by a law enforcement officer or public safety official.

History

18.3.1.8 NMAC - Rp, 18.3.1.8 NMAC, 7/1/2024

N.M. Admin. Code § 18.3.1.9 Compliance with Terms of Operating Authority and Tariffs

A. A motor carrier shall comply with the terms and conditions of its operating authority.

B. A motor carrier of persons or household goods, and towing services performing nonconsensual tows, shall comply with the terms and conditions of its approved tariff.

C. If there is a conflict between the terms and conditions of an operating authority and the terms and conditions of an approved tariff, the operating authority will govern the specific conflict.

D. If there is a conflict between these rules and the terms and conditions of a tariff or operating authority, these rules will govern the specific conflict.

History

18.3.1.9 NMAC - Rp, 18.3.1.9 NMAC, 7/1/2024

N.M. Admin. Code § 18.3.1.10 Stationing Points for Certificated Passenger Services

A. The approved stationing points shall be identified on the certificate of each passenger service.

B. No stationing point may be adopted, abandoned or moved prior to the issuance of a new certificate reflecting the requested change.

History

18.3.1.10 NMAC - Rp, 18.3.1.10 NMAC, 7/1/2024

N.M. Admin. Code § 18.3.1.11 Submission and Receipt of Payments and Documents

A. The department accepts documents submitted by mail, electronic mail or hand-delivery.

B. Any required fees must be received by the department by electronic transfer, mail or hand-delivery prior to the consideration of any document submitted.

C. A document or fee is received on the date of delivery, unless that date is a holiday or weekend in which event the document is deemed received on the next business day.

History

18.3.1.11 NMAC - Rp, 18.3.1.11 NMAC, 7/1/2024

N.M. Admin. Code § 18.3.1.12 Prescribed Forms

The department has prescribed forms to carry out certain requirements of these rules that may be obtained in person or on the department’s website. The most current version of a form must be used when a form exists for that purpose.

History

18.3.1.12 NMAC - Rp, 18.3.1.12 NMAC, 7/1/2024

N.M. Admin. Code § 18.3.1.13 Inspections and Investigations

A. Inspections: The department may inspect a motor carrier's operations for legal compliance at any time and without prior notice, regardless of the status of the motor carrier’s operating authority.

B. Investigations: A full or partial investigation may be initiated if an inspection reveals, or the department otherwise is alerted to, a possible violation by the motor carrier of an applicable law or prior department order.

C. Findings and Remedies:

(1) Within 30 days following an inspection, the department shall provide a written report to a motor carrier outlining any required corrective measures and timelines. Failure to timely address the identified deficiencies may result in further proceedings and penalties, as provided by law;

(2) The department may issue a red tag or cease and desist order at the time of inspection or investigation if immediate action is required by the motor carrier to avert the identified dangers or risks to public safety. Failure to take immediate action to discontinue, remedy or prevent the violations may result in the immediate suspension of all operations and other penalties, as provided by law;

(3) A motor carrier that obstructs or prohibits an inspection or investigation of any of its operations or applicable records shall be deemed a risk to the public safety and be subject to an immediate cease and desist order for all or part of its operations.

History

18.3.1.13 NMAC - Rp, 18.3.1.13 NMAC, 7/1/2024

N.M. Admin. Code § 18.3.1.14 Deceptive Advertising Prohibited

A. No motor carrier shall make a statement orally or in writing, via any medium of advertisement or communication, concerning any aspect of intrastate transportation for hire that is materially false or misleading in part or in whole. A statement shall be deemed materially false or misleading if it omits any material qualification imposed by these rules or contained in the motor carrier’s operating authority.

B. A motor carrier shall be subject to potential penalties for violations of this section by persons or firms within the control of the motor carrier.

C. A motor carrier of persons or household goods, or towing service performing non-consensual tows, shall advertise and solicit in the legal or "doing business as" name(s) contained in its approved tariff, but may advertise the name of an officially registered agent or, for household goods movers, the national affiliation or principal for interstate carriage for which the carrier is currently an agent, so long as the name of the motor carrier of persons or household goods, or towing service performing nonconsensual tows, is prominently displayed along with the agent's name.

18.3.1.15 - 18 [RESERVED]

HISTORY OF 18.3.1 NMAC:

Pre-NMAC history: The material in this rule was previously filed with the State Records Center as:

SCC 68-16, N.M. Motor Carrier Act, Rules and Regulations, effective Sept. 1, 1967, filed on 3/14/1968;

SCC 71-6, N.M. Motor Carrier Act, Rules and Regulations, effective July 1, 1971, filed on 9/21/1971;

SCC 73-1, N.M. Motor Carrier Act, Rules and Regulations, on 6/14/1973;

SCC 74-1, N.M. Motor Carrier Act, Rules and Regulations, effective July 1, 1973, filed on 2/5/1974;

SCC 75-1, N.M. Motor Carrier Act, Rules and Regulations, effective Jan. 1, 1975, filed on 4/17/1975;

SCC 75-3, N.M. Motor Carrier Act, Rules and Regulations (Rev.), effective Jan. 1, 1975, filed on 9/19/1975;

SCC 76-1, N.M. Motor Carrier Act, Rules and Regulations, effective April 1, 1976, filed on 4/15/1976;

SCC 77-1, N.M. Motor Carrier Act, Rules and Regulations, effective Jan. 1, 1977, filed on 1/25/1977;

SCCMC Rule No. 1, Rules of Procedure Governing Motor Carriers, filed on 3/5/1982;

SCCMC Rule No. 28, Complaints, filed on 3/5/1982;

SCCMC Rule No. 29, Inspector Authority, filed on 3/5/1982;

SCC Rule 201, Prefatory Rules, filed on 1/5/1993;

SCC Rule 202, Definitions, filed on 1/5/1993;

SCC Rule 203, Commission Forms, filed on 1/5/1993;

SCC Rule 206, Commission Procedures, filed on 1/5/1993;

SCC Rule 207, Emergency Rule Governing Motor Carriers of Property, filed on

SCC Rule 231, General Compliance Requirements;

SCC Rule 261, Motor Carriers of Property-General Provisions, filed on 1/5/1993;

SCC Rule 271, Enforcement-General Provisions, filed on 1/5/1993;

SCC Rule 272, Inspections;

SCC Rule 273, Administrative Enforcement Proceedings, filed on 1/5/1993.

History of repealed material.

SCC Rule 201, Prefatory Rules, filed on 1/5/1993;

SCC Rule 202, Definitions, filed on 1/5/1993;

SCC Rule 203, commission Forms, filed on 1/5/1993;

SCC Rule 206, Commission Procedures, filed on 1/5/1993;

SCC Rule 231, General Compliance Requirements;

SCC Rule 261, Motor Carriers of Property-General Provisions, filed on 1/5/1993;

SCC Rule 271, Enforcement-General Provisions, filed on 1/5/1993;

SCC Rule 272, Inspections;

SCC Rule 273, Administrative Enforcement Proceedings, filed on 1/5/1993.

18.3.1 NMAC, Motor Carrier General Provisions - General Provisions, filed 12/10/02, repealed 2/13/2015.

18.3.1 NMAC, Motor Carrier General Provisions - General Provisions, filed 1/28/2015, repealed 7/1/2024.

Other: 18.3.1 NMAC, Motor Carrier General Provisions - General Provisions, filed 1/28/2015, replaced by 18.3.1 NMAC, Motor Carrier General Provisions - General Provisions, effective 7/1/2024.

History

18.3.1.16 NMAC - Rp, 18.3.16 NMAC, 7/1/2024

Part 2 Operating Authorities

N.M. Admin. Code § 18.3.2.1 Issuing Agency

New Mexico Department of Transportation.

History

18.3.2.1 NMAC - Rp, 18.3.2.1 NMAC, 7/1/2024

N.M. Admin. Code § 18.3.2.2 Scope

This rule applies to all motor carriers in New Mexico subject to the jurisdiction of the department.

History

18.3.2.2 NMAC - Rp, 18.3.2.2 NMAC, 7/1/2024

N.M. Admin. Code § 18.3.2.3 Statutory Authority

Sections 65-2A-4 and 65-2A-19 NMSA 1978, and 2023 N.M. Laws, Chapter 100, Section 81.

History

18.3.2.3 NMAC - Rp, 18.3.2.3 NMAC, 7/1/2024

N.M. Admin. Code § 18.3.2.4 Duration

Permanent.

History

18.3.2.4 NMAC - Rp, 18.3.2.4 NMAC, 7/1/2024

N.M. Admin. Code § 18.3.2.5 Effective Date

July 1, 2024, unless a later date is cited at the end of a section.

History

18.3.2.5 NMAC - Rp, 18.3.2.5 NMAC, 7/1/2024

N.M. Admin. Code § 18.3.2.6 Objective

The purpose of this rule is to implement Sections 65-2A-5 through 65-2A-13 NMSA 1978.

History

18.3.2.6 NMAC - Rp, 18.3.2.6 NMAC, 7/1/2024

N.M. Admin. Code § 18.3.2.7 Definitions

See 18.3.1.7 NMAC.

History

18.3.2.7 NMAC - Rp, 18.3.2.7 NMAC, 7/1/2024

N.M. Admin. Code § 18.3.2.8 Operating Authority Required

An operating authority is required for each type of service offered. An operating authority issued for one service will not serve as authorization for another service.

A. Warrants. A warrant is required for each of the following service types:

(1) charter services;

(2) towing services, including for repossessions; and

(3) transportation of property, excluding household good services for which a certificate is required, and cadaver transports regulated under the Funeral Services Act, Chapter 61, Article 32 NMSA 1978.

B. Certificates. A certificate is required for each of the following service types:

(1) ‘full service’ types are required to meet specific standards of service to a community.

(a) municipal taxicab services;

(b) scheduled shuttle services;

(2) ‘general service’ types are not required to provide marginally- or un-profitable services.

(a) general taxicab services;

(b) general shuttle services;

(d) specialized passenger service types: tour and sightseeing, non-emergency medical transport, and limousine services.

History

18.3.2.8 NMAC - Rp, 18.3.2.8 NMAC, 7/1/2024

N.M. Admin. Code § 18.3.2.9 Applications for Operating Authorities

These requirements apply to both warrant and certificate applications (including for certificate amendment, lease or transfer). Certain service types or certificate amendments may require additional information and documents, as described in these rules. The following are general application requirements for all operating authorities.

A. Applicant information:

(1) the applicant's name, phone number and e-mail address for department communications;

(2) if the applicant is a sole proprietor, the applicant’s social security number for purposes of verifying parental responsibility act compliance;

(3) name, mailing and e-mail address for a designated agent to receive service of process;

(4) the applicant’s authority over, and legal relationship to, the business.

B. Business information:

(1) all applicable business names to include trade or “doing business as” names;

(2) business telephone number;

(3) a mailing and physical address for the principal place of business in New Mexico, where all required records are maintained for review;

(4) physical addresses of every facility, office or storage yard used in its motor carrier operations;

(5) a combined reporting system (CRS) number obtained from the New Mexico taxation and revenue department;

(6) a U.S. department of transportation safety rating, if one exists;

(7) a certificate of workers' compensation insurance or a certificate of exemption from the workers' compensation administration;

(8) the required forms and amounts of financial responsibility, to include proof of garage keepers and on the hook liability insurance for towing services;

(9) a proposed tariff (rates, applicable schedules, dispatch process and other terms of service) for ambulance, non-consensual towing, specialized passenger (non-emergency medical, limousine, tour or sightseeing), shuttle (general or scheduled), taxi (general or municipal) or household goods services;

(10) the desired authorization in terms of type of service and the service territory expressed as either statewide or within or between specified counties;

(11) a description of the form of ownership, the date the business entity was created, names and addresses of all principal owners and managers, the percentage of ownership interest of each and, for a corporation:

(a) authorization by the office of the secretary of state to do business in New Mexico and evidence of good corporate standing; and

(b) the names and addresses of any shareholders who own ten percent or more of the voting stock of the corporation.

C. Vehicles and equipment:

(1) a list of all equipment and vehicles to be used in the operations;

(2) an annual inspection form for each, completed by a qualified inspector in the preceding 12 months, to satisfy the applicable state and federal motor carrier safety regulations;

(3) a written preventive maintenance program for all motor vehicles as required; and

(4) the designated stationing point(s) for all vehicles and equipment.

D. Driver information:

(1) a list of all drivers;

(2) license information for each driver to include: the state of issuance, license number, and class of license;

(3) legible copies of each driver’s:

(a) license;

(b) motor vehicle record from the state licensing agency under which the driver is licensed; and

E. Application fee: Application fees are provided by rule. Fees must be received prior to notice and consideration of the application. If an application is not complete 60 days after initial submission, then the application fee is forfeited to the state.

F. Statements of applicant:

(1) a statement disclosing all operating authorities owned or operated, in full or in part, by the applicant and certifying that the operating authority sought in the application does not duplicate the service and territory of any existing operating authority of the holder;

(2) a statement certifying that all drivers meet the driver qualifications, that a drug and alcohol testing program is in place to meet the requirements of 49 CFR Parts 40 and 382, and that driver qualification files will be maintained for each driver;

(3) a notified oath that all statements in the application are true and correct.

(4) for taxi service (general or municipal) applicants only, a description of how calls for service are centrally dispatched, including the location of the dispatcher(s).

(5) for ambulance service applicants only, affidavits or other evidence to show:

(a) that the proposed service is or will serve a useful public purpose that is responsive to a public demand or need and that the ambulance service that currently exists in the territory sought in the application is inadequate; and

(b) the effect that issuance of the certificate would have on existing ambulance service in the territory sought in the application.

(6) for scheduled shuttle service applicants only, a daily time schedule for services.

History

18.3.2.9 NMAC - Rp, 18.3.2.13 NMAC, 7/1/2024

N.M. Admin. Code § 18.3.2.10 Application for Temporary Authority

An applicant for a certificated service (including for amendment, lease or transfer or a tariff rate increase) may apply for temporary authority pursuant to Section 65-2A-11 NMSA 1978. The original and temporary applications must be complete, and all fees received, prior to consideration. A grant of temporary authority is discretionary and shall not create a presumption that permanent authority will be granted. Any motor carrier operating pursuant to a temporary authority must comply with all applicable laws.

A. Public safety, a governmental program, or a specific public event: An application for temporary authority involving public safety, a governmental program or a specific public event must be submitted with the original application or at least five days prior to the expiration of the notice period. The applicant must also provide:

(1) affidavits from one or more persons having urgent need of the service; and

(2) a statement regarding either the nonexistence of, or inadequate service provision by, motor carriers authorized to provide the needed service in that territory.

B. Hearing of a contested application: An applicant subject to a hearing on its original application may submit a motion for a grant of temporary authority or temporary rate increase for a term extending until the department issues its final decision on the original application. The authority may be modified in the temporary authority in consideration of the issues raised in the objections of the parties to the hearing.

History

18.3.2.10 NMAC - Rp, 18.3.2.25 NMAC, 7/1/2024

N.M. Admin. Code § 18.3.2.11 Notices

Notices are posted on the department’s website and sent to all motor carriers and other persons or entities who have previously submitted an electronic address for the purpose of receiving such notices. Notice is required as required by law for all complete certificate applications (including for amendment, lease or transfer), existing and proposed tariffs, certain proposed rate increases, certain contemplated penalties, proposed rulemakings, and orders of general application.

History

18.3.2.11 NMAC - Rp, 18.3.2.15 NMAC 7/1/2024

N.M. Admin. Code § 18.3.2.12 Review and Issuance

Applications are complete once all the information and documentation required is submitted and the requisite fees are received. Applications must be complete prior to the noticing and consideration by the department. Completed applications are reviewed for legal compliance. The applicant shall be notified of any deficiencies and given an opportunity to submit corrections. Operating authorities are issued in the company or sole proprietor’s name and not in the trade or “doing business as” name.

A. Warrants: A warrant will generally be issued once a completed application is determined to satisfy all legal requirements. For a towing service seeking to provide non-consensual tows, the proposed tariff must be approved by the department prior to issuance of the warrant.

B. Certificates: A certificate (new, amended, lease or transfer) will generally be issued after the notice period only if the completed application is uncontested and determined to satisfy all legal requirements. A certificate for passenger services may be delayed, modified, or not issued if the application is contested during the notice period since the department is required to consider the issues. Furthermore, some issues may require a full hearing for proper consideration. If an application is contested and the issue is set for a hearing, the applicant may apply for a temporary authority to provide services until the hearing process is concluded and the department issues a determination.

History

18.3.2.12 NMAC - Rp, 18.3.2.14 NMAC, 7/1/2024

N.M. Admin. Code § 18.3.2.13 Contested Certificate Applications

During the notice period, an application for a certificate (including for amendment, lease or transfer) for passenger services may be contested by protest or objection, or by the department if staff require a hearing on the application.

A. Protests. Only full service carriers may file a protest of a certificate application. A protest is deemed denied if it is not submitted with the requisite fee during the notice period. A protest must include:

(1) a copy of the protestor’s full service operating authority;

(2) a description of how the proposed service territory in the certificate application overlaps with the protestor’s existing certificated service territory; and

(3) if the protestor is not an ambulance service, a reasonable description of the potential adverse impact the granting of the certificate application would have on the existing provision of full service passenger services to the public within the protestor’s full service territory;

(4) a protesting carrier meeting these requirements may proceed to a hearing on the application as an intervenor;

(5) if a protesting carrier withdraws the protest, withdraws as an intervenor or fails to appear at the hearing, the application shall be processed as an uncontested application.

B. Objections: Anyone may file an objection to, or offer information regarding, a certificate application during the notice period. The department is not required to, but may, hold a hearing on a timely objection.

History

18.3.2.13 NMAC - Rp, 18.3.2.16 NMAC, 7/1/2024

N.M. Admin. Code § 18.3.2.14 Required Terms and Conditions of Service

A. Requirements for all motor carriers:

(1) Service restrictions: The provisions governing the scope, terms and conditions of motor carrier services are provided in the applicable statutes, rules and the specifications of each operating authority. Authorized services must be provided consistent with these governing provisions, including service definitions.

(2) Placement of operating authorities: An operating authority must be maintained by the motor carrier at the principal place of business identified in the application, and a copy of the authority for the specific service type being provided must be carried in each vehicle that a motor carrier operates in New Mexico.

(3) Financial responsibility: The required amounts and types of financial responsibility must be continuously maintained for the authorized services for all periods of operation.

(4) Safety requirements: All vehicles, equipment, drivers and applicable resources must be properly inspected and maintained to ensure that all safety requirements are satisfied at all times. Motor carriers are prohibited from placing a motor vehicle into service that has any defect or deficiency that may be capable of causing an accident or mechanical malfunction.

B. Certificate requirements for all passenger services:

(1) Continuous and adequate service: All certificate holders must ensure that the offering of its transportation services is reasonably and continuously available to the public. For full service carriers, the provision of services must meet the prescribed standards and be reasonably and continuously available to the public within the entire authorized service territory.

(2) Notice for consumer concerns: The following notice must be posted in a space visible to the public passengers in each vehicle, as well as in the motor carrier’s principal place of business: “This motor carrier operates pursuant to New Mexico Operating Authority No.____ (insert appropriate number), issued by the New Mexico Department of Transportation. If you have any questions or concerns regarding the services provided, you may contact the company’s management at:____(insert phone number). If the management is unable to resolve your concerns, you may contact the New Mexico Department of Transportation at: 505-795-1401.”

(3) Passenger comfort: A passenger service carrier shall ensure that every motor vehicle it operates is clean and equipped with a heating, cooling, and air filtration system capable of providing a reasonable level of comfort inside the motor vehicle.

(4) Security of property: No passenger service carrier may transport unsecured property (including baggage) in any quantity or manner that endangers, or interferes with the comfort or safety of, passengers or obscures the driver’s view.

C. Taxi service requirements: The following terms and conditions apply to municipal and general taxi services:

(1) Shortest route: Unless expressly requested to do otherwise, a taxicab service shall transport metered-fare passengers over the shortest available route. A predetermined full fare shall be calculated on the basis of the shortest available route.

(2) Posting of rates: Rates for metered services must be posted in the passenger compartment of the vehicle in a manner that is readily accessible and viewable.

(3) Multiple passengers, rate: Rates for multiple passengers shall be based on one charge based on metered rates for the first person and an additional small fixed charge for each additional person. Alternatively, at the passenger's option, a predetermined calculated full fare based on drop flag and mileage component rates as provided by tariff, and may use surge pricing as provided by tariff;

(4) Direction. Exclusive direction shall be granted to the first person engaging the taxicab;

(5) Requests for service: A taxicab may respond only to street hailed requests, pre-arranged service requests (when call for service is received 30 minutes or more before service is required), and requests issued by the dispatch service.

D. Scheduled shuttle service requirements:

(1) Posting of schedules: A scheduled shuttle service shall post in a conspicuous place, readily available for public inspection, at each station or place where passengers are regularly received or discharged, at least one copy of its current schedule of arrivals and departures.

(2) Compliance with time schedules required: A scheduled shuttle service picking up passengers may delay its departure when reserved passengers are delayed as a result of another carrier's late arrival or delayed baggage handling, provided that:

(3) Delay for reserved passengers: If a vehicle has no loaded passengers and has no other pickup points on its route, the scheduled shuttle service may delay its departure for late arriving reserved passengers;

(4) Delay of passengers: If a vehicle has passengers loaded, but has no other pickup points on its route, the vehicle may delay its departure by up to 15 minutes past its scheduled departure time.

(5) Interruption of service reports: Each scheduled shuttle service shall promptly report in writing any interruption in service which is likely to continue for more than 24 hours, stating in detail the cause of the interruption and its expected duration.

E. Non-emergency medical transport service requirements: Prohibited from transport of passengers who require medical monitoring or intervention to maintain their level of response, airway, breathing and circulatory status, with the exception of self-administered oxygen not to exceed six liters per minute via a nasal cannula; the oxygen container must be secured in accordance with other state and federal laws.

F. Warranted charter service requirements:

(1) Prohibited terms. A charter service is prohibited from using the terms bingo bus, commuter service, shared ride, shuttle or terminal shuttle service in its business name, vehicle markings and advertising; and

(2) Prearranged contracts: A single prearranged written contract that is not arranged, accepted, entered into or paid for by the driver, must be entered into with the group prior to providing services.

18.3.2.15 - 26 [RESERVED]

HISTORY OF 18.3.2 NMAC:

Pre-NMAC History: The material in this rule was previously filed with the state records center as:

SCC 68-16, N.M. Motor Carrier Act, Rules and Regulations, effective Sept. 1, 1967, filed on 3/14/1968;

SCC 71-6, N.M. Motor Carrier Act, Rules and Regulations, effective July 1, 1971, filed on 9/21/1971;

SCC 73-1, N.M. Motor Carrier Act, Rules and Regulations, filed on 6/14/1973;

SCC 74-1, N.M. Motor Carrier Act, Rules and Regulations, effective July 1, 1973, filed on 2/5/1974;

SCC 75-1, N.M. Motor Carrier Act, Rules and Regulations, effective Jan. 1, 1975, filed on 4/17/1975;

SCC 75-3, N.M. Motor Carrier Act, Rules and Regulations (Rev.), effective Jan. 1, 1975, filed on 9/19/1975;

SCC 76-1, N.M. Motor Carrier Act, Rules and Regulations, effective April 1, 1976, filed on 4/15/1976;

SCC 77-1, N.M. Motor Carrier Act, Rules and Regulations, effective Jan. 1, 1977, filed on 1/25/1977;

SCCMC Rule No. 4, Application for Certificates and Permits, filed on 3/5/1982;

SCCMC Rule No. 25, Pet Animals, filed on 3/5/1982;

SCCMC Rule No. 27, Bus Express, filed on 3/5/1982;

SCCMC Rule No. 32, Continuous and Adequate Service, filed on 3/5/1982;

SCCMC Rule No. 33, Business-Like Operations, filed on 3/5/1982;

SCCMC Rule No. 43, Hearing on Application-Public Notice, filed on 3/5/1982;

SCC Rule 207, Emergency Rule Governing Motor Carriers of Property, filed on 1/5/1993;

SCC Rule 211, General Operating Authority Provisions, filed on 1/5/1993;

SCC Rule 212, Certificates of Public Convenience and Necessity for Common Motor Carriers, filed on 1/5/1993;

SCC Rule 213, Permits for Contract Motor Carriers, filed on 1/5/1993;

SCC Rule 214, Warrants for Limited Operating Authority, filed on 1/5/1993;

SCC Rule 216, Licenses for Transportation Brokers, filed on 1/5/1993

SCC Rule 217, Emergency and Temporary Authority, filed on 1/5/1993;

SCC Rule 221, Tariffs, Rates and Schedules, filed on 1/5/1993;

SCC Rule 231, General Compliance Requirements, filed on 1/5/1993;

SCC Rule 251, Motor Carriers of Persons-General Provisions, filed on 1/5/1993;

SCC Rule 261, Motor Carriers of Property-General Provisions, filed on 1/5/1993;

SCC Rule 273, Administrative Enforcement Proceedings, filed on 1/5/1993.

History of Repealed Material:

SCC Rule 207, Emergency Rule Governing Motor Carriers of Property (filed 1/5/1993) repealed 12/30/2002.

SCC Rule 211, General Operating Authority Provisions (filed 1/5/1993) repealed 12/30/2002.

SCC Rule 212, Certificates of Public Convenience and Necessity for Common Motor Carriers (filed 1/5/1993) repealed 12/30/2002.

SCC Rule 213, Permits for Contract Motor Carriers (filed 1/5/1993) repealed 12/30/2002.

SCC Rule 214, Warrants for Limited Operating Authority (filed 1/5/1993) repealed 12/30/2002.

SCC Rule 216, Licenses for Transportation Brokers (filed 1/5/1993) repealed 12/30/2002.

SCC Rule 217, Emergency and Temporary Authority (filed 1/5/1993) repealed 12/30/2002.

SCC Rule 221, Tariffs, Rates and Schedules (filed 1/5/1993) repealed 12/30/2002.

SCC Rule 231, General Compliance Requirements (filed 1/5/1993) repealed 12/30/2002.

SCC Rule 251, Motor Carriers of Persons-General Provisions (filed 1/5/1993) repealed 12/30/2002.

SCC Rule 261, Motor Carriers of Property-General Provisions (filed 1/5/1993) repealed 12/30/2002.

SCC Rule 273, Administrative Enforcement Proceedings (filed 1/5/1993) repealed 12/30/2002.

18.3.2 NMAC, Motor Carrier General Provisions - Operating Authorities (filed 12-16-04); repealed 2/13/2015.

18.3.2 NMAC, Motor Carrier General Provisions - Operating Authorities (filed 1/28/2015); repealed 7/1/2024.

Other History:

SCC Rule 207, Emergency Rule Governing Motor Carriers of Property (filed 1/5/1993); SCC Rule 211, General Operating Authority Provisions (filed 1/5/1993); SCC Rule 212, Certificates of Public Convenience and Necessity for Common Motor Carriers (filed 1/5/1993); SCC Rule 213, Permits for Contract Motor Carriers (filed 1/5/1993); SCC Rule 214, Warrants for Limited Operating Authority (filed 1/5/1993); SCC Rule 216, Licenses for Transportation Brokers (filed 1/5/1993); SCC Rule 217, Emergency and Temporary Authority (filed 1/5/1993); SCC Rule 221, Tariffs, Rates and Schedules (filed 1/5/1993); SCC Rule 231, General Compliance Requirements (filed 1/5/1993); SCC Rule 251, Motor Carriers of Persons-General Provisions (filed 1/5/1993); SCC Rule 261, Motor Carriers of Property-General Provisions (filed 1/5/1993); and SCC Rule 273, Administrative Enforcement Proceedings (filed 1/5/1993) all replaced by 18.3.2 NMAC, Operating Authorities, effective12/30/2002.

18.3.2 NMAC, Operating Authorities (filed 12-16-04) was replaced by 18.3.2 NMAC, Operating Authorities, effective 2/13/2015.

18.3.2 NMAC, Operating Authorities (filed 1/28/2015) was replaced by 18.3.2 NMAC, Operating Authorities, effective 7/1/2024.

History

18.3.2.14 NMAC - Rp, 18.3.2.9, & 18.3.2.20 through 18.3.2.24 NMAC, 7/1/2024

Part 3 Financial Responsibility

N.M. Admin. Code § 18.3.3.1 Issuing Agency

New Mexico Department of Transportation.

History

18.3.3.1 NMAC - Rp, 18.3.3.1 NMAC, 7/1/2024

N.M. Admin. Code § 18.3.3.2 Scope

This rule applies to all motor carriers subject to the jurisdiction of the department.

History

18.3.3.2 NMAC - Rp, 18.3.3.2 NMAC, 7/1/2024

N.M. Admin. Code § 18.3.3.3 Statutory Authority

Sections 65-2A-4, 65-2A-12, 65-2A-18 and 65-2A-27 NMSA 1978, and 2023 N.M. Laws, Chapter 100, Section 81.

History

18.3.3.3 NMAC - Rp, 18.3.3.3 NMAC, 7/1/2024

N.M. Admin. Code § 18.3.3.4 Duration

Permanent.

History

18.3.3.41 NMAC - Rp, 18.3.3.4 NMAC, 7/1/2024

N.M. Admin. Code § 18.3.3.5 Effective Date

July 1, 2024, unless a later date is cited at the end of a section.

History

18.3.3.5 NMAC - Rp, 18.3.3.5 NMAC, 7/1/2024

N.M. Admin. Code § 18.3.3.6 Objective

The purpose of this rule is to implement Section 65-2A-18 NMSA 1978.

History

18.3.3.6 NMAC - Rp, 18.3.3.6 NMAC, 7/1/2024

N.M. Admin. Code § 18.3.3.7 Definitions

See 18.3.1.7 NMAC.

History

18.3.3.7 NMAC - Rp, 18.3.3.7 NMAC, 7/1/2024

N.M. Admin. Code § 18.3.3.8 Proof of Financial Responsibility

Every motor carrier must ensure that the minimum required financial responsibility is on file with the department during all periods of operation. The insurance policy must be in the exact legal and "doing business as" name of the motor carrier and be endorsed with the expiration date of "until canceled". Insurance companies are required to submit the uniform filing forms directly to the department.

A. Bodily injury and property damage coverage: The following documents are accepted:

(1) a uniform filing “form E” submitted to the department by an insurance company authorized to transact insurance business in New Mexico; or

(2) a uniform filing “form G” for a surety bond issued by a company authorized to do surety business in New Mexico; or

(3) a copy of the motor carrier’s self-insured policy.

B. Cargo liability coverage: A uniform filing “form H” submitted to the department by a company authorized to transact insurance business in New Mexico.

History

18.3.3.8 NMAC - Rp, 18.3.3.8 NMAC, 7/1/2024

N.M. Admin. Code § 18.3.3.9 Penalties for Canceled or Insufficient Coverage

Insurance companies are required to timely submit all uniform filing forms to the department directly. Copies of coverage submitted by the motor carrier will not serve as proof of coverage. Anyone aggrieved by the action or omission of an insurance company related to these required filings may file a consumer complaint with the office of superintendent of insurance (www.osi.state.nm.us).

A. Immediate suspension: A motor carrier’s operating authority is subject to immediate suspension for lack of financial responsibility if, for any reason, its current coverage is not on file with the department or does not meet the minimum requirements.

B. Warrant revocation: A warrant holder’s operating authority is subject to immediate revocation if, for any reason, its coverage is not on file with the department for a period of four consecutive months.

History

18.3.3.9 NMAC - N, 7/1/2024

N.M. Admin. Code § 18.3.3.10 Minimum Insurance Coverage

A. Passenger services: Motor carriers of passenger services must maintain the minimum levels of coverage required by 49 CFR 387.33, except that taxicab services utilizing vehicles with seating capacities of six or fewer passengers (including the driver) must maintain a combined single-limit policy of one million dollars ($1,000,000) per occurrence. This taxicab exception to the minimum coverage expires on June 30, 2025. Taxicab services failing to ensure full compliance with the minimum coverage requirements of 49 CFR 387.33 on or before July 1, 2025, will be subject to penalties as provided by law, to include immediate suspension.

B. Property services: Towing services, household goods movers, and motor carriers of property (including hazardous materials) must maintain the minimum levels of coverage, as required by 49 CFR 387.9 and 49 CFR 303(b)(2). In addition:

(1) Towing services must maintain fifty thousand dollars ($50,000) of both on-the-hook and garage-keepers' liability insurance.

(2) Household goods carriers must maintain fifty thousand dollars ($50,000) cargo liability insurance per shipper for loss or damage to cargo of the shipper.

History

18.3.3.10 NMAC - Rp, 18.3.3.10 NMAC, 7/1/2024

N.M. Admin. Code § 18.3.3.11 Maximum Deductible Limit

No insurance policy shall have a deductible in excess of five thousand dollars ($5,000), unless the department approves a higher deductible for a motor carrier that provides:

A. a surety bond in an amount equal to the difference between five thousand dollars ($5,000) and the amount of the higher deductible; or

B. a copy of the motor carrier’s self-insured policy coverage for an amount equal to or greater than the amount of the higher deductible.

18.3.3.12 - 14 [RESERVED]

HISTORY OF 18.3.3 NMAC:

Pre-NMAC History. The material in this rule was previously filed with the State Records Center as:

SCC 68-16, N.M. Motor Carrier Act, Rules and Regulations, effective Sept. 1, 1967, filed on 3-14-68;

SCC 71-6, N.M. Motor Carrier Act, Rules and Regulations, effective July 1, 1971, filed on 9-21-71;

SCC 73-1, N.M. Motor Carrier Act, Rules and Regulations, filed on 6/14/1973;

SCC 74-1, N.M. Motor Carrier Act, Rules and Regulations, effective July 1, 1973, filed on 2/5/1974;

SCC 75-1, N.M. Motor Carrier Act, Rules and Regulations, effective Jan. 1, 1975, filed on 4/17/1975;

SCC 75-3, N.M. Motor Carrier Act, Rules and Regulations (Rev.), effective Jan. 1, 1975, filed on 9/19/1975;

SCC 76-1, N.M. Motor Carrier Act, Rules and Regulations, effective April 1, 1976, filed on 4/15/1976;

SCC 77-1, N.M. Motor Carrier Act, Rules and Regulations, effective Jan. 1, 1977, filed on 1/25/1977;

SCCMC Rule No. 30, Insurance, filed on 3/5/1982;

SCCMC Rule No. 41, Uniform Standards, filed on 3/5/1982;

SCC Rule 231, General Compliance Requirements, filed on 1/5/1993;

SCC Rule 232, Insurance Requirements, filed on 1/5/1993.

History of Repealed Material.

SCC Rule 231, General Compliance Requirements, filed on 1/5/1993;

SCC Rule 232, Insurance Requirements, filed on 1/5/1993.

18.3.3 NMAC, Motor Carrier General Provisions - Financial Responsibilities, filed 12/10/2002, repealed 2/13/2015

18.3.3 NMAC, Motor Carrier General Provisions - Financial Responsibilities, filed 1/28/2015, repealed 7/1/2024.

Other: 18.3.3 NMAC, Motor Carrier General Provisions - Financial Responsibilities, filed 1/28/2015, Replaced by

18.3.3 NMAC, Motor Carrier General Provisions - Financial Responsibilities, effective 7/1/2024.

History

18.3.3.11 NMAC - Rp, 18.3.3.12 NMAC, 7/1/2024

Part 4 Safety Requirements

N.M. Admin. Code § 18.3.4.1 Issuing Agency

New Mexico Department of Transportation.

History

18.3.4.1 NMAC - Rp, 18.3.4.1 NMAC, 6/24/2025

N.M. Admin. Code § 18.3.4.2 Scope

This rule applies to all motor carriers subject to the jurisdiction of the department.

History

18.3.4.2 NMAC - Rp, 18.3.4.2 NMAC, 6/24/2025

N.M. Admin. Code § 18.3.4.3 Statutory Authority

Sections 65-2A-4, 65-2A-19 and 65-6-4 NMSA 1978, and 2023 N.M. Laws, Chapter 100, Section 81.

History

18.3.4.3 NMAC - Rp, 18.3.4.3 NMAC, 6/24/2025

N.M. Admin. Code § 18.3.4.4 Duration

Permanent.

History

18.3.4.4 NMAC - Rp, 18.3.4.4 NMAC, 6/24/2025

N.M. Admin. Code § 18.3.4.5 Effective Date

June 24, 2025, unless a later date is cited at the end of a section.

History

18.3.4.5 NMAC - Rp, 18.3.4.5 NMAC, 6/24/2025

N.M. Admin. Code § 18.3.4.6 Objective

The purpose of this rule is to implement Sections 65-2A-19 and 65-6-4 NMSA 1978 by establishing safety requirements for drivers, motor vehicles, and motor carriers.

History

18.3.4.6 NMAC - Rp, 18.3.4.6 NMAC, 6/24/2025

N.M. Admin. Code § 18.3.4.7 Definitions

As used in this rule:

A. CDL driver means a driver who is required by 49 CFR 383.3 or Section 66-5-59 NMSA 1978 to have a commercial driver’s license;

B. driver means a person who drives a motor vehicle as, for, or on behalf of a motor carrier;

C. MVD means the motor vehicle division of the New Mexico taxation and revenue department.

History

18.3.4.7 NMAC - Rp, 18.3.4.7 NMAC, 6/24/2025

N.M. Admin. Code § 18.3.4.8 Availability of Cited Material

The sections of the code of federal regulations cited in this rule may be found on the government printing office website at http://www.gpoaccess.gov/cfr/.

History

18.3.4.8 NMAC - Rp, 18.3.4.8 NMAC, 6/24/2025

N.M. Admin. Code § 18.3.4.9 Substitution of Terms Adopted from Federal Law

Wherever the following terms appear in a part or section of title 49 of the code of federal regulations (CFR), for purposes of this rule and as adopted by reference in this rule, these federal terms shall be read as if substituted by the terms provided below.

A. for the terms “commerce” and “interstate commerce”, substitute “intrastate commerce,” as it is defined in 49 CFR Section 390.5;

B. for the terms “commercial motor vehicle”, “bus”, “truck”, and “truck tractor”, substitute “motor vehicle,” as defined in Section 65-2A-3 NMSA 1978, except for when these terms are used in 49 CFR Section 391.21(b)(11). For purposes of this rule, the term “motor vehicle” shall not be understood to include any limitations based on gross combination weight rating, gross vehicle weight rating, or passenger seating capacity; and

C. for the abbreviation “FMCSA” (federal motor carrier safety administration), substitute “department of transportation” or “DOT”.

History

18.3.4.9 NMAC - Rp, 18.3.4.9 NMAC, 6/24/2025

N.M. Admin. Code § 18.3.4.10 Requirements Applicable to All Drivers

Motor carriers shall require and ensure that all drivers in their service, including themselves, comply with the duties and prohibitions of these rules.

A. Drug and alcohol programs and testing for drivers: This rule adopts by reference 49 CFR Part 40 in its entirety, and 49 CFR Section 382, except for Sections 382.117 and 382.119.

B. Hours of service: Ambulance services shall adopt and enforce a policy governing hours of service for their drivers. For other motor carriers the following restrictions apply to:

(1) drivers operating for taxicab services, non-emergency medical transportation services, specialized passenger services, and intrastate shuttle service with passenger capacity of 15 or less, a driver shall not drive the service vehicle for more than 12 hours out of any 24 hour period;

(2) all other drivers, this rule adopts by reference 49 CFR Part 395, except that section 395.1(e)(1) is amended to add: “or operates in intrastate commerce within a 150 air-mile radius of the normal work reporting location.”

C. Criminal and driver background reports: Prior to hiring or contracting with a potential driver, and every five years thereafter, all motor carriers shall obtain a national fingerprint based background check and a nationwide motor vehicle report (MVR) to review that candidate’s prior record for any relevant public safety violations. For household goods service carriers, a national fingerprint based background report is additionally required for each employee entering private dwellings.

History

18.3.4.10 NMAC - Rp, 18.3.4.10 NMAC, 6/24/2025

N.M. Admin. Code § 18.3.4.11 Requirements Applicable Only to Cdl Drivers

A. Commercial drivers’ licenses: This rule adopts by reference the New Mexico commercial driver’s license act, Sections 66-5-52 through 66-5-72 NMSA 1978.

B. Qualifications of drivers and longer combination vehicle (LCV) driver instructors: This rule adopts by reference 49 CFR Part 391, with the following changes:

(1) Section 391.11(b)(1) is amended to add: “or is 18 years old and drives only in intrastate commerce motor vehicles that are not required to be placarded for hazardous materials;”

(2) Section 391.15 is not adopted;

(3) Section 391.49(a) is amended to add: “or the director of MVD has granted a waiver to that person pursuant to 18.19.5.33 NMAC.”

C. Driving of commercial motor vehicles: This rule adopts by reference 49CFR Part 392 in its entirety.

D. Parts and accessories necessary for safe operation: This rule adopts by reference 49 CFR Part 393 in its entirety.

E. Inspection, repair and maintenance: This rule adopts by reference 49 CFR Part 396 in its entirety.

F. Transportation of hazardous material; driving and parking rules: This rule adopts by reference 49 CFR Part 397 in its entirety.

History

18.3.4.11 NMAC - Rp, 18.3.4.11 NMAC, 6/24/2025

N.M. Admin. Code § 18.3.4.12 Requirements Applicable Only to Non-Cdl Drivers

A. Operators’ licenses: is rule adopts by reference the licensing provisions of the New Mexico motor vehicle code, Sections 66-5-1 through 66-5-48, NMSA 1978.

B. Qualifications, investigations, inquiries, reporting, and records for all drivers of certificated motor carriers:

(1) Before allowing a transportation service driver to provide carriage, and every five years after hire:

(a) the prospective driver shall submit an application to the transportation service that includes the individual's address, age, driver's license number and state, and driving history;

(b) the transportation service shall obtain a local and national fingerprint based background check for the prospective driver that shall include:

(i) multistate or multi-jurisdiction criminal records locator or other similar commercial nationwide database with validation and primary source search; and

(ii) a national sex offender registry; and

(iii) the transportation service shall obtain and review a driving history research report for the prospective driver.

(2) A transportation service shall not permit a person to act as a transportation service driver who:

(a) has had more than three moving violations in the preceding three-year period or one violation in the preceding three-year period involving any attempt to evade law enforcement, reckless driving or driving on a suspended or revoked license;

(b) has been convicted within the past seven years of:

(i) a felony;

(ii) misdemeanor driving under the influence, reckless driving, leaving the scene of an accident or any other driving-related offense or any misdemeanor violent offense or sexual offense; or

(d) is identified by a national sex offender registry;

(e) does not possess a valid license; or

(f) is not at least 18 years old.

(3) Provided that passenger services may voluntarily adopt and implement other more stringent policies and procedures for passenger vehicles and drivers of passenger vehicles, including full or modified forms of federal safety policies and procedures.

C. Qualifications of drivers: This rule adopts by reference only the following specific sections of 49 CFR Part 391:

(1) general qualifications of drivers: Section 391.11(b)(8);

(2) application for employment: Section 391.21;

(3) investigations and inquiries: Section 391.23, except that

Section 391.23(d)(2) the term “as specified in section 390.15(b)(1) of this chapter” is substitute for this rule by the term, “in the uniform crash report form prescribed by the state of New Mexico”;

(4) annual inquiry and review of driving record: Section 391.25, except that:

(a) Subsections 391.25(a) and (b) are amended to delete: “Except as provided in subpart G of this part;”

(b) Section 391.25 shall not apply to volunteer drivers;

(5) record of violations: Section 391.27, except that section 391.27(a) is amended to delete: “Except as provided in subpart G of this part;”

(6) road test: Section 391.31, except that section 391.31(a) is amended to delete: “Except as provided in subpart G;”

(7) equivalent of road test: Section 391.33; except that an ambulance service may also accept from a person who seeks to drive an ambulance a copy of a certificate of completion from an emergency vehicle operator’s course approved by the emergency medical services (EMS) bureau of the department of health (DOH);

(8) physical qualifications for drivers: Section 391.41, except that drivers for ambulance are exempt from Section 391.41(a);

(9) medical examinations; certificate of physical examination: Section 391.43, except that for volunteer drivers of ambulance services only, the medical examiner (as defined in 49 CFR Section 390.5) shall perform a medical examination sufficient to enable the medical examiner to certify, in accordance with Subsection C of 18.19.5.33 NMAC, whether or not the driver has a condition that may interfere with the safe operation of an ambulance;

(10) persons who must be medically examined and certified: Section 391.45, except that this section shall not apply to volunteer drivers;

(11) general requirements for driver qualification files: Section 391.51, except that Subsections 391.51(b)(8) and (d)(5) are not adopted;

(12) driver investigation history file: Section 391.53, except that this section shall not apply to commuter services.

D. Driving of commercial motor vehicles: This rule adopts by reference the following sections of 49 CFR Part 392:

(1) ill or fatigued operator: Section 392.3;

(2) drugs and other substances: Section 392.4;

(3) alcohol prohibition: Section 392.5;

(4) emergency equipment, inspection and use: Section 392.8, except that this section is amended to substitute “Section 66-3-849 NMSA 1978”, certain vehicles to carry flares or other warning devices, for the federal reference to “Section 393.95”;

(5) inspection of cargo, cargo securement devices and systems: Section 392.9, except that this section shall only apply to a motor vehicle with a gross vehicle weight rating of 10,000 pounds or more;

(6) hazardous conditions; extreme caution: Section 392.14, except that this section shall not apply to ambulance services;

(7) use of seat belts: Section 392.16;

(8) obscured lamps or reflectors: Section 392.33;

(9) ignition of fuel; prevention: Section 392.50;

(10) safe operation, buses: Section 392.62;

(11) towing or pushing loaded buses: Section 392.63;

(12) riding within closed commercial motor vehicles without proper exits: Section 392;

(13) carbon monoxide; use of commercial motor vehicle when detected: Section 392.66;

(14) radar detectors; use and/or possession: Section 392.71.

E. Equipment for vehicles, seatbelts and child restraints: This rule adopts by reference Sections 66-3-801 through 66-3-901 NMSA 1978. In addition, passenger vehicles capable of transporting 15 or fewer persons including the driver shall provide a separate seat belt assembly for each passenger and shall ensure child restraint systems comply with all federal and state requirements.

F. Inspection, repair and maintenance for vehicles: This rule adopts by reference the following sections of 49 CFR Part 396:

(1) inspection, repair and maintenance: Section 396.3, but this section shall not apply to commuter services;

(2) lubrications: Section 396.5;

(3) driver vehicle inspection reports: Section 396.1;

(4) driver inspection: Section 396.13;

(5) periodic inspection: Section 396.17;

(6) inspector qualifications: Section 396.19;

(7) periodic inspection recordkeeping requirements: Section 396.21;

(8) equivalent to periodic inspection: Section 396.23(a);

(9) qualifications of brake inspectors: Section 396.25.

History

18.3.4.12 NMAC - Rp, 18.3.4.12 NMAC, 6/24/2025

N.M. Admin. Code § 18.3.4.13 Identification of Equipment

A. Issuance: The department shall assign a operating authority number to each motor carrier service when it issues an operating authority. Any operating authority number issued shall be displayed as required by this rule.

B. Display: The letters and numbers must be not less than one-half inch (1/2") wide and not less than two and one-half inches (2 1/2") high. The operating authority number will be displayed in the following manner: "NM 123".

(1) Placement on limousines: The NM operating authority number must be distinctly displayed on the front and rear bumpers of each limousine operated in New Mexico.

(2) Placement on all other motor vehicles: The name or d/b/a name of the motor carrier or commuter service and the NM operating authority number must be distinctly displayed and permanently affixed to the right and left doors, or sides of the power unit, of each motor vehicle operated in New Mexico, except that for motor vehicles leased or rented for authorized operations the required display need not be permanently affixed.

C. Exceptions:

(1) Interstate motor carriers that display a federal operating authority number are not required to display the NM operating authority number.

(2) Intrastate motor carriers that display a New Mexico safety identification number issued by the MVD are not required to display the NM operating authority number.

History

18.3.4.13 NMAC - Rp, 18.3.4.13 NMAC, 6/24/2025

N.M. Admin. Code § 18.3.4.14 Equipment Standards

A. Minimum Equipment Standards: A motor carrier shall only use equipment for vehicles that is produced and constructed by a manufacturer of such equipment that regularly produces such equipment of guaranteed quality. The department may approve the use of non-guaranteed equipment only if the motor carrier submits a written request for use of such equipment accompanied by a verified statement from a reputable testing laboratory regularly engaged in the testing of the same equipment to certify that the equipment is appropriate for the intended purpose. The motor carrier shall bear all costs of testing and certification.

B. Equipment, inspection, repair and maintenance for all certificated vehicles:

(1) A transportation service shall not use a passenger vehicle that:

(a) is not in compliance with all federal, state and local laws concerning the operation and maintenance of the motor vehicle;

(b) has fewer than four doors, except for shuttle service; or

(2) A transportation service shall inspect or cause to be inspected every motor vehicle used by a driver to provide transportation services before allowing the driver to use the motor vehicle to provide transportation services and not less than once each year thereafter.

History

18.3.4.14 NMAC - Rp, 18.3.4.14 NMAC, 6/24/2025

N.M. Admin. Code § 18.3.4.15 Ambulance Service Waiver

Pursuant to Section 65-6-4 NMSA 1978, and upon written request showing good cause, the department may waive the requirements of this rule with respect to individual ambulance service providers.

History of 18.3.4 NMAC:

Pre-NMAC history. The material in this rule was previously filed with the state records center as:

SCCMC Rule No. 3, Hours of Service, filed on 3/5/1982;

SCCMC Rule No. 6, Qualifications of Drivers, filed on 3/5/1982;

SCCMC Rule No. 7, Driving of Motor Vehicles, filed on 3/5/1982;

SCCMC Rule No. 8, Emergency Equipment, filed on 3/5/1982;

SCCMC Rule No. 9, Securing of Load and Equipment, filed on 3/5/1982;

SCCMC Rule No. 11, Emergency Signals, filed on 3/5/1982;

SCCMC Rule No. 12, Head Lamps and Auxiliary Road Lighting Lamps, filed on 3/5/1982;

SCCMC Rule No. 13, Brakes, filed on 3/5/1982;

SCCMC Rule No. 14, Equipment Required on Certain Vehicles, filed on 3/5/1982;

SCCMC Rule No. 15, Windshields Must be Unobstructed and Equipped with Wipers, filed on 3/5/1982;

SCCMC Rule No. 16, Mirrors, filed on 3/5/1982;

SCCMC Rule No. 17, Horns and Warning Devices, filed on 3/5/1982;

SCCMC Rule No. 37, Slick Tires, filed on 3/5/1982;

SCCMC Rule No. 39, Identification of Equipment, filed on 3/5/1982;