Motor Carrier Safety

NMSA 1978 ch. 65, art. 3

in effect

NMSA 1978, § 65-3-1 Short title

65-3-1. Short title Sections 65-3-1 through 65-3-13 [65-3-14] NMSA 1978 may be cited as the "Motor Carrier Safety Act". 1978 Comp., § 65-3-1, enacted by Laws 1989, ch. 201, § 2.

NMSA 1978, § 65-3-2 Purpose

65-3-2. Purpose The legislature finds that highway safety is of utmost public concern. The purpose of the Motor Carrier Safety Act is to protect the New Mexico traveling public by ensuring the safe operation of commercial motor carrier vehicles on New Mexico's highways. 1978 Comp., § 65-3-2, enacted by Laws 1989, ch. 201, § 3.

NMSA 1978, § 65-3-3 Applicability

65-3-3. Applicability A. Notwithstanding any provision of the Motor Vehicle Code [Chapter 66, Articles 1 to 8 NMSA 1978] to the contrary, the provisions of the Motor Carrier Safety Act and the regulations promulgated under that act shall apply to a commercial motor carrier vehicle operating on the public highways of New Mexico of a type that: (1) is operated interstate and has a gross vehicle weight rating or gross combination weight rating, or gross vehicle weight or gross combination weight, of four thousand five hundred thirty-six kilograms, or ten thousand one pounds or more; or 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 twenty-six thousand one or more pounds; (2) is designed or used to transport more than eight passengers, including the driver, and is used to transport passengers for compensation; (3) is designed or used to transport more than fifteen passengers, including the driver, and is not used to transport passengers for compensation; or (4) is used to transport hazardous materials of the type or quantity requiring placarding under rules prescribed by applicable federal or state law. B. Whenever a commercial motor carrier vehicle of one type is used to perform the functions normally performed by a motor vehicle of another type, the requirements of the Motor Carrier Safety Act shall apply to that motor vehicle and to its operation as if that motor vehicle were actually a motor vehicle of the latter type. C. Whenever a duty is prescribed for a driver or a prohibition is imposed upon the driver pursuant to the provisions of the Motor Carrier Safety Act, it shall be the duty of the motor carrier to require observance of such prescription or prohibition. If the motor carrier is also the driver, the motor carrier shall likewise be bound. 1978 Comp., § 65-3-3, enacted by Laws 1989, ch. 201, § 4; 1992, ch. 106, § 17; 2003, ch. 10, § 2.

NMSA 1978, § 65-3-4 Regulations; inspections

65-3-4. Regulations; inspections A. The secretary is directed to adopt in accordance with Section 65-1-10 NMSA 1978 [repealed] necessary rules and regulations under the Motor Carrier Safety Act as they apply to motor carrier safety. Such rules and regulations shall not be inconsistent with or more stringent than applicable federal safety standards. B. The department is authorized to inspect at the motor carrier's place of business those safety records required to be retained by the motor carrier pursuant to the provisions of the Motor Carrier Safety Act. 1978 Comp., § 65-3-4, enacted by Laws 1989, ch. 201, § 5; 1992, ch. 106, § 18.

NMSA 1978, § 65-3-5 Violation of act; penalty

65-3-5. Violation of act; penalty A. Any person who violates the provisions of the Motor Carrier Safety Act is guilty of a misdemeanor and shall be punished by a fine not exceeding five hundred dollars ($500) or thirty days in jail, or both. B. The director may, by regulation, authorize a penalty assessment program to impose penalties under the provisions of the Motor Carrier Safety Act. 1978 Comp., § 65-3-4, enacted by Laws 1989, ch. 201, § 6.

NMSA 1978, § 65-3-7 Qualifications of drivers

65-3-7. Qualifications of drivers A. A person shall not drive a motor vehicle unless the person is qualified to drive a motor vehicle, and a motor carrier shall not require or permit a person to drive a motor vehicle unless that person is qualified to drive a motor vehicle. B. A person is qualified to drive a commercial motor carrier vehicle if the person: (1) is at least: (a) twenty-one years old; or (b) eighteen years old if involved only in intrastate commerce and drives only within the boundaries of the state of New Mexico; (2) is physically qualified to drive a motor vehicle; (3) is not disqualified from driving a motor vehicle; (4) has been issued a currently valid motor vehicle operator's license or permit of the proper class for the vehicle that the person is driving; (5) can, by reason of experience, training or both, safely operate the type of motor vehicle that the person drives; and (6) can, by reason of experience, training or both, determine whether the cargo that the person transports is properly located, distributed and secured in or on the motor vehicle that the person drives. C. The director shall adopt regulations requiring motor carriers to maintain appropriate records pertaining to the qualifications of every commercial motor carrier vehicle driver in its employ, either regularly or casually. Such regulations shall not be inconsistent with or more stringent than applicable federal safety standards. D. The director is authorized to adopt specific exceptions for the qualifications of drivers under the Motor Carrier Safety Act for drivers of articulated farm vehicles and intrastate drivers of motor vehicles transporting combustible liquids. 1978 Comp., § 65-3-7, enacted by Laws 1989, ch. 201, § 7; 2009, ch. 200, § 1.

NMSA 1978, § 65-3-8 Equipment; loading; driving; unsafe practices

65-3-8. Equipment; loading; driving; unsafe practices A. No person shall drive a motor vehicle, and no motor carrier shall be required or permit a person to drive a motor vehicle, unless the driver has satisfied himself that: (1) all safety-related parts and accessories are in good working order; (2) the cargo and equipment are properly distributed and secured; and (3) the cargo and equipment do not obscure the driver's vision or range of motion. B. The director shall adopt regulations, not inconsistent with nor more stringent than applicable federal safety standards concerning: (1) the care and safety of stopped and disabled vehicles and the use of emergency signals; (2) restrictions on and eliminations of unsafe practices pertaining to the operation of vehicles; (3) the transportation of unauthorized persons and the driving of a vehicle by an unauthorized driver; (4) the use and operation of a vehicle in which carbon monoxide has been detected in the cab or sleeper berth; (5) procedures and precautions required for safe fueling of motor vehicles; (6) requirements for wearing corrective lenses and hearing aids when needed to meet physical qualifications; and (7) requirements for and use of lighted lamps on the highway. 1978 Comp., § 65-3-8, enacted by Laws 1989, ch. 201, § 8.

NMSA 1978, § 65-3-9 Commercial motor vehicles; equipment; regulations

65-3-9. Commercial motor vehicles; equipment; regulations The director shall adopt regulations not inconsistent with or more stringent than applicable federal safety standards concerning the following parts and accessories necessary for the safe operation of a commercial motor carrier: A. lighting devices, reflectors and electrical equipment; B. brake systems and performance; C. glazing and window obstructions; D. fuel systems; E. coupling devices and towing methods; F. tires and wheels; G. heaters; H. exhaust systems; I. frames and body components; J. suspension systems; K. steering systems; L. cargo securement; M. emergency safety equipment; and N. any other miscellaneous parts and accessories he deems necessary. 1978 Comp., § 65-3-9, enacted by Laws 1989, ch. 201, § 9.

NMSA 1978, § 65-3-10 Notification, reporting and recording of accidents

65-3-10. Notification, reporting and recording of accidents The director shall adopt rules and regulations not inconsistent with or more stringent than applicable federal safety standards concerning records and reports required to be made and kept by motor carriers of accidents which occur during their operations. Nothing in this section shall alter the requirements that drivers of commercial motor carrier vehicles report accidents under Section 66-7-201 NMSA 1978. 1978 Comp., § 65-3-10, enacted by Laws 1989, ch. 201, § 10.

NMSA 1978, § 65-3-11 Hours of service of drivers

65-3-11. Hours of service of drivers The director shall adopt rules and regulations not inconsistent with nor more stringent than applicable federal safety standards concerning the hours of service of drivers. A. These regulations shall include but not be limited to maximum driving and on-duty time, travel time, maintenance of a driver's log or record of duty status, adverse driving conditions, emergency conditions and emergency transportation. B. These regulations shall authorize a driver to be placed out-of-service for driving or working too many hours or any other conditions identified in federal safety standards and found by the director to contribute to unsafe operations. The out-of-service conditions shall preclude a driver from driving until the condition for placing the driver out-of-service is remedied. 1978 Comp., § 65-3-11, enacted by Laws 1989, ch. 201, § 11.

NMSA 1978, § 65-3-12 Repair and maintenance

65-3-12. Repair and maintenance The director shall adopt rules and regulations concerning the systematic inspection, repair and maintenance of all commercial motor carrier vehicles. The regulations shall not be inconsistent with or more stringent than applicable federal safety standards. A. The regulations shall provide for: (1) proper lubrication and absence of oil and grease leaks; (2) inspection of motor vehicles in operation by certified inspectors of the division at ports of entry, at suitable locations along the highway and at a carrier's place of business; (3) driver's vehicle inspection reports; (4) periodic vehicle inspection by the motor carrier, by a certified inspector of the division or by another inspector authorized by the director; (5) inspector qualifications; (6) minimum periodic inspection standards; and (7) record-keeping associated with these requirements. B. These regulations shall authorize a vehicle to be placed out-of-service because of mechanical or operational dysfunction causing a vehicle to be unsafe. The out-of-service condition shall preclude the use of the vehicle until the condition for placing the vehicle out-of-service is remedied. C. Motor carriers shall make safety-related records available to division enforcement personnel upon request. 1978 Comp., § 65-3-12, enacted by Laws 1989, ch. 201, § 12.

NMSA 1978, § 65-3-13 Transportation of hazardous materials

65-3-13. Transportation of hazardous materials The director shall adopt regulations not inconsistent with or more stringent than applicable federal safety standards concerning the safe transportation of hazardous materials, including hazardous substances and waste. A. These regulations shall include but not be limited to: (1) marking; (2) labeling; (3) placarding; (4) shipping documents; (5) hazardous material packaging; (6) driving; (7) parking; (8) attendance and surveillance of motor vehicles; (9) smoking; (10) fueling; (11) checking tires; (12) loading and securement; (13) cargo tanks; (14) damaged and leaking packagings and containers; (15) maintenance of emergency instructions and documents; and (16) avoidance of heavily populated areas and open fires. B. These regulations shall authorize a vehicle to be placed out-of-service because of an unsafe condition relating to the hazardous materials being transported. The out-of-service condition shall preclude the movement of the vehicle until the unsafe condition is remedied. 1978 Comp., § 65-3-13, enacted by Laws 1989, ch. 201, § 13.

NMSA 1978, § 65-3-14 Drug and alcohol testing program; report of positive test

65-3-14. Drug and alcohol testing program; report of positive test A. A motor carrier shall have an in-house drug and alcohol testing program that meets the requirements of 49 C.F.R. part 382 or be a member of a consortium, as defined in 49 C.F.R. part 382.107, that provides testing that meets the requirements of 49 C.F.R. part 382. B. A person or entity specified in 49 C.F.R. part 382.103, who is not explicitly excepted by New Mexico law, is subject to the provisions of this section and shall report positive test results or a refusal to submit to a test pursuant to provisions in this section. A refusal to submit to a pre-employment test shall not be considered a violation of this section. C. When a person or entity specified in 49 C.F.R. part 382.103 determines that a positive test result is valid, the person or entity shall report the findings to the motor vehicle division of the taxation and revenue department. The motor vehicle division shall enter the report of a positive test result or refusal to submit to a test on the reported person's motor vehicle record so that it can be contained in the commercial driver's license information system pursuant to the New Mexico Commercial Driver's License Act [66-5-52 to 66-5-72 NMSA 1978]. D. The division shall keep the report of a positive test result or the refusal to submit to a test in the motor vehicle record of the driver for five years from the time the report was received by the motor vehicle division. E. The division shall seek reports from the federal commercial driver's license drug and alcohol clearinghouse for actions relating to commercial driver's licenses or commercial driver's permits. Laws 2007, ch. 151, § 1; 2009, ch. 200, § 2; 2023, ch. 70, § 2.

Source: New Mexico Compilation Commission (nmonesource.com)URL: https://nmonesource.com/nmos/nmsa-unanno/en/item/18568/index.doFetched: 10/20/2026