Procedures for Vehicles Entering or Leaving State

NMSA 1978 ch. 65, art. 5

in effect

NMSA 1978, § 65-5-1 Vehicles to stop at ports of entry; field enforcement; information; inspection

65-5-1. Vehicles to stop at ports of entry; field enforcement; information; inspection A. All commercial motor carrier vehicles shall enter, leave or travel through the state on designated highways and shall stop at every port of entry as designated by the division for manifesting and clearance stickers, except as provided in Subsection H of this section. B. An officer may enforce in the field the provisions of the Motor Transportation Act and the Motor Carrier Act [Chapter 65, Article 2A NMSA 1978] and perform inspections as provided in this section whenever the officer stops a commercial motor carrier vehicle after observing that the vehicle is in, or is being operated in, violation of those acts, the Motor Vehicle Code [Chapter 66, Articles 1 to 8 NMSA 1978] or the Criminal Code [Chapter 30 NMSA 1978]. C. The operator of a commercial motor carrier vehicle shall: (1) upon request, make out and deliver to the agent of the division at a port of entry or to an officer conducting field enforcement a manifest showing that part of the following information requested: (a) the point of origin of the shipment; (b) the ultimate destination of the shipment; and (c) the gross vehicle weight of the vehicle and cargo; (2) sign the manifest and present it to the agent at the port of entry or to the officer conducting field enforcement; and (3) present for inspection to the agent at the port of entry or the officer conducting field enforcement a copy of the billing or invoice describing the contents of the cargo and the weight of the cargo. D. The agent at the port of entry or the officer conducting field enforcement may verify the information contained upon the billing or invoice and shall: (1) check the license, permit, engine and serial numbers, weight and description of the vehicle; and (2) inspect the vehicle and ascertain whether it is in safe and road-worthy condition and properly equipped with all lights, brakes and other appliances required by law. E. The agent at the port of entry or officer conducting field enforcement may confirm the contents and weight of the cargo of a commercial motor carrier vehicle and interview the operator about the cargo and, if in doubt as to the declared gross weight, may order the cargo weighed before issuing any clearance certificate for the vehicle. F. The agent at the port of entry or the officer conducting field enforcement may inspect the contents of a commercial motor carrier vehicle to determine whether all taxes on gasoline and motor fuel and excise taxes on alcoholic liquors and all taxes on any other property have been fully paid. G. The agent at the port of entry or the officer conducting field enforcement may inspect a commercial motor carrier vehicle and its contents to determine whether they are in compliance with laws and rules regarding public safety, health, welfare and comfort. H. An agricultural product transport vehicle is excluded from the requirements of Subsection A of this section if the agricultural product transport vehicle has cleared the port of entry at least once and has successfully passed a commercial vehicle safety alliance level 1 inspection during the current harvest season. I. As used in this section, "agricultural product transport vehicle" means a motor vehicle, freight trailer or utility trailer or a combination thereof used exclusively for hauling agricultural products harvested by a farmer from the place of harvesting to market, storage or a processing plant. 1941 Comp., § 68-1527, enacted by Laws 1943, ch. 125, § 8; 1953 Comp., § 64-30-8; Laws 1967, ch. 97, § 37; 1977, ch. 250, § 96; 1983, ch. 142, § 1; 2008, ch. 63, § 1; 2011, ch. 101, § 2.

NMSA 1978, § 65-5-1.1 Joint ports of entry; intent; bilateral agreements

65-5-1.1. Joint ports of entry; intent; bilateral agreements A. It is the intent of the legislature to promote economic development and to streamline the collection of revenues and the regulation of the trucking industry by authorizing the secretary to enter into bilateral agreements for the location, erecting, staffing and operation of ports of entry jointly with contiguous jurisdictions. Because of the many cost efficiencies that can be achieved, the legislature intends that the secretary explore the possibility of entering into bilateral agreements for the joint operation of ports of entry with all neighboring states. The legislature recognizes that officials of the state of Arizona have offered to negotiate an arrangement by which two joint Arizona-New Mexico ports would be established, the first in New Mexico near Gallup and the second on interstate 10 in Arizona; the legislature intends that the secretary and the secretary of highway and transportation use the authority granted in this section to explore this opportunity to serve the public interest. The legislature recognizes that expenditures by the state highway and transportation department will be necessary to contribute New Mexico's share of the total cost for the construction of such facilities and finds that such expenditures are appropriate and in the public interest. B. The secretary may negotiate and enter into bilateral agreements with designated representatives of contiguous states to provide for the staffing and operation of jointly occupied ports of entry located within the boundaries of this state or an adjoining state. An agreement may allow employees of either state to collect fees, taxes, interest and penalties imposed by the rules, regulations or laws of either state for the operation of vehicles on the highways of either state and for the issuance of required permits. The secretary or the secretary's delegate may appoint employees of the adjoining state as peace officers of the department for the enforcement of tax, weight, size and load, equipment, safety and financial responsibility laws and regulations of this state relating to vehicles entering or exiting this state and may allow employees of the department to accept similar appointments with the adjoining states. Any agreement entered into under the authority of this section shall provide that an employee of the adjoining state appointed pursuant to this section shall not be compensated by this state or for the purpose of employment rights and benefits to be considered an employee of this state. An employee of the adjoining state must agree that he shall not be compensated by this state or for purposes of employment rights or benefits be considered an employee of this state. Employees of this state accepting appointments from the adjoining state shall not be by virtue of the appointment be considered employees of that state nor be compensated by that state or for purposes of employment rights or benefits be considered an employee of that state. 1978 Comp., § 65-5-1.1, enacted by Laws 1988, ch. 69, § 1.

NMSA 1978, § 65-5-1.2 Joint ports of entry; enforcement authority

65-5-1.2. Joint ports of entry; enforcement authority The department may require commercial motor carrier vehicles to stop at a joint port of entry in an adjoining state. The joint port of entry shall be established pursuant to an agreement entered into between the department and another state pursuant to Section 9-11-12 NMSA 1978. 1978 Comp., § 65-5-1.2, enacted by Laws 1989, ch. 319, § 7.

NMSA 1978, § 65-5-2 Proof of compliance; schedule of penalties

65-5-2. Proof of compliance; schedule of penalties Except as otherwise provided in this section, a commercial motor carrier vehicle having a gross vehicle weight or combination gross vehicle weight of over twenty-six thousand pounds shall not travel on New Mexico highways without either proof that the trip tax has been paid for the movement of the vehicle or both evidence of registration and a tax identification permit issued by the department, unless that vehicle is exempt from the weight distance tax. The department may, by regulation, exempt portions of a highway from the requirements of this section if those portions are prior to reaching a port of entry where the trip tax may be paid. 1941 Comp., § 68-1528, enacted by Laws 1943, ch. 125, § 9; 1953 Comp., § 64-30-9; Laws 1967, ch. 97, § 38; 1977, ch. 250, § 97; 1983, ch. 142, § 2; 1987, ch. 272, § 1; 1992, ch. 106, § 19; 2007, ch. 209, § 3.

NMSA 1978, § 65-5-3 Clearance certificates; types of carriers

65-5-3. Clearance certificates; types of carriers After inspection of the vehicle and related documentation and any necessary registration, clearance certificates or special permits may be issued by the department for: A. commercial motor carrier vehicles operating in compliance with the provisions of the Motor Carrier Act [Chapter 65, Article 2A NMSA 1978] when: (1) all taxes and registration fees required by the laws of this state upon the vehicles and contents of the vehicles have been paid and all other laws and rules and regulations of departments of this state applicable to the vehicles and contents have been complied with; and (2) the operator or owner of the vehicle is not in default or delinquent in the payment of any tax, the filing of any report or the observance of any requirements of the Motor Carrier Act; B. commercial motor carrier vehicles classified and designated in law as exempt when: (1) all taxes required by the laws of this state upon the contents of the vehicles have been paid and all other laws and rules and regulations of departments of this state applicable to the contents have been complied with; and (2) the vehicles have been registered in this state or another state and evidence of registration, including proper display of registration plates, required by the laws of this state is provided; C. commercial motor carrier vehicles not registered or licensed in this state that are transporting passengers for hire or property for hire or resale when: (1) all taxes and registration fees required by the laws of this state upon the vehicles and contents of the vehicles have been paid and all other laws and rules and regulations of departments of this state applicable to the vehicles and contents have been complied with; (2) the vehicle is properly covered by liability insurance in accordance with the provisions of the Motor Carrier Act and the rules of the department of transportation; and (3) the trip tax has been fully paid; and D. commercial motor carrier vehicles not registered or licensed in this state that are transporting property not for hire or resale when: (1) all taxes required by the laws of this state upon the contents of the vehicles have been paid and all other laws, rules and regulations applicable to such contents have been complied with; and (2) the trip tax has been fully paid. 1941 Comp., § 68-1529, enacted by Laws 1943, ch. 125, § 10; 1953 Comp., § 64-30-10; Laws 1967, ch. 97, § 39; 1992, ch. 106, § 20; 2023, ch. 100, § 64.

NMSA 1978, § 65-5-5 Mexican commercial motor vehicles; movement through border commercial zone; registration exemption; financial responsibility; domestic transportation

65-5-5. Mexican commercial motor vehicles; movement through border commercial zone; registration exemption; financial responsibility; domestic transportation A. A Mexican commercial motor vehicle is exempt from requirements for motor vehicle registration in this state, including temporary registration, if the motor vehicle is engaged solely in movement across the international border between New Mexico and the United Mexican States into or from an international border commercial zone, and the motor vehicle is registered and licensed as required by the law of another country. A Mexican commercial motor vehicle and its driver operating pursuant to the exemption under this section may be considered unregistered if the motor vehicle is operated in this state outside the border commercial zone or in violation of United States law. B. The department shall adopt rules that conform with federal law requiring motor carriers operating Mexican commercial motor vehicles in this state to maintain financial responsibility. C. A Mexican commercial motor vehicle shall not transport persons or cargo in intrastate commerce in this state unless the motor vehicle is authorized to conduct operations in interstate and foreign commerce domestically between points in the United States under federal law or international agreement. D. As used in this section: (1) "border commercial zone" means a commercial zone established pursuant to federal law or regulations, any portion of which is contiguous to the border between this state and the United Mexican States; and (2) "Mexican commercial motor vehicle" means a commercial motor carrier vehicle that is registered or titled in the United Mexican States. Laws 2003, ch. 24, § 1.

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