NMSA 1978, § 65-1-1 Short title
65-1-1. Short title
Chapter 65, Articles 1, 3 and 5 NMSA 1978 may be cited as the Motor Transportation Act.
1978 Comp., § 65-1-1, enacted by Laws 1989, ch. 201, § 1.
Motor Transportation
NMSA 1978 ch. 65, art. 1
in effectNMSA 1978, § 65-1-2 Definitions
65-1-2. Definitions
As used in the Motor Transportation Act:
A. "combination" means any connected assemblage of a motor vehicle and one or more semitrailers, trailers or semitrailers converted to trailers by means of a converter gear;
B. "combination gross vehicle weight" means the sum total of the gross vehicle weights of all units of a combination;
C. "commercial motor carrier vehicle" means a self-propelled or towed vehicle, other than special mobile equipment, used on public highways in commerce to transport passengers or property when the vehicle:
(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;
D. "converter gear" means any assemblage of one or more axles with a fifth wheel mounted thereon, designed for use in a combination to support the front end of a semitrailer but not permanently attached thereto. A "converter gear" shall not be considered a vehicle as that term is used in Chapter 66 NMSA 1978, but its weight shall be included in declared gross weight;
E. "declared gross weight" means maximum gross vehicle weight or combination gross vehicle weight at which a vehicle or combination will be operated during the registration period as declared by the registrant for registration and fee purposes. The vehicle or combination shall have only one "declared gross weight" for all operating considerations;
F. "department", without modification, means the department of public safety, the secretary of public safety or any employee of the department exercising authority lawfully delegated to that employee by the secretary;
G. "director" means the secretary;
H. "division" means the New Mexico state police division of the department;
I. "evidence of registration" means documentation issued by the taxation and revenue department identifying a motor carrier vehicle as being registered with New Mexico or documentation issued by another state pursuant to the terms of a multistate agreement on registration of vehicles to which this state is a party identifying a motor carrier vehicle as being registered with that state; provided that evidence of payment of the weight distance tax and permits obtained under either the Special Fuels Supplier Tax Act [Chapter 7, Article 16A NMSA 1978] or Trip Tax Act [Chapter 7, Article 15 NMSA 1978] are not "evidence of registration";
J. "field enforcement" or "in the field" means patrolling of the highway, stopping of commercial motor carrier vehicles or establishing ports of entry and roadblocks for the purpose of checking motor carriers and includes similar activities;
K. "freight trailer" means any trailer, semitrailer or pole trailer drawn by a truck tractor or road tractor and any trailer, semitrailer or pole trailer drawn by a truck that has a gross vehicle weight of more than twenty-six thousand pounds, but the term does not include house trailers, trailers of less than one-ton carrying capacity used to transport animals or fertilizer trailers of less than three thousand five hundred pounds empty weight;
L. "gross vehicle weight" means the weight of a vehicle without load plus the weight of any load thereon;
M. "motor carrier" means any person that owns, controls, operates or manages any motor vehicle with gross vehicle weight of twelve thousand pounds or more that is used to transport persons or property on the public highways of this state;
N. "motor vehicle" means any vehicle or device that is propelled by an internal combustion engine or electric motor power that is used or may be used on the public highways for the purpose of transporting persons or property and includes any connected trailer or semitrailer;
O. "one-way rental fleet" means two or more vehicles each having a gross vehicle weight of under twenty-six thousand one pounds and rented to the public without a driver;
P. "person" means any individual, estate, trust, receiver, cooperative association, club, corporation, company, firm, partnership, joint venture, syndicate or other association; "person" also means, to the extent permitted by law, any federal, state or other governmental unit or subdivision or an agency, department or instrumentality; "person" also includes an officer or employee of a corporation, a member or employee of a partnership or any individual who, as such, is under a duty to perform any act in respect of which a violation occurs;
Q. "properly registered" means bearing the lawfully issued and currently valid evidence of registration of this or another jurisdiction, regardless of the owner's residence, except in those cases where the evidence has been procured by misrepresentation or fraud;
R. "public highway" means every way or place generally open to the use of the public as a matter of right for the purpose of vehicular travel, even though it may be temporarily closed or restricted for the purpose of construction, maintenance, repair or reconstruction;
S. "secretary" means the secretary of public safety and, except for the purposes of Section 65-1-33 NMSA 1978, also includes a deputy secretary and any division director delegated by the secretary;
T. "state" or "jurisdiction" means a state, territory or possession of the United States, the District of Columbia, the commonwealth of Puerto Rico, a foreign country or a state or province of a foreign country; and
U. "utility trailer" means any trailer, semitrailer or pole trailer and includes house trailers that exceed neither eight feet in width nor forty feet in length, but does not include freight trailers, trailers of less than one-ton carrying capacity used to transport animals or fertilizer trailers of less than three thousand five hundred pounds empty weight.
1953 Comp., § 64-34-2, enacted by Laws 1978, ch. 19, § 1; 1987, ch. 268, § 11; 1992, ch. 106, § 1; 1993, ch. 294, § 1; 1998 (1st S.S.), ch. 10, § 4; 2003, ch. 10, § 1; 2015, ch. 3, § 31.
NMSA 1978, § 65-1-3 Public policy
65-1-3. Public policy
It is the public policy of New Mexico to provide for fair and impartial enforcement of the motor transportation regulation and taxation laws of this state, and to promote safe, adequate, economical and efficient motor carrier service for the public benefit, without discrimination, preference, advantage or unfair competitive practices between carriers.
1953 Comp., § 64-34-4, enacted by Laws 1967, ch. 97, § 4.
NMSA 1978, § 65-1-6 Field enforcement of Motor Transportation Act and Motor Carrier Act and rules
65-1-6. Field enforcement of Motor Transportation Act and Motor Carrier Act and rules
The department shall:
A. enforce in the field the provisions of the Motor Transportation Act and the Motor Carrier Act [Chapter 65, Article 2A NMSA 1978] and the rules promulgated by the department of transportation pursuant to the Motor Carrier Act; and
B. maintain sufficient personnel in the field to enforce the provisions of the Motor Transportation Act and the Motor Carrier Act and the rules promulgated by the department of transportation pursuant to the Motor Carrier Act.
1953 Comp., § 64-34-8, enacted by Laws 1967, ch. 97, § 8; 1977, ch. 250, § 104; 1989, ch. 319, § 1; 1992, ch. 106, § 2; 1998 (1st S.S.), ch. 10, § 5; 2003, ch. 359, § 41; 2011, ch. 101, § 1; 2023, ch. 100, § 28.
NMSA 1978, § 65-1-9 Department to enforce laws
65-1-9. Department to enforce laws
The department shall enforce and collect all excise taxes, license fees and other fees and charges of every nature and perform all inspections and collect all information considered necessary to enforce the laws of all departments, commissions and other agencies of state government, in addition to those specifically assigned to the department, whenever the department is so requested and agrees and the agreement is in writing containing all reasonable detail concerning the responsibilities of the parties to the agreement. The department shall also assist, as far as practicable and in accordance with a proper written agreement, in the enforcement of statutory, administrative and judicial provisions of the federal Motor Carrier Act.
1953 Comp., § 64-34-11, enacted by Laws 1967, ch. 97, § 11; 1977, ch. 250, § 107; 1992, ch. 106, § 4; 1998 (1st S.S.), ch. 10, § 7.
NMSA 1978, § 65-1-11 Ports of entry
65-1-11. Ports of entry
The department of transportation shall designate the main highways upon which motor carriers shall enter and leave the state and shall designate stations or establish places, either temporary or permanent, where inspection, registration and permit services shall be maintained and shall provide the necessary right of way, approach roads, ramps and other road facilities required for ports of entry.
1953 Comp., § 64-34-13, enacted by Laws 1967, ch. 97, § 13; 1977, ch. 250, § 109; 1987, ch. 268, § 15; 1992, ch. 106, § 5; 2021, ch. 59, § 6.
NMSA 1978, § 65-1-25.1 Reserved
NMSA 1978, § 65-1-26 Documents; required in each commercial motor carrier vehicle; detention of vehicles
65-1-26. Documents; required in each commercial motor carrier vehicle; detention of vehicles
A. A commercial motor carrier vehicle operated on a New Mexico public highway by a motor carrier required to be registered with the department shall have in it at all times:
(1) proof of payment of the trip tax; or
(2) both evidence of registration and a tax identification permit issued by the department.
B. The driver of the vehicle shall be able to display either proof of payment of the trip tax or both the evidence of registration and the tax identification permit upon request by any law enforcement officer or any employee of the department.
C. Upon failure of the driver to display either proof of payment of the trip tax or evidence of registration, it shall be presumed that the vehicle is subject to registration under the laws of New Mexico unless it can be demonstrated that the vehicle is exempt from registration requirements of the Motor Vehicle Code [Chapter 66, Articles 1 to 8 NMSA 1978]. A vehicle presumed subject to registration may be detained until registration, including payment of all required fees, is completed.
D. Upon failure of the driver to display either proof of payment of the trip tax or a tax identification permit issued by the department, the trip tax shall be presumed due. A vehicle presumed subject to the trip tax may be detained until the trip tax is paid.
E. A commercial motor carrier vehicle subject to and not in compliance with the weight distance requirements of the Weight Distance Tax Act [Chapter 7, Article 15A NMSA 1978] may be detained until the tax is paid. A nonfiler or zero-filer status or an inactive weight distance account is proof of failure to pay the weight distance tax.
1953 Comp., § 64-34-16, enacted by Laws 1967, ch. 97, § 16; 1969, ch. 19, § 2; 1972, ch. 7, § 45; 1977, ch. 250, § 119; 1988, ch. 24, § 8; 1990, ch. 21, § 1; 1992, ch. 106, § 9; 2007, ch. 209, § 1.
NMSA 1978, § 65-1-27 Hearings; attendance
65-1-27. Hearings; attendance
The secretary or the secretary's representative may attend all hearings held by the department of transportation concerning motor transportation. The department of transportation shall notify the secretary of all such hearings, and the department is declared to be an interested party and as such may present evidence pertaining to matters under consideration by the department of transportation. The department of transportation shall send copies of all orders entered by the department of transportation in motor transportation matters to the department.
1953 Comp., § 64-34-17, enacted by Laws 1967, ch. 97, § 17; 1977, ch. 250, § 120; 1992, ch. 106, § 10; 2023, ch. 100, § 29.
NMSA 1978, § 65-1-28 Payment by credit card; optional services; fees; appropriations
65-1-28. Payment by credit card; optional services; fees; appropriations
A. Notwithstanding any other provision of law, the department is authorized to enter into agreements with financial institutions and credit card companies under which the department may accept payment by credit card from motor carriers of the taxes, fees or other charges due pursuant to the Motor Transportation Act [Chapter 65, Articles 1, 3 and 5 NMSA 1978], Motor Vehicle Code [Chapter 66 NMSA 1978], Trip Tax Act [Chapter 7, Article 15 NMSA 1978] or Weight Distance Tax Act [Chapter 7, Article 15A NMSA 1978]. Any fee payable to the financial institution or credit card company for a payment by credit card authorized under this section may be deducted from the proceeds of the taxes, fees or other charges paid on a pro-rata basis prior to any other distribution of the proceeds required by law. The necessary portion of the proceeds of the taxes, fees and other charges collected under this subsection is appropriated for the purpose of paying the fee payable to the financial institution or credit card company.
B. The secretary is authorized to establish by regulation fees to cover the expense of providing additional services for the convenience of the motoring public. Any service established for which a fee is adopted under this section shall be optional, with the fee not being charged to any person not taking advantage of the service. Amounts collected pursuant to this subsection are appropriated to the department for the purpose of defraying the expense of providing the service.
C. Notwithstanding any other provision of law, the department of transportation is authorized to enter into agreements with financial institutions and credit card companies under which the department of transportation may accept payment by credit card from motor carriers of the taxes, fees or other charges due pursuant to the Trip Tax Act [Chapter 7, Article 15 NMSA 1978] or the Weight Distance Tax Act. Any fee payable to the financial institution or credit card company for a payment by credit card authorized under this section may be deducted from the proceeds of the taxes, fees or other charges paid on a pro-rata basis prior to any other distribution of the proceeds required by law. The necessary portion of the proceeds of the taxes, fees and other charges collected under this subsection is hereby appropriated for the purpose of paying the fee payable to the financial institution or credit card company.
1978 Comp., § 65-1-28, enacted by Laws 1987, ch. 128, § 1; 1992, ch. 106, § 11; 2021, ch. 59, § 7.
NMSA 1978, § 65-1-28.1 Special methods of payment
65-1-28.1. Special methods of payment
The department and the department of transportation may require the motor carriers specified in this section to make payment of taxes, fees and other charges due under the Motor Transportation Act [Chapter 65, Articles 1, 3 and 5 NMSA 1978], Motor Vehicle Code [Chapter 66 NMSA 1978], Trip Tax Act [Chapter 7, Article 15 NMSA 1978] or Weight Distance Tax Act [Chapter 7, Article 15A NMSA 1978] by credit card, certified check or other method of guaranteed payment. The provisions of this section apply to any motor carrier whose check in payment of any amount due under any act administered by the department has been dishonored upon presentment on two or more occasions within the previous two years.
1978 Comp., § 65-1-28.1, enacted by Laws 1992, ch. 106, § 12; 2021, ch. 59, § 8.
NMSA 1978, § 65-1-29 Disposition of certain money collected
65-1-29. Disposition of certain money collected
All money collected by the department as agent for any other department, commission or agency of state government shall forthwith be remitted to them and by them distributed in the same manner as all other collections for the same items under their respective laws.
All money collected by the department for other jurisdictions shall forthwith be remitted to them.
1953 Comp., § 64-34-19, enacted by Laws 1967, ch. 97, § 19; 1969, ch. 17, § 3; 1976, ch. 13, § 1; 1977, ch. 250, § 122; 1992, ch. 106, § 13.
NMSA 1978, § 65-1-29.1 Receipts; disbursements
65-1-29.1. Receipts; disbursements
Money collected under the Motor Transportation Act shall be paid to the state treasurer for the credit of the motor vehicle suspense fund not later than the close of the second business day after their [its] receipt. At the same time, the department shall deliver to the taxation and revenue department documentation sufficient to make refunds, distributions and other disbursements of the money paid into the fund by the department.
Laws 1998 (1st S.S.), ch. 10, § 8.
NMSA 1978, § 65-1-30 Reciprocity commission; saving clause; transfer of records
65-1-30. Reciprocity commission; saving clause; transfer of records
All current valid agreements entered into with other states by the commission created for the purpose of representing New Mexico in the matter of making reciprocal agreements relating to the operation of motor vehicles shall continue in effect according to their terms until such time as they are otherwise acted upon by the reciprocity commission created by the Motor Transportation Act. All records and property of the commission are transferred to the reciprocity commission.
1953 Comp., § 64-34-21, enacted by Laws 1967, ch. 97, § 40.
NMSA 1978, § 65-1-32 Reciprocity policy
65-1-32. Reciprocity policy
It is the policy of New Mexico to grant to vehicles properly registered or licensed in another jurisdiction, while engaged in interstate commerce in New Mexico, exemption from all or part of the fees, taxes or compensation required for unusual use of the highways and exemption from all or part of the requirements for the display of registration numbers, compensation permits or other numbers or permits. As a condition for application of this policy, however, it is required that vehicles properly registered in New Mexico, while engaged in interstate commerce in the other jurisdictions, be granted like privileges or exemptions to those which New Mexico extends to vehicles properly registered or licensed in the other jurisdiction.
1953 Comp., § 64-34-21.2, enacted by Laws 1972, ch. 7, § 47; 1989, ch. 319, § 2.
NMSA 1978, § 65-1-32.1 Reciprocity
65-1-32.1. Reciprocity
The director shall extend to qualified motor vehicle fleets from states with which New Mexico has reciprocal agreements the privilege of either full reciprocity or proportional registration, as appropriate, of such motor vehicles engaged in interstate commerce in this state.
1978 Comp., § 65-1-32.1, enacted by Laws 1989, ch. 319, § 3.
NMSA 1978, § 65-1-33 Negotiation of reciprocal agreements; proportional registration rules
65-1-33. Negotiation of reciprocal agreements; proportional registration rules
A. The secretary shall enter into agreements with the authorities of other jurisdictions to carry out the policy stated in Section 65-1-32 NMSA 1978. The secretary shall negotiate and perfect such agreements.
B. The secretary may enter into agreements with other jurisdictions on behalf of this state relating to proportional registration under the Motor Transportation Act for the purpose of facilitating the administration of that act, including arrangements or agreements with other jurisdictions for exchange of information for audit and enforcement activities in connection with proportional registration.
C. The director, in accordance with the provisions of Section 65-1-10 NMSA 1978 [repealed], may prescribe rules and regulations necessary to effectuate and administer the proportional registration of vehicles, which registration is subject to the rights, terms and conditions granted or contained in any applicable agreement made under the authority of Subsection B of this section.
D. In the absence of an agreement or arrangement with an other jurisdiction, the director, with the approval of the secretary, may examine the laws and requirements of such jurisdiction and declare the extent and nature of exemptions, benefits and privileges to be extended to vehicles properly registered or licensed in the other jurisdiction or to the owners of the vehicles which, in the judgment of the director, are in the best interest of this state and its citizens, and all of the same shall be determined on the basis and recognition of the benefits which accrue to the economy of this state from the uninterrupted flow of commerce.
E. Reciprocity shall not exist for fleet vehicles between this state and another jurisdiction which has adopted proportional registration for vehicles subject to this section.
1953 Comp., § 64-34-21.3, enacted by Laws 1972, ch. 7, § 48; 1977, ch. 250, § 124; 1989, ch. 319, § 4.
NMSA 1978, § 65-1-35 Duplicate records
65-1-35. Duplicate records
If the New Mexico state police division in carrying out any of the powers and duties granted or imposed on it by the Motor Transportation Act needs duplicates of any records not transferred to it by that act, all departments, agencies and commissions of this state shall, upon request, make the records available to the division for copying.
1953 Comp., § 64-34-25, enacted by Laws 1967, ch. 97, § 44; 1977, ch. 250, § 128; 2015, ch. 3, § 32.
NMSA 1978, § 65-1-36 Penalty for violations of act
65-1-36. Penalty for violations of act
A. Violation of Section 65-5-1, 65-5-2 or 66-3-1.1 NMSA 1978 is a misdemeanor punishable by a fine of not less than one hundred dollars ($100) or more than five hundred dollars ($500) or imprisonment not exceeding ninety days or by both the fine and imprisonment.
B. Violation of any section of the Motor Transportation Act other than a violation of Section 65-1-26, 65-1-36.1, 66-5-1, 65-5-2 or 66-3-1.1 NMSA 1978 or of the Motor Carrier Safety Act [65-3-1 to 65-3-14 NMSA 1978] is a misdemeanor punishable by a fine of not more than one hundred dollars ($100) or by imprisonment not exceeding thirty days or by both the fine and imprisonment or is subject to the penalty assessment and fee provisions pursuant to Sections 66-8-116 through 66-8-116.3 NMSA 1978 [repealed].
C. The payment of a fine under the provisions of any act under the jurisdiction of the department pursuant to the Motor Transportation Act shall not relieve the offender from the payment of any fees or taxes or from any other of the provisions of the Motor Transportation Act.
D. The department may, for the proper enforcement of the duties imposed upon the department pursuant to the Motor Transportation Act, detain any motor vehicle whose operator or owner is in violation of any law the department is empowered under the Motor Transportation Act to administer or enforce.
1953 Comp., § 64-34-27, enacted by Laws 1978, ch. 16, § 1; 1989, ch. 319, § 5; 1992, ch. 106, § 14; 2007, ch. 209, § 2.
NMSA 1978, § 65-1-36.1 Civil penalty for bad checks
65-1-36.1. Civil penalty for bad checks
If any payment required pursuant to the Motor Transportation Act is attempted to be made by check that is not paid upon presentment, such dishonor is presumptive of negligence. The penalty for such dishonor shall be not less than ten dollars ($10.00). This penalty is in addition to any other penalty imposed under any other law.
1978 Comp., § 65-1-36.1, enacted by Laws 1992, ch. 106, § 15.
Source: New Mexico Compilation Commission (nmonesource.com)URL: https://nmonesource.com/nmos/nmsa-unanno/en/item/18568/index.doFetched: 10/20/2026