New Mexico Administrative Code

Airports with regularly scheduled airline service utilizing aircraft with seating capacity in excess of 100 passengers, or a maximum payload capacity of more than twenty-five thousand pounds are not eligible for state funding. Airports on private land are not eligible for state f…

Before being eligible for consideration by the aviation division, a sponsor must submit a request for a project grant to the aviation division in accordance with the process established by the division. The project request shall include an accurate project description and cost of…

New Mexico Department of Transportation.

The department may annually renew the agreement between New Mexico and the federal railroad administration for state participation in the national railroad safety program.

The department may enter into any agreement with another governmental entity, such as the New Mexico department of transportation, in order to cooperatively enhance railroad safety, promote compliance with the federal railroad safety laws, and implement the benefits of the nation…

A. Railroad companies are subject to the construction and maintenance requirements set forth in Section 63-3-36 NMSA 1978. B. The department shall determine whether to open or close a crossing on its own railroad property or on a state highway that crosses a railroad. C. Any pers…

A. Whenever a railroad company is required by 49 CFR 225.9 to report an accident/incident promptly to the federal railroad administration, the railroad shall promptly report the same accident/incident information by telephone to the department. B. A railroad company must immediat…

On or before January 15 of each year, a railroad company shall provide the department with a map showing all lines and grade crossings the railroad has in New Mexico and any changes to its lines and grade crossings since the previous filing. In addition, the company shall provide…

Except as provided herein, this rule applies to all railroad companies and other common carriers, as provided in Paragraph (3) of Subsection A of Section 63-7-1.1 NMSA 1978 and to all rail safety activities as to which the department has authority pursuant to federal railroad saf…

Sections 63-3-36, 67-3-6.1, 67-3-11 NMSA, and 2023 N.M. Laws, Chapter 100, Section 81.

Permanent.

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

The purpose of this rule is to establish safety requirements for railroad companies and other common carriers operating in New Mexico and to establish basic procedures for use when public grade crossings are sought to be opened or closed.

In addition to the definitions set out in 49 CFR Parts 200 to 268 and in the American railway engineering and maintenance-of-way association (AREMA) clearances manual, as used in this rule: A. Commission means the New Mexico public regulation commission. B. Private grade crossing…

Whenever this rule refers to a federal or state statute, rule, or regulation, or to a technical or other document, the reference, unless specifically stated to the contrary, is continuous and is intended to refer to the most current version of the document.

The department adopts by reference and requires a railroad company to comply with the safety requirements as set forth in: A. Code of federal regulations. 49 CFR parts 200 to 268; and 23 CFR Part 655, Subpart F; B. AREMA clearances manual. All new construction shall comply with C…

New Mexico Department of Transportation.

A. All crossings shall be subject to an agreement between the department and a second party. B. An agreement between the department and the second party at the crossing shall address the party that is responsible for the maintenance, repair and replacement of the crossing and ins…

A. All liability at a private crossing will lie with the second party named in any existing or future crossing agreement. The department will bear no liability for these crossings. B. The liability for the use and the responsibility for funding the inspection, maintenance and imp…

A. A local government or regional transit district may request that a private crossing be changed to a public crossing by submitting a written request to the rail manager. The request shall include the reasons for such redesignation, the supporting documents referenced in Paragra…

A. If the department seeks the closure of an existing crossing or if the rail manager receives a proposal to close an existing crossing that is determined to merit consideration based on the rail manager's review of the proposal, the department shall provide public notice of the …

A. If the department seeks the opening of a new crossing or if the rail manager receives a proposal to open a new crossing that is determined to have merit based on the rail manager's review of the proposal, the department shall provide public notice of the proposed new crossing.…

A. The rail manager in preparing their recommendation to the secretary regarding a request for grade separation of a crossing shall utilize: (1) the criteria contained in the references cited in 18.14.4.8 NMAC; (2) the results of the diagnostic study of the grade crossing; (3) th…

All government, private and public entities.

Section 67-3-11, 67-3-12, 63-3-35, 63-3-36, 63-3-37, 63-3-38, and 67-3-67 through 67-3-70 NMSA 1978.

Permanent.

December 1, 2010, unless a later date is cited at the end of a section.

To create procedures and standards for any new and all existing grade crossings on land and railroad tracks controlled by the department of transportation.

A. "Active traffic control device" means those traffic control devices activated by the approach or presence of a train, such as flashing light signals, automatic gates and similar devices, all of which display to motorists positive warning of the approach or presence of a train.…

A. The reference documents listed in Subsection B of 18.14.4.8 NMAC are supplementary and will be used by the department to evaluate requests for a new crossing or modification to an existing crossing or a request for a change in designation from a private crossing to a public cr…

A. Crossing request general requirements. (1) Requests for a new crossing, modification to an existing crossing, a change in designation from a private crossing to a public crossing, the closing of a crossing or the grade separation of a crossing shall be made by any adjacent pro…

New Mexico Department of Game and Fish.

Persons interested in and affected by actions of the off-highway motor vehicle advisory board and the department of game and fish.

Sections 10-15-1 to 4 NMSA 1978, (as amended through 2012, "Open Meetings Act") and Section 66-3-1018 NMSA 1978, that provide the New Mexico department of game and fish director with the authority to establish rules that it may deem necessary to carry out the purpose of Off-Highw…

Permanent.

October 14, 2016, unless a later date is cited at the end of a section.

To establish rules pursuant to the "Open Meetings Act," determining what constitutes reasonable notice of off-highway motor vehicle advisory board public meetings.

A. "Department" shall mean the New Mexico department of game and fish. B. "Board" means the off-highway motor vehicle advisory board. C. "Department's public website" means: www.wildlife.state.nm.us [File Link Not Available]. D. "Emergency meeting" is a meeting called to address …

A. Reasonable notice: Reasonable notice shall be given, as hereinafter provided, of all meetings of a quorum of the off-highway motor vehicle advisory board held for the purpose of discussing or making recommendations to the director of the department for consideration regarding …

New Mexico Department of Game and Fish.

A. Review by the department: when reviewing applications for OHV safety training instructors, the department shall consider whether: (1) the information provided by the applicant is accurate and valid; (2) the character and employment references provided by the applicant report t…

A. Course length and testing requirement: an OHV safety training program shall provide at least four hours of curriculum on safe and responsible OHV operation. Upon successful completion of the curriculum and final exam, a safety permit shall be issued. A student must correctly a…

A. Off-highway motor vehicle (OHV) tour operators and guides shall complete an approved OHV safety course for each type of OHV being operated by their clients and carry proof of applicable OHV safety training while providing tour operator or guide services. B. OHV tour operators …