New Mexico Administrative Code

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 - Qual…

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 veh…

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 carri…

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 v…

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 Regul…

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 intrasta…

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 Mat…

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

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

Permanent.

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.

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

Reserved.

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

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 …

New Mexico State Highway and Transportation Department, Post Office Box 1149, Santa Fe, New Mexico 87504-1149 (505) 827-0427.

All fees charged to the individuals who attend the Motorcycle Training Courses shall be approved by the Bureau.

If any part of the application of this Rule is held invalid, the remainder of its application to other situations or persons shall not be affected.

All state agencies and general public

This rule is adopted pursuant to NMSA 1978, Sections 66-10-9 and 66-10-10.

Permanent.

January 1, 1999, unless a later date is cited at the end of a section or paragraph.

The objective of this Rule is to: A. Provide minimum and uniform standards and procedures for the operation of the New Mexico Motorcycle Training Program. B. Provide minimum and uniform standards and procedures for the requirements to instruct for a New Mexico Motorcycle Training…

A. "Bureau" means the Traffic Safety Bureau of the New Mexico State Highway and Transportation Department. B. "Clean Driving Record" means a person does not have more than six points against his/her drivers license, has not had his/her license suspended or revoked, has never been…

A.Motorcycle training courses shall be provided by the Department or its designee. B. Motorcycle training courses shall be offered in areas of the State as designated by the Bureau. C. Motorcycle training courses shall include: (1) Information on helmet use and effectiveness; (2)…

A. A minimum of twenty-one (21) years of age. B. Have a clean driving record. C. Have a valid motorcycle license/ endorsement. D. Be certified by the Motorcycle Safety Foundation.

New Mexico State Highway and Transportation Department.

All ignition interlock devices must be based on alcohol-specific electro-chemical fuel cell sensor technology and must meet the National Highway Traffic Safety Administration specifications published in Federal Register Volume 57, Number 67, pages 11772-11787, dated Tuesday, Apri…

A. Initial breath test. An ignition interlock device shall: (1) indicate by audible or visual means when a sufficient sample of breath has been collected. (2) indicate the results of the breath test by the use of pass/fail signals and not by displaying a numerical BAC level. (3) …

A. An ignition interlock device shall record the following driving events: (1) all attempts to circumvent the device; (2) all attempts to tamper with the device; (3) all attempt to start the vehicle without first taking an initial breath test; (4) all attempts to continue driving…

A. License required. No person may operate a service center without first having obtained a license from the Bureau in accordance with the requirements of this rule. B. Application required. A person wishing to obtain a license to operate a service center must file an application…

A service center operator shall: A. provide the tools, test equipment, and manuals needed for installing, inspecting, downloading, calibrating, repairing, maintaining, servicing and removing ignition interlock devices. B. ensure that all devices are installed and removed in a wor…

A. Certification required. No person or licensee may install or remove ignition interlock devices without first having obtained a certificate from the Bureau. B. Application required. A person wishing to obtain a certificate as an installer must file an application with the Burea…

A. Certificate renewal. (1) An installer must file an application for renewal of his or her certificate with the Bureau on or before May 1 each year to ensure certificate renewal by July 1. An installer who files an application for renewal after May 1 shall pay a late fee of $25.…

An installer shall A. provide expert or other required testimony in any civil or criminal proceedings regarding the installation, servicing, and removal of devices or the interpretation of recorded data. B. reimburse the Bureau for any costs incurred if the installer requests the…

A. An installer shall: (1) not install an ignition interlock on a vehicle unless the sentenced driver is at the service center. (2) ensure that no driver or other unauthorized person witnesses the installation or removal of an ignition interlock device. (3) inspect all vehicles p…

A service center operator or service technician shall: A. thoroughly train drivers on the proper use of the ignition interlock device. B. provide a user reference and problem-solving guide in English or Spanish to drivers when a device is installed. C. be available to answer all …

This rule applies to the usage of ignition interlock devices in New Mexico pursuant to NMSA 1978 Sections 66-5-35 and 66-8-102 and to all manufacturers, service center operators, and installers of such ignition interlock devices.

A. A service center operator or service technician shall: (1) service a device within thirty (30) days after the initial installation and every sixty (60) days thereafter, unless otherwise specified by court order. (2) ensure that another device is substituted whenever an install…

A manufacturer or service center operator: A. shall maintain for a period of three (3) years and make available to the appropriate authorities upon request: (1) records on every driver, including the results of every service visit; (2) service, calibration, repair, and replacemen…

A. An installer shall remove an ignition interlock device, permanently reconnect all severed wires and insulate them with heat shrink tubing or its equivalent, and otherwise return a vehicle to normal operating condition: (1) for devices installed pursuant to NMSA 1978 Section 66…

A. The Bureau shall establish and maintain a list of ignition interlock devices approved for use in New Mexico by manufacturer and model or class. B. The Bureau or its designee shall have the right to periodically evaluate: (1) the technical competency and reliability of installe…

A. The Bureau may suspend or revoke its approval of an ignition interlock device if: (1) the Bureau has evidence of repeated device failure due to gross defects in design, materials, or manufacture. (2) the manufacturer's product liability insurance or surety bond has been cancel…

A. Service center license. The Bureau may suspend or revoke the license of a service center operator if: (1) the service center operator's garagemen's liability insurance or surety bond has been cancelled or terminated. (2) the service center operator has failed to reimburse the …

A. From the requirements of paragraph 9 of subsection B of 18.20.11.8 NMAC. Manufacturers required to provide service in New Mexico Highway District 4 or 6 pursuant to paragraph 9 of subsection B of 18.20.11.8 NMAC may negotiate with each other to develop a plan for jointly provi…

NMSA 1978 Sections 66-5-35 and 66-8-102.