New Mexico Administrative Code

As used in this rule: A. alveolar breath means an air sample which is the last portion of a prolonged, uninterrupted exhalation and which gives a quantitative measurement of the alcohol concentration in the breath from which the breath alcohol concentration can be determined. A m…

A. Approval required. No person shall provide ignition interlock devices for installation without first having obtained approval of the device from the Bureau in accordance with the requirements of this rule. B. Contents of application. A manufacturer seeking approval of an ignit…

A manufacturer shall: A. develop written instructions for the installation, servicing, and removal of ignition interlock devices approved for use in New Mexico and supply those instructions to all service centers authorized by the manufacturer and licensed by the Bureau to instal…

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

Applications and proposals will be reviewed for approval by the Chief. Traffic Safety Bureau, on the basis of the expected effectiveness of the proposed activity, the extent that the proposed project is coordinated with other traffic safety activities, and the likelihood that the…

This Rule affects local governments, state agencies, law enforcement agencies, schools/universities, and not-for-profit agencies.

This regulation is adopted pursuant to the authority provided by NMSA 1978, Section 66-7-512 (Cum. Supp. 1997).

Permanent.

March 14, 1998, unless a later date is cited at the end of a section or paragraph.

The objective of this rule is to establish procedures for implementing NMSA 1978, Section 66-7-512. This includes providing guidance on an agency's eligibility, the application process, and the distribution of revenue from the Traffic Safety Education and Enforcement Fund for bot…

[RESERVED]

A. Only those law enforcement agencies that regularly issue citations for violations of the New Mexico Motor Vehicle Code and whose citations are adjudicated through metro or magistrate court or are processed pursuant to NMSA 1978, Section 66-8-116.3. B. Any application for fundi…

A. Eligibility: local governments, state agencies, schools/universities, for profit, and not-for-profit agencies may apply for funding pursuant to NMSA 1978, Section 66-7-512 (D and E). B. Applications for these funds will be awarded by the Traffic Safety Bureau based on statewid…

New Mexico Department of Transportation.

A. Standards for issuance. In reviewing applications for driver education schools, the bureau 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 that the applica…

A. Term. A license shall be valid until June 30 of each year, unless suspended or revoked for cause before that date. Initial licenses shall be valid from the date of issuance to the next June 30. Renewal licenses shall be valid from July 1 of the year of renewal to June 30 of th…

A licensee providing classroom instruction shall: A. engage as driver education instructors only those persons who have been certified by the bureau; a licensee may not serve as an instructor unless the licensee has been certified by the bureau as an instructor pursuant to these …

A. Hours requirement. (1) A private driver education school which provides behind-the-wheel training as part of the course shall provide a minimum of seven (7) hours of behind-the-wheel training to each student, with no more than thirty (30) days between the end of the classroom …

A licensee offering correspondence courses shall: A. enroll only those New Mexico students who are eligible pursuant to Subsection B of 18.20.3.8 NMAC and ensure that distributors of the school's correspondence course adhere to the same enrollment requirements; B. use only the cu…

A licensee: A. shall adhere strictly to the requirements of this rule; B. shall notify the bureau at least thirty (30) days in advance if the driver education school intends to cease operations; C. shall make all driver education school records available for inspection and copyin…

A. Responsibility. The bureau or its designee: (1) shall conduct periodic evaluations of driver education schools using criteria developed by the bureau; the bureau shall prepare a written evaluation and shall provide a copy of the evaluation to the licensee upon request; the bur…

A. Certification required. No teacher may serve as a driver education instructor in [a school] an educational institution without first having obtained a certificate from the bureau. The bureau may in its discretion temporarily waive this requirement upon request of the education…

A. Certification required. No person or licensee may serve as a driver education instructor without first having obtained a certificate from the bureau. B. Application requirements. A person wishing to obtain a certificate as a driver education instructor shall file an applicatio…

A. Certificate renewal. (1) A driver education instructor shall file an application for renewal of his or her certificate with the bureau on or before June 1 each year to ensure certificate renewal by July 1. A driver education instructor who files an application for renewal afte…

This rule applies to all persons seeking to operate driver education schools, or serve as instructors for driver education courses offered, in New Mexico.

A. Grounds. The bureau may suspend or revoke the license or certificate of a licensee or driver education instructor: (1) who makes a false statement on an application; (2) who fails to follow the approved curriculum; (3) who poses an immediate danger to the physical or mental sa…

A. Any school may petition in writing for an exemption or variance from any of the requirements of this rule. Such petition shall: (1) identify the section of this rule for which the exemption or variance is requested; (2) describe the situation which necessitates the exemption o…

Sections 66-10-1 through 66-10-12 NMSA 1978.

Permanent.

January 1, 2003, unless a later date is cited at the end of a section.

The purpose of this rule is to provide minimum and uniform standards for the issuance, renewal, and revocation of driver education school licenses and driver education instructor certificates and to establish requirements for the operation of driver education schools.

For use in this part, the following definitions apply: A. ADA means the Americans with Disabilities Act, 42 U.S.C. Section 12101 et seq.; B. bureau means the traffic safety bureau (TSB) of the New Mexico department of transportation; C. behind-the-wheel means instruction in which…

A. Driver education schools. A driver education school shall not enroll a person as a student unless the person will be fifteen (15) years of age on or before the date the classroom portion of the driver education course will be completed. B. Correspondence courses. A corresponde…

A. License required. No person may operate a driver education school without first having obtained a license from the bureau. B. Application form. A person wishing to obtain a license to operate a private driver education school shall file an application with the bureau. A person…

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

State, municipal and county road maintenance agencies.

NMSA 1978, Sections 66-3-836.

Permanent.

July 1, 1998, unless a later date is cited at the end of a section or paragraph.

To provide adequate lighting for snow-removal equipment engaged in hazardous operations on or alongside the roadway in order to protect workers and equipment and to warn the driving public of the presence of the snow-removal equipment.

A. DOT System 101A Emergency Lighting means a lighting system comprised of two controllers, two rear-mounted strobe lights and two front-mounted strobe lights, all with a minimum of 1,000,000 candle power. B. DOT System 104A Emergency Lighting means a lighting system comprised of…

A. Nothing in this rule prohibits use of state-of-the-art lighting systems, as they are developed, which provide equivalent or better protection to that specified herein. B. .Any vehicle or equipment which is used to remove snow from a roadway, including those used as backups, sh…

New Mexico State Highway and Transportation Department, Post Office Box 1149, Santa Fe, New Mexico 87504-1149 (505) 827-5526.

A. No vending from or on highway right-of-way shall be permitted. B. There shall be no vending-type business so close to the highway right-of-way that automobiles or persons would be serviced while on the highway right-of-way. C. Concession booths or roadside stands, whether or n…

A. An unlawful encroachment or non-hazardous obstruction shall be identified by the Department with reasonable particularity, and ownership shall be determined, if possible. B. A written notice shall be sent by certified/return receipt mail to the apparent owner at his last known…

A. There shall be an Obstruction and Encroachment Review Board established in each Highway District in New Mexico. Said Board shall be composed of three (3) persons: the District Engineer or his designee; the District Traffic Engineer or his designee; the District Construction En…

A. A hazardous obstruction may summarily be removed from the highway right-of-way without notice to the owner, if any, thereof. B. The determination of whether or not an obstruction is hazardous shall be made by the District Engineer or his designee in the District in which the o…