New Mexico Administrative Code

The maximum allowable rate for HGC service shall be the rate approved and posted by the department, and calculated in accordance with these rules.

Sections 65-2A-4, 65-2A-25, and 65-2A-26 NMSA 1978, and 2023 N.M. Laws, Chapter 100, Section 8.

Permanent.

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

The purpose of this rule is to implement Sections 65-2A-25 and 65-2A-26 NMSA 1978.

A. accessorial services means services such as packing, marking, unpacking, and appliance servicing, assembling, and disassembling that the shipper requests to be performed or are necessary because of special circumstances; B. bill of lading means the receipt for the shipper's ho…

An HGC must provide a written cost estimate to the shipper prior to loading the household goods. The estimate must clearly describe the shipment and all services requested and list the maximum amount the shipper may be required to pay. The HGC shall retain for inspection a copy o…

An HGC may offer the following service options. However, an HGC may not charge for these or any other services unless the charge is included in the HGC's commission-approved tariff. A. Space reservation: The HGC may not enter into an agreement for the shipper to pay for a minimum…

New Mexico Department of Transportation.

A class A towing service shall maintain equipment adequate to transport motor vehicles, provided that the total gross weight of the vehicle, special equipment, special bodies and lading shall not exceed 8,000 pounds. A. Tow truck specifications. (1) GVW rating of not less than 10…

A class B towing service shall maintain equipment adequate to transport passenger cars, trailers, semi-trailers, trucks and truck-tractors, provided that the total gross weight of vehicle, special equipment, special bodies and lading shall exceed 8,001 pounds, but shall not excee…

A class C towing service shall maintain equipment adequate to transport trailers, semi-trailers, trucks, truck-tractors and other vehicles, provided that the total gross weight of the vehicle, special equipment, special bodies and lading shall exceed 12,001 pounds, but shall not …

A class D towing service shall maintain equipment adequate to transport trailers, semi-trailers, trucks, truck-tractors and other vehicles, provided that the total gross weight of the vehicle, special equipment, special bodies and lading shall exceed 25,001 pounds. Unless otherwi…

A. A towing service shall only perform the following tows: (1) By consent: A warranted towing service may perform a consensual tow pursuant to the procedures specified in this rule and other applicable rules. (2) By directive: A warranted towing service may perform a motor vehicl…

A towing service shall secure every towed motor vehicle to the towing vehicle in accordance with 49 CFR 393, Subpart F, Coupling Devices and Towing Methods, and Subpart I, Protection Against Shifting and Falling Cargo.

A. A towing service shall not use a wheeled auxiliary device when such use could jeopardize the safety of the public. B. Only class A and class B towing services may use dollies or supplementary wheels and then only when necessary. C. Class C and class D towing services may use c…

A towing service may disconnect or remove the driveline from a motor vehicle to be towed when: A. it is necessary to prevent mechanical damage to the motor vehicle; or B. the motor vehicle's front end is so damaged, or for some other reason, it cannot be towed by lifting the rear…

A. Unsafe conditions: A towing service is not obligated to transport shipments when, in the service's judgment, weather or road conditions make it impracticable or unsafe to operate. B. Passengers prohibited: No person, other than an employee of the towing service, shall ride in …

All towing services must maintain the following safety equipment on each tow truck at all times for the described use: A. flashing blue, amber or a combination of both colors of lights, front and rear, which shall be in operation whenever a towing service is standing on a roadway…

This rule applies to all towing services providing non-consensual tows and all repossession services using towing equipment and is in addition to all other applicable requirements of these rules.

Except as otherwise provided in this rule, a towing service may assess deadhead mileage charges when performing a nonconsensual tow of a vehicle, and the owner or operator of the towed vehicle asks or directs the towing service to tow the vehicle to a location other than the towi…

When a towing service tows two or more disabled motor vehicles during one trip, it may charge the reasonable and appropriate tariff rates for the second and succeeding motor vehicles as though each were an independent tow, including but not limited to separate charges for hookup,…

A towing service must notify the local law enforcement agency or the New Mexico state police in writing as soon as it discovers an altered, mutilated, or missing VIN on a motor vehicle in its custody, unless the motor vehicle has been impounded by a law enforcement officer aware …

Towing service includes the storage of motor vehicles. Towing service begins when the motor vehicle is entrusted to the towing service and ends when the towing service delivers the motor vehicle to the owner or the owner's agent. Storage begins when the motor vehicle arrives at t…

A. Motor vehicles ordered held for investigation: If a law enforcement agency orders a towing service to hold a motor vehicle for investigation, the towing service shall not, without specific written authorization of the law enforcement agency: (1) allow the owner of the motor ve…

A. Identification of owner: (1) On site. Before a towing service tows a motor vehicle, it shall request ownership information from the authorizing law enforcement officer on scene. (2) From the storage facility: If a towing service has not already obtained ownership information o…

A towing service shall be responsible for: A. removing debris at the scene of an accident whether or not specifically directed to do so by law enforcement authorities; and B. the safekeeping and delivery of a motor vehicle and its contents entrusted to it or which come into its c…

A towing service shall maintain for a period of three years complete and permanent records of income, photographs, tow bills, and any other documentation required by this rule for non-consensual tows separate and apart from any other towing services and from any other business co…

A towing service may apply to operate with multiple storage facilities by completing the application form prescribed by the director. The director shall approve the application if it contains the name of the towing service, the warrant number, the mailing address of the new stora…

Sections 8-8-4 and 65-2A-4 NMSA 1978.

Permanent.

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

The purpose of this rule is to establish requirements for towing services subject to the limitations and policy of 49 U.S.C. 14501. The clearing of public highways and roads is a matter of public safety, which cannot be reasonably accomplished by state and local law enforcement o…

In addition to the definitions in Section 65-2A-3 NMSA 1978 and 18.3.1.7 NMAC, as used in this rule: A. MVD means the motor vehicle division of the New Mexico taxation and revenue department; B. consensual tow means a motor vehicle tow which has not been directed or requested by …

A towing service shall use only those winches and towing equipment that have been produced and constructed by a manufacturer of such equipment that regularly produces winches and towing equipment of guaranteed quality.

The standards for each class of towing service shall be determined solely by the manufacturer's specifications for the capabilities of tow and vehicle carrier trucks and towing equipment. A. Class A - operating authority for towing up to 8,000 pounds; B. Class B - operating autho…

New Mexico Department of Transportation.

This rule applies to interstate motor carriers that identify New Mexico as their base state.

Section 65-2A-4, NMSA 1978, 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 implement Section 65-2A-16 NMSA 1978.

A. FMCSA authorized carrier means a motor carrier subject to the authority of the United States department of transportation (U.S. DOT) and authorized by the federal motor carrier safety administration (FMCSA) to engage in compensated transportation in interstate or foreign comme…

A. Yearly UCR registration is required of FMCSA authorized carriers. Registration may be completed on-line through the national registration system (NRS) portal (www.ucr.gov). B. FMCSA authorized carriers that identify New Mexico as their base state shall pay yearly registration …

New Mexico Department of Transportation.

Each ambulance service shall have a written operations plan setting forth its policies and procedures. The plan shall be periodically updated and shall be available for inspection by the department at all times. The plan shall include: A. all operational guidelines and medical pr…