New Mexico Administrative Code

The purpose of this rule is to implement Sections 65-2A-5 through 65-2A-13 NMSA 1978.

See 18.3.1.7 NMAC.

An operating authority is required for each type of service offered. An operating authority issued for one service will not serve as authorization for another service. A. Warrants. A warrant is required for each of the following service types:(1) charter services; (2) towing serv…

These requirements apply to both warrant and certificate applications (including for certificate amendment, lease or transfer). Certain service types or certificate amendments may require additional information and documents, as described in these rules. The following are general…

New Mexico Department of Transportation.

A. Passenger services: Motor carriers of passenger services must maintain the minimum levels of coverage required by 49 CFR 387.33, except that taxicab services utilizing vehicles with seating capacities of six or fewer passengers (including the driver) must maintain a combined s…

No insurance policy shall have a deductible in excess of five thousand dollars ($5,000), unless the department approves a higher deductible for a motor carrier that provides: A. a surety bond in an amount equal to the difference between five thousand dollars ($5,000) and the amou…

This rule applies to all motor carriers subject to the jurisdiction of the department.

Sections 65-2A-4, 65-2A-12, 65-2A-18 and 65-2A-27 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-18 NMSA 1978.

See 18.3.1.7 NMAC.

Every motor carrier must ensure that the minimum required financial responsibility is on file with the department during all periods of operation. The insurance policy must be in the exact legal and "doing business as" name of the motor carrier and be endorsed with the expiration…

Insurance companies are required to timely submit all uniform filing forms to the department directly. Copies of coverage submitted by the motor carrier will not serve as proof of coverage. Anyone aggrieved by the action or omission of an insurance company related to these requir…

New Mexico Department of Transportation.

Motor carriers shall require and ensure that all drivers in their service, including themselves, comply with the duties and prohibitions of these rules. A. Drug and alcohol programs and testing for drivers: This rule adopts by reference 49 CFR Part 40 in its entirety, and 49 CFR …

A. Commercial drivers' licenses: This rule adopts by reference the New Mexico commercial driver's license act, Sections 66-5-52 through 66-5-72 NMSA 1978. B. Qualifications of drivers and longer combination vehicle (LCV) driver instructors: This rule adopts by reference 49 CFR Pa…

A. Operators' licenses: is rule adopts by reference the licensing provisions of the New Mexico motor vehicle code, Sections 66-5-1 through 66-5-48, NMSA 1978. B. Qualifications, investigations, inquiries, reporting, and records for all drivers of certificated motor carriers: (1) …

A. Issuance: The department shall assign a operating authority number to each motor carrier service when it issues an operating authority. Any operating authority number issued shall be displayed as required by this rule. B. Display: The letters and numbers must be not less than …

A. Minimum Equipment Standards: A motor carrier shall only use equipment for vehicles that is produced and constructed by a manufacturer of such equipment that regularly produces such equipment of guaranteed quality. The department may approve the use of non-guaranteed equipment …

Pursuant to Section 65-6-4 NMSA 1978, and upon written request showing good cause, the department may waive the requirements of this rule with respect to individual ambulance service providers.

This rule applies to all motor carriers subject to the jurisdiction of the department.

Sections 65-2A-4, 65-2A-19 and 65-6-4 NMSA 1978, and 2023 N.M. Laws, Chapter 100, Section 81.

Permanent.

June 24, 2025, unless a later date is cited at the end of a section.

The purpose of this rule is to implement Sections 65-2A-19 and 65-6-4 NMSA 1978 by establishing safety requirements for drivers, motor vehicles, and motor carriers.

As used in this rule: A. CDL driver means a driver who is required by 49 CFR 383.3 or Section 66-5-59 NMSA 1978 to have a commercial driver's license; B. driver means a person who drives a motor vehicle as, for, or on behalf of a motor carrier; C. MVD means the motor vehicle divi…

The sections of the code of federal regulations cited in this rule may be found on the government printing office website at http://www.gpoaccess.gov/cfr/.

Wherever the following terms appear in a part or section of title 49 of the code of federal regulations (CFR), for purposes of this rule and as adopted by reference in this rule, these federal terms shall be read as if substituted by the terms provided below. A. for the terms "co…

New Mexico Department of Transportation.

This rule applies to motor carriers and applicants subject to the jurisdiction of the department of transportation.

Sections 65-2A-32 and 65-2A-36 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 set forth the required processing and service fees and the standards for the determination of any applicable penalties under the Motor Carrier Act, Chapter 65, Article 2A NMSA 1978.

A. Certificate applications: (1) New certificate $300 (2) Temporary authority (for public safety, government program or public event) $100 (3) Temporary authority (for a challenged application otherwise approved) $0 (4) Temporary authority (for period of hearing on tariff service…

New Mexico Department of Transportation.

A. A motor carrier shall use the least expensive route when charging by mileage, consistent with existing events and road and weather conditions, unless the passenger or customer directs otherwise. B. A motor carrier other than a taxicab service shall compute actual distances, as…

Tariffs must be maintained as a record at the motor carrier's principal place of business and must be available to the public at all times the motor carrier is open for business. For shuttle services, rates and applicable terminal presentment schedules must be posted at each term…

A motor carrier that proposes to change its rates, terms and conditions of service, shall file an application for a change in tariff with any required fee and submit a proposed tariff to reflect the desired changes, and provide additional information as specified below. A. Rate i…

A. Notice period: The department shall issue notice of a completed application for tariff change with a copy of the proposed tariff. The notice period is 19 calendar days after a completed application is filed with the department, excluding the day of filing, and including weeken…