Chapter 65 — Chapter 65

Chapter 65, Articles 1, 3 and 5 NMSA 1978 may be cited as the Motor Transportation Act. History: 1978 Comp., § 65-1-1, enacted by Laws 1989, ch. 201, § 1.

ANNOTATIONS Repeals. — Laws 1995, ch. 31, § 7 repealed 65-1-10 NMSA 1978, enacted by Laws 1967, ch. 97, § 12, relating to issuance of regulations, effective July 1, 1995. For provisions of former section, see the 1994 NMSA 1978 on NMOneSource.com. For present comparable provision…

The department of transportation shall designate the main highways upon which motor carriers shall enter and leave the state and shall designate stations or establish places, either temporary or permanent, where inspection, registration and permit services shall be maintained and…

ANNOTATIONS Recompilations. — Laws 1998 (1st S.S.), ch. 10, § 10, recompiled former 65-1-12 NMSA 1978, relating to motor carriers required to register with the department, as 66-3- 1.1 NMSA 1978, effective July 1, 1998.

ANNOTATIONS Recompilations. — Laws 1998 (1st S.S.), ch. 10, § 10, recompiled former 65-1-12.1 NMSA 1978, relating to tax identification card, as 66-3-3.1 NMSA 1978, effective July 1, 1998. 65-1-13 to 65-1-22. Recompiled.

As used in the Motor Transportation Act: A. "combination" means any connected assemblage of a motor vehicle and one or more semitrailers, trailers or semitrailers converted to trailers by means of a converter gear; B. "combination gross vehicle weight" means the sum total of the …

ANNOTATIONS Repeals. — Laws 1992, ch. 106, § 23 repealed 65-1-23 NMSA 1978, as enacted by Laws 1978, ch. 76, § 1, relating to definitions concerning proportional registration, effective July 1, 1992. For provisions of former section, see the 1991 NMSA 1978 on NMOneSource.com.

ANNOTATIONS Recompilations. — Laws 1998 (1st S.S.), ch. 10, § 10, recompiled former 65-1-24 NMSA 1978, relating to allocation registration, one-way rental fleet vehicles, allocation of vehicles, fee, and identification, as 66-3-2.11 NMSA 1978, effective July 1, 1998.

ANNOTATIONS Repeals. — Laws 1992, ch. 106, § 23 repealed 65-1-25 NMSA 1978, as enacted by Laws 1967, ch. 97, § 15, relating to exemption of certain motor carriers, effective July 1, 1992. For provisions of former section, see the 1991 NMSA 1978 on NMOneSource.com.

ANNOTATIONS Recompilations. — Laws 1998 (1st S.S.), ch. 10, § 10, recompiled former 65-1-25.2 NMSA 1978, relating to intrastate livestock haulers, as 66-3-29 NMSA 1978, effective July 1, 1998.

vehicle; detention of vehicles. A. A commercial motor carrier vehicle operated on a New Mexico public highway by a motor carrier required to be registered with the department shall have in it at all times: (1) proof of payment of the trip tax; or (2) both evidence of registration…

The secretary or the secretary's representative may attend all hearings held by the department of transportation concerning motor transportation. The department of transportation shall notify the secretary of all such hearings, and the department is declared to be an interested p…

appropriations. A. Notwithstanding any other provision of law, the department is authorized to enter into agreements with financial institutions and credit card companies under which the department may accept payment by credit card from motor carriers of the taxes, fees or other …

The department and the department of transportation may require the motor carriers specified in this section to make payment of taxes, fees and other charges due under the Motor Transportation Act [Chapter 65, Articles 1, 3 and 5 NMSA 1978], Motor Vehicle Code [Chapter 66 NMSA 19…

All money collected by the department as agent for any other department, commission or agency of state government shall forthwith be remitted to them and by them distributed in the same manner as all other collections for the same items under their respective laws. All money coll…

Money collected under the Motor Transportation Act shall be paid to the state treasurer for the credit of the motor vehicle suspense fund not later than the close of the second business day after their [its] receipt. At the same time, the department shall deliver to the taxation …

It is the public policy of New Mexico to provide for fair and impartial enforcement of the motor transportation regulation and taxation laws of this state, and to promote safe, adequate, economical and efficient motor carrier service for the public benefit, without discrimination…

records. All current valid agreements entered into with other states by the commission created for the purpose of representing New Mexico in the matter of making reciprocal agreements relating to the operation of motor vehicles shall continue in effect according to their terms un…

ANNOTATIONS Repeals. — Laws 1989, ch. 319, § 15 repealed 65-1-31 NMSA 1978, as enacted by Laws 1972, ch. 7, § 46, relating to members, terms and duties of the reciprocity commission, effective July 1, 1989.

It is the policy of New Mexico to grant to vehicles properly registered or licensed in another jurisdiction, while engaged in interstate commerce in New Mexico, exemption from all or part of the fees, taxes or compensation required for unusual use of the highways and exemption fr…

The director shall extend to qualified motor vehicle fleets from states with which New Mexico has reciprocal agreements the privilege of either full reciprocity or proportional registration, as appropriate, of such motor vehicles engaged in interstate commerce in this state. Hist…

registration rules. A. The secretary shall enter into agreements with the authorities of other jurisdictions to carry out the policy stated in Section 65-1-32 NMSA 1978. The secretary shall negotiate and perfect such agreements. B. The secretary may enter into agreements with oth…

ANNOTATIONS Repeals. — Laws 1992, ch. 106, § 23 repealed 65-1-34 NMSA 1978, as enacted by Laws 1967, ch. 97, § 43, relating to assistance to carriers and motor vehicle division, effective July 1, 1992. For provisions of former section, see the 1991 NMSA 1978 on NMOneSource.com.

If the New Mexico state police division in carrying out any of the powers and duties granted or imposed on it by the Motor Transportation Act needs duplicates of any records not transferred to it by that act, all departments, agencies and commissions of this state shall, upon req…

A. Violation of Section 65-5-1, 65-5-2 or 66-3-1.1 NMSA 1978 is a misdemeanor punishable by a fine of not less than one hundred dollars ($100) or more than five hundred dollars ($500) or imprisonment not exceeding ninety days or by both the fine and imprisonment. B. Violation of …

If any payment required pursuant to the Motor Transportation Act is attempted to be made by check that is not paid upon presentment, such dishonor is presumptive of negligence. The penalty for such dishonor shall be not less than ten dollars ($10.00). This penalty is in addition …

ANNOTATIONS Recompilations. — Laws 1998 (1st S.S.), ch. 10, § 10, recompiled former 65-1-37 NMSA 1978, relating to proportional registration or reciprocal agreements with other jurisdictions for a declared gross weight, as 66-3-1.2 NMSA 1978, effective July 1, 1998.

History: Laws 2007, ch. 54, § 1; repealed by Laws 2015, ch. 3, § 45.

History: Laws 2007, ch. 54, § 2; repealed by Laws 2015, ch. , § 45.

History: Laws 2007, ch. 54, § 3; repealed by Laws 2015, ch. , § 45.

History: Laws 2007, ch. 54, § 4; repealed by Laws 2015, ch. , § 45.

History: Laws 2007, ch. 54, § 5; repealed by Laws 2015, ch. , § 45.

History: Laws 2007, ch. 54, § 6; repealed by Laws 2015, ch. 3, § 45.

History: Laws 2007, ch. 54, § 7; repealed by Laws 2015, ch. 3, § 45.

History: Laws 2007, ch. 54, § 8; repealed by Laws 2015, ch. 3, § 45.

Carrier Act and rules. The department shall: A. enforce in the field the provisions of the Motor Transportation Act and the Motor Carrier Act [Chapter 65, Article 2A NMSA 1978] and the rules promulgated by the department of transportation pursuant to the Motor Carrier Act; and B.…

History: 1978 Comp., § 65-1-7, enacted by Laws 1998 (1st S.S.), ch. 10, § 6; repealed by Laws 2015, ch. 3, § 45.

ANNOTATIONS Repeals. — Laws 1992, ch. 106, § 23 repealed 65-1-8 NMSA 1978, as enacted by Laws 1967, ch. 97, § 10, relating to bonding of division employees, effective July 1, 1992. For provisions of former section, see the 1991 NMSA 1978 on NMOneSource.com.

The department shall enforce and collect all excise taxes, license fees and other fees and charges of every nature and perform all inspections and collect all information considered necessary to enforce the laws of all departments, commissions and other agencies of state governme…

Chapter 65, Article 2A NMSA 1978 may be cited as the "Motor Carrier Act". History: Laws 2003, ch. 359, § 1; 2023, ch. 100, § 30.

History: Laws 2003, ch. 359, § 10; 2005, ch. 229, § 1; 2013, ch. 73, § 9; 2013, ch. 77, § 9; repealed by Laws 2023, ch. 100, § 82.

A. The department may without notice grant temporary authority to an applicant for a certificate or for amendment, lease or transfer of all or part of a certificate for a period not to exceed the duration of the application process, if it finds that: (1) the notice period for suc…

A. The department shall issue a warrant that allows a person to provide warranted service as a charter service, towing service or motor carrier of property if the department finds that the applicant is in compliance with the financial responsibility and safety requirements of the…

A. Any interested person or any member of the public may provide information to the department or express an objection to any application for a certificate, or for amendment, lease or transfer of a certificate, during the notice period for the application by filing a written obje…

A. A change in a certificate shall not be valid or effective without the approval of the department. B. The department may, for good cause and after notice and public hearing requirements are met, authorize the following changes in all or part of a certificate at the request of t…

allowed. A. A person may simultaneously hold certificates for different kinds of certificated services and warrants for different kinds of warranted service within the same territory. B. Any motor carrier that holds more than one certificate for the same kind and nature of certif…

A. Foreign and domestic motor carriers, motor private carriers, leasing companies, brokers and freight forwarders shall not operate in interstate commerce in this state without first registering with a base state and paying all fees as required under the federal Unified Carrier R…

History: Laws 2003, ch. 359, § 17; repealed by Laws 2013, ch. 73, § 34 and Laws 2013, ch. 77, § 34.

A. The department shall prescribe minimum requirements for financial responsibility for all motor carriers. B. A motor carrier shall not operate on the highways of this state without having filed with the department proof of financial responsibility in the form and amount as the …