Chapter 65, Chapter 65

Nothing contained in the Motor Carrier Act shall be construed: A. to limit or restrict the police jurisdiction or power of a municipality over its streets, highways and public places except as otherwise provided by law; B. in respect to matters other than rates and service regula…

A. In accordance with the Motor Carrier Act, the department shall: (1) issue operating authorities for a motor carrier operating in New Mexico; (2) establish minimum requirements for financial responsibility for motor carriers; provided that the financial responsibility standards…

when public hearings required. A. A person shall file an application for any matter for which department approval is required. An application shall be made in writing, verified and in a form that contains information and is accompanied by proof of service upon interested persons …

A. The department shall electronically publish notice regarding an application before the department for a certificate or for a change in a certificate, regarding proposed rulemaking, or regarding other orders of the department of general application, by posting a copy of the not…

A. Other than an entity receiving funding to supplement transportation services through Title III B of the federal Older Americans Act of 1965, no person shall offer or provide a transportation service for hire within the state without first obtaining an appropriate operating aut…

The legislature finds that: A. the federal Older Americans Act of 1965 was enacted in part to allow older Americans to continue "meaningful activity within the widest range of civic, cultural, education and training and recreational opportunities"; B. federal funding through Titl…

A. The department may issue a certificate for a passenger service as follows: (1) a certificate for an ambulance service; (2) a certificate for a shuttle service shall be endorsed for nature of service as a scheduled shuttle service or as a general shuttle service; (3) a certific…

A. Except as provided in this section and in Section 65-2A-13 NMSA 1978, the department shall issue a certificate allowing a person to provide household goods service after notice and public hearing requirements are met, if the applicant: (1) is fit and able to provide the transp…

Sections 65-3-1 through 65-3-13 [65-3-14] NMSA 1978 may be cited as the "Motor Carrier Safety Act". History: 1978 Comp., § 65-3-1, enacted by Laws 1989, ch. 201, § 2.

The director shall adopt rules and regulations not inconsistent with or more stringent than applicable federal safety standards concerning records and reports required to be made and kept by motor carriers of accidents which occur during their operations. Nothing in this section …

The director shall adopt rules and regulations not inconsistent with nor more stringent than applicable federal safety standards concerning the hours of service of drivers. A. These regulations shall include but not be limited to maximum driving and on- duty time, travel time, ma…

The director shall adopt rules and regulations concerning the systematic inspection, repair and maintenance of all commercial motor carrier vehicles. The regulations shall not be inconsistent with or more stringent than applicable federal safety standards. A. The regulations shal…

The director shall adopt regulations not inconsistent with or more stringent than applicable federal safety standards concerning the safe transportation of hazardous materials, including hazardous substances and waste. A. These regulations shall include but not be limited to: (1)…

A. A motor carrier shall have an in-house drug and alcohol testing program that meets the requirements of 49 C.F.R. part 382 or be a member of a consortium, as defined in 49 C.F.R. part 382.107, that provides testing that meets the requirements of 49 C.F.R. part 382. B. A person …

The legislature finds that highway safety is of utmost public concern. The purpose of the Motor Carrier Safety Act is to protect the New Mexico traveling public by ensuring the safe operation of commercial motor carrier vehicles on New Mexico's highways. History: 1978 Comp., § 65…

A. Notwithstanding any provision of the Motor Vehicle Code [Chapter 66, Articles 1 to 8 NMSA 1978] to the contrary, the provisions of the Motor Carrier Safety Act and the regulations promulgated under that act shall apply to a commercial motor carrier vehicle operating on the pub…

A. The secretary is directed to adopt in accordance with Section 65-1-10 NMSA 1978 [repealed] necessary rules and regulations under the Motor Carrier Safety Act as they apply to motor carrier safety. Such rules and regulations shall not be inconsistent with or more stringent than…

A. Any person who violates the provisions of the Motor Carrier Safety Act is guilty of a misdemeanor and shall be punished by a fine not exceeding five hundred dollars ($500) or thirty days in jail, or both. B. The director may, by regulation, authorize a penalty assessment progr…

A. A person shall not drive a motor vehicle unless the person is qualified to drive a motor vehicle, and a motor carrier shall not require or permit a person to drive a motor vehicle unless that person is qualified to drive a motor vehicle. B. A person is qualified to drive a com…

A. No person shall drive a motor vehicle, and no motor carrier shall be required or permit a person to drive a motor vehicle, unless the driver has satisfied himself that: (1) all safety-related parts and accessories are in good working order; (2) the cargo and equipment are prop…

The director shall adopt regulations not inconsistent with or more stringent than applicable federal safety standards concerning the following parts and accessories necessary for the safe operation of a commercial motor carrier: A. lighting devices, reflectors and electrical equi…

information; inspection. A. All commercial motor carrier vehicles shall enter, leave or travel through the state on designated highways and shall stop at every port of entry as designated by the division for manifesting and clearance stickers, except as provided in Subsection H o…

A. It is the intent of the legislature to promote economic development and to streamline the collection of revenues and the regulation of the trucking industry by authorizing the secretary to enter into bilateral agreements for the location, erecting, staffing and operation of po…

The department may require commercial motor carrier vehicles to stop at a joint port of entry in an adjoining state. The joint port of entry shall be established pursuant to an agreement entered into between the department and another state pursuant to Section 9-11-12 NMSA 1978. …

Except as otherwise provided in this section, a commercial motor carrier vehicle having a gross vehicle weight or combination gross vehicle weight of over twenty-six thousand pounds shall not travel on New Mexico highways without either proof that the trip tax has been paid for t…

After inspection of the vehicle and related documentation and any necessary registration, clearance certificates or special permits may be issued by the department for: A. commercial motor carrier vehicles operating in compliance with the provisions of the Motor Carrier Act [Chap…

border commercial zone; registration exemption; financial responsibility; domestic transportation. A. A Mexican commercial motor vehicle is exempt from requirements for motor vehicle registration in this state, including temporary registration, if the motor vehicle is engaged sol…

Chapter 65, Article 6 NMSA 1978 may be cited as the "Ambulance Standards Act". History: 1953 Comp., § 64-40-1, enacted by Laws 1974, ch. 82, § 1; 2023, ch. 100, § 65.

As used in the Ambulance Standards Act: A. "ambulance" means a vehicle, including motor vehicles or watercraft, designed and used or intended to be used for the transportation of sick or injured persons; B. "attendant" means a person who, on a regular or irregular basis, either p…

The purpose of the Ambulance Standards Act is to provide uniform standards of design, equipment and operation of ambulances used in the transportation of the sick and injured, and to ensure the highest standards of competence in the ambulance drivers and attendants providing serv…

The department, in accordance with its responsibilities to regulate common carriers, shall hold public hearings as prescribed in the Motor Carrier Act [Chapter 65, Article 2A NMSA 1978] and adopt rules: A. for the establishment of reasonable, flexible standards for ambulances, in…

The Ambulance Standards Act does not apply to: A. gratuitous assistance by any individual in the case of an emergency; B. law enforcement officials in the pursuit of their duties; and C. ambulances owned by a private company, corporation or business used primarily for the transpo…

Chapter 65, Article 7 NMSA 1978 may be cited as the "Transportation Network Company Services Act". History: Laws 2016, ch. 80, § 1; 2023, ch. 100, § 68.

A. Insurers that write automobile insurance in New Mexico may exclude any part or all coverage of and the duty to defend and indemnify an owner or operator of a personal vehicle for any loss or injury that occurs while a driver is logged on to a digital network or while engaged i…

A. A transportation network company shall implement and enforce a zero-tolerance policy regarding drug and alcohol use by transportation network company drivers. The zero-tolerance policy shall prohibit any use or impairment due to intoxicating drugs or liquor while a transportat…

A. Before allowing a transportation network company driver to accept prearranged ride requests through a transportation network company's digital network: (1) the prospective driver shall submit an application to the transportation network company that includes the individual's a…

A. A transportation network company shall not allow a driver to be connected to potential passengers using the digital network or software application service of the transportation network company if the motor vehicle operated by the driver to provide transportation services: (1)…

A transportation network company driver shall not solicit or accept street hails. History: Laws 2016, ch. 80, § 14.

A transportation network company shall adopt and enforce a policy prohibiting solicitation or acceptance of cash payments from riders. Any payment for prearranged rides shall be made only electronically by a digital network. History: Laws 2016, ch. 80, § 15.

A. A transportation network company shall adopt a written policy of nondiscrimination on the basis of destination, race, color, national origin, religious belief or affiliation, sex, disability, age, sexual orientation or gender identity with respect to transportation network com…

A. A transportation network company shall maintain: (1) individual prearranged ride records for at least four years from the date each ride was provided; and (2) individual records of transportation network company drivers for at least four years after the driver's relationship w…

A. No municipality or other local entity may impose a tax on or require a license for a transportation network company, a transportation network company driver or a vehicle used by a transportation network company driver where a tax or license relates to providing prearranged rid…

collection of fees. A. The "transportation network fund" is created in the state treasury for the purpose of ensuring the safety and financial responsibility of transportation network companies and transportation network company drivers. The fund shall consist of fees collected p…

As used in the Transportation Network Company Services Act: A. "digital network" means an internet-supported application, software, program, website or system offered or utilized by a transportation network company that enables the prearrangement of transportation by passengers w…

transportation. A. A transportation network company holding a permit issued by the department of transportation shall maintain the records required pursuant to the Transportation Network Company Services Act to be collected by the transportation network company, including records…

A. If the department of transportation finds after investigation that a provision of the Transportation Network Company Services Act or an order or rule of the department is being, has been or is about to be violated, it may issue an order specifying the actual or proposed acts o…

A. The department of transportation shall immediately suspend, without notice or a hearing, the permit of a transportation network company that: (1) does not continuously maintain the insurance coverage prescribed by the Transportation Network Company Services Act; (2) does not p…

A. A transportation network company may connect a driver to a rider for the purpose of providing non-emergency medical transportation services, including providing non- emergency medical transportation services under the state's medicaid program. B. The medical assistance divisio…

Transportation network companies and transportation network company drivers shall not be subject to the Motor Carrier Act [Chapter 65, Article 2A NMSA 1978] or deemed to provide any transportation service as defined in the Motor Carrier Act. A transportation network company drive…

A. A person shall not operate a transportation network company in New Mexico without first having obtained a permit from the department of transportation. B. A permit issued to a transportation network company by the department of transportation shall be effective for one year. C…