2005 House Bill text for HB0270

HOUSE BILL 270

47th legislature - STATE OF NEW MEXICO - second session, 2006

INTRODUCED BY

Richard D. Vigil

AN ACT

RELATING TO MOTOR VEHICLES; CREATING THE MOTOR TRANSPORTATION DEPARTMENT; TRANSFERRING THE MOTOR TRANSPORTATION DIVISION OF THE DEPARTMENT OF PUBLIC SAFETY, INCLUDING THE POWERS AND PERSONNEL TO ADMINISTER AND ENFORCE THE MOTOR TRANSPORTATION ACT AND OTHER PROVISIONS OF LAW RELATING TO MOTOR CARRIERS, TO THE MOTOR TRANSPORTATION DEPARTMENT; PROVIDING FOR THE ORGANIZATION, POWERS AND ADMINISTRATION OF THE HIGHWAY PATROL DIVISION; REQUIRING RULEMAKING; CREATING CRIMINAL OFFENSES REGARDING AND PROVIDING PENALTIES FOR MISUSE OF A HIGHWAY PATROL DIVISION UNIFORM, BADGE OR VEHICLE; RECONCILING MULTIPLE AMENDMENTS TO THE SAME SECTION OF LAW IN LAWS 2003; MAKING AN APPROPRIATION.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

Section 1. [NEW MATERIAL] SHORT TITLE.--Sections 1 through 10 of this act may be cited as the "Motor Transportation Department Act".

Section 2. [NEW MATERIAL] PURPOSE.--The purpose of the Motor Transportation Department Act is to establish a single, unified department to efficiently administer and enforce laws and exercise functions concerning commercial vehicle safety and operation.

Section 3. [NEW MATERIAL] DEFINITIONS.--As used in the Motor Transportation Department Act:

A. "department" means the motor transportation department; and

B. "secretary" means the secretary of motor transportation.

Section 4. [NEW MATERIAL] DEPARTMENT CREATED.--The "motor transportation department" is created in the executive branch. The department is a cabinet department and consists of an administrative division, an information and technology division and two program divisions as follows:

A. the highway patrol division; and

B. the ports of entry division.

Section 5. [NEW MATERIAL] SECRETARY--APPOINTMENT.--

A. The administrative head of the department is the "secretary of motor transportation". The secretary is appointed by the governor with the consent of the senate and serves in the executive cabinet.

B. The appointed secretary serves and has all the duties, responsibilities and authority of that office during the period of time prior to final action by the senate confirming or rejecting the appointment.

Section 6. [NEW MATERIAL] DIVISION DIRECTORS.--The secretary shall appoint, with the approval of the governor, directors of the divisions established within the department. Division directors are exempt from the Personnel Act.

Section 7. [NEW MATERIAL] STAFFING--ORGANIZATION.--The secretary shall make recommendations to the first session of the forty-ninth legislature on the required staffing levels for the department. The secretary shall organize the department so that it focuses on public safety and commercial vehicle safety.

Section 8. [NEW MATERIAL] SECRETARY--DUTIES AND GENERAL POWERS.--

A. The secretary is responsible to the governor for the operation of the department. It is the secretary's duty to manage all operations of the department and to administer and enforce the laws with which the secretary or the department is charged.

B. To perform these duties, the secretary has every power expressly enumerated in the laws, whether granted to the secretary or the department or any division of the department, except where authority conferred upon any division is explicitly exempted from the secretary's authority by statute. In accordance with these provisions, the secretary shall:

(1) except as otherwise provided in the Motor Transportation Department Act, exercise general supervisory and appointing authority over all department employees, subject to any applicable personnel laws and regulations;

(2) delegate authority to subordinates as the secretary deems necessary and appropriate, clearly delineating the limitations of authority;

(3) organize the department into those organizational units the secretary deems will enable it to function most efficiently, subject to any provisions of law requiring or establishing specific organizational units;

(4) within the limitations of available appropriations and applicable laws, employ and fix the compensation of those persons necessary to discharge the secretary's duties;

(5) take administrative action by issuing orders and instructions, consistent with law, to ensure compliance with the provisions of the Motor Transportation Department Act, and enforce those orders and instructions by appropriate administrative action in the courts;

(6) conduct research that will improve the operation of the department and the provision of services to the residents of the state;

(7) provide courses of instruction and practical training for employees of the department and for other persons involved in the administration of programs in the department with the objective of improving the operation and efficiency of administration;

(8) prepare an annual budget for the department;

(9) cooperate with administratively attached agencies and adjunct agencies to:

(a) minimize or eliminate duplication of services and jurisdictional conflicts;

(b) coordinate activities and resolve problems of mutual concern; and

(c) resolve by agreement the manner and extent to which the department shall provide budgeting, record keeping and related clerical assistance to administratively attached agencies;

(10) give bond in the penal sum of twenty-five thousand dollars ($25,000) and require directors to each give bond in the penal sum of ten thousand dollars ($10,000) conditioned upon the faithful performance of duties as provided in the Surety Bond Act. The department shall pay the costs of these bonds; and

(11) require performance bonds of department employees and officers as the secretary deems necessary as provided in the Surety Bond Act. The department shall pay the costs of these bonds.

C. With the governor's approval and in the name of the department, the secretary may apply for and receive public or private funds, including United States government funds, available to the department to carry out its programs, duties or services.

D. When functions of departments are duplicated or a function assigned to one department could be performed better by another department, the secretary may recommend remedial legislation to the next session of the legislature for its approval.

E. The secretary may issue reasonable procedural rules necessary to carry out the duties of the department. No rule promulgated by the director of any division in carrying out the functions and duties of the division shall be effective until approved by the secretary, unless otherwise provided by statute. Unless otherwise provided by statute, no rule affecting any person or agency outside the department shall be adopted, amended or repealed without a public hearing on the proposed action before the secretary or a hearing officer designated by the secretary. The public hearing shall be held in Santa Fe unless otherwise permitted by statute. Notice of the subject matter of the rule, the action proposed, the time and place of the hearing, the manner in which interested persons may present their views and the method by which copies of the proposed rule, amendment or repeal of an existing rule may be obtained shall be published once at least thirty days prior to the hearing date in a newspaper of general circulation and mailed at least thirty days prior to the hearing date to all persons who have made a written request for advance notice of the hearing. Rules shall be filed in accordance with the State Rules Act.

Section 9. [NEW MATERIAL] ORGANIZATIONAL UNITS OF THE DEPARTMENT--POWERS AND DUTIES SPECIFIED BY LAW--ACCESS TO INFORMATION.--Those organizational units of the department and the officers of those units specified by law shall have all of the powers and duties enumerated in the specific laws involved. However, the carrying out of those powers and duties shall be subject to the direction and supervision of the secretary, who shall retain the final decision-making authority and responsibility for the administration of any laws as provided in the Motor Transportation Department Act. The department shall have access to all records, data and information of other state departments, agencies and institutions, including its own organizational units, not specifically held confidential by law.

Section 10. [NEW MATERIAL] ADVISORY COMMITTEES.--

A. The secretary may create advisory committees. As used in this section, "advisory" means furnishing advice, gathering information, making recommendations and performing other activities as may be instructed or delegated and as may be necessary to fulfill advisory functions or to comply with federal or private funding requirements. Advisory committee duties do not extend to administering a program or function or setting policy unless specified by law. Advisory committees shall be appointed in accordance with the provisions of the Executive Reorganization Act.

B. Members of advisory committees appointed under the authority of this section shall be reimbursed for per diem and mileage as provided in the Per Diem and Mileage Act and shall receive no other compensation, perquisite or allowance.

Section 11. Section 7-15A-12 NMSA 1978 (being Laws 2003 (1st S.S.), Chapter 3, Section 6) is amended to read:

"7-15A-12. WEIGHT DISTANCE TAX IDENTIFICATION PERMITS--SUSPENSION AND RENEWAL.--

A. An operator of a motor vehicle registered in this state and subject to the weight distance tax shall display a weight distance tax identification permit issued for that vehicle to an enforcement officer of the motor transportation department [of public safety] upon demand of that [employee] officer and when the vehicle passes through a port of entry.

B. The department may suspend or decline to renew a weight distance tax identification permit for a motor vehicle if the owner or operator of the vehicle does not comply with the provisions of the Weight Distance Tax Act."

Section 12. Section 9-19-4 NMSA 1978 (being Laws 1987, Chapter 254, Section 4, as amended) is amended to read:

"9-19-4. DEPARTMENT ESTABLISHED.--There is created in the executive branch the "department of public safety". The department shall be a cabinet department and shall consist of, but not be limited to, [five] four program divisions, an administrative division and an information technology division as follows:

A. the New Mexico state police division;

B. the special investigations division;

C. the training and recruiting division;

D. the technical and emergency support division;

E. the administrative services division; and

[F. the motor transportation division; and

G.] F. the information technology division."

Section 13. Section 65-1-2 NMSA 1978 (being Laws 1978, Chapter 19, Section 1, as amended) is amended to read:

"65-1-2. DEFINITIONS.--As used in the Motor Transportation Act:

A. "chief" means the director of the division;

[A.] B. "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.] C. "combination gross vehicle weight" means the sum total of the gross vehicle weights of all units of a combination;

[C.] D. "commercial motor carrier vehicle" means a self-propelled or towed vehicle, other than special mobile equipment, used on public highways in commerce to transport passengers or property when the vehicle:

(1) is operated interstate and has a gross vehicle weight rating or gross combination weight rating, or gross vehicle weight or gross combination weight, of four thousand five hundred thirty-six kilograms, or ten thousand one pounds or more; or is operated only in intrastate commerce and has a gross vehicle weight rating or gross combination weight rating, or gross vehicle weight or gross combination weight, of twenty-six thousand one or more pounds;

(2) is designed or used to transport more than eight passengers, including the driver, and is used to transport passengers for compensation;

(3) is designed or used to transport more than fifteen passengers, including the driver, and is not used to transport passengers for compensation; or

(4) is used to transport hazardous materials of the type or quantity requiring placarding under rules prescribed by applicable federal or state law;

[D.] E. "converter gear" means any assemblage of one or more axles with a fifth wheel mounted [thereon] designed for use in a combination to support the front end of a semitrailer, but not be permanently attached [thereto]. A "converter gear" shall not be considered a vehicle as that term is used in Chapter 66 NMSA 1978, but its weight [attributable thereto] shall be included in declared gross weight;

[E.] F. "declared gross weight" means maximum gross vehicle weight or combination gross vehicle weight at which a vehicle or combination will be operated during the registration period as declared by the registrant for registration and fee purposes. The vehicle or combination shall have only one "declared gross weight" for all operating considerations;

[F.] G. "department", without modification, means the motor transportation department [of public safety], the secretary of [public safety] motor transportation or any employee of the department exercising authority lawfully delegated to that employee by the secretary;

[G.] H. "director" means the secretary;

[H.] I. "division" means the [motor transportation] highway patrol division of the department;

[I.] J. "evidence of registration" means documentation issued by the [taxation and revenue] department identifying a motor carrier vehicle as being registered with New Mexico or documentation issued by another state pursuant to the terms of a multistate agreement on registration of vehicles to which this state is a party identifying a motor carrier vehicle as being registered with that state; provided that evidence of payment of the weight distance tax and permits obtained under either the Special Fuels Supplier Tax Act or Trip Tax Act are not "evidence of registration";

[J.] K. "field enforcement" or "in the field" means patrolling of the highway, stopping of commercial motor carrier vehicles or establishing ports of entry and roadblocks for the purpose of checking motor carriers and includes similar activities;

[K.] L. "freight trailer" means [any] a trailer, semitrailer or pole trailer drawn by a truck tractor or road tractor and [any] a trailer, semitrailer or pole trailer drawn by a truck that has a gross vehicle weight of more than twenty-six thousand pounds, but the term does not include house trailers, trailers of less than one-ton carrying capacity used to transport animals or fertilizer trailers of less than three thousand five hundred pounds empty weight;

[L.] M. "gross vehicle weight" means the weight of a vehicle without load plus the weight of [any] a load; [thereon;

M.] N. "motor carrier" means [any] a person [that] who owns, controls, operates or manages [any] a motor vehicle with gross vehicle weight of twelve thousand pounds or more that is used to transport persons or property on the public highways of this state;

[N.] O. "motor vehicle" means [any] a vehicle or device that is propelled by an internal combustion engine or electric motor power that is used or may be used on the public highways for the purpose of transporting persons or property and includes any connected trailer or semitrailer;

P. "officer" means a commissioned officer of the division;

[O.] Q. "one-way rental fleet" means two or more vehicles each having a gross vehicle weight of under twenty-six thousand one pounds and rented to the public without a driver;

[P.] R. "person" means [any] an individual, estate, trust, receiver, cooperative association, club, corporation, company, firm, partnership, joint venture, syndicate or other association; "person" also means, to the extent permitted by law, [any] a federal, state or other governmental unit or subdivision or an agency, department or instrumentality thereof; "person" also includes an officer or employee of a corporation, a member or employee of a partnership or [any] an individual who [as such] is under a duty to perform [any] an act in respect of which a violation occurs;

[Q.] S. "properly registered" means bearing the lawfully issued and currently valid evidence of registration of this or another jurisdiction, regardless of the owner's residence, except in those cases where the evidence has been procured by misrepresentation or fraud;

[R.] T. "public highway" means every way or place generally open to the use of the public as a matter of right for the purpose of vehicular travel, even though it may be temporarily closed or restricted for the purpose of construction, maintenance, repair or reconstruction;

[S.] U. "secretary" means the secretary of [public safety] motor transportation and, except for the purposes of Section 65-1-33 NMSA 1978, also includes [the] a deputy secretary and any division director delegated by the secretary;

[T.] V. "state" or "jurisdiction" means a state, territory or possession of the United States, the District of Columbia, the commonwealth of Puerto Rico, a foreign country or a state or province of a foreign country; and

[U.] W. "utility trailer" means [any] a trailer, semitrailer or pole trailer and includes house trailers that exceed neither eight feet in width nor forty feet in length, but does not include freight trailers, trailers of less than one-ton carrying capacity used to transport animals or fertilizer trailers of less than three thousand five hundred pounds empty weight."

Section 14. A new section of the Motor Transportation Act is enacted to read:

"[NEW MATERIAL] HIGHWAY PATROL DIVISION--ORGANIZATION.--The division shall consist of a chief, deputy chief, major, captains, lieutenants, sergeants, officers and noncommissioned personnel according to the Personnel Act within the limits of the funds appropriated for the division."

Section 15. A new section of the Motor Transportation Act is enacted to read:

"[NEW MATERIAL] APPOINTMENTS--REMOVAL.--The secretary shall appoint the chief. The chief shall serve at the pleasure of the secretary. The chief is the executive officer of the division and shall be subject to the control, supervision and direction of the secretary. Officers and civilian employees of the division shall be appointed by the chief according to rules adopted pursuant to the Personnel Act."

Section 16. A new section of the Motor Transportation Act is enacted to read:

"[NEW MATERIAL] QUALIFICATIONS OF AN OFFICER.--An officer, except the chief, shall:

A. at the time of the officer's appointment, be a citizen of the United States and at least twenty-one years of age;

B. be of good moral character and not have been convicted of a felony or an infamous crime in a court of a county, this state or another state or in a federal court;

C. pass a physical examination and any other examination the department may require; and

D. hold a high school diploma or the equivalent."

Section 17. A new section of the Motor Transportation Act is enacted to read:

"[NEW MATERIAL] CHIEF AND OTHER OFFICERS--POWERS AND DUTIES.--The chief and other officers shall be:

A. peace officers in the performance of their duties with full power to apprehend, arrest and bring before the proper court law violators within the state and authority to enforce the Motor Carrier Act, the Motor Transportation Act, the Motor Vehicle Code and the Criminal Code; and

B. ex-officio deputies and agents of the officers of the taxation and revenue department and of the officers and departments within the state charged with registration of motor vehicles and the issuance of licenses to operators of motor vehicles."

Section 18. A new section of the Motor Transportation Act is enacted to read:

"[NEW MATERIAL] COMMISSIONS--SALARY.--

A. The chief shall commission officers.

B. Salary for officers shall be determined pursuant to the Personnel Act."

Section 19. A new section of the Motor Transportation Act is enacted to read:

"[NEW MATERIAL] UNIFORM AND BADGES--UNIFORM ALLOWANCE TO BE SET BY SECRETARY.--The secretary shall provide and issue to each officer a suitable and distinctive uniform and an appropriate badge, which shall contain in plain legible letters the words "Highway Patrol Officer". Officers shall wear the prescribed uniform and badge when on duty, except when directed differently by the chief, the secretary or the governor. A uniform allowance shall be established by the secretary and allowed in addition to an officer's and a noncommissioned uniformed employee's salary and shall be paid according to department policy."

Section 20. A new section of the Motor Transportation Act is enacted to read:

"[NEW MATERIAL] UNAUTHORIZED WEARING OF UNIFORM OR BADGE--UNAUTHORIZED MARKING OF MOTOR VEHICLE--PENALTY.--

A. Unauthorized wearing of an officer's uniform or badge consists of wearing or requiring the wearing, without the authorization of the chief, of a uniform or badge whose material, color or design causes the wearer to appear to be an officer.

B. Unauthorized marking of a division motor vehicle consists of marking, using, possessing or owning or requiring the marking or using, without the authorization of the chief, of a motor vehicle whose insignia, color or equipment causes the motor vehicle to appear to be a division motor vehicle.

C. A person who commits unauthorized wearing of an officer's uniform or badge pursuant to Subsection A of this section or unauthorized marking of a division motor vehicle pursuant to Subsection B of this section is guilty of a petty misdemeanor and shall be sentenced pursuant to Section 31-19-1 NMSA 1978."

Section 21. Section 65-2A-4 NMSA 1978 (being Laws 2003, Chapter 359, Section 4) is amended to read:

"65-2A-4. POWERS AND DUTIES OF THE COMMISSION.--

A. In accordance with the Motor Carrier Act, the commission shall:

(1) issue operating authorities for a motor carrier operating in New Mexico;

(2) establish minimum requirements for financial responsibility for a motor carrier;

(3) establish safety requirements for intrastate motor carrier motor vehicles and drivers subject to the jurisdiction of the commission, provided that the safety requirements shall not be inconsistent with or more stringent than applicable federal safety standards;

(4) establish reasonable requirements with respect to continuous and adequate service to be provided under an operating authority;

(5) regulate the rates of intrastate common motor carriers of persons and household goods and towing services performing nonconsensual tows, including rates for storing household goods and motor vehicles;

(6) determine matters of public convenience and necessity relating to motor carriers;

(7) subpoena witnesses and records, enforce its subpoenas through a court and, through the court, seek a remedy for contempt;

(8) hold a public hearing specific to a protest or request that has been filed timely in opposition to or in consideration of an application; and

(9) adopt rules, issue orders and conduct activities necessary to implement and enforce the Motor Carrier Act.

B. The commission may:

(1) designate inspectors [who may] to inspect the records of a motor carrier subject to the Motor Carrier Act and who shall have the powers of peace officers in the state's political subdivisions with respect to a law or rule that the commission is empowered to enforce pursuant to Section 65-1-6 NMSA 1978, excluding the enforcement authority granted to the motor transportation [division of the] department [of public safety];

(2) institute civil actions in the district court of Santa Fe county in its own name to enforce the Motor Carrier Act, its orders and rules, and in the name of the state to recover assessments of administrative fines;

(3) [from time to time] modify the type of service, territory, terms, conditions and limitations of operating authorities previously issued, and change or rescind rates previously adopted as needed; and

(4) adopt rules to implement these powers."

Section 22. Section 65-2A-19 NMSA 1978 (being Laws 2003, Chapter 359, Section 19) is amended to read:

"65-2A-19. SAFETY REQUIREMENTS FOR MOTOR VEHICLES AND DRIVERS USED IN COMPENSATED TRANSPORTATION.--

A. A motor carrier shall provide safe and adequate service, equipment and facilities for the rendition of transportation services in this state.

B. The commission shall prescribe safety requirements for drivers and for motor vehicles weighing twenty-six thousand pounds or less or carrying fifteen or fewer persons, including the driver, used by intrastate motor carriers operating in this state. The commission may prescribe additional requirements related to safety, including driver safety training programs, vehicle preventive maintenance programs, inquiries regarding the safety of the motor vehicles and drivers employed by a motor carrier, and the appropriateness of the motor vehicles and equipment for the transportation services to be provided by the motor carrier.

C. A commuter service shall certify that it has a program providing for an initial drug test for a person seeking to be a commuter service driver. The program shall use reasonable collection and analysis procedures to ensure accurate results, require testing only for substances controlled by federal regulation of commercial motor carriers and ensure the confidentiality of the test results and medical information obtained.

D. The motor transportation [division of the] department [of public safety] may immediately order, without notice or a public hearing, a motor vehicle to be taken out of service for violation of a federal or state law or rule relating to safety if the violation would endanger the public health or safety."

Section 23. Section 65-2A-27 NMSA 1978 (being Laws 2003, Chapter 359, Section 27) is amended to read:

"65-2A-27. INVOLUNTARY SUSPENSION, REVOCATION OR AMENDMENT OF OPERATING AUTHORITIES--REINSTATEMENT.--

A. The commission shall immediately suspend, without notice or a public hearing, the operating authority of a motor carrier for failure to continuously maintain the forms and amounts of financial responsibility prescribed by commission rule.

B. The commission may immediately suspend, without notice or a public hearing, the operating authority of a motor carrier for violation of a safety requirement of the Motor Carrier Act, the commission's rules or the rules of the motor transportation [division of the] department [of public safety], if the violation endangers the public health or safety.

C. The commission may, upon complaint or the commission's own initiative and after notice and a public hearing, if required, order involuntary suspension, revocation or amendment, in whole or in part, of an operating authority for failure to:

(1) comply with a provision of the Motor Carrier Act;

(2) comply with a lawful order or rule of the commission;

(3) comply with a term, condition or limitation of an operating authority; or

(4) render reasonably continuous and adequate service under a certificate or permit.

D. The commission may approve an application for reinstatement of an operating authority following involuntary suspension if it finds, after notice and public hearing requirements are met, that:

(1) the reasons for the involuntary suspension no longer pertain; and

(2) the owner of the operating authority is fit, willing and able to provide the authorized transportation services and to comply with the Motor Carrier Act and the rules of the commission."

Section 24. Section 65-2A-29 NMSA 1978 (being Laws 2003, Chapter 359, Section 29) is amended to read:

"65-2A-29. REPORTS AND RECORDS.--

A. The commission shall establish reasonable requirements with respect to reports, records and uniform systems of accounts and preservation of records for motor carriers.

B. The commission may require a motor carrier owning operating authority from the commission to prepare and transmit to the commission an annual report of its operations. The report shall be in the form, contain specific information, including financial information, and be due on a date as the commission may by rule require. Financial data filed by motor carriers in annual reports shall not be made available for inspection by the public.

C. The commission or its employees or duly authorized agents shall, at all times, have access to:

(1) land, buildings, improvements to real property and equipment of motor carriers used in connection with their operations; and

(2) records kept by motor carriers.

D. The commission may, by order, require a motor carrier subject to the Motor Carrier Act, or its officers or agents, to produce within this state at such reasonable time and place as it may designate, original or certified copies of records regardless of where they are kept by the motor carrier when their production is pertinent to a matter before the commission, in order that the commission may examine them.

E. The motor transportation [division of the] department [of public safety] shall furnish to the commission all information needed or required by the commission to carry out its responsibilities when the information is obtainable only through field enforcement."

Section 25. Section 66-1-4.17 NMSA 1978 (being Laws 1990, Chapter 120, Section 18, as amended by Laws 2003, Chapter 141, Section 1 and by Laws 2003, Chapter 164, Section 3) is amended to read:

"66-1-4.17. DEFINITIONS.--As used in the Motor Vehicle Code:

A. "tank vehicle" means a motor vehicle that is designed to transport any liquid or gaseous material within a tank that is either permanently or temporarily attached to the vehicle or the chassis and that has either a gross vehicle weight rating of twenty-six thousand one or more pounds or is used in the transportation of hazardous materials requiring placarding of the vehicle under applicable law;

B. "taxicab" means a motor vehicle used for hire in the transportation of persons, having a normal seating capacity of not more than seven persons;

C. "through highway" means every highway or portion [thereof] of a highway at the entrance to which vehicular traffic from intersecting highways is required by law to stop before entering or crossing it when stop signs are erected as provided in the Motor Vehicle Code;

D. "title service company" means a person, other than the department, an agent of the department, a licensed dealer or the motor transportation [division of the] department [of public safety], who for consideration issues temporary registration plates or prepares and submits to the department on behalf of others applications for registration of or title to motor vehicles;

E. "traffic" means pedestrians, ridden or herded animals, vehicles and other conveyances either singly or together using any highway for purposes of travel;

F. "traffic-control signal" means any device, whether manually, electrically or mechanically operated, by which traffic is alternately directed to stop and to proceed;

G. "traffic safety bureau" means the traffic safety bureau of the [state highway and] department of transportation [department];

H. "trailer" means any vehicle without motive power, designed for carrying persons or property and for being drawn by a motor vehicle, and so constructed that no significant part of its weight rests upon the towing vehicle;

I. "transportation inspector" means an employee of the motor transportation [division of the] department [of public safety] who has been certified by the [director of the division] secretary of motor transportation to enter upon and perform inspections of motor carriers' vehicles in operation;

J. "transporter of manufactured homes" means a commercial motor vehicle operation engaged in the business of transporting manufactured homes from the manufacturer's location to the first dealer's location. A "transporter of manufactured homes" may or may not be associated with or affiliated with a particular manufacturer or dealer;

K. "travel trailer" means a trailer with a camping body and includes recreational travel trailers and camping trailers;

L. "trial court" means the magistrate, municipal or district court that tries the case concerning an alleged violation of a provision of the Motor Vehicle Code;

[L.] M. "tribal court" means a court created by a tribe or a court of Indian offense created by the United States secretary of the interior;

[M.] N. "tribe" means an Indian nation, tribe or pueblo located wholly or partially in New Mexico;

[N.] O. "truck" means every motor vehicle designed, used or maintained primarily for the transportation of property;

[O.] P. "truck camper" means a camping body designed to be loaded onto, or affixed to, the bed or chassis of a truck. A camping body, when combined with a truck or truck cab and chassis, even though not attached permanently, becomes a part of the motor vehicle, and together they are a recreational unit to be known as a "truck camper"; there are three general types of truck campers:

(1) "slide-in camper" means a camping body designed to be loaded onto and unloaded from the bed of a pickup truck;

(2) "chassis-mount camper" means a camping body designed to be affixed to a truck cab and chassis; and

(3) "pickup cover" or "camper shell" means a camping body designed to provide an all-weather protective enclosure over the bed of a pickup truck and to be affixed [thereto] to the pickup truck; and

[P.] Q. "truck tractor" means every motor vehicle designed and used primarily for drawing other vehicles and not so constructed as to carry a load other than a part of the weight of the vehicle and load so drawn."

Section 26. Section 66-7-411 NMSA 1978 (being Laws 1978, Chapter 35, Section 482, as amended) is amended to read:

"66-7-411. AUTHORIZED REPRESENTATIVE MAY WEIGH VEHICLES AND REQUIRE REMOVAL OF EXCESS LOADS--GRADUATED PENALTIES.--

A. [Any police] An officer with the motor transportation [division] department or the New Mexico state police division of the department of public safety, having reason to believe that the weight of a vehicle and load is unlawful, may require the driver to stop and submit to weighing of the vehicle and load by means of either portable or stationary scales and may require the vehicle to be driven to the nearest scales approved by the motor transportation department [of public safety] if the scales are within five miles.

B. When [a police] an officer with the motor transportation [division] department or the New Mexico state police division of the department of [the] public safety or a transportation inspector, upon weighing a vehicle or combination, determines that the gross vehicle weight or combination gross vehicle weight exceeds the maximum authorized by Sections 66-7-409 and 66-7-410 NMSA 1978, the officer or inspector shall require the driver or owner of the vehicle or combination to unload that portion of the load necessary to decrease the gross vehicle weight or combination gross vehicle weight to the authorized maximum.

C. [Any] A driver of a vehicle who fails or refuses to stop and submit the vehicle and load to weighing or who fails or refuses, when directed by a duly authorized [police] officer with the motor transportation [division] department or the New Mexico state police division of the department of public safety or a transportation inspector, upon a weighing of the vehicle, to unload the vehicle and otherwise comply with the provisions of this section is guilty of a misdemeanor.

D. [Any] A shipper or any other person loading [the] a vehicle who intentionally overloads [a] the vehicle [which he] that the shipper or other person has reason to believe will travel in that condition upon a public highway is guilty of a misdemeanor and shall be fined in accordance with Subsection E of this section.

E. In [all] cases of violations of weight limitations, the penalties shall be assessed and imposed in accordance with the following schedule:

WEIGHT OF EXCESS

LOAD IN POUNDS AMOUNT OF FINE

1 to 3,000 twenty-five dollars ($25.00)

3,001 to 4,000 forty dollars ($40.00)

4,001 to 5,000 seventy-five dollars ($75.00)

5,001 to 6,000 one hundred twenty-five dollars ($125)

6,001 to 7,000 two hundred dollars ($200)

7,001 to 8,000 two hundred seventy-five dollars ($275)

8,001 to 9,000 three hundred fifty dollars ($350)

9,001 to 10,000 four hundred twenty-five dollars ($425)

over 10,000 five hundred dollars ($500)."

Section 27. Section 66-7-412 NMSA 1978 (being Laws 1959, Chapter 247, Section 1, as amended) is amended to read:

"66-7-412. SPECIAL FARM PERMITS.--The motor transportation [division of the] department [of public safety shall have the authority to] may issue special permits at all ports of entry where registration stations or places where inspection and registration services are maintained by [the motor transportation division] that department to all implements of husbandry using the highways, including farm tractors, and to the instrumentalities or vehicles that may be carrying the implements of husbandry, including farm tractors, when the securing of these permits is required by law."

Section 28. Section 66-7-413 NMSA 1978 (being Laws 1978, Chapter 35, Section 484, as amended) is amended to read:

"66-7-413. PERMITS FOR EXCESSIVE SIZE AND WEIGHT--SPECIAL NOTIFICATION REQUIRED ON MOVEMENT OF MANUFACTURED HOMES.--

A. The motor transportation department [of public safety] and local highway authorities may, in their discretion, upon application in writing and good cause being shown, issue a special permit in writing authorizing the applicant to operate or move a vehicle or load of a size or weight exceeding the maximum specified in Sections 66-7-401 through 66-7-416 NMSA 1978 on a highway under the jurisdiction of the state transportation commission or local authorities. Except for the movement of manufactured homes, a permit may be granted, in cases of emergency, for the transportation of loads on a certain unit or combination of equipment for a specified period of time not to exceed one year, and the permit shall contain the route to be traversed, the type of load to be transported and [any] other restrictions or conditions deemed necessary by the body granting the permit. In [every] other [case] cases, the permit shall be issued for a single trip and may designate the route to be traversed and contain [any] other restrictions or conditions deemed necessary by the body granting the permit. [Every] A permit shall be carried in the vehicle to which it refers and shall be opened for inspection to [any] a peace officer. It is a misdemeanor for a person to violate a condition or term of the special permit.

B. The motor transportation department [of public safety] shall charge and collect, when the movement consists of a load of a width of twenty feet or greater for a distance of five miles or more, the sum of three hundred dollars ($300) a day or fraction thereof to defray the cost of state or local police escort. The permit issued and the fee charged shall be based upon the entire movement at one time requiring police escort and not upon the number of vehicles involved.

C. The motor transportation department [of public safety] shall promulgate rules in accordance with the State Rules Act pertaining to safety practices, liability insurance and equipment for escort vehicles provided by the motor carrier and for escort vehicles provided by a private business in this state.

[(1)] D. The motor transportation department [of public safety] shall provide [the] escort vehicle personnel with a copy of applicable rules and shall inspect [the] escort vehicles for the safety equipment required by the rules. If [the] escort vehicles and personnel meet the requirements set forth in the rules, the motor transportation department [of public safety] shall issue [the] a special permit.

[(2)] E. The movement of vehicles upon [the] highways [of this state] requiring a special permit and [required to use] an escort [of the type noted in Paragraph (1) of this subsection] vehicle as required by this section is subject to motor transportation department [of public safety] authority and inspection at all times.

[(3)] F. The department of transportation shall conduct engineering investigations and engineering inspections to determine which four-lane highways are safe for the operation or movement of manufactured homes without an escort. After making that determination, the department of transportation shall hold public hearings in the area of the state affected by the determination, after which it may adopt rules designating those four-lane highways as being safe for the operation or movement of manufactured homes without an escort. If a portion of [such a] those four-lane [highway] highways lies within the boundaries of a municipality, the department of transportation, after obtaining the approval of the municipal governing body, shall include [such portions] that portion in its rules.

[D.] G. Except for the movement of manufactured homes, special permits may be issued for a single vehicle or combination of vehicles by the motor transportation department [of public safety] for a period not to exceed one year for a fee of two hundred fifty dollars ($250). The special permits may allow excessive height, length and width for a vehicle or combination of vehicles or load [thereon] on those vehicles and may include a provision for excessive weight if the weight of the vehicle or combination of vehicles is not greater than one hundred forty thousand pounds. Utility service vehicles, operating with special permits pursuant to this subsection, shall be exempt from prohibitions or restrictions relating to hours or days of operation or restrictions on movement because of poor weather conditions.

[E.] H. Special permits for a single trip for a vehicle or combination of vehicles or load [thereon] on those vehicles of excessive weight, width, length and height may be issued by the motor transportation department [of public safety] for a single vehicle for a fee of twenty-five dollars ($25.00) plus the product of two and one-half cents ($.025) for each two thousand pounds in excess of eighty-six thousand four hundred pounds or major fraction [thereof] of that weight multiplied by the number of miles to be traveled by the vehicle or combination of vehicles on the highways of this state.

[F.] I. If a vehicle for which a permit is issued pursuant to this section is a manufactured home, the motor transportation department [of public safety] or local highway authority issuing the permit shall furnish the following information to the property tax division of the taxation and revenue department, which shall forward the information:

(1) to the county assessor of a county from which a manufactured home is being moved, the date the permit was issued, the location being moved from, the location being moved to if within the same county, the name of the owner of the manufactured home and the identification and registration numbers of the manufactured home;

(2) to the county assessor of [any] a county [in this state] to which a manufactured home is being moved, the date the permit was issued, the location being moved from, the location being moved to, the name of the owner of the manufactured home and the registration and identification numbers of the manufactured home; and

(3) to the owner of a manufactured home having a destination in this state, notification that the information required in Paragraphs (1) and (2) of this subsection is being given to the respective county assessors and that manufactured homes are subject to property taxation.

[G.] J. Except as provided in Subsection [H] K of this section, if the movement of a manufactured home originates in this state, a permit shall not be issued pursuant to Subsection [F] I of this section until the owner of the manufactured home or the authorized agent of the owner obtains and presents to the motor transportation department [of public safety] proof that a certificate has been issued by the county assessor or treasurer of the county in which the manufactured home movement originates showing that either:

(1) [all] property taxes due or to become due on the manufactured home for the current tax year or any past tax years have been paid, except for manufactured homes located on an Indian reservation; or

(2) liability for property taxes on the manufactured home does not exist for the current tax year or a past tax year, except for manufactured homes located on an Indian reservation.

[H.] K. The movement of a manufactured home from the lot or business location of a manufactured home dealer to its destination designated by an owner-purchaser is not subject to the requirements of Subsection [G] J of this section if the manufactured home movement originates from the lot or business location of the dealer and the manufactured home was part of the dealer's inventory prior to the sale to the owner-purchaser; however, the movement of a manufactured home by a dealer or the dealer's authorized agent as a result of a sale or trade-in from a nondealer-owner is subject to the requirements of Subsection [G] J of this section whether the destination is the business location of a dealer or some other destination.

[I.] L. A permit shall not be issued pursuant to this section for movement of a manufactured home whose width exceeds eighteen feet with no more than a six-inch roof overhang on the left side or twelve inches on the right side in addition to the eighteen-foot width of the manufactured home. Manufactured homes exceeding the limitations of this section shall only be moved on dollies placed on the front and the rear of the structure.

[J.] M. The secretary of [public safety] motor transportation may by rule provide for movers of manufactured homes to self-issue permits for certain sizes of manufactured homes over specific routes. The cost of a permit shall not be less than twenty-five dollars ($25.00).

[K.] N. The secretary of [public safety] motor transportation may provide by rule for dealers of implements of husbandry to self-issue permits for the movement of certain sizes of implements of husbandry from the lot or business location of the dealer over specific routes with specific escort requirements, if necessary, to a destination designated by an owner-purchaser or for purposes of a working demonstration on the property of a proposed owner-purchaser. The motor transportation department [of public safety] shall charge a fee for each self-issued permit not to exceed fifteen dollars ($15.00).

[L.] O. A private motor carrier requesting an oversize or overweight permit shall provide proof of insurance in at least the following amounts:

(1) bodily injury liability, providing:

(a) fifty thousand dollars ($50,000) for each person; and

(b) one hundred thousand dollars ($100,000) for each accident; and

(2) property damage liability, providing twenty-five thousand dollars ($25,000) for each accident.

[M.] P. A motor carrier requesting an oversize permit shall produce a copy of a warrant or a single state registration receipt as evidence that the motor carrier maintains the insurance minimums prescribed by the public regulation commission.

[N.] Q. The [department of public safety] secretary of motor transportation may provide by rule the time periods during which a vehicle or load of a size or weight exceeding the maximum specified in Sections 66-7-401 through 66-7-416 NMSA 1978 may be operated or moved by a motor carrier on a highway under the jurisdiction of the state transportation commission or local authorities.

[O.] R. Revenue from fees for special permits authorizing vehicles and loads of excessive size or weight to operate or move upon a highway under the jurisdiction of the state transportation commission or local authorities shall be collected for the department of transportation and transferred to the state road fund."

Section 29. Section 66-7-413.2 NMSA 1978 (being Laws 1989, Chapter 291, Section 1, as amended) is amended to read:

"66-7-413.2. SPECIAL PERMIT--ENGINEERING INVESTIGATIONS FOR VEHICLES IN EXCESS OF ONE HUNDRED SEVENTY THOUSAND POUNDS--VIOLATION--PENALTY.--

A. [All vehicles] A vehicle with a gross vehicle weight in excess of one hundred seventy thousand pounds shall require a special permit as provided for in Section 66-7-413 NMSA 1978, and no [such] permit shall be issued unless:

(1) an engineering investigation and review have been conducted to:

(a) establish whether the move could be made without visible or documented damages to the [portion of road] highways or bridges upon which the move is to be made;

(b) establish whether the move could be made without visible or documented damages to any private facilities along the [road] highways upon which the move is to be made; and

(2) when required, the applicant has submitted to the motor transportation [division of the] department [of public safety] and the local highway authorities all pertinent [information] data requested of the applicant by the motor transportation [division of the] department [of public safety]. If the submitted data [is] are not acceptable to the [state highway and transportation] department of transportation, the applicant [will] shall be advised by the motor transportation [division of the] department [of public safety] that engineering investigations [will] shall be conducted by the [state highway and transportation] department of transportation and the cost incurred by [the state highway and transportation] that department [will] shall be paid by the applicant as an added cost [to his] of a permit [fee].

B. The motor transportation [division of the] department [of public safety] shall adopt [the necessary] rules [and regulations] for the development of data for an investigation to determine whether to issue [any] a special permit pursuant to Section 66-7-413 NMSA 1978.

C. The applicant or the applicant's employer shall pay:

(1) the costs for [any] modifications to [the road] highways, bridges or private facilities [along the road] that the motor transportation [division of the] department [of public safety] has determined are necessary for the issuance of [the] a special permit; and

(2) the costs for [any] damages to [the road or] highways, bridges or private facilities that are the result of the move and the fault of the mover [and not the motor transportation division of the department of public safety].

D. [Any] A person who violates the provisions of Subsection A or C of this section [shall be] is guilty of a misdemeanor and shall be punished by a fine of not more than one thousand dollars ($1,000) or imprisonment for a definite term not to exceed six months, or both.

E. Nothing contained in this section shall limit in any manner the authority of the state, a county, a municipality or a political subdivision [thereof] to collect damages for any unlawful use of highways as provided by law."

Section 30. Section 66-7-413.4 NMSA 1978 (being Laws 2001, Chapter 20, Section 2, as amended) is amended to read:

"66-7-413.4. SPECIAL PERMITS FOR EXCESSIVE WEIGHT.--

A. In addition to the authority granted in Section 66-7-413 NMSA 1978, the motor transportation [division of the] department [of public safety] may issue special permits authorizing an increase of up to twenty-five percent in axle weight for liquid hauling tank vehicles whenever the liquid hauling tank vehicles would have to haul less than a full tank under the maximum weights authorized in Section 66-7-409 and 66-7-410 NMSA 1978. A special permit under this section may be issued for a single trip or for a year. The fee for the permits shall be thirty-five dollars ($35.00) for a single-trip permit and one hundred twenty dollars ($120) for an annual permit. Revenue from the permit fee shall be used to build, maintain, repair or reconstruct the highways and bridges of this state. Revenue from the permit shall be collected for the department of transportation and transferred to the state road fund.

B. The special permits authorized by this section shall not be valid for transportation of excessive weights on the interstate system as currently defined in federal law or as that system may be defined in the future. A special permit issued pursuant to this section shall not be valid for gross vehicle weights in excess of eighty-six thousand four hundred pounds or for a combination vehicle.

C. If the federal highway administration of the United States department of transportation gives official notice that money will be withheld or that this section violates the grandfather provision of 23 USCA 127, the secretary may withdraw all special permits and discontinue issuance of all special permits authorized in this section until such time that final determination is made. If the final determination allows the state to issue the special permits without sanction of funds or weight tables, the secretary shall reissue the special permits previously withdrawn and make the special permits available pursuant to this section."

Section 31. Section 66-7-415 NMSA 1978 (being Laws 1955, Chapter 37, Section 12, as amended) is amended to read:

"66-7-415. WHEN THE STATE TRANSPORTATION COMMISSION OR LOCAL AUTHORITIES MAY RESTRICT RIGHT TO USE STREETS.--

A. Local authorities, with respect to streets under their jurisdiction, may [also], by ordinance or resolution, prohibit the operation of trucks or other commercial vehicles or may impose limitations as to [the] their size or weight [thereof], on designated streets in areas that are primarily residential, which prohibitions and limitations shall be [designated] noted by appropriate signs placed on [such street] the designated streets.

B. [The] A local authority enacting an ordinance or resolution pursuant to this section shall erect or cause to be erected and maintained signs [designating] noting the provisions of the ordinance or resolution at each end of that portion of [any] a street affected, and the ordinance or resolution shall not be effective [unless and] until [such] signs are erected and maintained and notice [thereof] given in writing to the nearest officer or employee of the motor transportation [division of the] department [of public safety] authorized to issue special permits.

C. The state transportation commission [shall likewise have authority, as granted to local authorities in Subsections A and B of this section, to] may determine by resolution [and] to impose restrictions as to the size and weight of vehicles operated upon [any] highways under the jurisdiction of the commission, and [such] those restrictions shall be effective [on and after] upon the passage of [a] the resolution and when signs giving notice [thereof] of the restrictions are erected upon the highway or portion of [any] the highway affected by [such] the resolution. The commission shall deliver a copy of [all] restrictions adopted by it to the motor transportation [division of the] department [of public safety]."

Section 32. Section 66-7-505 NMSA 1978 (being Laws 1978, Chapter 35, Section 492, as amended) is amended to read:

"66-7-505. ADVISORY COMMITTEE--CREATION--MEMBERS--TERMS.--

A. There is created a five-member advisory committee to the bureau. The chief is, ex officio, the [chairman] chair and a voting member of the committee. The governor shall appoint three members, to terms coterminous with [his] the governor's tenure, who shall have the following qualifications:

(1) one member who is representative of the law enforcement agencies of this state;

(2) one member who is representative of the school bus transportation function of the [state department of] public education department; and

(3) one member who is representative of the motor transportation [division of the taxation and revenue] department.

B. Appointees who are public officers or public employees shall be compensated for attendance at meetings according to the Per Diem and Mileage Act. Appointees who are not public officers or employees shall be compensated for attendance at meetings in commensurate amount."

Section 33. TEMPORARY PROVISION--TRANSFER OF PERSONNEL, PROPERTY AND CONTRACTS.--On the effective date of this act:

A. all personnel and functions of the motor transportation division of the department of public safety are transferred to the motor transportation department;

B. all appropriations, money, records, property, equipment and supplies of the motor transportation division of the department of public safety are transferred to the motor transportation department; and

C. all contracts, grants and agreements of the department of public safety relating to the motor transportation division are binding on the motor transportation department.

Section 34. APPROPRIATION.--Four hundred sixty-one thousand dollars ($461,000) is appropriated from the general fund to the motor transportation department for expenditure in fiscal year 2007 to employ seven new full-time employees for administrative support. Any unexpended or unencumbered balance remaining at the end of fiscal year 2007 shall revert to the general fund.

Section 35. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2006.

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