HB0030

HOUSE BILL 30

57th legislature - STATE OF NEW MEXICO - first session, 2025

INTRODUCED BY

Kathleen Cates

AN ACT

RELATING TO MOTOR CARRIERS; AMENDING AND ENACTING SECTIONS OF THE MOTOR CARRIER SAFETY ACT; PROVIDING REQUIREMENTS FOR MOTOR CARRIERS OF RAILROAD EMPLOYEES; PROVIDING REQUIREMENTS FOR THE DRIVERS, VEHICLES AND EQUIPMENT OF MOTOR CARRIERS OF RAILROAD EMPLOYEES; AUTHORIZING THE DEPARTMENT OF TRANSPORTATION TO INSPECT, REVIEW, AUDIT AND INVESTIGATE TO ENSURE COMPLIANCE WITH THE MOTOR CARRIER SAFETY ACT; LIMITING HOURS OF SERVICE OF DRIVERS OF MOTOR CARRIERS OF RAILROAD EMPLOYEES; APPLYING EXISTING SAFETY BELT REQUIREMENTS TO ALL MOTOR CARRIERS.

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

SECTION 1. 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. "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 gross vehicle weights of all units of a combination;

C. "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. "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 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 shall be included in declared gross weight;

E. "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. "department", without modification, means the department of public safety, the secretary of public safety or any employee of the department exercising authority lawfully delegated to that employee by the secretary;

G. "director" means the secretary;

H. "division" means the New Mexico state police division of the department;

I. "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. "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. "freight trailer" means any trailer, semitrailer or pole trailer drawn by a truck tractor or road tractor and any 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. "gross vehicle weight" means the weight of a vehicle without load plus the weight of any load thereon;

M. "motor carrier" means any person that owns, controls, operates or manages any motor vehicle with a 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. "motor carrier of railroad employees" means a person that owns, controls, operates or manages a motor vehicle of any vehicle weight that is used to transport employees of a railroad corporation on the public highways of New Mexico;

[N.] O. "motor vehicle" means any 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. "on-duty time" means time from when a driver begins to work, or is required to be in readiness to work, until the time the driver is relieved from work and includes time spent:

(1) driving;

(2) at a terminal, facility or other property of a contract carrier;

(3) waiting to be dispatched;

(4) in working hours by a driver while under employment or agreement with another employer who is not a motor carrier of railroad employees; and

(5) inspecting, servicing, conditioning or attending to a vehicle;

[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 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 federal, state or other governmental unit or subdivision or an agency, department or instrumentality; "person" also includes an officer or employee of a corporation, a member or employee of a partnership or any individual who, as such, is under a duty to perform any 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 and, except for the purposes of Section 65-1-33 NMSA 1978, also includes 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 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 2. Section 65-3-1 NMSA 1978 (being Laws 1989, Chapter 201, Section 2) is amended to read:

"65-3-1. SHORT TITLE.--[Sections 65-3-1 through 65-3-13] Chapter 65, Article 3 NMSA 1978 may be cited as the "Motor Carrier Safety Act"."

SECTION 3. Section 65-3-3 NMSA 1978 (being Laws 1989, Chapter 201, Section 4, as amended) is amended to read:

"65-3-3. APPLICABILITY.--

A. Notwithstanding any provision of the Motor Vehicle Code to the contrary, the provisions of the Motor Carrier Safety Act and the regulations promulgated under that act shall apply to a motor carrier of railroad employees and a commercial motor carrier vehicle operating on the public highways of New Mexico of a type that:

(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.

B. Whenever a commercial motor carrier vehicle of one type is used to perform the functions normally performed by a motor vehicle of another type, the requirements of the Motor Carrier Safety Act shall apply to that motor vehicle and to its operation as if that motor vehicle were actually a motor vehicle of the latter type.

C. Whenever a duty is prescribed for a driver or a prohibition is imposed upon the driver pursuant to the provisions of the Motor Carrier Safety Act, it shall be the duty of the motor carrier to require observance of such prescription or prohibition. If the motor carrier is also the driver, the motor carrier shall likewise be bound."

SECTION 4. Section 65-3-4 NMSA 1978 (being Laws 1989, Chapter 201, Section 5, as amended) is amended to read:

"65-3-4. REGULATIONS--INSPECTIONS.--

A. The secretary is directed to adopt in accordance with Section [65-1-10] 9-11-6.2 NMSA 1978 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 applicable federal safety standards.

B. The department is authorized to inspect at the motor carrier's place of business those safety records required to be retained by the motor carrier pursuant to the provisions of the Motor Carrier Safety Act.

C. The department is authorized to enter, at a reasonable time and place, a vehicle or facility of a motor carrier of railroad employees for the purposes of an inspection, safety review, audit or accident investigation to ensure compliance with the provisions of the Motor Carrier Safety Act."

SECTION 5. A new section of the Motor Carrier Safety Act, Section 65-3-6.1 NMSA 1978, is enacted to read:

"65-3-6.1. [NEW MATERIAL] MOTOR CARRIER OF RAILROAD EMPLOYEES--REQUIREMENTS.--

A. A motor carrier of railroad employees shall:

(1) implement a policy that provides for annual training and certification of its drivers in the:

(a) safe operation of the motor vehicles used for transport;

(b) relevant laws, rules of the road and safety policies;

(d) proper use of seat belts;

(e) performance of pre-trip and post-trip vehicle inspections and keeping records of these inspections; and

(f) proper maintenance of required records;

(2) confirm its drivers are not disqualified pursuant to Section 65-3-7.2 NMSA 1978 by performing a criminal background check of each driver, which shall include:

(a) a criminal history check of the state criminal records repository; and

(b) if a driver has resided in New Mexico for less than five years, a criminal history check from each state of residence for the previous five years;

(3) annually verify its drivers have valid driver's licenses;

(4) keep and maintain records documenting that the motor carrier of railroad employees meets the requirements of this subsection, including maintaining at its principal place of business:

(a) a driver qualification file for each driver who transports passengers pursuant to the Motor Carrier Safety Act; and

(b) records of pre-trip and post-trip vehicle inspections;

(5) maintain liability insurance in an amount no less than five million dollars ($5,000,000) for each of its vehicles, regardless of a vehicle's seating capacity;

(6) maintain uninsured and underinsured coverage in an amount no less than one million dollars ($1,000,000) for each of its vehicles;

(7) ensure inspection of each vehicle in accordance with the requirements of the Motor Vehicle Code and maintain records of these inspections for at least one year following the date of inspection; and

(8) implement a mandatory alcohol and controlled substance testing program pursuant to Section 65-3-14 NMSA 1978 that consists of pre-employment testing, post-accident testing, random testing, reasonable suspicion testing, return-to-duty testing and follow-up testing.

B. A driver qualification file shall be retained for at least one year following the date of separation of employment or termination of contract of a driver from the motor carrier. A driver qualification file shall include at minimum:

(1) a copy of the driver's most recent physical examination required pursuant to Section 65-3-7.1 NMSA 1978;

(2) a copy of the driver's current driver's license;

(3) documentation of annual license verification;

(4) documentation of completion of the required annual training;

(5) documentation of any violations of motor vehicle or traffic laws; and

(6) responses from previous employers, if required by the current employer.

C. If a party contracts with a motor carrier of railroad employees on behalf of the railroad corporation to transport the railroad employees, then the insurance requirements provided by this section may be satisfied by either that party or the motor carrier, so long as the

motor carrier is a named insured or additional insured under any policy."

SECTION 6. A new section of the Motor Carrier Safety Act, Section 65-3-7.1 NMSA 1978, is enacted to read:

"65-3-7.1. [NEW MATERIAL] MOTOR CARRIER OF RAILROAD EMPLOYEES--DRIVER REQUIREMENTS.--

A. A driver of a motor carrier of railroad employees shall not transport passengers of a railroad corporation, and a motor carrier of railroad employees shall not permit a driver to transport passengers of a railroad corporation, unless the driver:

(1) has been issued a currently valid motor vehicle operator's license or permit of the proper class for the vehicle that the person is operating;

(2) has passed in the previous calendar year a physical examination that meets the requirements for commercial motor vehicle operators specified in 49 C.F.R. Part 391; and

(3) performs pre-trip and post-trip vehicle inspections to ensure the vehicle meets the vehicle and equipment requirements of the Motor Carrier Safety Act.

B. While transporting passengers of a railroad corporation, a driver of a motor carrier of railroad employees shall not communicate over or otherwise operate a handheld device when the vehicle is in motion or is a part of traffic."

SECTION 7. A new section of the Motor Carrier Safety Act, Section 65-3-7.2 NMSA 1978, is enacted to read:

"65-3-7.2. [NEW MATERIAL] MOTOR CARRIER OF RAILROAD EMPLOYEES--DISQUALIFICATION OF DRIVERS--REPORTING.--

A. A person who is convicted of driving under the influence of intoxicating liquor or drugs pursuant to Section 66-8-102 NMSA 1978, whose driver's license is revoked pursuant to the Implied Consent Act or who is convicted of or has the person's driver's license revoked under a similar statute or ordinance of another state, shall not transport employees of a railroad corporation for a motor carrier of railroad employees for five years from the date of conviction.

B. A person who is convicted pursuant to the Controlled Substances Act of a felony of any degree shall not transport employees of a railroad corporation for a motor carrier of railroad employees for two years from the date of conviction.

C. A person who is convicted of three or more moving violations within three years shall not transport employees of a railroad corporation for a motor carrier of railroad employees for one year from the date of the last conviction.

D. A driver who is convicted as described in this section while employed by or under contract with a motor carrier of railroad employees shall report the conviction to the carrier within ten calendar days of the date of the conviction."

SECTION 8. A new section of the Motor Carrier Safety Act, Section 65-3-8.1 NMSA 1978, is enacted to read:

"65-3-8.1. [NEW MATERIAL] MOTOR CARRIER OF RAILROAD EMPLOYEES--REQUIREMENTS--VEHICLE--EQUIPMENT.--A driver of a motor carrier of railroad employees shall not transport passengers of a railroad corporation and a motor carrier of railroad employees shall not permit a driver to transport passengers of a railroad corporation unless:

A. the motor vehicle being used to transport passengers is designed to transport ten or fewer persons, including the driver; and

B. the following are maintained on the motor vehicle being used:

(1) tires that meet the same requirements as for a motor vehicle pursuant to 49 C.F.R. Section 393.75;

(2) a full-size spare tire that is fully inflated;

(3) properly functioning safety belts, pursuant to Section 66-3-875 NMSA 1978, for the driver and every passenger being transported;

(4) a properly functioning heater, defroster and air conditioner;

(5) a windshield, side windows and a rear window that are clear of any obstructions;

(6) a working cellular telephone or two-way radio capable of contacting personnel of the railroad corporation that employs the passengers being transported;

(7) a global positioning system device capable of identifying the vehicle's current location;

(8) an emergency road kit, which shall contain, at minimum, a blanket, flares or reflective triangles, jumper cables and a secured fire extinguisher;

(9) a safety glass hammer or belt cutter;

(10) space for personal baggage storage, so that all baggage can be secured in a manner that prevents entry into or flight within the vehicle cabin; and

(11) a vehicle identification marking in accordance with department rules that:

(a) identifies the legal or a single trade name of the motor carrier and bears an inscription identifying the vehicle as used by a motor carrier of railroad employees;

(b) is located on both sides of the vehicle; and

(c) is in letters that contrast sharply in color with the background on which the letters are placed and that are large enough to be legible during daylight hours by a person of average eyesight from a distance of at least fifty feet."

SECTION 9. Section 65-3-11 NMSA 1978 (being Laws 1989, Chapter 201, Section 11) is amended to read:

"65-3-11. HOURS OF SERVICE OF DRIVERS.--

A. The director shall adopt rules [and regulations] not inconsistent with [nor] or more stringent than applicable federal safety standards concerning the hours of service of drivers and the requirements of this section.

[A.] B. These [regulations] rules shall include but not be limited to maximum driving and on-duty time, travel time, maintenance of a driver's log or record of duty status, adverse driving conditions, emergency conditions and emergency transportation.

[B.] C. These [regulations] rules shall authorize a driver to be placed out-of-service for driving or working too many hours or any other conditions identified in federal safety standards and found by the director to contribute to unsafe operations. The out-of-service conditions shall preclude a driver from driving until the condition for placing the driver out-of-service is remedied.

D. A motor carrier of railroad employees shall not allow or require a driver to:

(1) drive for more than ten consecutive hours since the driver's last eight consecutive hours off duty;

(2) work more than fifteen consecutive hours of combined on-duty time and drive time since the driver's last eight consecutive hours off duty; or

(3) drive or remain on duty for a combined total of more than seventy hours in any period of eight consecutive days.

E. A driver of a motor carrier of railroad employees who, while on duty, encounters an emergency and cannot, because of that emergency, safely complete a transportation assignment within the time limits of Subsection D of this section shall drive for not more than two additional hours in order to complete that transportation assignment or to reach a place offering safety for the occupants of the vehicle and security for the transport motor vehicle if the transportation assignment reasonably could have been completed within the allowable period absent the emergency.

F. A motor carrier of railroad employees shall maintain and retain for a period of not less than six months accurate time records that show for each day the:

(1) time a driver reports for duty;

(2) total number of hours of on-duty time for a driver;

(3) time a driver is released from duty; and

(4) total number of hours driven by a driver.

G. For the purposes of Subsection D of this section, after twenty-four consecutive hours off duty, a driver of a motor carrier of railroad employees begins a new seven-consecutive-day period and on-duty time is reset to zero."

SECTION 10. Section 65-3-14 NMSA 1978 (being Laws 2007, Chapter 151, Section 1, as amended) is amended to read:

"65-3-14. DRUG AND ALCOHOL TESTING PROGRAM--REPORT OF POSITIVE TEST.--

A. A motor carrier or a motor carrier of railroad employees 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 or entity specified in 49 C.F.R. part 382.103, who is not explicitly excepted by New Mexico law, is subject to the provisions of this section and shall report positive test results or a refusal to submit to a test pursuant to provisions in this section. A refusal to submit to a pre-employment test shall not be considered a violation of this section.

C. When a person or entity specified in 49 C.F.R. part 382.103 determines that a positive test result is valid, the person or entity shall report the findings to the motor vehicle division of the taxation and revenue department. The motor vehicle division shall enter the report of a positive test result or refusal to submit to a test on the reported person's motor vehicle record so that it can be contained in the commercial driver's license information system pursuant to the New Mexico Commercial Driver's License Act.

D. The division shall keep the report of a positive test result or the refusal to submit to a test in the motor vehicle record of the driver for five years from the time the report was received by the motor vehicle division.

E. The division shall seek reports from the federal commercial driver's license drug and alcohol clearinghouse for actions relating to commercial driver's licenses or commercial driver's permits."

SECTION 11. Section 66-3-875 NMSA 1978 (being Laws 1978, Chapter 35, Section 181) is amended to read:

"66-3-875. SAFETY BELTS--TYPE AND MANNER OF INSTALLATION.--All safety belts required in [Section 64-3-874 NMSA 1953] Chapters 65 and 66 NMSA 1978 shall be of a type and shall be installed in a manner approved by the division [of motor vehicles]. The division shall establish specifications and requirements for approved types of safety belts and attachments [thereto]. The division shall accept, as approved, all [seat] safety belt installations and the belts and anchors meeting the [society of automotive engineers'] specifications of SAE international."

SECTION 12. EFFECTIVE DATE.--The effective date of the provisions of this act is January 1, 2026.

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