HOUSE BILL 148

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

INTRODUCED BY

Dayan Hochman-Vigil

 

 

 

 

 

AN ACT

RELATING TO MOTOR VEHICLES; ENACTING THE AUTONOMOUS VEHICLE ACT; PROVIDING SAFETY REQUIREMENTS FOR THE OPERATION OF AUTONOMOUS MOTOR VEHICLES ON PUBLIC HIGHWAYS; REQUIRING THAT A HUMAN OPERATOR BE PHYSICALLY PRESENT BEHIND THE WHEEL OF AN OPERATING AUTONOMOUS MOTOR VEHICLE PRIOR TO 2036; PROVIDING REQUIREMENTS FOR A HUMAN OPERATOR OF AN AUTONOMOUS MOTOR VEHICLE; REQUIRING TESTING AND SAFETY PLANS; PROVIDING AUTONOMOUS MOTOR VEHICLE REQUIREMENTS; LIMITING THE OPERATION OF AUTONOMOUS COMMERCIAL MOTOR VEHICLES ON PUBLIC ROADWAYS; PROVIDING FOR AUTONOMOUS MOTOR VEHICLE INCIDENT REPORTING; PROVIDING A COMMERCIAL DRIVER'S LICENSE ENDORSEMENT FOR DRIVING AN AUTONOMOUS COMMERCIAL MOTOR VEHICLE; ADDING INSURANCE REQUIREMENTS FOR AUTONOMOUS MOTOR VEHICLES.

 

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

     SECTION 1. Section 66-1-4.1 NMSA 1978 (being Laws 1990, Chapter 120, Section 2, as amended) is amended to read:

     "66-1-4.1. DEFINITIONS.--As used in the Motor Vehicle Code:

          A. "abandoned vehicle" means a vehicle or motor vehicle that has been determined by a New Mexico law enforcement agency:

                (1) to have been left unattended on either public or private property for at least thirty days;

                (2) not to have been reported stolen;

                (3) not to have been claimed by any person asserting ownership; and

                (4) not to have been shown by normal record-checking procedures to be owned by any person;

          B. "access aisle" means a space designed to allow a person with a significant mobility limitation to safely exit and enter a motor vehicle that is immediately adjacent to a designated parking space for persons with significant mobility limitation and that may be common to two such parking spaces of at least sixty inches in width or, if the parking space is designed for van accessibility, ninety-six inches in width, and clearly marked and maintained with blue striping and, after January 1, 2011, the words "NO PARKING" in capital letters, each of which shall be at least one foot high and at least two inches wide, placed at the rear of the access aisle so as to be close to where an adjacent vehicle's rear tires would be placed;

          C. "actual empty weight" means the weight of a vehicle without a load;

          D. "additional place of business", for dealers and auto recyclers, means locations in addition to an established place of business as defined in Section 66-1-4.5 NMSA 1978 and meeting all the requirements of an established place of business, except Paragraph (5) of Subsection C of Section 66-1-4.5 NMSA 1978, but "additional place of business" does not mean a location used solely for storage and that is not used for wrecking, dismantling, sale or resale of vehicles;

          E. "alcoholic beverages" means any and all distilled or rectified spirits, potable alcohol, brandy, whiskey, rum, gin, aromatic bitters or any similar alcoholic beverage, including all blended or fermented beverages, dilutions or mixtures of one or more of the foregoing containing more than one-half percent alcohol but excluding medicinal bitters;

          F. "authorized emergency vehicle" means any fire department vehicle, police vehicle and ambulance and any emergency vehicles of municipal departments or public utilities that are designated or authorized as emergency vehicles by the director of the New Mexico state police division of the department of public safety or local authorities;

          G. "autocycle" means a three-wheeled motorcycle on which the driver and all passengers ride in a completely or partially enclosed seating area and that is manufactured to comply with all applicable federal standards, regulations and laws and is equipped with:

                (1) non-straddle seating;

                (2) rollover protection;

                (3) safety belts for all occupants;

                (4) antilock brakes;

                (5) a steering wheel; and

                (6) pedals;

          H. "automated driving system" means the hardware and software that are collectively capable of performing the entire dynamic driving task on a sustained basis, regardless of whether it is limited to a specific operational design domain; "automated driving system" is used specifically to describe a level three, four or five driving automation system as defined in society of automotive engineers standard J3016, as published in the Taxonomy and Definitions for Terms Related to Driving Automation Systems for On-Road Motor Vehicles;

          I. "automated driving system manufacturer" means a person or entity that originally manufactures a vehicle and equips the vehicle with an automated driving system or, in the case of a vehicle not equipped with an automated driving system by its original manufacturer, a person or entity that converts the vehicle into an autonomous motor vehicle by equipping it with an automated driving system;

          [I.] J. "autonomous commercial motor vehicle" means a commercial motor vehicle, as defined in Subsection J of Section 66-1-4.3 NMSA 1978, that is being controlled by an automated driving system;

          K. "autonomous disengagement" means the deactivation of a vehicle's automated driving system while it is operating:

                (1) because of a failure or error of the automated driving system;

                (2) when the safe operation of the vehicle requires a driver or remote operator to take manual control of the vehicle;

                (3) when a human operator or an autonomous motor vehicle operator is prompted to take control of the vehicle; or

                (4) in any other instance in which the automated driving system is deactivated due to a malfunction, degradation or inability of the automated driving system;

          [J.] L. "autonomous motor vehicle" means a motor vehicle that is being controlled by an automated driving system;

          [K.] M. "autonomous motor vehicle operator" means the person who engages the automated driving system of an autonomous motor vehicle or autonomous commercial motor vehicle;

          [L.] N. "autonomous motor vehicle testing" or "autonomous commercial motor vehicle testing" means activities taken in full or in part to evaluate and assess:

                (1) the automated driving system's performance of the dynamic driving task; and

                (2) the automated driving system's performance with respect to applicable safety areas as defined by the [federal] national highway traffic safety administration for autonomous vehicle operations; [and]

          O. "autonomous vehicle incident" means a crash, near-crash, collision with a vehicle, person or object, near-collision, autonomous disengagement, traffic violation, unplanned stop or other failure of an automated driving system; and

          [M.] P. "auto recycler" means a person engaged in this state in an established business that includes acquiring vehicles that are required to be registered under the Motor Vehicle Code for the purpose of dismantling, wrecking, shredding, compacting, crushing or otherwise destroying vehicles for reclaimable parts or scrap material to sell."

     SECTION 2. Section 66-1-4.5 NMSA 1978 (being Laws 1990, Chapter 120, Section 6, as amended) is amended to read:

     "66-1-4.5. DEFINITIONS.--As used in the Motor Vehicle Code:

          A. "electric-assisted bicycle" means a vehicle having two or three wheels, fully operable pedals and an electric motor. Electric-assisted bicycles are classified as follows:

                (1) "class 1 electric-assisted bicycle" means an electric-assisted bicycle equipped with a motor not exceeding seven hundred fifty watts of power that provides assistance only when the rider is pedaling and that ceases to provide assistance when the bicycle reaches a speed of twenty miles per hour;

                (2) "class 2 electric-assisted bicycle" means an electric-assisted bicycle equipped with a motor not exceeding seven hundred fifty watts of power that provides assistance regardless of whether the rider is pedaling but ceases to provide assistance when the bicycle reaches a speed of twenty miles per hour; and

                (3) "class 3 electric-assisted bicycle" means an electric-assisted bicycle equipped with a motor not exceeding seven hundred fifty watts of power that provides assistance only when the rider is pedaling and that ceases to provide assistance when the bicycle reaches a speed of twenty-eight miles per hour;

          B. "electric mobility device" means a two- or three-wheel vehicle with an electric motor for propulsion that does not meet the definition of an electric-assisted bicycle and is capable of exceeding a speed of twenty miles per hour on motor power alone;

          C. "electric personal assistive mobility device" means a self-balancing device having two nontandem wheels designed to transport a single person by means of an electric propulsion system with an average power of one horsepower and with a maximum speed on a paved level surface of less than twenty miles per hour when powered solely by its propulsion system and while being ridden by an operator who weighs one hundred seventy pounds;

          D. "electronic credential" means an electronic extension of the department-issued physical credential that conveys identity and driving privilege information;

          E. "electronic credential system" means a digital process that includes a method for loading electronic credentials onto a device, issuing electronic credentials, requesting and transmitting electronic credential data elements and performing tasks to maintain the system;

          F. "essential parts" means all integral and body parts of a vehicle of a type required to be registered by the provisions of the Motor Vehicle Code, the removal, alteration or substitution of which would tend to conceal the identity of the vehicle or substantially alter its appearance, model, type or mode of operation;

          G. "established place of business", for a dealer or auto recycler, means a place:

                (1) devoted exclusively to the business for which the dealer or auto recycler is licensed and related business;

                (2) identified by a prominently displayed sign giving the dealer's or auto recycler's trade name used by the business;

                (3) of sufficient size or space to permit the display of one or more vehicles or to permit the parking or storing of vehicles to be dismantled or wrecked for recycling;

                (4) on which there is located an enclosed building on a permanent foundation, which building meets the building requirements of the community and is large enough to accommodate the office or offices of the dealer or auto recycler and large enough to provide a safe place to keep the books and records of the dealer or auto recycler;

                (5) where the principal portion of the business of the dealer or auto recycler is conducted and where the books and records of the business are kept and maintained; and

                (6) where vehicle sales are of new vehicles only, such as a department store or a franchisee of a department store, as long as the department store or franchisee keeps the books and records of its vehicle business in a general office location at its place of business; as used in this paragraph, "department store" means a business that offers a variety of merchandise other than vehicles, and sales of the merchandise other than vehicles constitute at least eighty percent of the gross sales of the business; [and]

          H. "evidence of financial responsibility" means evidence of the ability to respond in damages for liability, on account of accidents occurring subsequent to the effective date of the evidence, arising out of the ownership, maintenance or use of a vehicle of a type subject to registration under state laws; and

          [H.] I. "explosives" means any chemical compound or mechanical mixture that is commonly used or intended for the purpose of producing an explosion and that contains any oxidizing and combustive units or other ingredients in such proportions, quantities or packing that an ignition by fire, friction, concussion, percussion or detonator of any part of the compound or mixture may cause such a sudden generation of highly heated gases that the resultant gaseous pressures are capable of producing destructive effects on contiguous objects or of destroying life or limb."

     SECTION 3. Section 66-1-4.8 NMSA 1978 (being Laws 1990, Chapter 120, Section 9, as amended) is amended to read:

     "66-1-4.8. DEFINITIONS.--As used in the Motor Vehicle Code:

          A. "hazardous material" means a substance or material in a quantity and form that may pose an unreasonable risk to health, safety or property when transported in commerce;

          B. "highway" or "street" 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;

          C. "historic or special interest vehicle" means a vehicle of any age that, because of its significance, is being collected, preserved, restored or maintained by a collector as a leisure pursuit;

          D. "horseless carriage" means a motor vehicle at least thirty-five years old that is owned as a collector's item and used solely for exhibition and educational purposes; [and]

          E. "house trailer" means a manufactured home; and

          F. "human operator" means, with regard to an autonomous motor vehicle, the person who is seated in the driver's seat of the vehicle, or, if there is no person in the driver's seat, the person who causes the automated driving system to engage."

     SECTION 4. A new section of the Motor Vehicle Code, Section 66-3A-1 NMSA 1978, is enacted to read:

     "66-3A-1. [NEW MATERIAL] SHORT TITLE.--Chapter 66, Article 3A NMSA 1978 may be cited as the "Autonomous Vehicle Act"."

     SECTION 5. A new section of the Motor Vehicle Code, Section 66-3A-2 NMSA 1978, is enacted to read:

     "66-3A-2. [NEW MATERIAL] OPERATION OF AUTONOMOUS MOTOR VEHICLES--HUMAN OPERATOR--PROHIBITIONS--EXCEPTIONS.--

          A. Prior to 2036, an autonomous motor vehicle shall not be operated on a public highway in New Mexico unless a human operator is physically present behind the steering wheel of the vehicle, the human operator has the ability at all times to take immediate control of the vehicle and the human operator:

                (1) has the proper driver's license classification and all proper endorsements required for the type of vehicle being operated, including, for an autonomous commercial motor vehicle, a license endorsement authorizing operation of such a vehicle pursuant to Paragraph (9) of Subsection D of Section 66-5-65 NMSA 1978;

                (2) is competent to operate the vehicle and the automated driving system; and

                (3) for an autonomous commercial motor vehicle, is an employee, contractor or other person designated by the automated driving system manufacturer.

          B. An autonomous motor vehicle shall not be operated in autonomous mode and a human operator shall take control of the vehicle:

                (1) when the vehicle is required by law to yield to an emergency vehicle or school bus;

                (2) within a school zone or a construction zone;

                (3) within any area designated for parking at a public park, playground, school, library, swimming facility or other sports facility; or

                (4) outside of the operating conditions approved by the department of transportation in its statement of approval issued pursuant to Subsection B of Section 66-3A-3 NMSA 1978.

          C. The operation of an autonomous commercial motor vehicle on a public highway in New Mexico is prohibited except for the purposes of testing performed in accordance with the requirements of the Autonomous Vehicle Act until and unless operation for purposes other than testing has been approved by rule of the national highway traffic safety administration."

     SECTION 6. A new section of the Motor Vehicle Code, Section 66-3A-3 NMSA 1978, is enacted to read:

     "66-3A-3. [NEW MATERIAL] AUTONOMOUS MOTOR VEHICLES--REQUIREMENTS FOR OPERATION ON PUBLIC HIGHWAY.--

          A. An autonomous motor vehicle shall not be operated on a public highway in New Mexico unless the owner, operator or automated driving system manufacturer:

                (1) provides certification to the department of transportation that the make and model of vehicle being tested or operated has been operated in autonomous mode with the same automated driving system for at least ten thousand miles without incident and provide supporting data to the department of transportation; and

                (2) submits a plan that is approved by the department of transportation in the manner and form required by that department. In addition to any other requirements that the department of transportation adopts by rule, the plan shall:

                     (a) describe how the owner or operator of the vehicle will minimize safety risks to other road users;

                     (b) describe the operating conditions and geographical locations where the testing will be conducted; and

                     (c) demonstrate that the vehicle is capable of operating in those conditions with limited human intervention.

          B. The department of transportation shall review plans submitted pursuant to pursuant to Paragraph (2) of Subsection A of this section and issue a statement of approval only upon a finding that the requirements of that paragraph have been met and the operating conditions described in the plan do not present an unreasonable risk of harm to pedestrians and other motorists."

     SECTION 7. A new section of the Motor Vehicle Code, Section 66-3A-4 NMSA 1978, is enacted to read:

     "66-3A-4. [NEW MATERIAL] AUTONOMOUS MOTOR VEHICLES--VEHICLE REQUIREMENTS.--An autonomous motor vehicle shall not be operated on a public highway in New Mexico unless the vehicle:

          A. has a mechanism that records and stores data from the vehicle's sensors, including sensors for the automated driving system. On the occurrence of an autonomous vehicle incident or a malfunction, error, failure or degraded state of operation by the automated driving system, the mechanism shall capture, store and preserve for three years the sensor data starting at least thirty seconds before and capturing the entirety of the autonomous vehicle incident or malfunction, error, failure or degraded state of operation;

          B. is equipped with an inward- and outward-facing dashboard camera that automatically records video footage of any autonomous vehicle incident and stores the footage for no less than three years;

          C. has a visual indicator in the cabin to indicate when the automated driving system is engaged;

          D. has a mechanism to safely alert the human operator of a failure of the automated driving system;

          E. allows the human operator of the vehicle to take control of the vehicle in multiple, safe and simple manners; and

          F. if the vehicle is an autonomous commercial motor vehicle, has a valid department of transportation number and current operating authority as a motor carrier to perform testing of autonomous commercial motor vehicles. Any testing of that vehicle shall be under that operating authority."

     SECTION 8. Section 66-7-12 NMSA 1978 (being Laws 2021, Chapter 114, Section 7) is recompiled as Section 66-3A-5 NMSA 1978 and is amended to read:

     "66-3A-5. AUTONOMOUS MOTOR VEHICLES--NOTIFICATION AND REGULATION OF TESTING.--

          A. Prior to testing an autonomous motor vehicle [or an autonomous commercial motor vehicle] on a public highway in New Mexico, a person owning or operating [such a] the motor vehicle shall notify the department of transportation at least five calendar days in advance of such operation on a form provided by rule by the department of at least the following information:

                (1) the serial number and type of each motor vehicle to be tested;

                (2) the routes to be used by the motor vehicles;

                (3) the level of automated driving systems to be used by the motor vehicles; and

                (4) such additional information as may be required by the department of transportation by rule.

          B. The department of transportation shall promulgate rules regarding the notification and regulation process provided for in Subsection A of this section, including forms to be used and information to be submitted by operators of autonomous motor vehicles and autonomous commercial motor vehicles when testing such motor vehicles on public highways in New Mexico."

     SECTION 9. Section 66-7-13 NMSA 1978 (being Laws 2021, Chapter 114, Section 8) is recompiled as Section 66-3A-6 NMSA 1978 and is amended to read:

     "66-3A-6. AUTONOMOUS MOTOR VEHICLES--STANDARDS--LOCAL REGULATION.--

          A. Autonomous motor vehicles [and autonomous commercial motor vehicles] shall meet all applicable state and federal motor vehicle safety standards and performance requirements. Additionally, autonomous motor vehicles and autonomous commercial motor vehicles shall [be capable of being operated] at all times operate in compliance with applicable traffic and motor vehicle laws in New Mexico.

          B. With regard to an autonomous motor vehicle operated in the state, the performance of a safety system required by state or federal law or regulation or the overall safety of the vehicle shall not be disabled or degraded.

          [B.] C. No political subdivision of the state may, by ordinance, resolution or any other means, prohibit the testing or operation of an autonomous motor vehicle or autonomous commercial motor vehicle within the jurisdictional boundaries of the political subdivision solely on the basis of the motor vehicle being equipped with an automated driving system."

     SECTION 10. A new section of the Motor Vehicle Code, Section 66-3A-7 NMSA 1978, is enacted to read:

     "66-3A-7. [NEW MATERIAL] AUTONOMOUS MOTOR VEHICLES--COLLISION, INJURY OR DAMAGE--REPORTING--AUTONOMOUS VEHICLE INCIDENT.--

          A. The owner or operator of an autonomous motor vehicle shall submit a report to the department of transportation on January 1 and July 1 of every year that details all autonomous vehicle incidents by the vehicle. The report shall include the total number of collisions, rate of collisions, total employees, change in employees since the owner or operator began operating an autonomous motor vehicle and, for an autonomous vehicle incident:

                (1) the date, time and location;

                (2) the vehicle identification number or other identifying information if a vehicle identification number is not available;

                (3) general facts and circumstances of the incident, including the number of passengers, passenger interactions, injuries, property damage, road conditions, traffic and weather conditions and interactions with other road users or obstacles;

                (4) a detailed narrative of the incident written in language that a nontechnical person can reasonably understand;

                (5) information related to the performance of the autonomous driving system, including whether it was engaged during or in the thirty seconds prior to the automated vehicle incident, any errors, failures, malfunctions or inabilities of the automated driving system, whether an autonomous disengagement occurred and telematics data;

                (6) the specific traffic law violated, if any;

                (7) the existence of any known video footage of the incident, including footage captured pursuant to Section 66-3A-4 NMSA 1978, the footage of which shall be submitted with the report; and

                (8) other information required by the department of transportation.

          B. If an autonomous motor vehicle or autonomous commercial motor vehicle is involved in a collision on a public road that results in property damage, bodily injury to a person or the death of a person, the owner or operator of the vehicle shall report the collision to the department of transportation within forty-eight hours of the collision.

          C. By December of each year beginning in 2026, the department of transportation shall submit a report to the interim legislative committee that studies transportation. The report shall evaluate the performance and impact of autonomous motor vehicles on public safety and employment, including a summary of the autonomous disengagements, autonomous vehicle incidents, impact on transportation sector employees and a recommendation on whether the legislature should modify autonomous motor vehicle statutes."

     SECTION 11. Section 66-5-65 NMSA 1978 (being Laws 1989, Chapter 14, Section 14, as amended) is amended to read:

     "66-5-65. CLASSIFICATIONS--ENDORSEMENTS--RESTRICTIONS.--

          A. Commercial driver's licenses may be issued with the classifications, endorsements and restrictions enumerated in Subsections B, C and D of this section, provided that the applicant has passed the knowledge and skills test required by the department. The holder of a valid commercial driver's license may drive all vehicles in the class for which that license is issued and all lesser classes of vehicles except motorcycles and vehicles that require an endorsement, unless the proper endorsement appears on the license.

          B. The following classifications shall apply to commercial driver's licenses:

                (1) class A - any combination of vehicles with a gross combination weight rating of more than twenty-six thousand pounds, if the gross vehicle weight rating of the vehicle or vehicles being towed is in excess of ten thousand pounds;

                (2) class B - any single vehicle with a gross vehicle weight rating of more than twenty-six thousand pounds and any such vehicle towing a vehicle with a gross vehicle weight rating of ten thousand pounds or less; and

                (3) class C - any single vehicle or combination of vehicles that does not meet either the definition of Paragraph (1) or (2) of this subsection but is:

                     (a) designed to transport sixteen or more passengers, including the driver; or

                     (b) used in the transportation of hazardous materials, which requires the vehicle to be placarded under applicable law.

          C. The secretary, by regulation, may provide for classifications in addition to those set forth in Subsection B of this section.

          D. The following endorsements and restrictions shall apply to commercial driver's licenses:

                (1) "H" - authorizes driving a vehicle transporting hazardous material;

                (2) "L" - restricts the driver to vehicles not equipped with airbrakes;

                (3) "T" - authorizes driving a vehicle towing more than one trailer;

                (4) "P" - authorizes driving vehicles, other than school buses, carrying passengers;

                (5) "N" - authorizes driving tank vehicles;

                (6) "X" - represents a combination of the hazardous material ("H") and tank vehicle ("N") endorsements;

                (7) "S" - authorizes driving a school bus; [and]

                (8) "K" - restricts the driver to driving a commercial motor vehicle in intrastate commerce only; and

                (9) "AV" - authorizes driving an autonomous commercial motor vehicle.

          E. The department shall require an applicant requesting a hazardous material ("H") endorsement to be subject to a background check pursuant to the federal Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001. Information received pursuant to a background check required by the federal transportation security administration of the department of homeland security shall be kept confidential and shall be released only to the subject of the background check and the division. Fees charged for the background check shall be borne by the subject of the background check or by the employer.

          F. The department shall promulgate rules governing the prerequisites for an applicant to receive the endorsement authorized by Paragraph (9) of Subsection D of this section, which shall, at minimum, include certification to the department by an automated driving system manufacturer or the manufacturer's designated representative that the applicant has successfully completed a training course provided by that manufacturer or the manufacturer's designated representative."

     SECTION 12. Section 66-5-208 NMSA 1978 (being Laws 1978, Chapter 35, Section 282, as amended) is amended to read:

     "66-5-208. EVIDENCE OF FINANCIAL RESPONSIBILITY--AMOUNTS AND CONDITIONS.--Evidence of financial responsibility [as used in the Mandatory Financial Responsibility Act, means evidence of the ability to respond in damages for liability, on account of accidents occurring subsequent to the effective date of the evidence, arising out of the ownership, maintenance or use of a vehicle of a type subject to registration under the laws of New Mexico] shall be in the following amounts:

          A. twenty-five thousand dollars ($25,000) because of bodily injury to or death of one person in any one accident;

          B. subject to this limit for one person, fifty thousand dollars ($50,000) because of bodily injury to or death of two or more persons in any one accident;

          C. ten thousand dollars ($10,000) because of injury to or destruction of property of others in any one accident; [and]

          D. if evidence is in the form of a surety bond or a cash deposit, the total amount shall be sixty thousand dollars ($60,000);

          E. for an autonomous motor vehicle, one hundred fifty thousand dollars ($150,000) because of death, bodily injury and property damage; and

          F. for an autonomous commercial motor vehicle, five million dollars ($5,000,000) because of death, bodily injury and property damage."

     SECTION 13. EFFECTIVE DATE.--The effective date of the provisions of this act is January 1, 2026.

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