HOUSE BILL 100

45th legislature - STATE OF NEW MEXICO - second session, 2002

INTRODUCED BY

Donald L. Whitaker





FOR THE REVENUE STABILIZATION AND TAX POLICY COMMITTEE



AN ACT

RELATING TO MOTOR TRANSPORTATION; EXEMPTING CERTAIN COMMERCIAL VEHICLES FROM THE MOTOR CARRIER SAFETY ACT AND FROM REGULATIONS PROMULGATED UNDER THAT ACT; AMENDING A SECTION OF THE NMSA 1978.

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

Section 1. 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 the following motor vehicles operating on the public highways of New Mexico:

(1) interstate commercial motor carrier vehicles with a declared gross vehicle weight of over ten thousand pounds;

(2) intrastate commercial motor carrier vehicles with a declared gross vehicle weight of over twenty-six thousand pounds, except for a vehicle that is:

(a) a machine generally consisting of a mast, engine, draw works and chassis permanently constructed or assembled to be used in oil or water well servicing or drilling;

(b) a mobile crane that is an unladen, self-propelled vehicle constructed as a machine used to raise, shift or lower weight; or

(c) a vehicle transporting a seed cotton module;

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

(4) motor vehicles transporting hazardous materials of a type or quantity requiring placarding under applicable state or federal law.

B. Whenever a motor 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 2. EFFECTIVE DATE.--The effective date of the provisions of this act is October 1, 2002.

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