AN ACT
RELATING TO MOTOR VEHICLES; UPDATING
THE DEFINITION OF "COMMERCIAL MOTOR CARRIER VEHICLE" AND
"COMMERCIAL MOTOR VEHICLE" IN CERTAIN SECTIONS OF THE MOTOR
TRANSPORTATION ACT AND THE MOTOR VEHICLE CODE IN ORDER TO COMPLY WITH FEDERAL
REGULATIONS; AMENDING CERTAIN SECTIONS OF THE NMSA 1978.
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 weight attributable thereto 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 motor
transportation 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 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 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;
O. "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. "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 thereof; "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. "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. "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. "secretary" means the secretary of
public safety and, except for the purposes of 65-1-33 NMSA 1978, also includes
the deputy secretary and any division director delegated by the secretary;
T. "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. "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 65-3-3 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 commercial
motor carrier vehicle operating on the public highways of New Mexico of a type
that:
(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.
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 3. Section 66-1-4.3 NMSA 1978 (being Laws 1990,
Chapter 120, Section 4, as amended) is amended to read:
"66-1-4.3. DEFINITIONS.--As used in the Motor Vehicle
Code:
A. "camping body" means a vehicle body
primarily designed or converted for use as temporary living quarters for
recreational, camping or travel activities;
B. "camping trailer" means a camping body,
mounted on a chassis, or frame with wheels, designed to be drawn by another
vehicle and that has collapsible partial side walls that fold for towing and
unfold at the campsite;
C. "cancellation" means that a
driver's license is annulled and terminated because of some error or defect or
because the licensee is no longer entitled to the license, but cancellation of
a license is without prejudice, and application for a new license may be made
at any time after cancellation;
D. "casual sale" means the sale of a
motor vehicle by the registered owner of the vehicle if the owner has not sold
more than four vehicles in that calendar year;
E. "chassis" means the complete motor
vehicle, including standard factory equipment, exclusive of the body and cab;
F. "collector" means a person who is
the owner of one or more vehicles of historic or special interest who collects,
purchases, acquires, trades or disposes of these vehicles or parts thereof for
the person's own use in order to preserve, restore and maintain a similar
vehicle for hobby purposes;
G. "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;
H. "combination gross vehicle weight"
means the sum total of the gross vehicle weights of all units of a combination;
I. "commerce" means the transportation
of persons, property or merchandise for hire, compensation, profit or in the
furtherance of a commercial enterprise in this state or between New Mexico and
a place outside New Mexico, including a place outside the United States;
J. "commercial motor 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;
K. "controlled-access highway" means
every highway, street or roadway in respect to which owners or occupants of
abutting lands and other persons have no legal right of access to or from the
highway, street or roadway except at those points only and in the manner as may
be determined by the public authority having jurisdiction over the highway,
street or roadway;
L. "controlled substance" means any
substance defined in Section 30-31-2 NMSA 1978 as a controlled substance;
M. "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 defined in
Section 66-1-4.19 NMSA 1978, but weight attributable thereto shall be included
in declared gross weight;
N. "conviction" means the alleged
violator has entered a plea of guilty or nolo contendere or has been found
guilty in the trial court and has waived or exhausted all rights to an appeal;
O. "crosswalk" means:
(1) that part of a roadway at an intersection
included within the connections of the lateral lines of the sidewalks on
opposite sides of the highway measured from the curbs or, in the absence of
curbs, from the edges of the traversable roadway; and
(2) any portion of a roadway at an intersection
or elsewhere distinctly indicated for pedestrian crossing by lines or other
markings on the surface; and
P. "curb cut" means a short ramp
through a curb or built up to the curb."
Section 4. EFFECTIVE DATE.--The effective date of the
provisions of this act is July 1, 2003.
HB 347
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