HOUSE BILL 277
47th legislature - STATE OF NEW MEXICO - first session, 2005
INTRODUCED BY
Brian K. Moore
AN ACT
RELATING TO MOTOR VEHICLES; CREATING THE DEPARTMENT OF MOTOR VEHICLES; TRANSFERRING THE MOTOR VEHICLE DIVISION OF THE TAXATION AND REVENUE DEPARTMENT, INCLUDING THE POWERS AND PERSONNEL TO ADMINISTER AND ENFORCE THE MOTOR VEHICLE CODE AND OTHER PROVISIONS OF LAW RELATING TO MOTOR VEHICLES, TO THE DEPARTMENT OF MOTOR VEHICLES; 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 DEPARTMENT OF MOTOR VEHICLES; AMENDING AND ENACTING SECTIONS OF THE NMSA 1978.
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 "Department of Motor Vehicles Act".
Section 2. [NEW MATERIAL] PURPOSE.--The purpose of the Department of Motor Vehicles Act is to establish a single, unified department to administer and enforce laws and exercise functions concerning motor vehicles currently administered, enforced and exercised by the taxation and revenue department and the department of public safety.
Section 3. [NEW MATERIAL] DEFINITIONS.--As used in the Department of Motor Vehicles Act:
A. "department" means the department of motor vehicles; and
B. "secretary" means the secretary of motor vehicles.
Section 4. [NEW MATERIAL] DEPARTMENT CREATED.--The "department of motor vehicles" is created in the executive branch. The department is a cabinet department and consists of one administrative division and two program divisions as follows:
A. the motor vehicles division; and
B. the motor transportation division.
Section 5. [NEW MATERIAL] SECRETARY--APPOINTMENT.--
A. The administrative head of the department is the "secretary of motor vehicles". 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 appoints, 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] BUREAU CHIEFS.--The secretary may establish within each division of the department those bureaus the secretary deems necessary to carry out the provisions of the Department of Motor Vehicles Act. The secretary shall employ a chief to be the administrative head of each bureau. The bureau chiefs and all subordinate employees of the department are covered by the Personnel Act.
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 Department of Motor Vehicles 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 Department of Motor Vehicles Act, and enforce those orders and instructions by appropriate administrative action or actions in the courts;
(6) conduct research that will improve the operation of the department and the provision of services to the citizens 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 regulation, 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 regulation 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. All rules and regulations 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 Department of Motor Vehicles 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 7-15-2.1 NMSA 1978 (being Laws 1988, Chapter 73, Section 23, as amended) is amended to read:
"7-15-2.1. DEFINITIONS.--As used in the Trip Tax Act:
A. "combination gross vehicle weight" means the sum total of the gross vehicle weights of all units of a combination;
B. "commercial motor carrier vehicle" means any motor vehicle with a gross weight of twelve thousand pounds or more used or reserved for use in the transportation of persons, property or merchandise for hire, compensation or profit or in the furtherance of a commercial enterprise or any vehicle used or maintained primarily for the transportation of property or merchandise or for drawing other vehicles so used or maintained;
C. "department" means the department of [public safety] motor vehicles, the secretary of [public safety] motor vehicles and any employee of that department exercising authority lawfully delegated to that employee by the secretary;
D. "gross vehicle weight" means the weight of a vehicle without load, plus the weight of any load [thereon];
E. "motor vehicle" means every vehicle which is self-propelled and every vehicle which is propelled by electric power obtained from batteries or from overhead trolley wires, but not operated upon rails;
F. "registrant" means the person who has registered the vehicle pursuant to the laws of this state or another state;
G. "trip tax" means the use fee imposed under the Trip Tax Act; and
H. "vehicle" means every device in, upon or by which any person or property is or may be transported or drawn upon a highway, including any frame, chassis or body of any vehicle or motor vehicle, except devices moved by human power or used exclusively upon stationary rails or tracks."
Section 12. 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 department of [public safety] motor vehicles upon demand of that employee 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 13. Section 9-11-4 NMSA 1978 (being Laws 1977, Chapter 249, Section 4, as amended) is amended to read:
"9-11-4. DEPARTMENT ESTABLISHED.--There is created in the executive branch the "taxation and revenue department". The department shall be a cabinet department and shall consist of, but not be limited to, an administrative services division and [four] three program divisions as follows:
A. the audit and compliance division;
B. the property tax division; and
C. the revenue processing division [and
D. the motor vehicle division]."
Section 14. 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 and one administrative 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; and
E. the administrative services division [and
F. the motor transportation division]."
Section 15. 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 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. "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] motor vehicles, the secretary of [public safety] motor vehicles 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] motor vehicles 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. "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 16. Section 65-1-9 NMSA 1978 (being Laws 1967, Chapter 97, Section 11, as amended) is amended to read:
"65-1-9. DEPARTMENT TO ENFORCE LAWS--DETENTION OF VEHICLES.--
A. The department shall enforce and collect all [excise] taxes, license fees and other fees and charges of every nature and perform all inspections and collect all information considered necessary to enforce the laws [of all departments, commissions and other agencies of state government, in addition to those] specifically assigned to the department.
B. Whenever the department is [so] requested and agrees [and the agreement is] in writing [containing all reasonable detail concerning the responsibilities of the parties to the agreement], it may enforce and collect taxes, license fees and other fees and charges assigned to other state agencies.
C. Upon inspection of a commercial motor carrier vehicle, if a law enforcement officer of the department determines that taxes, fees or charges attributable to that vehicle are owed to the state and are past due, the vehicle may be detained until the taxes, fees or charges are paid; provided that the department shall first promulgate a rule establishing a process by which amounts owed shall be verified, detention of the vehicle imposed, payment verified and detention of the vehicle released.
D. The department shall [also] assist, as far as practicable and in accordance with a proper written agreement, in the enforcement of statutory, administrative and judicial provisions of the federal Motor Carrier Act."
Section 17. 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 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] motor vehicles;
(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 18. 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] motor vehicles 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 19. 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] motor vehicles, 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 20. 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] motor vehicles 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 21. Section 66-1-4 NMSA 1978 (being Laws 1978, Chapter 35, Section 4, as amended) is amended to read:
"66-1-4. DEFINITIONS.--
A. Sections 66-1-4.1 through 66-1-4.20 NMSA 1978 define terms for general purposes of the Motor Vehicle Code. When in a specific section of the Motor Vehicle Code a different meaning is given for a term defined for general purposes in Sections 66-1-4.1 through 66-1-4.20 NMSA 1978, the specific section's meaning and application of the term shall control.
B. All references in the Motor Vehicle Code and elsewhere in the NMSA 1978 to Section 66-1-4 NMSA 1978 shall be construed to include Sections 66-1-4.1 through 66-1-4.20 NMSA 1978.
[C. All references in the NMSA 1978 to the "department of motor vehicles" or "department" shall, whenever appropriate, mean the taxation and revenue department.
D.] C. All references in the NMSA 1978 to the "commissioner of motor vehicles" or "commissioner" shall, whenever appropriate, mean the secretary."
Section 22. Section 66-1-4.4 NMSA 1978 (being Laws 1990, Chapter 120, Section 5, as amended) is amended to read:
"66-1-4.4. DEFINITIONS.--As used in the Motor Vehicle Code:
A. "day" means calendar day, unless otherwise provided in the Motor Vehicle Code;
B. "dealer", except as [herein] specifically excluded, means any person who sells or solicits or advertises the sale of new or used motor vehicles, manufactured homes or trailers subject to registration in this state; "dealer" does not include:
(1) receivers, trustees, administrators, executors, guardians or other persons appointed by or acting under judgment, decree or order of any court;
(2) public officers while performing their duties as such officers;
(3) persons making casual sales of their own vehicles;
(4) finance companies, banks and other lending institutions making sales of repossessed vehicles; or
(5) licensed brokers under the Manufactured Housing Act who, for a fee, commission or other valuable consideration, engage in brokerage activities related to the sale, exchange or lease purchase of pre-owned manufactured homes on a site installed for a consumer;
C. "declared gross weight" means the 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;
D. "department" means the [taxation and revenue] department of motor vehicles, the secretary of [taxation and revenue] motor vehicles or any employee of the department exercising authority lawfully delegated to that employee by the secretary;
E. "designated disabled parking space" means any space, including an access aisle, marked and reserved for the parking of a passenger vehicle that carries registration plates or a parking placard indicating disability in accordance with Section 66-3-16 NMSA 1978, and designated by a conspicuously posted sign bearing the international disabled symbol of a wheelchair and if paved, by a clearly visible depiction of this symbol painted in blue on the pavement of the space;
F. "director" means the secretary;
G. "disqualification" means a prohibition against driving a commercial motor vehicle;
H. "distinguishing number" means the number assigned by the department to a vehicle whose identifying number has been destroyed or obliterated or the number assigned by the department to a vehicle that has never had an identifying number;
I. "distributor" means [any] a person who distributes or sells new or used motor vehicles to dealers and who is not a manufacturer;
J. "division", without further specification, "division of motor vehicles" or "motor vehicle division" means the department;
K. "driver" means every person who drives or is in actual physical control of a motor vehicle, including a motorcycle, upon a highway, who is exercising control over or steering a vehicle being towed by a motor vehicle or who operates or is in actual physical control of an off-highway motor vehicle;
L. "driver's license" means a license or a class of license issued by a state or other jurisdiction to an individual that authorizes the individual to drive a motor vehicle; and
M. "driveaway-towaway operation" means [any] an operation in which any motor vehicle, new or used, is the item being transported when one set or more of wheels of any such motor vehicle is on the roadway during the course of transportation, whether or not the motor vehicle furnishes the motive power."
Section 23. Section 66-1-4.16 NMSA 1978 (being Laws 1990, Chapter 120, Section 17, as amended) is amended to read:
"66-1-4.16. DEFINITIONS.--As used in the Motor Vehicle Code:
A. "safety glazing materials" means glazing materials constructed, treated or combined with other materials to reduce substantially, in comparison with ordinary sheet glass or plate glass, the likelihood of injury to persons by objects from exterior sources or by these safety glazing materials when they are cracked and broken;
B. "safety zone" means the area or space that is officially set apart within a highway for the exclusive use of pedestrians and that is protected or is so marked or indicated by adequate signs as to be plainly visible at all times while set apart as a safety zone;
C. "school bus" means a commercial motor vehicle used to transport preprimary, primary or secondary school students from home to school, from school to home or to and from school-sponsored events, but not including a vehicle:
(1) operated by a common carrier, subject to and meeting all requirements of the public regulation commission but not used exclusively for the transportation of [pupils] students;
(2) operated solely by a government-owned transit authority, if the transit authority meets all safety requirements of the public regulation commission but is not used exclusively for the transportation of [pupils] students; or
(3) operated as a per capita feeder as defined in Section 22-16-6 NMSA 1978;
D. "seal" means the official seal of the [taxation and revenue] department as designated by the secretary;
E. "secretary" means the secretary of [taxation and revenue] motor vehicles, and, except for the purposes of Sections 66-2-3 and 66-2-12 NMSA 1978, also includes [the] a deputy secretary and any division director delegated by the secretary;
F. "semitrailer" means a vehicle without motive power, other than a pole trailer, designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that some significant part of its weight and that of its load rests upon or is carried by another vehicle;
G. "sidewalk" means a portion of street between the curb lines, or the lateral lines of a roadway, and the adjacent property lines, intended for the use of pedestrians;
H. "slow-moving vehicle" means a vehicle that is ordinarily moved, operated or driven at a speed less than twenty-five miles per hour;
I. "solid tire" means every tire of rubber or other resilient material that does not depend upon compressed air for the support of the load;
J. "special mobile equipment" means a vehicle not designed or used primarily for the transportation of persons or property and incidentally operated or moved over the highways, including but not limited to farm tractors, road construction or maintenance machinery, ditch-digging apparatus, well-boring apparatus and concrete mixers;
K. "specially constructed vehicle" means a vehicle of a type required to be registered under the Motor Vehicle Code not originally constructed under a distinctive name, make, model or type by a generally recognized manufacturer of vehicles and not materially altered from its original construction;
L. "state" means a state, territory or possession of the United States, the District of Columbia or a province of the Dominion of Canada;
M. "state highway" means a public highway that has been designated as a state highway by the legislature, the state transportation commission or the secretary of transportation;
N. "stop", when required, means complete cessation from movement;
O. "stop, stopping or standing", when prohibited, means any stopping or standing of a vehicle, whether occupied or not, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or traffic-control sign or signal;
P. "street" or "highway" means a 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;
Q. "subsequent offender" means a person who was previously a first offender and who again, under state law, federal law or a municipal ordinance or a tribal law, has been adjudicated guilty of the charge of driving a motor vehicle while under the influence of intoxicating liquor or any drug that rendered [him] the person incapable of safely driving a motor vehicle, regardless of whether the person's sentence was suspended or deferred; and
R. "suspension" means that a person's driver's license and privilege to drive a motor vehicle on the public highways are temporarily withdrawn."
Section 24. 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 who has been certified by the director of the division to enter upon and perform inspections of motor carriers' vehicles in operation;
[I.] 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;
[J.] K. "travel trailer" means a trailer with a camping body and includes recreational travel trailers and camping trailers;
[K.] 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 25. Section 66-5-66 NMSA 1978 (being Laws 1989, Chapter 14, Section 15) is amended to read:
"66-5-66. APPLICANT RECORD INFORMATION--INFORMATION EXCHANGE.--
A. Before issuing a commercial driver's license, the division shall obtain pertinent driving record information from each state where the applicant has been licensed, through a multistate data base, or from each state.
B. The [taxation and revenue] department shall have the authority to exchange commercial driver's license information as it deems necessary to carry out the provisions of the New Mexico Commercial Driver's License Act."
Section 26. Section 66-6-4 NMSA 1978 (being Laws 1978, Chapter 35, Section 339, as amended) is amended to read:
"66-6-4. REGISTRATION FEES--TRUCKS, TRUCK TRACTORS, ROAD TRACTORS AND BUSES.--
A. [Within their respective jurisdictions, the motor vehicle division and the motor transportation division of] The department [of public safety] shall charge registration fees for trucks, truck tractors, road tractors and buses, except as otherwise provided by law, according to the schedule [of Subsection B of] in this section.
B. Declared Gross Weight Fee
001 to 4,000 $ 40
4,001 to 6,000 55
6,001 to 8,000 69
8,001 to 10,000 84
10,001 to 12,000 99
12,001 to 14,000 113
14,001 to 16,000 128
16,001 to 18,000 143
18,001 to 20,000 157
20,001 to 22,000 172
22,001 to 24,000 187
24,001 to 26,000 201
26,001 to 48,000 118
48,001 and over 172.
C. All trucks whose declared gross weight or whose gross vehicle weight is less than twenty-six thousand pounds, after five years of registration, calculated from the date when the vehicle was first registered in this or another state, shall be charged registration fees at eighty percent of the rate set out in [Subsection B of] this section.
D. All trucks with a gross vehicle weight of more than twenty-six thousand pounds and all truck tractors and road tractors used to tow freight trailers shall be registered on the basis of combination gross vehicle weight.
E. All trucks with a gross vehicle weight of twenty-six thousand pounds or less shall be registered on the basis of gross vehicle weight. A trailer, semitrailer or pole trailer towed by a truck of such gross vehicle weight shall be classified as a utility trailer for registration purposes unless otherwise provided by law.
F. All farm vehicles having a declared gross weight of more than six thousand pounds shall be charged registration fees of two-thirds of the rate of the respective fees provided in this section and shall be issued distinctive registration plates. "Farm vehicle" means a vehicle owned by a person whose principal occupation is farming or ranching and which vehicle is used principally in the transportation of farm and ranch products to market and farm and ranch supplies and livestock from the place of purchase to farms and ranches in this state; provided that the vehicle is not used for hire.
G. In addition to other registration fees imposed by this section, beginning July 1, 1994, there is imposed at the time of registration an annual tire recycling fee of one dollar fifty cents ($1.50) on each vehicle subject to a registration fee pursuant to this section, except for vehicles with a declared gross weight of greater than twenty-six thousand pounds upon which registration fees are imposed by [Subsection B of] this section.
H. Three percent of registration fees of trucks having from twenty-six thousand one pounds to forty-eight thousand pounds declared gross vehicle weight is to be transferred to the tire recycling fund pursuant to the provisions of Section 66-6-23 NMSA 1978.
I. Three and seventy-five hundredths percent of registration fees of trucks in excess of forty-eight thousand pounds declared gross vehicle weight is to be transferred to the tire recycling fund pursuant to the provisions of Section 66-6-23 NMSA 1978."
Section 27. 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 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 department [of public safety] if the scales are within five miles.
B. When a police 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 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 shipper or any other person loading the vehicle who intentionally overloads a vehicle [which he] that the 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 28. 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 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] 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 29. 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 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, 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 permit shall be carried in the vehicle to which it refers and shall be opened for inspection to any peace officer. It is a misdemeanor for a person to violate a condition or term of the special permit.
B. The 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 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 [himself] and for escort vehicles provided by a private business in this state.
(1) The department [of public safety] shall provide the escort 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 department [of public safety] shall issue the special permit, but shall not charge an escort fee. If [the motor carrier provides its own] escort vehicles and personnel are provided by the motor carrier, the department [of public safety] shall require that the motor carrier have a warrant issued by the public regulation commission.
(2) 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 is subject to department [of public safety] authority and inspection at all times.
(3) 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 four-lane highway lies within the boundaries of a municipality, the department of transportation, after obtaining the approval of the municipal governing body, shall include such portions in its rules.
D. Except for the movement of manufactured homes, special permits may be issued for a single vehicle or combination of vehicles by the department [of public safety] for a period not to exceed one year for a fee of two hundred fifty dollars ($250). The permits may allow excessive height, length and width for a vehicle or combination of vehicles or load [thereon] and may include a provision for excessive weight if the distance traveled by the vehicle or combination of vehicles is within a one hundred twenty-five mile radius of the origin of the trip. 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. Special permits for a single trip for a vehicle or combination of vehicles or load [thereon] of excessive weight, width, length and height may be issued by the 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 multiplied by the number of miles to be traveled by the vehicle or combination of vehicles on the highways of this state.
F. If a vehicle for which a permit is issued pursuant to this section is a manufactured home, the 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 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. Except as provided in Subsection H of this section, if the movement of a manufactured home originates in this state, a permit shall not be issued pursuant to Subsection F of this section until the owner of the manufactured home or the authorized agent of the owner obtains and presents to the 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. 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 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 of this section whether the destination is the business location of a dealer or some other destination.
I. 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. The secretary [of public safety] 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. The secretary [of public safety] 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 department [of public safety] shall charge a fee for each self-issued permit not to exceed fifteen dollars ($15.00).
L. 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. 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. The department [of public safety] 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. 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 30. Section 66-7-413.2 NMSA 1978 (being Laws 1989, Chapter 291, Section 1, as amended) is amended to read:
"66-7-413.2. ENGINEERING INVESTIGATIONS FOR VEHICLES IN EXCESS OF ONE HUNDRED SEVENTY THOUSAND POUNDS.--
A. All vehicles 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 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 upon which the move is to be made; and
(c) estimate the cost for any necessary modifications the move may cause; 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 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 be advised by the [motor transportation division of the] department [of public safety] that engineering investigations will be conducted by the [state highway and transportation] department of transportation and the cost incurred by the [state highway and transportation] department of transportation will be paid by the applicant as an added cost to [his] the applicant's 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 special permit pursuant to Section 66-7-413 NMSA 1978.
C. The applicant or the applicant's employer shall pay the costs for any modifications to the road, 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 special permit and the costs for any damages to the road or bridges 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 person who violates the provisions of [Subsection A 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 31. Section 66-7-413.4 NMSA 1978 (being Laws 2001, Chapter 20, Section 2, as amended) is amended to read:
"66-7-413.4. 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 32. 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] size or weight [thereof], on designated streets in areas that are primarily residential, which prohibitions and limitations shall be designated by appropriate signs placed on [such] the street.
B. The local authority enacting an ordinance or resolution shall erect or cause to be erected and maintained signs designating the provisions of the ordinance or resolution at each end of that portion of [any] the 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 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 restrictions shall be effective [on and after] upon the passage of a resolution and when signs giving notice [thereof] 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 33. 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] 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 34. Section 66-12-6 NMSA 1978 (being Laws 1965, Chapter 48, Section 1, as amended) is amended to read:
"66-12-6. DEALER AND MANUFACTURER NUMBERS--FEE--CERTIFICATES OF ORIGIN--RECORDS.--
A. A dealer or manufacturer that demonstrates motorboats on the public waters of this state shall file an application for a dealer or manufacturer number. The number shall be in lieu of a certificate of number for each motorboat intended or offered for sale.
B. Application for a dealer or manufacturer number shall be in the form prescribed by the division. The application shall state that the applicant is a motorboat dealer or manufacturer and that the applicant will operate a motorboat upon the waters of this state only for test or demonstration purposes. The statement shall be verified before a state officer who is authorized to administer an oath. The fee for a dealer or manufacturer number is ten dollars ($10.00) annually as prescribed by the division.
C. The division shall issue a certificate of a dealer or manufacturer number to an applicant who submits a complete application and full payment of the dealer or manufacturer number fee to the division. The certificate shall be issued after the applicant obtains a dealer license from the [motor vehicle division of the taxation and revenue] department of motor vehicles and shall contain the following:
(1) a dealer or manufacturer number that contains two state identification letters, followed by four numbers and two additional letters that are unique to dealers or manufacturers;
(2) the expiration date of the certificate;
(3) the name and business address of the applicant;
(4) the address of the principal place of business of the applicant; and
(5) a conspicuous statement that the division has certified the applicant as a dealer or manufacturer.
D. The dealer or manufacturer number shall be painted on or attached to plates that are firmly attached to each side of the front of a motorboat of the dealer or manufacturer while it is afloat upon the waters of this state.
E. A dealer or manufacturer who operates more than one motorboat for test or demonstration purposes on the waters of this state at the same time shall obtain and display a separate dealer or manufacturer number for each motorboat tested or demonstrated.
F. A manufacturer or dealer shall not transfer ownership of a new boat without supplying the transferee with the manufacturer's certificate of origin signed by the manufacturer's authorized agent. The certificate shall contain information the division requires.
G. Every dealer shall maintain for three years a record of any boat [he] the dealer bought, sold, exchanged or received for sale or exchange. This record shall be open to inspection by division representatives during reasonable business hours."
Section 35. Section 66-12-6.6 NMSA 1978 (being Laws 2003, Chapter 410, Section 5) is amended to read:
"66-12-6.6. DEALER LICENSE.--
A. A person shall not engage in business as a dealer or manufacturer without obtaining a valid dealer license from the [motor vehicle division of the taxation and revenue] department of motor vehicles, unless the person has a valid motor vehicle dealer license. A dealer or manufacturer shall annually file an application with the [motor vehicle division] department of motor vehicles for a dealer license for each established place of business of the dealer or manufacturer.
B. A person shall file an application for a dealer license with the [motor vehicle division of the taxation and revenue] department of motor vehicles on a form prescribed by the [motor vehicle division] department. The application shall contain the name, address and telephone number of the applicant, the signature of the applicant or the signatures of all of the officers of a corporate applicant, the address of the established place of business, the federal taxpayer identification number of the applicant and other information that the [motor vehicle division] department of motor vehicles may require. The application shall state that the applicant will engage in business as a dealer. The statement shall be verified before a state officer authorized to administer an oath. The fee for a dealer license shall be prescribed by the [motor vehicle division] department of motor vehicles but shall not exceed fifty dollars ($50.00) annually.
C. The [motor vehicle division of the taxation and revenue] department of motor vehicles shall issue a dealer license to an applicant who submits a complete application and full payment of the dealer license fee to the [motor vehicle division] department. The license shall contain the following:
(1) the license number;
(2) the expiration date of the license;
(3) the name and business address of the licensee;
(4) the address of the location for which the license was issued; and
(5) a statement requiring that the license be conspicuously displayed at the location for which the license was issued.
D. A dealer license shall specify the location of each place of business in which the licensee engages in business as a dealer. The dealer shall notify the [motor vehicle division of the taxation and revenue] department of motor vehicles of a change of ownership, location or name of the place of business within ten days of the change.
E. A dealer license shall authorize the licensed activity at only one business establishment. A dealer shall obtain a supplemental license from the [motor vehicle division of the taxation and revenue] department of motor vehicles for each additional establishment owned or operated by the dealer. The application for a supplemental license shall be in a form prescribed by the [motor vehicle division] department. The [motor vehicle division] department shall issue a supplemental license to an applicant who possesses a valid dealer license, submits a complete application and meets all other requirements of the [motor vehicle division] department.
F. A dealer license or supplemental license shall be conspicuously displayed at the location of the established place of business for which it was issued."
Section 36. Section 66-12-6.7 NMSA 1978 (being Laws 2003, Chapter 410, Section 6) is amended to read:
"66-12-6.7. DEALER LICENSE DENIAL, SUSPENSION AND REVOCATION.--The [motor vehicle division of the taxation and revenue] department of motor vehicles may deny, suspend or revoke a dealer license for:
A. a material misrepresentation communicated by a dealer to the [motor vehicle division] department;
B. a lack of fitness as proscribed by rule of the [motor vehicle division] department; or
C. a willful violation of a federal or state law relating to the sale, distribution, financing, registration, taxing or insuring of motorboats."
Section 37. Section 66-12-6.8 NMSA 1978 (being Laws 2003, Chapter 410, Section 7) is amended to read:
"66-12-6.8. DEALER BONDS--REQUIRED INSURANCE.--A person licensed as a dealer pursuant to the Boat Act shall file with the [state parks] division a bond in the amount of fifty thousand dollars ($50,000) unless there is a bond on file with the [motor vehicle division of the taxation and revenue] department of motor vehicles for a motor vehicle dealer's license and such proof is submitted to the [state parks] division. The bond shall be issued by a corporate surety licensed to conduct business within the state. The bond shall be issued under the condition that the applicant shall not practice fraud or violate any provision of the Boat Act. A person who has obtained a dealer license shall furnish evidence that the person has liability insurance for the established place of business for which the license was obtained."
Section 38. TEMPORARY PROVISION--TRANSFER OF PERSONNEL, PROPERTY AND CONTRACTS.--On the effective date of this act:
A. all personnel of the motor vehicle division of the taxation and revenue department and all personnel of the motor transportation division of the department of public safety are transferred to the department of motor vehicles;
B. all appropriations, money, records, property, equipment and supplies of the motor vehicle division of the taxation and revenue department and all appropriations, money, records, property, equipment and supplies of the motor transportation division of the department of public safety are transferred to the department of motor vehicles; and
C. all contracts, grants and agreements of the taxation and revenue department relating to the motor vehicle division and all contracts, grants and agreements of the department of public safety relating to the motor transportation division are transferred to the department of motor vehicles.
Section 39. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2005.
- 60 -