HOUSE BILL 419
47th legislature - STATE OF NEW MEXICO - second session, 2006
INTRODUCED BY
Daniel P. Silva
AN ACT
RELATING TO MOTOR CARRIERS; CHANGING PROVISIONS OF THE MOTOR CARRIER ACT TO COMPLY WITH THE FEDERAL UNIFIED CARRIER REGISTRATION ACT OF 2005; PRESCRIBING A PENALTY ASSESSMENT MISDEMEANOR FOR FAILURE TO REGISTER WITH A BASE STATE; PROVIDING FOR A CONTINGENT EFFECTIVE DATE, WITH NOTIFICATION TO THE NEW MEXICO COMPILATION COMMISSION AND THE LEGISLATIVE COUNCIL SERVICE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. Section 65-2A-16 NMSA 1978 (being Laws 2003, Chapter 359, Section 16) is amended to read:
"65-2A-16. INTERSTATE MOTOR CARRIERS.--
[A. A motor carrier engaged in interstate commerce shall not provide compensated interstate transportation of persons or property on the highways of this state without a single state registration receipt from a base state. The commission is authorized to issue single state registration receipts without notice or a public hearing.
B. The commission is authorized to collect an annual per vehicle fee, enter into agreements with state agencies and other state governments and promulgate rules necessary to enable New Mexico to participate in the single state registration system or its successor system for interstate motor carriers either subject to regulation, or transporting commodities exempt from regulation, by the federal motor carrier safety administration pursuant to Section 4005 of the federal Intermodal Surface Transportation Efficiency Act of 1991, and implementing regulations promulgated by the federal motor carrier safety administration.
C. The commission shall require an application, proof of financial responsibility and a single state registration receipt showing that the annual per vehicle fee has been paid for New Mexico from an interstate motor carrier transporting commodities exempt from regulation by the federal motor carrier safety administration in interstate commerce on the highways of the state, but shall not require payment of duplicate annual per vehicle fees from an interstate motor carrier transporting both exempt and regulated commodities.]
A. Foreign and domestic motor carriers, motor private carriers, leasing companies, brokers and freight forwarders shall not operate in interstate commerce in this state without first registering with a base state and paying all fees as required under the federal Unified Carrier Registration Act of 2005. The commission is authorized to register applicants and collect all fees without notice or a public hearing.
B. The commission is authorized to follow rules and collect fee assessments set by the federal secretary of transportation from foreign and domestic motor carriers, motor private carriers, leasing companies, brokers and freight forwarders, and do all things necessary to enable New Mexico to participate in the federal unified carrier registration system pursuant to the federal Unified Carrier Registration Act of 2005, including the collection of an equal amount of revenue as was collected by the commission in the last registration year under Section 4005 of the federal Intermodal Surface Transportation Efficiency Act of 1991 and the collection of an equal amount of revenue annually from all other sources allowed under the Unified Carrier Registration Act of 2005 in the last year that such collections were not prohibited by federal law.
C. The commission is the state agency in New Mexico responsible for operation of the federal Unified Carrier Registration Act of 2005, including participating in the development, implementation and administration of the unified carrier registration agreement. The commission is authorized to follow rules governing the unified carrier registration agreement issued under the unified carrier registration plan by its board of directors.
D. Compliance by an interstate motor carrier with the provisions of the federal [Intermodal Surface Transportation Efficiency Act of 1991] Unified Carrier Registration Act of 2005 shall not authorize a carrier to provide intrastate transportation services in New Mexico. An interstate motor carrier wishing to provide compensated transportation in intrastate commerce shall apply for the appropriate intrastate operating authority from the commission. A taxicab service or terminal shuttle service is engaged in nonexempt intrastate business within the state regardless of a prior exemption if its service provides, with regard to any service run, for both:
(1) initiation of the transportation of one or more passengers within this state; and
(2) delivery to a departure point within this state of one or more passengers whose transportation on that service run was initiated at a point within this state."
Section 2. Section 66-8-116.2 NMSA 1978 (being Laws 1989, Chapter 319, Section 13, as amended) is amended to read:
"66-8-116.2. PENALTY ASSESSMENT MISDEMEANORS--MOTOR CARRIER ACT.--As used in the Motor Vehicle Code and the Motor Carrier Act, "penalty assessment misdemeanor" means, in addition to the definitions of that term in Sections 66-8-116 and 66-8-116.1 NMSA 1978, violation of the following listed sections of the NMSA 1978 for which the listed penalty is established:
A. GENERAL
COMMON NAME OF OFFENSE SECTION VIOLATED PENALTY ASSESSMENT
Failure to register
motor carrier [65-1-12] 66-3-1.1 $100.00
Failure to carry
identification card 65-1-26 50.00
Failure to comply with
public regulation
commission rules and
regulations [Section 7 of
the Motor Carrier Act] 65-2A-7 50.00
Failure to
carry single state
registration receipt issued
by a base state [Section 7 of
the Motor Carrier Act] 65-2A-7 50.00
Failure to register with
a base state under the
federal Unified Carrier
Registration Act of 2005 65-2A-7 50.00
Failure to stop at
designated
registration place 65-5-1 100.00
Failure to obtain
proper clearance
certificates 65-5-3 100.00.
B. VEHICLE OUT-OF-SERVICE VIOLATIONS
COMMON NAME OF OFFENSE SECTION VIOLATED PENALTY ASSESSMENT
Absence of braking action 65-3-9 $100.00
Damaged brake lining or pads 65-3-9 50.00
Loose or missing brake
components 65-3-12 100.00
Inoperable breakaway braking
system 65-3-12 50.00
Defective or damaged brake
tubing 65-3-12 50.00
Inoperative low pressure
warning device 65-3-9 50.00
Reservoir pressure not
maintained 65-3-12 100.00
Inoperative tractor
protection valve 65-3-9 100.00
Damaged or loose air
compressor 65-3-12 100.00
Audible air leak at brake
chamber 65-3-12 50.00
Defective safety devices--
chains or hooks 65-3-9 100.00
Defective towing or coupling
devices 65-3-9 100.00
Defective exhaust systems 65-3-9 30.00
Frame defects--trailers 65-3-12 100.00
Frame defects--other 65-3-9 100.00
Defective fuel systems 65-3-9 50.00
Missing or inoperative
lamps 65-3-9 25.00
Missing lamps on projecting
loads 65-3-9 50.00
Missing or inoperative
turn signal 65-3-9 25.00
Unsafe loading 65-3-8 100.00
Excessive steering wheel
play 65-3-9 100.00
Steering column defects 65-3-9 100.00
Steering box or steering
system defects 65-3-9 100.00
Suspension system defects 65-3-9 50.00
Defective springs or spring
assembly 65-3-9 50.00
Defective tires--steering
axle 65-3-9 100.00
Defective tires--other axles 65-3-9 30.00
Defective wheels and rims 65-3-9 50.00
Defective or missing
windshield wipers 65-3-9 30.00
Defective or inoperative
emergency exit--bus 65-3-9 100.00.
C. DRIVER OUT-OF-SERVICE VIOLATIONS
COMMON NAME OF OFFENSE SECTION VIOLATED PENALTY ASSESSMENT
Driver's age 65-3-7 $30.00
Driver not licensed for
type of vehicle being
operated 65-3-7 30.00
Failure to have valid
commercial driver's license
in possession 66-5-59 30.00
No waiver of physical
disqualification
in possession 65-3-7 30.00
Sickness or fatigue 65-3-8 100.00
Driver disqualification 65-3-7 500.00
Exceeding the 10-hour
driving rule 65-3-11 100.00
Exceeding the 15-hour on
duty rule 65-3-11 100.00
Exceeding the 60 hours in 7
days on duty rule 65-3-11 100.00
Exceeding 70 hours in 8
days on duty rule 65-3-11 100.00
False log book 65-3-11 100.00.
D. HAZARDOUS MATERIALS OUT-OF-SERVICE VIOLATIONS
COMMON NAME OF OFFENSE SECTION VIOLATED PENALTY ASSESSMENT
Placarding violations 65-3-13 $250.00
Cargo tank not meeting
specifications 65-3-13 250.00
Internal valve operation
violations 65-3-13 250.00
Hazardous materials
packaging violations 65-3-13 250.00
Insecure load--hazardous
materials 65-3-13 250.00
Shipping papers violations 65-3-13 30.00
Shipment of forbidden
combination of hazardous
materials 65-3-13 250.00
No hazardous waste manifest 65-3-13 30.00
Bulk packaging marking
violations 65-3-13 30.00
Cargo tank marking violations 65-3-13 30.00."
Section 3. CONTINGENT EFFECTIVE DATE--NOTIFICATION.--The effective date of the provisions of this act is January 1, 2007, unless congress or the United States department of transportation delays the implementation of the federal Unified Carrier Registration Act of 2005. If implementation of that act is delayed, the effective date of the provisions of this act will be the date determined by the federal government. The public regulation commission shall notify the New Mexico compilation commission and the legislative council service if the effective date of this act is delayed and when this act becomes effective.
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