HB 419
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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. 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
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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 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
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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
66-3-1.1
$100.00
Failure to carry
identification card
65-1-26
50.00
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Failure to comply with
public regulation
commission rules and
regulations
65-2A-7
50.00
Failure to
carry single state
registration receipt issued
by a base state
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
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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
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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
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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
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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. HB 419
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