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AN ACT

RELATING TO MOTOR VEHICLES; REQUIRING DOMICILE IN NEW MEXICO

FOR A PERSON TO BE ISSUED A COMMERCIAL DRIVER'S LICENSE;

PROHIBITING MASKING OF TRAFFIC CONTROL LAW VIOLATIONS

COMMITTED BY THE HOLDER OF A COMMERCIAL DRIVER'S LICENSE;

RECONCILING MULTIPLE AMENDMENTS TO THE SAME SECTION OF LAW IN

LAWS 2005; AMENDING AND ENACTING SECTIONS OF THE NMSA 1978;

DECLARING AN EMERGENCY.

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

Section 1. Section 66-1-4.3 NMSA 1978 (being Laws 1990,

Chapter 120, Section 4, as amended) is amended to read:

"66-1-4.3. DEFINITIONS.--As used in the Motor Vehicle

Code:

A. "camping body" means a vehicle body primarily

designed or converted for use as temporary living quarters for

recreational, camping or travel activities;

B. "camping trailer" means a camping body, mounted

on a chassis, or frame with wheels, designed to be drawn by

another vehicle and that has collapsible partial side walls

that fold for towing and unfold at the campsite;

C. "cancellation" means that a driver's license is

annulled and terminated because of some error or defect or

because the licensee is no longer entitled to the license, but

cancellation of a license is without prejudice, and

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application for a new license may be made at any time after

cancellation;

D. "casual sale" means the sale of a motor vehicle

by the registered owner of the vehicle if the owner has not

sold more than four vehicles in that calendar year;

E. "chassis" means the complete motor vehicle,

including standard factory equipment, exclusive of the body

and cab;

F. "collector" means a person who is the owner of

one or more vehicles of historic or special interest who

collects, purchases, acquires, trades or disposes of these

vehicles or parts thereof for the person's own use in order to

preserve, restore and maintain a similar vehicle for hobby

purposes;

G. "combination" means any connected assemblage of

a motor vehicle and one or more semitrailers, trailers or

semitrailers converted to trailers by means of a converter

gear;

H. "combination gross vehicle weight" means the

sum total of the gross vehicle weights of all units of a

combination;

I. "commerce" means the transportation of persons,

property or merchandise for hire, compensation, profit or in

the furtherance of a commercial enterprise in this state or

between New Mexico and a place outside New Mexico, including a

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place outside the United States;

J. "commercial motor vehicle" means a

self-propelled or towed vehicle, other than special mobile

equipment, used on public highways in commerce to transport

passengers or property when the vehicle:

(1) is operated interstate and has a gross

vehicle weight rating or gross combination weight rating, or

gross vehicle weight or gross combination weight, of four

thousand five hundred thirty-six kilograms, or ten thousand

one pounds or more; or is operated only in intrastate commerce

and has a gross vehicle weight rating or gross combination

weight rating, or gross vehicle weight or gross combination

weight, of twenty-six thousand one or more pounds;

(2) is designed or used to transport more

than eight passengers, including the driver, and is used to

transport passengers for compensation;

(3) is designed or used to transport sixteen

or more passengers, including the driver, and is not used to

transport passengers for compensation; or

(4) is used to transport hazardous materials

of the type or quantity requiring placarding under rules

prescribed by applicable federal or state law;

K. "controlled-access highway" means every

highway, street or roadway in respect to which owners or

occupants of abutting lands and other persons have no legal

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right of access to or from the highway, street or roadway

except at those points only and in the manner as may be

determined by the public authority having jurisdiction over

the highway, street or roadway;

L. "controlled substance" means any substance

defined in Section 30-31-2 NMSA 1978 as a controlled

substance;

M. "converter gear" means any assemblage of one or

more axles with a fifth wheel mounted thereon, designed for

use in a combination to support the front end of a semitrailer

but not permanently attached thereto. A converter gear shall

not be considered a vehicle, as that term is defined in

Section 66-1-4.19 NMSA 1978, but weight attributable thereto

shall be included in declared gross weight;

N. "conviction" means:

(1) an unvacated adjudication of guilt, or a

determination that a person has violated or failed to comply

with the law by:

(a) a court of original jurisdiction;

or

(b) an authorized administrative

tribunal if the person who has violated the law or failed to

comply with the law holds a valid commercial driver's license;

(2) an unvacated forfeiture of bail or

collateral deposited to secure a person's appearance in court;

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(3) a plea of guilty or nolo contendere

accepted by the court;

(4) the payment of a fine or court cost;

(5) a violation of a condition of release

without bail, regardless of whether the payment is rebated,

suspended or probated; or

(6) an assignment to a diversion program or

a driver improvement school;

O. "crosswalk" means:

(1) that part of a roadway at an

intersection included within the connections of the lateral

lines of the sidewalks on opposite sides of the highway

measured from the curbs or, in the absence of curbs, from the

edges of the traversable roadway; and

(2) any portion of a roadway at an

intersection or elsewhere distinctly indicated for pedestrian

crossing by lines or other markings on the surface; and

P. "curb cut" means a short ramp through a curb or

built up to the curb."

Section 2. 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

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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. "salvage vehicle" means a vehicle:

(1) other than a nonrepairable vehicle, of a

type subject to registration that has been wrecked, destroyed

or damaged excluding, pursuant to rules issued by the

department, hail damage, to the extent that the owner, leasing

company, financial institution or the insurance company that

insured or is responsible for repair of the vehicle considers

it uneconomical to repair the vehicle and that is subsequently

not repaired by or for the person who owned the vehicle at the

time of the event resulting in damage; or

(2) that was determined to be uneconomical

to repair and for which a total loss payment is made by an

insurer, whether or not the vehicle is subsequently repaired,

if, prior to or upon making payment to the claimant, the

insurer obtained the agreement of the claimant to the amount

of the total loss settlement and informed the claimant that,

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pursuant to rules of the department, the title must be branded

and submitted to the department for issuance of a salvage

certificate of title for the vehicle;

D. "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

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 students; or

(3) operated as a per capita feeder as

defined in Section 22-16-6 NMSA 1978;

E. "seal" means the official seal of the taxation

and revenue department as designated by the secretary;

F. "secretary" means the secretary of taxation and

revenue, and, except for the purposes of Sections 66-2-3

and 66-2-12 NMSA 1978, also includes the deputy secretary and

any division director delegated by the secretary;

G. "semitrailer" means a vehicle without motive

power, other than a pole trailer, designed for carrying

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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;

H. "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;

I. "slow-moving vehicle" means a vehicle that is

ordinarily moved, operated or driven at a speed less than

twenty-five miles per hour;

J. "solid tire" means every tire of rubber or

other resilient material that does not depend upon compressed

air for the support of the load;

K. "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;

L. "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;

M. "state" means a state, territory or possession

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of the United States, the District of Columbia or any state of

the Republic of Mexico or the Federal District of Mexico or a

province of the Dominion of Canada;

N. "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;

O. "stop", when required, means complete cessation

from movement;

P. "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;

Q. "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;

R. "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 the person incapable of safely driving a motor

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vehicle, regardless of whether the person's sentence was

suspended or deferred; and

S. "suspension" means that a person's driver's

license and privilege to drive a motor vehicle on the public

highways are temporarily withdrawn."

Section 3. Section 66-5-4 NMSA 1978 (being Laws 1978,

Chapter 35, Section 226, as amended) is amended to read:

"66-5-4. PERSONS EXEMPT FROM LICENSURE.--The following

persons are exempt from licensure under the Motor Vehicle

Code:

A. military personnel while driving a motor

vehicle owned or leased by the United States department of

defense;

B. a person who is at least fifteen years of age

and who has in immediate possession a valid driver's license

issued to the person in the person's home state or country may

drive a motor vehicle in this state, except that the person

shall obtain a license upon becoming a resident and before the

person is employed for compensation by another for the purpose

of driving a motor vehicle;

C. a nonresident who is at least eighteen years of

age whose home state or country does not require the licensing

of drivers may drive a motor vehicle for a period of not more

than one hundred eighty days in any calendar year if the motor

vehicle driven is duly registered in the home state or country

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of the nonresident;

D. a driver of a farm tractor or implement of

husbandry temporarily drawn, moved or propelled on the

highway; and

E. a driver of an off-highway motorcycle."

Section 4. Section 66-5-54 NMSA 1978 (being Laws 1989,

Chapter 14, Section 3, as amended) is amended to read:

"66-5-54. DEFINITIONS.--As used in the New Mexico

Commercial Driver's License Act:

A. "commerce" means:

(1) trade, traffic or transportation within

the jurisdiction of the United States between a place in New

Mexico and a place outside of New Mexico, including a place

outside of the United States; and

(2) trade, traffic or transportation in the

United States that affects any trade, traffic or

transportation described in Paragraph (1) of this subsection;

B. "commercial driver's license information

system" means the information system created pursuant to the

federal Commercial Motor Vehicle Safety Act of 1986 that

contains information pertaining to operators of commercial

motor vehicles;

C. "commercial motor vehicle" means a motor

vehicle or combination of motor vehicles used in commerce to

transport passengers or property if the motor vehicle:

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(1) has a gross combination weight rating of

more than twenty-six thousand pounds inclusive of a towed unit

with a gross vehicle weight rating of more than ten thousand

pounds;

(2) has a gross vehicle weight rating of

more than twenty-six thousand pounds;

(3) is designed to transport sixteen or more

passengers, including the driver; or

(4) is of any size and is used in the

transportation of hazardous materials, which requires the

motor vehicle to be placarded under applicable law;

D. "director" means the director of the motor

vehicle division of the department;

E. "disqualification" means:

(1) a suspension, revocation or cancellation

of a commercial driver's license by the state or jurisdiction

that issued the commercial driver's license;

(2) a withdrawal of a person's privileges to

drive a commercial motor vehicle by a state or other

jurisdiction as the result of a violation of state or local

law relating to motor vehicle control other than a parking,

vehicle weight or vehicle defect violation; and

(3) a determination by the federal motor

carrier safety administration that a person is not qualified

to operate a motor vehicle;

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F. "division" means the motor vehicle division of

the department;

G. "driving a commercial motor vehicle while under

the influence of alcohol" means:

(1) driving a commercial motor vehicle while

the driver has an alcohol concentration in the driver's blood

or breath of four one hundredths or more;

(2) driving a commercial motor vehicle while

the driver is under the influence of intoxicating liquor; or

(3) refusal to submit to chemical tests

administered pursuant to Section 66-8-107 NMSA 1978;

H. "employee" means an operator of a commercial

motor vehicle, including full-time, regularly employed

drivers; casual, intermittent or occasional drivers; leased

drivers; and independent owner-operator contractors, while in

the course of operating a commercial motor vehicle, who is

either directly employed by or under lease to an employer;

I. "employer" means a person, including the United

States, a state and a political subdivision of a state or

their agencies or instrumentalities, that owns or leases a

commercial motor vehicle or assigns employees to operate such

a vehicle;

J. "fatality" means the death of a person as a

result of a motor vehicle accident;

K. "gross combination weight rating" means the

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value specified by the manufacturer as the loaded weight of a

combination vehicle. In the absence of a value specified by

the manufacturer, gross combination weight rating shall be

determined by adding the gross vehicle weight rating of the

power unit and the total weight of the towed unit or units and

any load thereon;

L. "gross vehicle weight rating" means the value

specified by the manufacturer as the loaded weight of a single

vehicle;

M. "imminent hazard" means a condition that

presents a substantial likelihood that death, serious illness,

severe personal injury or a substantial endangerment to

health, property or the environment will occur before the

reasonable foreseeable completion date of a formal proceeding

to lessen the risk of that death, illness, injury or

endangerment;

N. "noncommercial motor vehicle" means a motor

vehicle or combination of motor vehicles that is not a

commercial motor vehicle;

O. "nonresident commercial driver's license" means

a commercial driver's license issued by another state to a

person domiciled in that state or by a foreign country to a

person domiciled in that country;

P. "out-of-service order" means a declaration by

an authorized enforcement officer of a federal, state,

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Canadian, Mexican or local jurisdiction that a driver, a

commercial motor vehicle or a motor carrier operation is

temporarily prohibited from operating;

Q. "railroad-highway grade crossing violation"

means a violation of a provision of Section 66-7-341 or

66-7-343 NMSA 1978 or a violation of federal or local law or

rule pertaining to stopping at or crossing a railroad-highway

grade crossing;

R. "serious traffic violation" means conviction of

any of the following if committed when operating a motor

vehicle:

(1) speed of fifteen miles or more per hour

above the posted limits;

(2) reckless driving as defined by Section

66-8-113 NMSA 1978 or a municipal ordinance or the law of

another state;

(3) homicide by vehicle, as defined in

Section 66-8-101 NMSA 1978;

(4) injury to pregnant woman by vehicle as

defined in Section 66-8-101.1 NMSA 1978 or a municipal

ordinance or the law of another state;

(5) any other violation of law relating to

motor vehicle traffic control, other than a parking violation,

that the secretary determines by regulation to be a serious

traffic violation. "Serious traffic violation" does not

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include a vehicle weight or vehicle defect violation;

(6) improper or erratic lane changes in

violation of Section 66-7-317 NMSA 1978;

(7) following another vehicle too closely in

violation of Section 66-7-318 NMSA 1978;

(8) directly or indirectly causing death or

great bodily injury to a human being in the unlawful operation

of a motor vehicle in violation of Section 66-8-101 NMSA 1978;

(9) driving a commercial motor vehicle

without possession of a commercial driver's license in

violation of Section 66-5-59 NMSA 1978;

(10) driving a commercial motor vehicle

without the proper class of commercial driver's license and

endorsements pursuant to Section 66-5-65 NMSA 1978 and the

Motor Carrier Safety Act for the specific vehicle group

operated or for the passengers or type of cargo transported;

or

(11) driving a commercial motor vehicle

without obtaining a commercial driver's license in violation

of Section 66-5-59 NMSA 1978; and

S. "state of domicile" means the state in which a

person has a true, fixed and permanent home and principal

residence and to which the person has the intention of

returning whenever the person has been absent from that

state."

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Section 5. Section 66-5-60 NMSA 1978 (being Laws 1989,

Chapter 14, Section 9, as amended) is amended to read:

"66-5-60. COMMERCIAL DRIVER'S LICENSE--QUALIFICATIONS--

STANDARDS.--

A. The division shall not issue a commercial

driver's license to a person unless that person can establish

that New Mexico is the person's state of domicile and has

passed a knowledge and skills test for driving a commercial

motor vehicle and for related endorsements, has passed a

medical fitness test and has satisfied any other requirements

of the New Mexico Commercial Driver's License Act.

B. The division may authorize a person, including

an agency of this or another state, an employer, a private

driver-training facility or other private institution or a

department, agency or instrumentality of local government to

administer the skills test specified by this section.

C. The director may waive the requirement of any

test specified in this section for a commercial driver's

license applicant who complies with the other provisions of

the New Mexico Commercial Driver's License Act through any

pertinent rules, regulations or contractual agreements with

the public education department, other governments or private

entities.

D. A commercial driver's license applicant shall

not take a test specified in this section more than three

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times within one year.

E. If the department determines that a commercial

driver's license applicant has committed an offense in taking

a test specified in this section, the division shall not issue

a commercial driver's license to that applicant within one

year of the department's determination."

Section 6. Section 66-5-65 NMSA 1978 (being Laws 1989,

Chapter 14, Section 14, as amended) is amended to read:

"66-5-65. CLASSIFICATIONS--ENDORSEMENTS--

RESTRICTIONS.--

A. Commercial driver's licenses may be issued with

the classifications, endorsements and restrictions enumerated

in Subsections B, C and D of this section, provided that the

applicant has passed the knowledge and skills test required by

the department. The holder of a valid commercial driver's

license may drive all vehicles in the class for which that

license is issued and all lesser classes of vehicles except

motorcycles and vehicles that require an endorsement, unless

the proper endorsement appears on the license.

B. The following classifications shall apply to

commercial driver's licenses:

(1) class A - any combination of vehicles

with a gross combination weight rating of more than twenty-six

thousand pounds, if the gross vehicle weight rating of the

vehicle or vehicles being towed is in excess of ten thousand

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pounds;

(2) class B - any single vehicle with a

gross vehicle weight rating of more than twenty-six thousand

pounds and any such vehicle towing a vehicle with a gross

vehicle weight rating of ten thousand pounds or less; and

(3) class C - any single vehicle or

combination of vehicles that does not meet either the

definition of Paragraph (1) or (2) of this subsection but is:

(a) designed to transport sixteen or

more passengers, including the driver; or

(b) used in the transportation of

hazardous materials, which requires the vehicle to be

placarded under applicable law.

C. The secretary, by regulation, may provide for

classifications in addition to those set forth in Subsection B

of this section.

D. The following endorsements and restrictions

shall apply to commercial driver's licenses:

(1) "H" - authorizes driving a vehicle

transporting hazardous material;

(2) "L" - restricts the driver to vehicles

not equipped with airbrakes;

(3) "T" - authorizes driving a vehicle

towing more than one trailer;

(4) "P" - authorizes driving vehicles, other

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than school buses, carrying passengers;

(5) "N" - authorizes driving tank vehicles;

(6) "X" - represents a combination of the

hazardous material ("H") and tank vehicle ("N") endorsements;

(7) "S" - authorizes driving a school bus;

and

(8) "K" - restricts the driver to driving a

commercial motor vehicle in intrastate commerce only.

E. The department shall require an applicant

requesting a hazardous material ("H") endorsement to be

subject to a background check pursuant to the federal Uniting

and Strengthening America by Providing Appropriate Tools

Required to Intercept and Obstruct Terrorism Act of 2001.

Information received pursuant to a background check required

by the federal transportation security administration of the

department of homeland security shall be kept confidential and

shall be released only to the subject of the background check

and the division. Fees charged for the background check shall

be borne by the subject of the background check or by the

employer."

Section 7. Section 66-5-67 NMSA 1978 (being Laws 1989,

Chapter 14, Section 16, as amended) is amended to read:

"66-5-67. EXPIRATION AND RENEWAL--STAGGERED LICENSING

DURING IMPLEMENTATION PERIOD.--

A. Except as provided in Subsections C and E of

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this section, a commercial driver's license issued pursuant to

the provisions of the New Mexico Commercial Driver's License

Act shall expire thirty days after the applicant's birthday in

the fourth year after the effective date of the license.

B. The license is renewable within ninety days

prior to its expiration or at an earlier date as approved by

the secretary.

C. At the option of an applicant, a commercial

driver's license may be issued for a period of eight years,

provided that the applicant:

(1) pays the amount required for a

commercial driver's license issued for a term of eight years;

(2) otherwise qualifies for a four-year

commercial driver's license; and

(3) will not reach the age of seventy-five

during the last four years of the eight-year license period.

D. A driver's license issued pursuant to the

provisions of Subsection C of this section shall expire thirty

days after the applicant's birthday in the eighth year after

the effective date of the license.

E. A commercial driver's license with a hazardous

material endorsement shall expire:

(1) for an applicant transferring a

commercial driver's license with the hazardous material

endorsement, four years from the date of the last background

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check and testing for the hazardous material endorsement; or

(2) for an applicant adding endorsements or

other changes to the commercial driver's license, no later

than the expiration date of the commercial driver's license

originally issued with the hazardous material endorsement."

Section 8. Section 66-5-68 NMSA 1978 (being Laws 1989,

Chapter 14, Section 17, as amended by Laws 2005, Chapter 310,

Section 3 and by Laws 2005, Chapter 312, Section 7) is amended

to read:

"66-5-68. DISQUALIFICATION.--

A. The department shall disqualify a person from

driving a commercial motor vehicle for at least thirty days if

the federal motor carrier safety administration reports to the

division that the person poses an imminent hazard.

B. The department shall disqualify a person who

holds a commercial driver's license from driving a commercial

motor vehicle for a period of not less than one year, which

shall run concurrently with any revocation or suspension

action for the same offense, if the person:

(1) refuses to submit to a chemical test

when requested pursuant to the provisions of the Implied

Consent Act;

(2) is twenty-one years of age or more and

submits to chemical testing pursuant to the Implied Consent

Act and the test results indicate an alcohol concentration of

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eight one hundredths or more;

(3) submits to chemical testing pursuant to

the Implied Consent Act and the test results indicate an

alcohol concentration of four one hundredths or more if the

person is driving a commercial motor vehicle;

(4) is less than twenty-one years of age and

submits to chemical testing pursuant to the Implied Consent

Act and the test results indicate an alcohol concentration of

two one hundredths or more; or

(5) is convicted of a violation of:

(a) driving a motor vehicle while under

the influence of intoxicating liquor or drugs in violation of

Section 66-8-102 NMSA 1978, an ordinance of a municipality of

this state or the law of another state;

(b) leaving the scene of an accident

involving a commercial motor vehicle driven by the person in

violation of Section 66-7-201 NMSA 1978 or an ordinance of a

municipality of this state or the law of another state;

(c) using a motor vehicle in the

commission of a felony;

(d) driving a commercial motor vehicle

after the driver's commercial driver's license is revoked,

suspended, disqualified or canceled for violations while

operating a commercial motor vehicle; or

(e) causing a fatality in the unlawful

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operation of a motor vehicle pursuant to Section 66-8-101 NMSA

1978.

C. The department shall disqualify a person from

driving a commercial motor vehicle for a period of not less

than three years if any of the violations specified in

Subsection B of this section occur while transporting a

hazardous material required to be placarded.

D. The department shall disqualify a person from

driving a commercial motor vehicle for life if convicted of

two or more violations of any of the offenses specified in

Subsection B of this section, or any combination of those

offenses, arising from two or more separate incidents, but the

secretary may issue regulations establishing guidelines,

including conditions, under which a disqualification for life

under this subsection may be reduced to a period of not less

than ten years. This subsection applies only to those

offenses committed after July 1, 1989.

E. The department shall disqualify a person from

driving a commercial motor vehicle for life if the person uses

a commercial motor vehicle in the commission of any felony

involving the manufacture, distribution or dispensing of a

controlled substance or the possession with intent to

manufacture, distribute or dispense a controlled substance.

F. The department shall disqualify a person from

driving a commercial motor vehicle for a period of not less

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than sixty days if convicted of two serious traffic violations

or one hundred twenty days if convicted of three serious

traffic violations, if the violations were committed while

driving a commercial motor vehicle, arising from separate

incidents occurring within a three-year period.

G. The department shall disqualify a person from

driving a commercial motor vehicle for a period of not less

than one hundred eighty days nor more than two years if the

person is convicted of a first violation of an out-of-service

order while transporting hazardous materials required to be

placarded pursuant to the federal Hazardous Materials

Transportation Act or while operating a motor vehicle designed

to transport more than fifteen passengers, including the

driver. The department shall disqualify a person from driving

a commercial motor vehicle for a period of not less than three

years nor more than five years if, during any ten-year period,

the person is convicted of any subsequent violations of out-

of-service orders, in separate incidents, while transporting

hazardous materials required to be placarded pursuant to that

act or while operating a motor vehicle designed to transport

more than fifteen passengers, including the driver.

H. The department shall disqualify a person from

driving a commercial motor vehicle for sixty days if:

(1) the person has been convicted of two

serious traffic violations in separate incidents within a

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three-year period; and

(2) the second conviction results in

revocation, cancellation or suspension of the person's

commercial driver's license or noncommercial motor vehicle

driving privileges for sixty days.

I. The department shall disqualify a person from

driving a commercial motor vehicle for one hundred twenty

days, in addition to any other period of disqualification, if:

(1) the person has been convicted of more

than two serious traffic violations within a three-year

period; and

(2) the third or a subsequent conviction

results in the revocation, cancellation or suspension of the

person's commercial driver's license or noncommercial motor

vehicle driving privileges.

J. When a person is disqualified from driving a

commercial motor vehicle, any commercial driver's license held

by that person is invalidated without separate proceeding of

any kind and the driver is not eligible to apply for a

commercial driver's license until the period of time for which

the driver was disqualified has elapsed.

K. The department shall disqualify a person from

driving a commercial motor vehicle for not less than:

(1) sixty days if the person is convicted of

a first violation of a railroad-highway grade crossing

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violation;

(2) one hundred twenty days if, during any

three-year period, the person is convicted of a second

railroad-highway grade crossing violation in a separate

incident; and

(3) one year if, during any three-year

period, the person is convicted of a third or subsequent

railroad-highway grade crossing violation in a separate

incident.

L. After disqualifying, suspending, revoking or

canceling a commercial driver's license, the department shall,

within ten days, update its records to reflect that action.

After disqualifying, suspending, revoking or canceling a

nonresident commercial driver's privileges, the department

shall, within ten days, notify the licensing authority of the

state that issued the commercial driver's license.

M. When disqualifying, suspending, revoking or

canceling a commercial driver's license, the department shall

treat a conviction received in another state in the same

manner as if it was received in this state.

N. The department shall post and enforce any

disqualification sent by the federal motor carrier safety

administration to the department that indicates that a

commercial motor vehicle driver poses an imminent hazard.

O. The transportation security administration of

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the department of homeland security shall provide for an

appeal of a disqualification for a commercial driver's license

hazardous materials endorsement on the basis of a background

check, and the department shall provide to a hazardous

materials applicant a copy of the procedures established by

the transportation security administration, on request, at the

time of application.

P. New Mexico shall conform to the federal

transportation security administration of the department of

homeland security rules and shall "look back" or review a

maximum of seven years for a background check."

Section 9. A new section of the New Mexico Commercial

Driver's License Act is enacted to read:

"VIOLATION CONVICTIONS--ACTIONS TO MASK, DEFER OR

DIVERT--PROHIBITED.--

A. A person shall take no action to prevent a

conviction of a traffic control law violation from appearing

on the driving record of a commercial driver's license holder,

regardless of the vehicle or state in which the violation

occurred, including:

(1) masking or deferring imposition of a

judgment of a traffic control law violation committed by a

holder of a commercial driver's license; or

(2) allowing a holder of a commercial

driver's license to enter a diversion program upon conviction

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of a traffic control law violation.

B. As used in this section, "traffic control law

violation" does not include a parking violation."

Section 10. Section 66-8-102 NMSA 1978 (being Laws

1953, Chapter 139, Section 54, as amended by Laws 2005,

Chapter 241, Section 5 and by Laws 2005, Chapter 269, Section

5) is amended to read:

"66-8-102. PERSONS UNDER THE INFLUENCE OF INTOXICATING

LIQUOR OR DRUGS--AGGRAVATED DRIVING WHILE UNDER THE INFLUENCE

OF INTOXICATING LIQUOR OR DRUGS--PENALTY.--

A. It is unlawful for a person who is under the

influence of intoxicating liquor to drive a vehicle within

this state.

B. It is unlawful for a person who is under the

influence of any drug to a degree that renders the person

incapable of safely driving a vehicle to drive a vehicle

within this state.

C. It is unlawful for:

(1) a person who has an alcohol

concentration of eight one hundredths or more in the person's

blood or breath to drive a vehicle within this state; or

(2) a person who has an alcohol

concentration of four one hundredths or more in the person's

blood or breath to drive a commercial motor vehicle within

this state.

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D. Aggravated driving while under the influence of

intoxicating liquor or drugs consists of a person who:

(1) has an alcohol concentration of sixteen

one hundredths or more in the person's blood or breath while

driving a vehicle within this state;

(2) has caused bodily injury to a human

being as a result of the unlawful operation of a motor vehicle

while driving under the influence of intoxicating liquor or

drugs; or

(3) refused to submit to chemical testing,

as provided for in the Implied Consent Act, and in the

judgment of the court, based upon evidence of intoxication

presented to the court, was under the influence of

intoxicating liquor or drugs.

E. A person under first conviction pursuant to

this section shall be punished, notwithstanding the provisions

of Section 31-18-13 NMSA 1978, by imprisonment for not more

than ninety days or by a fine of not more than five hundred

dollars ($500), or both; provided that if the sentence is

suspended in whole or in part or deferred, the period of

probation may extend beyond ninety days but shall not exceed

one year. Upon a first conviction pursuant to this section,

an offender shall be sentenced to not less than twenty-four

hours and not more than forty-eight hours of community

service. In addition, the offender may be required to pay a

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fine of three hundred dollars ($300). The offender shall be

ordered by the court to participate in and complete a

screening program described in Subsection K of this section

and to attend a driver rehabilitation program for alcohol or

drugs, also known as a "DWI school", approved by the bureau

and also may be required to participate in other

rehabilitative services as the court shall determine to be

necessary. In addition to those penalties, when an offender

commits aggravated driving while under the influence of

intoxicating liquor or drugs, the offender shall be sentenced

to not less than forty-eight consecutive hours in jail. If an

offender fails to complete, within a time specified by the

court, any community service, screening program, treatment

program or DWI school ordered by the court or fails to comply

with any other condition of probation, the offender shall be

sentenced to not less than an additional forty-eight

consecutive hours in jail. Any jail sentence imposed pursuant

to this subsection for failure to complete, within a time

specified by the court, any community service, screening

program, treatment program or DWI school ordered by the court

or for aggravated driving while under the influence of

intoxicating liquor or drugs shall not be suspended, deferred

or taken under advisement. On a first conviction pursuant to

this section, any time spent in jail for the offense prior to

the conviction for that offense shall be credited to any term

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of imprisonment fixed by the court. A deferred sentence

pursuant to this subsection shall be considered a first

conviction for the purpose of determining subsequent

convictions.

F. A second or third conviction pursuant to this

section shall be punished, notwithstanding the provisions of

Section 31-18-13 NMSA 1978, by imprisonment for not more than

three hundred sixty-four days or by a fine of not more than

one thousand dollars ($1,000), or both; provided that if the

sentence is suspended in whole or in part, the period of

probation may extend beyond one year but shall not exceed five

years. Notwithstanding any provision of law to the contrary

for suspension or deferment of execution of a sentence:

(1) upon a second conviction, an offender

shall be sentenced to a jail term of not less than ninety-six

consecutive hours, forty-eight hours of community service and

a fine of five hundred dollars ($500). In addition to those

penalties, when an offender commits aggravated driving while

under the influence of intoxicating liquor or drugs, the

offender shall be sentenced to a jail term of not less than

ninety-six consecutive hours. If an offender fails to

complete, within a time specified by the court, any community

service, screening program or treatment program ordered by the

court, the offender shall be sentenced to not less than an

additional seven consecutive days in jail. A penalty imposed

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pursuant to this paragraph shall not be suspended or deferred

or taken under advisement; and

(2) upon a third conviction, an offender

shall be sentenced to a jail term of not less than thirty

consecutive days, ninety-six hours of community service and a

fine of seven hundred fifty dollars ($750). In addition to

those penalties, when an offender commits aggravated driving

while under the influence of intoxicating liquor or drugs, the

offender shall be sentenced to a jail term of not less than

sixty consecutive days. If an offender fails to complete,

within a time specified by the court, any community service,

screening program or treatment program ordered by the court,

the offender shall be sentenced to not less than an additional

sixty consecutive days in jail. A penalty imposed pursuant to

this paragraph shall not be suspended or deferred or taken

under advisement.

G. Upon a fourth conviction pursuant to this

section, an offender is guilty of a fourth degree felony and,

notwithstanding the provisions of Section 31-18-15 NMSA 1978,

shall be sentenced to a term of imprisonment of eighteen

months, six months of which shall not be suspended, deferred

or taken under advisement.

H. Upon a fifth conviction pursuant to this

section, an offender is guilty of a fourth degree felony and,

notwithstanding the provisions of Section 31-18-15 NMSA 1978,

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shall be sentenced to a term of imprisonment of two years, one

year of which shall not be suspended, deferred or taken under

advisement.

I. Upon a sixth conviction pursuant to this

section, an offender is guilty of a third degree felony and,

notwithstanding the provisions of Section 31-18-15 NMSA 1978,

shall be sentenced to a term of imprisonment of thirty months,

eighteen months of which shall not be suspended, deferred or

taken under advisement.

J. Upon a seventh or subsequent conviction

pursuant to this section, an offender is guilty of a third

degree felony and, notwithstanding the provisions of Section

31-18-15 NMSA 1978, shall be sentenced to a term of

imprisonment of three years, two years of which shall not be

suspended, deferred or taken under advisement.

K. Upon any conviction pursuant to this section,

an offender shall be required to participate in and complete,

within a time specified by the court, an alcohol or drug abuse

screening program approved by the department of finance and

administration and, if necessary, a treatment program approved

by the court. The requirement imposed pursuant to this

subsection shall not be suspended, deferred or taken under

advisement.

L. Upon a second or third conviction pursuant to

this section, an offender shall be required to participate in

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and complete, within a time specified by the court:

(1) not less than a twenty-eight-day

inpatient, residential or in-custody substance abuse treatment

program approved by the court;

(2) not less than a ninety-day outpatient

treatment program approved by the court;

(3) a drug court program approved by the

court; or

(4) any other substance abuse treatment

program approved by the court.

The requirement imposed pursuant to this subsection

shall not be suspended, deferred or taken under advisement.

M. Upon a felony conviction pursuant to this

section, the corrections department shall provide substance

abuse counseling and treatment to the offender in its custody.

While the offender is on probation or parole under its

supervision, the corrections department shall also provide

substance abuse counseling and treatment to the offender or

shall require the offender to obtain substance abuse

counseling and treatment.

N. Upon a conviction pursuant to this section, an

offender shall be required to obtain an ignition interlock

license and have an ignition interlock device installed and

operating on all motor vehicles driven by the offender,

pursuant to rules adopted by the bureau. Unless determined by

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the sentencing court to be indigent, the offender shall pay

all costs associated with having an ignition interlock device

installed on the appropriate motor vehicles. The offender

shall operate only those vehicles equipped with ignition

interlock devices for:

(1) a period of one year, for a first

offender;

(2) a period of two years, for a second

conviction pursuant to this section;

(3) a period of three years, for a third

conviction pursuant to this section; or

(4) the remainder of the offender's life,

for a fourth or subsequent conviction pursuant to this

section.

O. Five years from the date of conviction and

every five years thereafter, a fourth or subsequent offender

may apply to a district court for removal of the ignition

interlock device requirement provided in this section and for

restoration of a driver's license. A district court may, for

good cause shown, remove the ignition interlock device

requirement and order restoration of the license; provided

that the offender has not been subsequently convicted of

driving a motor vehicle while under the influence of

intoxicating liquor or drugs. Good cause may include an

alcohol screening and proof from the interlock vendor that the

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person has not had violations of the interlock device.

P. In the case of a first, second or third offense

under this section, the magistrate court has concurrent

jurisdiction with district courts to try the offender.

Q. A conviction pursuant to a municipal or county

ordinance in New Mexico or a law of any other jurisdiction,

territory or possession of the United States or of a tribe,

when that ordinance or law is equivalent to New Mexico law for

driving while under the influence of intoxicating liquor or

drugs, and prescribes penalties for driving while under the

influence of intoxicating liquor or drugs, shall be deemed to

be a conviction pursuant to this section for purposes of

determining whether a conviction is a second or subsequent

conviction.

R. In addition to any other fine or fee that may

be imposed pursuant to the conviction or other disposition of

the offense under this section, the court may order the

offender to pay the costs of any court-ordered screening and

treatment programs.

S. With respect to this section and

notwithstanding any provision of law to the contrary, if an

offender's sentence was suspended or deferred in whole or in

part and the offender violates any condition of probation, the

court may impose any sentence that the court could have

originally imposed and credit shall not be given for time

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served by the offender on probation.

T. As used in this section:

(1) "bodily injury" means an injury to a

person that is not likely to cause death or great bodily harm

to the person, but does cause painful temporary disfigurement

or temporary loss or impairment of the functions of any member

or organ of the person's body; and

(2) "commercial motor vehicle" means a motor

vehicle or combination of motor vehicles used in commerce to

transport passengers or property if the motor vehicle:

(a) has a gross combination weight

rating of more than twenty-six thousand pounds inclusive of a

towed unit with a gross vehicle weight rating of more than ten

thousand pounds;

(b) has a gross vehicle weight rating

of more than twenty-six thousand pounds;

(c) is designed to transport sixteen or

more passengers, including the driver; or

(d) is of any size and is used in the

transportation of hazardous materials, which requires the

motor vehicle to be placarded under applicable law."

Section 11. Section 66-8-135 NMSA 1978 (being Laws

1978, Chapter 35, Section 543, as amended) is amended to read:

"66-8-135. RECORD OF TRAFFIC CASES.--

A. Every trial court judge shall keep a record of

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every traffic complaint, uniform traffic citation and other

form of traffic charge filed in the judge's court or its

traffic violations bureau and every official action and

disposition of the charge by that court.

B. Within ten days of the later of entry of

judgment and sentence or failure to appear on a charge of

violating the Motor Vehicle Code or other law or ordinance

relating to motor vehicles or the final decision of any higher

court that reviews the matter and from which no appeal or

review is successfully taken, every trial court judge,

including children's court judges, or the clerk of the court

in which the entry of judgment and sentence or failure to

appear occurred shall prepare and forward to the department an

abstract of the record containing:

(1) the name and address of the defendant;

(2) the specific section number and common

name of the provision of the NMSA 1978 or local law, ordinance

or regulation under which the defendant was tried;

(3) the plea, finding of the court and

disposition of the charge, including fine or jail sentence or

both, forfeiture of bail or dismissal of the charge;

(4) an itemization of costs assessed to the

defendant;

(5) the date of the hearing;

(6) the court's name and address;

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(7) whether the defendant was a first or

subsequent offender; and

(8) whether the defendant was represented by

counsel or waived the right to counsel and, if represented,

the name and address of counsel.

C. The abstract of record prepared and forwarded

under Subsection B of this section shall be certified as

correct by the person required to prepare it. With the prior

approval of the department, the information required by

Subsection B of this section may be transmitted electronically

to the department. Report need not be made of any disposition

of a charge of illegal parking or standing of a vehicle except

when the uniform traffic citation is used.

D. When the uniform traffic citation is used, the

court shall provide the information required by Subsection B

of this section in the manner prescribed by the department.

E. Every court of record shall also forward a like

report to the department upon conviction of any person of any

felony if a motor vehicle was used in the commission. With

the prior approval of the department, the information required

by this subsection may be submitted electronically to the

department. The report shall be forwarded to the department

within ten days of the final decision of the court or of any

higher court that reviews the matter and from which the

decision of no appeal or review is successfully taken.

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F. The failure or refusal of any judicial officer

to comply with this section is misconduct in office and

grounds for removal.

G. Except as set forth in Subsection H of this

section for records of a person holding a commercial driver's

license, the department shall keep records received on

motorists licensed in this state at its main office. Records

showing a record of conviction by a court of law shall be open

to public inspection during business hours for three years

from the date of their receipt, after which they shall be

destroyed by the department except for records of convictions

under Sections 66-8-101 through 66-8-112 NMSA 1978, which may

not be destroyed until fifty-five years from the date of their

receipt. Any record received on a motorist licensed in

another state or country shall be forwarded to the licensing

authority of that state or country.

H. The department shall keep records received on a

person holding a commercial driver's license in its main

office. Records showing a record of conviction by a court of

law shall be open to public inspection during business hours

for fifty-five years from the date of their receipt. Any

record received on a person holding a commercial driver's

license licensed in another state or country shall be

forwarded to the licensing authority of that state or

country."

Section 12. EMERGENCY.--It is necessary for the public

peace, health and safety that this act take effect

immediately.

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