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committees of the NM Legislature. The LFC does not assume responsibility for the accuracy of these reports
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F I S C A L I M P A C T R E P O R T
SPONSOR Vigil
ORIGINAL DATE
LAST UPDATED
2/17/07
3/10/07 HB 701/aSPAC
SHORT TITLE Commercial Driver’s License Test Limits
SB
ANALYST Earnest
APPROPRIATION (dollars in thousands)
Appropriation
Recurring
or Non-Rec
Fund
Affected
FY07
FY08
NFI
NFI
(Parenthesis ( ) Indicate Expenditure Decreases)
SOURCES OF INFORMATION
LFC Files
Taxation and Revenue Department (TRD)
Responses Received From
Taxation and Revenue Department (TRD)
SUMMARY
Synopsis of SPAC Amendment
The Senate Public Affairs Committee (SPAC) amendment reduces the number of times an
applicant may take a commercial drivers’ license test to three times in a three-month period. If
the applicant fails on the third attempt, the applicant would not be allowed to take the test again
for one year.
Synopsis of Bill
House Bill 701 would increase the number of times a commercial driver’s license (CDL)
applicant may take the knowledge and skills tests required for a CDL. The provisions of the bill
would allow the applicant 6 attempts to pass the test in a six month period. If the applicant fails
on the sixth attempt they would not be allowed to take the test again for one year. The current
statute allows 3 attempts a year within one year.
FISCAL IMPLICATIONS
None identified.
pg_0002
House Bill 701 – Page
2
SIGNIFICANT ISSUES
According to TRD, the current statute was instituted as the result of serious concerns expressed
by federal regulators. When this provision was put into law the Federal Motor Carrier Safety
Administration (FMCSA) complimented NM on its efforts. Although it is not a federal mandate,
FMCSA discourages states from allowing applicants to continually retest until they pass. The
CDL should be issued to applicants who have demonstrated the ability to drive. Removing this
provision would be considered a step backwards in the state’s attempt to comply with FMCSA.
BE/mt