HOUSE BILL 485

51st legislature - STATE OF NEW MEXICO - first session, 2013

INTRODUCED BY

David M. Gallegos

AN ACT

RELATING TO MOTOR VEHICLES; PROVIDING A RESTRICTED COMMERCIAL DRIVER'S LICENSE FOR CERTAIN FARM-RELATED SERVICE INDUSTRIES.

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

     SECTION 1. A new section of the Motor Vehicle Code is enacted to read:

     "[NEW MATERIAL] RESTRICTED COMMERCIAL DRIVER'S LICENSE FOR CERTAIN FARM-RELATED SERVICE INDUSTRIES.--

          A. The division shall waive the required knowledge and skills tests pursuant to Section 66-5-60 NMSA 1978 and issue a restricted commercial driver's license to an employee of the following farm-related service industries:

                (1) agriculture-chemical businesses;

                (2) custom harvesters;

                (3) farm retail outlets and suppliers; and

                (4) livestock feeders.

          B. A restricted commercial driver's license issued pursuant to this section shall meet all the requirements of the New Mexico Commercial Driver's License Act, except for a knowledge and skills test. A restricted commercial driver's license issued pursuant to this section shall be accorded the same reciprocity as a commercial driver's license meeting all of the requirements of the New Mexico Commercial Driver's License Act. The restrictions imposed upon the issuance of the restricted commercial driver's license shall not limit a person's use of the restricted commercial driver's license in a noncommercial motor vehicle, nor shall the restricted commercial driver's license affect the division's authority to administer its driver licensing program for operators of vehicles other than commercial motor vehicles.

          C. The division shall restrict a commercial driver's license issued pursuant to this section as follows:

                (1) an applicant shall have a good driving record, as defined in this paragraph. Drivers who have not held a motor vehicle driver's license for at least one year shall not be eligible for the restricted commercial driver's license. Drivers who have been licensed between one and two years shall have a good driving record for their entire driving history. Drivers who have been licensed for more than two years shall have a good driving record for the two most recent years. For the purposes of this paragraph, "good driving record" means that an applicant:

                     (a) has not had more than one type of driver's license;

                     (b) has not had a license suspended, revoked or canceled;

                     (c) has not had a conviction, for any type of motor vehicle, for the disqualifying offenses contained in Section 66-5-68 NMSA 1978;

                     (d) has not had a conviction, for any type of motor vehicle, for a serious traffic violation; and

                     (e) has not had a conviction for a violation of state or local law relating to motor vehicle traffic control, other than a parking violation, arising in connection with any traffic accident and has no record of an accident in which the applicant was at fault;

                (2) a restricted commercial driver's license shall have the same renewal cycle as an unrestricted commercial driver's license and shall be limited to a seasonal period or periods as determined by the division; provided that the total number of calendar days in any twelve-month period for which the restricted commercial driver's license is valid does not exceed one hundred eighty days. If the division elects to provide for more than one seasonal period, the restricted commercial driver's license is valid for commercial motor vehicle operation only during the currently approved season and must be revalidated for each successive season. Only one seasonal period of validity may appear on the license document at a time. The good driving record must be confirmed prior to any renewal or revalidation;

                (3) the holder of a restricted commercial driver's license is limited to operating class B and class C vehicles, as described in Section 66-5-65 NMSA 1978;

                (4) a restricted commercial driver's license shall not be issued with any endorsements on the license document. Only the limited tank vehicle and hazardous materials endorsement privileges that the restricted commercial driver's license automatically confers and that are described in Paragraph (5) of this subsection are permitted;

                (5) a restricted commercial driver's license holder shall not drive a vehicle carrying any quantity of hazardous materials that require a placard on the vehicle, except for:

                     (a) diesel fuel in quantities of one thousand gallons or less;

                     (b) liquid fertilizers, such as plant nutrients, in vehicles or implements of husbandry in total quantities of three thousand gallons or less; and

                     (c) solid fertilizers, such as solid plant nutrients, that are not transported with any organic substance;

                (6) a restricted commercial driver's license holder shall not hold an unrestricted commercial driver's license at the same time; and

                (7) a restricted commercial driver's license holder shall not operate a commercial motor vehicle beyond one hundred fifty miles from the place of business or the farm currently being served.

          D. The department, by rule, may provide for the means of designating the commercial driver's license allowed by this section as a restricted commercial driver's license."

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