SB0486

SENATE BILL 486

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

INTRODUCED BY

Lisa A. Torraco

AN ACT

RELATING TO MOTOR TRANSPORTATION; CHANGING TERMS IN THE MOTOR TRANSPORTATION ACT FOR CONSISTENCY WITH FEDERAL LAW; CORRECTING STATUTORY CITATIONS; PROVIDING FOR RULEMAKING TO SET MINIMUM LEVELS OF FINANCIAL RESPONSIBILITY; PROVIDING AUTHORITY TO IMPOSE CERTAIN PENALTY ASSESSMENT MISDEMEANORS; CHANGING THE DEFINITION OF "SPECIAL MOBILE EQUIPMENT" IN THE MOTOR VEHICLE CODE; EXPANDING THE DEFINITION OF "COMMERCE" IN THE NEW MEXICO COMMERCIAL DRIVER'S LICENSE ACT; REORGANIZING CERTAIN MOTOR TRANSPORTATION ACT PENALTY ASSESSMENT MISDEMEANORS; ALLOWING CERTAIN LAW ENFORCEMENT OFFICERS TO MAKE WARRANTLESS ARRESTS; AMENDING AND ENACTING SECTIONS OF THE NMSA 1978.

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

SECTION 1. Section 65-1-2 NMSA 1978 (being Laws 1978, Chapter 19, Section 1, as amended) is amended to read:

"65-1-2. DEFINITIONS.--As used in the Motor Transportation Act:

A. "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;

B. "combination gross vehicle weight" means the sum total of the gross vehicle weights of all units of a combination;

C. "commercial motor [carrier] 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 more than fifteen 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;

D. "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 used in Chapter 66 NMSA 1978, but its weight [attributable thereto] shall be included in declared gross weight;

E. "declared gross weight" means maximum gross vehicle weight or combination gross vehicle weight at which a vehicle or combination will be operated during the registration period as declared by the registrant for registration and fee purposes. The vehicle or combination shall have only one "declared gross weight" for all operating considerations;

F. "department", without modification, means the department of public safety, the secretary of public safety or any employee of the department exercising authority lawfully delegated to that employee by the secretary;

G. "director" means the [secretary] director of the division;

H. "division" means the motor transportation division of the department;

I. "evidence of registration" means documentation issued by the taxation and revenue department identifying a commercial motor [carrier] vehicle as being registered with New Mexico or documentation issued by another state pursuant to the terms of a multistate agreement on registration of vehicles to which this state is a party identifying a commercial motor [carrier] vehicle as being registered with that state; provided that evidence of payment of the weight distance tax and permits obtained under either the Special Fuels Supplier Tax Act or Trip Tax Act are not "evidence of registration";

J. "field enforcement" or "in the field" means patrolling of the highway, stopping of commercial motor [carrier] vehicles or establishing ports of entry, temporary inspection sites and roadblocks for the purpose of checking motor carriers and includes similar activities;

K. "freight trailer" means any trailer, semitrailer or pole trailer drawn by a truck tractor or road tractor and any trailer, semitrailer or pole trailer drawn by a truck that has a gross vehicle weight of more than twenty-six thousand pounds, but the term does not include house trailers, trailers of less than one-ton carrying capacity used to transport animals or fertilizer trailers of less than three thousand five hundred pounds empty weight;

L. "gross combination weight rating", commonly referred to as "GCWR", means the value specified by the manufacturer as the loaded weight of a combination or articulated motor vehicle. In the absence of a value specified by the manufacturer, the 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 and any weight thereon;

[L.] M. "gross vehicle weight", means the weight of a vehicle without load plus the weight of any load thereon; N. "gross vehicle weight rating" means the value specified by the manufacturer as the loaded weight of a single motor vehicle;

[M.] O. "motor carrier" means any person that owns, controls, operates or manages any motor vehicle [with gross vehicle weight of twelve thousand pounds or more] that is used to transport persons or property on the public highways of this state as a for-hire motor carrier or a private motor carrier. "Motor carrier" includes a motor carrier's agents; officers; representatives; employees responsible for hiring, supervising, training, assigning or dispatching drivers; and employees concerned with the installation, inspection and maintenance of motor vehicle equipment or accessories;

[N.] P. "motor vehicle" means any vehicle or device that is propelled by an internal combustion engine or electric motor power that is used or may be used on the public highways for the purpose of transporting persons or property and includes any connected trailer or semitrailer;

[O.] Q. "one-way rental fleet" means two or more vehicles each having a gross vehicle weight of under twenty-six thousand one pounds and rented to the public without a driver;

[P.] R. "person" means any individual, estate, trust, receiver, cooperative association, club, corporation, company, firm, partnership, joint venture, syndicate or other association; "person" also means, to the extent permitted by law, any federal, state or other governmental unit or subdivision or an agency, department or instrumentality [thereof]; "person" also includes an officer or employee of a corporation, a member or employee of a partnership or any individual who, as such, is under a duty to perform any act in respect of which a violation occurs;

[Q.] S. "properly registered" means bearing the lawfully issued and currently valid evidence of registration of this or another jurisdiction, regardless of the owner's residence, except in those cases where the evidence has been procured by misrepresentation or fraud;

[R.] T. "public highway" means every 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;

U. "seating capacity" means the number of designated seating positions provided by the manufacturer;

[S.] V. "secretary" means the secretary of public safety and, except for the purposes of Section 65-1-33 NMSA 1978, also includes [the] a deputy secretary and any division director delegated by the secretary;

[T.] W. "state" or "jurisdiction" means a state, territory or possession of the United States, the District of Columbia, the commonwealth of Puerto Rico, a foreign country or a state or province of a foreign country; and

[U.] X. "utility trailer" means any trailer, semitrailer or pole trailer and includes house trailers that exceed neither eight feet in width nor forty feet in length, but does not include freight trailers, trailers of less than one-ton carrying capacity used to transport animals or fertilizer trailers of less than three thousand five hundred pounds empty weight."

SECTION 2. Section 65-1-9 NMSA 1978 (being Laws 1967, Chapter 97, Section 11, as amended) is amended to read:

"65-1-9. DEPARTMENT TO ENFORCE LAWS.--The department shall enforce and collect all excise taxes, license fees and other fees and charges of every nature and perform all inspections and collect all information considered necessary to enforce the laws of all departments, commissions and other agencies of state government, in addition to those specifically assigned to the department, whenever the department is so requested and agrees and the agreement is in writing containing all reasonable detail concerning the responsibilities of the parties to the agreement. The department shall also assist, as far as practicable and in accordance with a proper written agreement, in the enforcement of statutory, administrative and judicial provisions of the [federal] Motor Carrier Act."

SECTION 3. Section 65-1-26 NMSA 1978 (being Laws 1967, Chapter 97, Section 16, as amended) is amended to read:

"65-1-26. DOCUMENTS--REQUIRED IN EACH COMMERCIAL MOTOR [CARRIER] VEHICLE--DETENTION OF VEHICLES.--

A. A commercial motor [carrier] vehicle operated on a New Mexico public highway by a motor carrier required to be registered with the department shall have in it at all times:

(1) proof of payment of the trip tax; or

(2) both evidence of registration and a tax identification permit issued by the department.

B. The driver of the vehicle shall be able to display either proof of payment of the trip tax or both the evidence of registration and the tax identification permit upon request by any law enforcement officer or any employee of the department.

C. Upon failure of the driver to display either proof of payment of the trip tax or evidence of registration, it shall be presumed that the vehicle is subject to registration under the laws of New Mexico unless it can be demonstrated that the vehicle is exempt from registration requirements of the Motor Vehicle Code. A vehicle presumed subject to registration may be detained until registration, including payment of all required fees, is completed.

D. Upon failure of the driver to display either proof of payment of the trip tax or a tax identification permit issued by the department, the trip tax shall be presumed due. A vehicle presumed subject to the trip tax may be detained until the trip tax is paid.

E. A commercial motor [carrier] vehicle subject to and not in compliance with the weight distance requirements of the Weight Distance Tax Act may be detained until the tax is paid. A nonfiler or zero-filer status or an inactive weight distance account is proof of failure to pay the weight distance tax."

SECTION 4. Section 65-1-36 NMSA 1978 (being Laws 1978, Chapter 16, Section 1, as amended) is amended to read:

"65-1-36. PENALTY FOR VIOLATIONS OF ACT.--

A. Violation of Section 65-5-1, 65-5-2 or 66-3-1.1 NMSA 1978 is a misdemeanor punishable by a fine of not less than one hundred dollars ($100) or more than five hundred dollars ($500) or imprisonment not exceeding ninety days or by both the fine and imprisonment.

B. Violation of any section of the Motor Transportation Act other than a violation of Section 65-1-26, 65-1-36.1, [66-5-1] 65-5-1, 65-5-2 or 66-3-1.1 NMSA 1978 or of the Motor Carrier Safety Act is a misdemeanor punishable by a fine of not more than one hundred dollars ($100) or by imprisonment not exceeding thirty days or by both the fine and imprisonment or is subject to the penalty assessment and fee provisions pursuant to Sections 66-8-116 through 66-8-116.3 NMSA 1978.

C. The payment of a fine under the provisions of any act under the jurisdiction of the department pursuant to the Motor Transportation Act shall not relieve the offender from the payment of any fees or taxes or from any other of the provisions of the Motor Transportation Act.

D. The department may, for the proper enforcement of the duties imposed upon the department pursuant to the Motor Transportation Act, detain any motor vehicle whose operator or owner is in violation of any law the department is empowered under the Motor Transportation Act to administer or enforce."

SECTION 5. Section 65-3-1 NMSA 1978 (being Laws 1989, Chapter 201, Section 2) is amended to read:

"65-3-1. SHORT TITLE.--[Sections 65-3-1 through 65-3-13] Chapter 65, Article 3 NMSA 1978 may be cited as the "Motor Carrier Safety Act"."

SECTION 6. Section 65-3-2 NMSA 1978 (being Laws 1989, Chapter 201, Section 3) is amended to read:

"65-3-2. PURPOSE.--The legislature finds that highway safety is of utmost public concern. The purpose of the Motor Carrier Safety Act is to protect the New Mexico traveling public by ensuring the safe operation of commercial motor [carrier] vehicles on New Mexico's highways."

SECTION 7. Section 65-3-3 NMSA 1978 (being Laws 1989, Chapter 201, Section 4, as amended) is amended to read:

"65-3-3. APPLICABILITY.--

A. Notwithstanding any provision of the Motor Vehicle Code to the contrary, the provisions of the Motor Carrier Safety Act and the [regulations] rules promulgated under that act shall apply to a commercial motor [carrier] vehicle operating on the public highways of New Mexico of a type that:

(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 more than fifteen 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.

B. Whenever a commercial motor [carrier] vehicle of one type is used to perform the functions normally performed by a motor vehicle of another type, the requirements of the Motor Carrier Safety Act shall apply to that motor vehicle and to its operation as if that motor vehicle were actually a motor vehicle of the latter type.

C. Whenever a duty is prescribed for a driver or a prohibition is imposed upon the driver pursuant to the provisions of the Motor Carrier Safety Act, it shall be the duty of the motor carrier to require observance of such prescription or prohibition. If the motor carrier is also the driver, the motor carrier shall likewise be bound."

SECTION 8. Section 65-3-4 NMSA 1978 (being Laws 1989, Chapter 201, Section 5, as amended) is amended to read:

"65-3-4. [REGULATIONS] RULES--INSPECTIONS.--

A. The secretary is directed to adopt in accordance with Section [65-1-10] 9-19-6 NMSA 1978 necessary rules [and regulations] under the Motor Carrier Safety Act as they apply to motor carrier safety. [Such] The rules [and regulations] shall not be inconsistent with or more stringent than applicable federal safety standards.

B. The department is authorized to inspect at the motor carrier's place of business those safety records required to be retained by the motor carrier pursuant to the provisions of the Motor Carrier Safety Act."

SECTION 9. Section 65-3-5 NMSA 1978 (being Laws 1989, Chapter 201, Section 6) is amended to read:

"65-3-5. VIOLATION OF ACT--PENALTY--PENALTY ASSESSMENT.--

A. [Any] A person who violates the provisions of the Motor Carrier Safety Act is guilty of a misdemeanor and shall be punished by a fine not exceeding five hundred dollars ($500) or thirty days in jail or both.

B. [The director may, by regulation, authorize a penalty assessment program to impose penalties under the provisions of the Motor Carrier Safety Act] Unless a warning notice is given at the time of making an arrest for a violation of the Motor Carrier Safety Act that is included as a penalty assessment misdemeanor in Section 66-8-116.2 NMSA 1978, the officer shall offer the alleged violator the option of accepting a penalty assessment pursuant to Section 66-8-117 NMSA 1978."

SECTION 10. Section 65-3-7 NMSA 1978 (being Laws 1989, Chapter 201, Section 7, as amended) is amended to read:

"65-3-7. QUALIFICATIONS OF DRIVERS.--

A. A person shall not drive a commercial motor vehicle unless the person is qualified to drive a commercial motor vehicle, and a motor carrier shall not require or permit a person to drive a commercial motor vehicle unless that person is qualified to drive a commercial motor vehicle.

B. A person is qualified to drive a commercial motor [carrier] vehicle if the person:

(1) is at least:

(a) twenty-one years old; or

(b) eighteen years old if involved only in intrastate commerce and drives only within the boundaries of the state of New Mexico;

(2) is physically qualified to drive a commercial motor vehicle;

(3) is not disqualified from driving a commercial motor vehicle;

(4) has been issued a currently valid motor vehicle operator's license or permit of the proper class for the vehicle that the person is driving;

(5) can, by reason of experience, training or both, safely operate the type of commercial motor vehicle that the person drives; and

(6) can, by reason of experience, training or both, determine whether the cargo that the person transports is properly located, distributed and secured in or on the commercial motor vehicle that the person drives.

C. The director shall adopt [regulations] rules requiring motor carriers to maintain appropriate records pertaining to the qualifications of every commercial motor [carrier] vehicle driver in its employ, either regularly or casually. [Such regulations] The rules shall not be inconsistent with or more stringent than applicable federal safety standards.

D. The director is authorized to adopt specific exceptions for the qualifications of drivers under the Motor Carrier Safety Act for drivers of articulated farm vehicles and intrastate drivers of commercial motor vehicles transporting combustible liquids."

SECTION 11. Section 65-3-9 NMSA 1978 (being Laws 1989, Chapter 201, Section 9) is amended to read:

"65-3-9. COMMERCIAL MOTOR VEHICLES--EQUIPMENT--REGULATIONS.--The director shall adopt [regulations] rules not inconsistent with or more stringent than applicable federal safety standards concerning the following parts and accessories necessary for the safe operation of a commercial motor [carrier] vehicle:

A. lighting devices, reflectors and electrical equipment;

B. brake systems and performance;

C. glazing and window obstructions;

D. fuel systems;

E. coupling devices and towing methods;

F. tires and wheels;

G. heaters;

H. exhaust systems;

I. frames and body components;

J. suspension systems;

K. steering systems;

L. cargo securement;

M. emergency safety equipment; and

N. any other miscellaneous parts and accessories [he] the director deems necessary."

SECTION 12. Section 65-3-10 NMSA 1978 (being Laws 1989, Chapter 201, Section 10) is amended to read:

"65-3-10. NOTIFICATION, REPORTING AND RECORDING OF ACCIDENTS.--The director shall adopt rules [and regulations] not inconsistent with or more stringent than applicable federal safety standards concerning records and reports required to be made and kept by motor carriers of accidents [which] that occur during their operations. Nothing in this section shall alter the requirements that drivers of commercial motor [carrier] vehicles report accidents under Section 66-7-201 NMSA 1978."

SECTION 13. Section 65-3-12 NMSA 1978 (being Laws 1989, Chapter 201, Section 12) is amended to read:

"65-3-12. REPAIR AND MAINTENANCE.--The director shall adopt rules [and regulations] concerning the systematic inspection, repair and maintenance of all commercial motor [carrier] vehicles. The [regulations] rules shall not be inconsistent with or more stringent than applicable federal safety standards.

A. The [regulations] rules shall provide for:

(1) proper lubrication and absence of oil and grease leaks;

(2) inspection of motor vehicles in operation by certified inspectors of the division at ports of entry, at suitable locations along the highway and at a motor carrier's place of business;

(3) [driver's] driver or motor vehicle inspection reports;

(4) periodic [vehicle] annual inspection by the motor carrier, by a certified inspector of the division or by another qualified inspector [authorized by the director] meeting the minimum standards of applicable federal law;

(5) inspector qualifications;

(6) minimum periodic inspection standards; and

(7) recordkeeping associated with these requirements.

B. These [regulations] rules shall authorize the division to declare a commercial motor vehicle [to be placed] or driver out of service because of an unsafe mechanical or [operational dysfunction causing a vehicle to be unsafe] driver condition pursuant to standardized out-of-service criteria. The out-of-service condition shall preclude the use or driving of the commercial motor vehicle until the condition for placing the commercial motor vehicle or driver out of service is remedied.

C. Motor carriers shall make safety-related records available to division enforcement personnel upon request."

SECTION 14. A new section of the Motor Carrier Safety Act is enacted to read:

"[NEW MATERIAL] MINIMUM LEVELS OF FINANCIAL RESPONSIBILITY FOR MOTOR CARRIERS.--The director shall adopt rules not inconsistent with or more stringent than applicable federal regulations concerning minimum levels of financial responsibility for commercial motor vehicles. The rules shall apply to for-hire motor carriers of nonhazardous property; for- hire and private motor carriers of hazardous substances, waste or material and oil; and motor carriers of passengers with various seating capacity as prescribed by applicable federal regulations."

SECTION 15. Section 65-5-1 NMSA 1978 (being Laws 1943, Chapter 125, Section 8, as amended) is amended to read:

"65-5-1. VEHICLES TO STOP AT PORTS OF ENTRY--FIELD ENFORCEMENT--INFORMATION--INSPECTION.--

A. All commercial motor [carrier] vehicles shall enter, leave or travel through the state on designated highways and shall stop at every port of entry as designated by the division for manifesting and clearance stickers, except as provided in Subsection H of this section.

B. An officer may enforce in the field the provisions of the Motor Transportation Act and the Motor Carrier Act and perform inspections as provided in this section whenever the officer stops a commercial motor [carrier] vehicle [after observing that the vehicle is in, or is being operated in, violation of those acts, the Motor Vehicle Code or the Criminal Code].

C. The operator of a commercial motor [carrier] vehicle shall:

(1) upon request, make out and deliver to the agent of the division at a port of entry or to an officer conducting field enforcement a manifest showing that part of the following information requested:

(a) the point of origin of the shipment;

(b) the ultimate destination of the shipment; and

(2) sign the manifest and present it to the agent at the port of entry or to the officer conducting field enforcement; and

(3) present for inspection to the agent at the port of entry or the officer conducting field enforcement a copy of the billing or invoice describing the contents of the cargo and the weight of the cargo.

D. The agent at the port of entry or the officer conducting field enforcement may verify the information contained upon the billing or invoice and shall:

(1) check the license, permit, engine and serial numbers, weight and description of the vehicle; and

(2) inspect the vehicle and ascertain

whether it is in safe and road-worthy condition and properly equipped with all lights, brakes and other appliances required by law.

E. The agent at the port of entry or officer conducting field enforcement may confirm the contents and weight of the cargo of a commercial motor [carrier] vehicle and interview the operator about the cargo and, if in doubt as to the declared gross weight, may order the cargo weighed before issuing any clearance certificate for the vehicle.

F. The agent at the port of entry or the officer conducting field enforcement may inspect the contents of a commercial motor [carrier] vehicle to determine whether all taxes on gasoline and motor fuel and excise taxes on alcoholic liquors and all taxes on any other property have been fully paid.

G. The agent at the port of entry or the officer conducting field enforcement may inspect a commercial motor [carrier] vehicle and its contents to determine whether they are in compliance with laws and rules regarding public safety, health, welfare and comfort.

H. An agricultural product transport vehicle is excluded from the requirements of Subsection A of this section if the agricultural product transport vehicle has cleared the port of entry at least once and has successfully passed a commercial vehicle safety alliance level 1 inspection during the current harvest season.

I. As used in this section, "agricultural product transport vehicle" means a motor vehicle, freight trailer or utility trailer or a combination thereof used exclusively for hauling agricultural products harvested by a farmer from the place of harvesting to market, storage or a processing plant."

SECTION 16. Section 65-5-1.2 NMSA 1978 (being Laws 1989, Chapter 319, Section 7) is amended to read:

"65-5-1.2. JOINT PORTS OF ENTRY--ENFORCEMENT AUTHORITY.--The department may require commercial motor [carrier] vehicles to stop at a joint port of entry in an adjoining state. The joint port of entry shall be established pursuant to an agreement entered into between the department and another state pursuant to Section 9-11-12 NMSA 1978."

SECTION 17. Section 65-5-2 NMSA 1978 (being Laws 1943, Chapter 125, Section 9, as amended) is amended to read:

"65-5-2. PROOF OF COMPLIANCE--SCHEDULE OF PENALTIES.--Except as otherwise provided in this section, a commercial motor [carrier] vehicle having a gross vehicle weight or combination gross vehicle weight of over twenty-six thousand pounds shall not travel on New Mexico highways without either proof that the trip tax has been paid for the movement of the vehicle or both evidence of registration and a tax identification permit issued by the department, unless that vehicle is exempt from the weight distance tax. The department may, by [regulation] rule, exempt portions of a highway from the requirements of this section if those portions are prior to reaching a port of entry where the trip tax may be paid."

SECTION 18. Section 65-5-3 NMSA 1978 (being Laws 1943, Chapter 125, Section 10, as amended) is amended to read:

"65-5-3. CLEARANCE CERTIFICATES--TYPES OF [CARRIERS] VEHICLES.--After inspection of the vehicle and related documentation and any necessary registration, clearance certificates or special permits may be issued by the department for:

A. commercial motor [carrier] vehicles operating in compliance with the provisions of the Motor Carrier Act when:

(1) all taxes and registration fees required by the laws of this state upon the vehicles and contents of the vehicles have been paid and all other laws and rules [and regulations] of departments of this state applicable to the vehicles and contents have been complied with; and

(2) the operator or owner of the vehicle is not in default or delinquent in the payment of any tax, the filing of any report or the observance of any requirements of the Motor Carrier Act;

B. commercial motor [carrier] vehicles classified and designated in law as exempt when:

(1) all taxes required by the laws of this state upon the contents of the vehicles have been paid and all other laws and rules [and regulations] of departments of this state applicable to the contents have been complied with; and

(2) the vehicles have been registered in this state or another state and evidence of registration, including proper display of registration plates, required by the laws of this state is provided;

C. commercial motor [carrier] vehicles not registered or licensed in this state that are transporting passengers for hire or property for hire or resale when:

(2) the vehicle is properly covered by liability insurance in accordance with the provisions of the Motor Carrier Act and the [regulations] rules of the [state corporation] public regulation commission; and

(3) the trip tax has been fully paid; and

D. commercial motor [carrier] vehicles not registered or licensed in this state that are transporting property not for hire or resale when:

(1) all taxes required by the laws of this state upon the contents of the vehicles have been paid and all other laws and rules [and regulations] applicable to such contents have been complied with; and

(2) the trip tax has been fully paid."

SECTION 19. 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 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, 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 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":

(1) 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] except for tools and parts necessary for the use and maintenance of the vehicle, and only incidentally operated or moved over a highway or a vehicle that has machinery permanently attached and does not carry a load, except for tools and parts necessary for the use and maintenance of the machinery and only incidentally operated or moved over a highway;

(2) includes ditch-digging apparatus; well- boring apparatus; and earth-moving, road construction and maintenance machinery, including asphalt spreaders, bituminous mixers, bucket loaders, graders, patchers, finishing machines, road rollers, scarifiers, earth-moving carryalls, scrapers, power shovels, drag lines, self-propelled cranes and tractors, other than truck tractors; and

(3) does not include house trailers, dump trucks or truck-mounted transit mixers, cranes or shovels;

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 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 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 20. 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; and

(3) trade, traffic or transportation between two places in New Mexico;

B. "commercial driver's license holder" means an individual to whom a license has been issued by a state or other jurisdiction, in accordance with the standards found in 49 C.F.R. part 383, as amended or renumbered, that authorizes the individual to operate a commercial motor vehicle;

C. "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;

D. "commercial motor vehicle" means a motor vehicle or combination of motor vehicles used in commerce to transport passengers or property if the motor vehicle:

(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 or used to transport more than eight passengers, including the driver;

[(3)] (4) is designed or used to transport [sixteen or] more than fifteen passengers, including the driver; or

[(4)] (5) is of any size and is used in the transportation of hazardous materials, as hazardous materials are defined in 49 C.F.R. part 383.5;

E. "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;

(2) an unvacated forfeiture of bail or collateral deposited to secure a person's appearance in court;

(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;

(6) an assignment to a diversion program or a driver improvement school; or

(7) a conditional discharge as provided in Section 31-20-13 NMSA 1978;

F. "director" means the director of the motor vehicle division of the department;

G. "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;

H. "division" means the motor vehicle division of the department;

I. "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;

J. "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;

K. "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;

L. "fatality" means the death of a person as a result of a motor vehicle accident;

M. "gross combination weight rating" means the 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;

N. "gross vehicle weight rating" means the value specified by the manufacturer as the loaded weight of a single vehicle;

O. "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;

P. "noncommercial motor vehicle" means a motor vehicle or combination of motor vehicles that is not a commercial motor vehicle;

Q. "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;

R. "out-of-service order" means a declaration by an authorized enforcement officer of a federal, state, Canadian, Mexican or local jurisdiction that a driver, a commercial motor vehicle or a motor carrier operation is temporarily prohibited from operating;

S. "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;

T. "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 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

U. "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."

SECTION 21. Section 66-8-116.1 NMSA 1978 (being Laws 1989, Chapter 319, Section 12, as amended) is amended to read:

"66-8-116.1. PENALTY ASSESSMENT MISDEMEANORS--OVERSIZE LOAD.--As used in the Motor Vehicle Code [and the Motor Carrier Act], "penalty assessment misdemeanor" means, in addition to the definition of that term in Section 66-8-116 NMSA 1978, violation of the following listed sections of the NMSA 1978 for which the listed penalty is established:

COMMON NAME OF OFFENSE SECTION VIOLATED PENALTY ASSESSMENT

Oversize load

1,000 to 3,000 pounds 66-7-411 $ 50.00

Oversize load

3,001 to 4,000 pounds 66-7-411 80.00

Oversize load

4,001 to 5,000 pounds 66-7-411 150.00

Oversize load

5,001 to 6,000 pounds 66-7-411 250.00

Oversize load

6,001 to 7,000 pounds 66-7-411 400.00

Oversize load

7,001 to 8,000 pounds 66-7-411 550.00

Oversize load

8,001 to 9,000 pounds 66-7-411 700.00

Oversize load

9,001 to 10,000 pounds 66-7-411 850.00

Oversize load

over 10,000 pounds 66-7-411 1,000.00."

SECTION 22. 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 TRANSPORTATION ACT AND MOTOR CARRIER ACT.--As used in the Motor Vehicle Code, Motor Transportation Act 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, except as provided in Subsection E of this section, the listed penalty is established:

A. GENERAL

COMMON NAME OF OFFENSE SECTION VIOLATED PENALTY ASSESSMENT

Failure to register

motor carrier 66-3-1.1 $300.00

Failure to carry tax

identification

permit 65-1-26 300.00

Failure of motor carrier

to comply with weight distance

requirements of the Weight

Distance Tax Act 65-1-26

(1) first conviction 300.00

(2) second conviction, within

ten years of the first conviction 500.00

(3) third or subsequent

conviction, within ten years of the

first conviction 1,000.00

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-16 50.00

Possession of radar detector in

commercial motor vehicle 65-3-8 100.00

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

[Possession of radar detector

in commercial motor carrier

vehicle 65-3-8 100.00

Possession of alcoholic

beverage in commercial

motor carrier vehicle 65-3-8 200.00]

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

Possession of alcoholic beverage

in commercial motor vehicle 65-3-8 200.00

Driver disqualification 65-3-7 500.00

Exceeding the 10-hour

driving rule for

passenger carrier

transportation 65-3-11 100.00

Exceeding the 11-hour

driving rule for property

carrier transportation 65-3-11 100.00

Exceeding the 14-hour on

duty rule for property

carrier transportation 65-3-11 100.00

Exceeding the 15-hour on

duty rule for passenger

carrier transportation 65-3-11 100.00

Exceeding the 60 hours in 7

days on duty rule 65-3-11 100.00

Exceeding the 70 hours in 8

days on duty rule 65-3-11 100.00

False log book 65-3-11 100.00

No log book 65-3-11 100.00

No record for previous

7 days 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.

E. Upon a second conviction for failure to stop at a port of entry or inspection station pursuant to Section

65-5-1 NMSA 1978, the penalty assessment shall be two hundred fifty dollars ($250). Upon a third or subsequent conviction, the penalty assessment shall be five hundred dollars ($500)."

SECTION 23. Section 66-8-125 NMSA 1978 (being Laws 1978, Chapter 35, Section 533) is amended to read:

"66-8-125. ARREST WITHOUT WARRANT.--

A. Members of the New Mexico state police, other commissioned state law enforcement officers, sheriffs and their [salaried] deputies and members of any municipal police force may arrest without warrant any person:

(1) present at the scene of a motor vehicle accident;

(2) on a highway when charged with theft of a motor vehicle; or

(3) charged with a crime in another jurisdiction, upon receipt of a message giving the name or a reasonably accurate description of the person wanted, the crime alleged and a statement [he] that the person is likely to flee the jurisdiction of [the] this state.

B. To arrest without warrant, the arresting officer must have reasonable grounds, based on personal investigation, which may include information from eyewitnesses, to believe the person arrested has committed a crime.

C. Members of the New Mexico state police, other commissioned state law enforcement officers, sheriffs and their [salaried] deputies and members of any municipal police force may not make [arrest] arrests for traffic violations if not in uniform; however, nothing in this section shall be construed to prohibit the arrest, without warrant, by a peace officer of any person when probable cause exists to believe that a felony crime has been committed or in non-traffic cases."

SECTION 24. Section 67-7-10 NMSA 1978 (being Laws 1921, Chapter 94, Section 10) is amended to read:

"67-7-10. UNLAWFUL USE OF HIGHWAYS--PENALTIES.--The public highways in the state are dedicated to the reasonable use thereof by the public.

It [shall be] is unlawful for any person to injure or damage any public highway or street or any bridge, culvert, sign, signpost or structure upon or used or constructed in connection with any public highway or street for the protection thereof or for protection or regulation of traffic thereon by any unusual, improper or unreasonable use thereof or by the careless driving or use of any vehicle thereon or by [wilful] willful mutilation, defacing or destruction thereof.

It [shall be] is considered unreasonable use of any bridge or structure to operate or conduct upon or over the same any vehicle, tractor, engine or load of greater weight than that specified by the state, county or municipal authorities having control of [such] the bridge or structure in a notice posted at or near each end of [such] the bridge or structure.

It [shall be] is considered unreasonable use of any improved highway or street to operate, drive or haul thereon any truck, tractor or engine in such manner or at times when the surface thereof is in a soft or plastic condition from moisture so as to cause excessive ruts or excessive deterioration or displacement of the surfacing thereof.

It [shall be] is unlawful to operate, haul or conduct over any public highway or street any vehicle, tractor, engine, truck, load, building or other object, more than eight feet six inches in width, except loads of hay, straw or other farm products, without a permit from the state, county or municipal authority in control of such highway or street, which permit shall specify the manner of operation thereof so as [not] to prevent as far as possible inconvenience and danger to the traveling public and damage to the surface.

It [shall be] is unlawful to maintain any fence across any public road unless the owner or person in control of such fence [shall construct] constructs and [maintain] maintains in good condition a gate and a cattle guard passageway for motor vehicles in accordance with the specifications of the authorities having control of such road. [And] No fence shall be maintained across any public road without a written permit from the authorities having control of such road.

Any person violating any provision of this section [shall be] is guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than twenty-five dollars ($25.00) nor more than five hundred dollars ($500) or by imprisonment in the county jail not less than five days nor more than thirty days or by both such fine and imprisonment [and]. The owner and the operator of such vehicle, truck, tractor or engine shall be jointly and severally liable to the state, county or municipality as the case may be for the actual damage caused by the operation, conducting or hauling thereof over any public highway, street, bridge, culvert or structure in violation of any provision of [this Act] Sections 67-7-10 and 67-7-11 NMSA 1978, to be collected by suit brought in the name of the state, county or municipality having control of such highway or street; and such vehicle, truck, tractor or engine may be attached and held to satisfy any judgment for [such] damages.

The proceeds of any such judgment shall be paid to the treasurer of the state or of such county or municipality and placed to the credit of a fund for the construction and improvement of roads or streets."

SECTION 25. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2013.