SENATE BILL 294

56th legislature - STATE OF NEW MEXICO - first session, 2023

INTRODUCED BY

Antonio Maestas

 

 

 

 

 

AN ACT

RELATING TO MOTOR VEHICLES; AMENDING THE NEW MEXICO COMMERCIAL DRIVER'S LICENSE ACT TO AUTHORIZE THE ISSUANCE OF LICENSES TO PERSONS WHO HAVE HAD A COMMERCIAL DRIVER'S LICENSE ISSUED FROM ANOTHER STATE OR A JURISDICTION IN CANADA OR MEXICO IN ACCORDANCE WITH THE MINIMUM STANDARDS ESTABLISHED BY THE FEDERAL HIGHWAY ADMINISTRATION FOR THE ISSUANCE OF COMMERCIAL DRIVER'S LICENSES FOR ONE YEAR OR MORE; REQUIRING RENEWAL OF A COMMERCIAL DRIVER'S LICENSE PREDICATED ON A LICENSE ISSUED IN ANOTHER STATE OR A JURISDICTION IN CANADA OR MEXICO IN THE FOURTH YEAR OF THE ISSUANCE OF THE PREDICATING LICENSE.

 

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

     SECTION 1. 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 either:

                (1) held a valid commercial driver's license issued from a state or jurisdiction in Canada or Mexico in accordance with the minimum standards established by the federal highway administration for the issuance of commercial driver's licenses for one year or more; or

                (2) passed a knowledge test and a 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 or knowledge test specified by this section; provided that the person being authorized has completed entry-level driver training as required by federal law.

          C. A commercial driver's license applicant who does not pass the skills test or knowledge test may repeat the:

                (1) knowledge test no more than twice a week; and

                (2) skills test no more than three times a year.

          D. 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 2. 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 and F of 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-nine 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 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 hazardous material endorsement.

          F. A commercial driver's license issued pursuant to Paragraph (1) of Subsection A of Section 66-5-60 NMSA 1978 shall expire thirty days after the applicant's birthday in the fourth year of the issuance of the license in the state or jurisdiction in Canada or Mexico upon which the issuance of a license in New Mexico is predicated."