44TH LEGISLATURE - STATE OF NEW MEXICO - FIRST SESSION, 1999

RELATING TO MOTOR VEHICLES; AMENDING A SECTION OF THE MOTOR VEHICLE CODE TO CLARIFY THE WEIGHT LIMIT FOR SOLID WASTE COLLECTION VEHICLES.

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

Section 1. Section 66-7-413.3 NMSA 1978 (being Laws 1991, Chapter 227, Section 1, as amended) is amended to read:

"66-7-413.3. PERMITS FOR EXCESSIVE WEIGHT.--

A. In addition to the authorization granted in Section 66-7-413 NMSA 1978, special permits may be issued by the motor transportation division for a single trip or for a year. The fee for the permits shall be thirty-five dollars ($35.00) for a single-trip permit and one hundred twenty dollars ($120) for an annual permit. The permits authorized in this section shall allow for an increase in axle weight over the limit established in Section 66-7-409 NMSA 1978; provided the increased axle weight for liquid hauling tank vehicles that would otherwise haul less than a full tank shall not exceed twenty-five percent of the statutory authorized maximum weight.

B. Effective between July 1, 1997 and June 30, [2000] 2003, the increased axle weight of three-axle solid waste collection vehicles shall not exceed ten percent of the [authorized] maximum allowable weight for [the vehicle] any axle.

C. The special permits authorized by this section shall not be valid for transportation of excessive weights on the interstate system as currently defined in federal law or as that system may be defined in the future. No special permit issued pursuant to this section shall be valid for gross vehicle weights in excess of eighty-six thousand four hundred pounds or for any combination vehicle.

D. If the federal highway administration of the United States department of transportation gives official notice that money will be withheld or that this section violates the grandfather provision of Title 23, U.S.C. Section 127, the secretary may withdraw all special permits and discontinue issuance of all special permits authorized in this section until such time that final determination is made. If the final determination allows the state to issue the special permits without sanction of funds or weight tables, [then] the secretary shall reissue the special permits previously withdrawn and make the special permits available pursuant to this section.

E. Any fees collected pursuant to special permits authorizing over-size or over-weight transportation on state highways shall be collected for the state highway and transportation department to be transferred to the state road fund. Transfers shall be made on or before the tenth day of the month following collection.

F. Notwithstanding other provisions of law, the provisions of this section shall not apply after July 1, [1999] 2003."