Section 65-3-13 – Transportation of hazardous materials.
The director shall adopt regulations not inconsistent with or more stringent than applicable federal safety standards concerning the safe transportation of hazardous materials, including hazardous substances and waste. A. These regulations shall include but not be limited to: (1) marking; (2) labeling; (3) placarding; (4) shipping documents; (5) hazardous material packaging; (6) driving; (7) parking; […]
Section 65-3-14 – Drug and alcohol testing program; report of positive test.
A. A motor carrier shall have an in-house drug and alcohol testing program that meets the requirements of 49 C.F.R. part 382 or be a member of a consortium, as defined in 49 C.F.R. part 382.107, that provides testing that meets the requirements of C.F.R. part 382. B. A person or entity specified in 49 […]
Section 65-3-11 – Hours of service of drivers.
The director shall adopt rules and regulations not inconsistent with nor more stringent than applicable federal safety standards concerning the hours of service of drivers. A. These regulations shall include but not be limited to maximum driving and on-duty time, travel time, maintenance of a driver’s log or record of duty status, adverse driving conditions, […]
Section 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 shall not be inconsistent with or more stringent than applicable federal safety standards. A. The regulations shall provide for: (1) proper lubrication and absence of oil and grease leaks; (2) inspection of motor […]
Section 65-3-1 – Short title.
Sections 65-3-1 through 65-3-13 [65-3-14] NMSA 1978 may be cited as the “Motor Carrier Safety Act”. History: 1978 Comp., § 65-3-1, enacted by Laws 1989, ch. 201, § 2. ANNOTATIONS Repeals and reenactments. — Laws 1989, ch. 201, § 2 repealed former 65-3-1 NMSA 1978, as amended by Laws 1977, ch. 250, § 95, relating […]
Section 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. History: 1978 Comp., § 65-3-2, enacted by Laws 1989, ch. 201, § 3. ANNOTATIONS […]
Section 65-3-3 – Applicability.
A. Notwithstanding any provision of the Motor Vehicle Code [Chapter 66, Articles 1 to 8 NMSA 1978] to the contrary, the provisions of the Motor Carrier Safety Act and the regulations promulgated under that act shall apply to a commercial motor carrier vehicle operating on the public highways of New Mexico of a type that: […]
Section 65-3-4 – Regulations; inspections.
A. The secretary is directed to adopt in accordance with Section 65-1-10 NMSA 1978 [repealed] necessary rules and regulations under the Motor Carrier Safety Act as they apply to motor carrier safety. Such rules and regulations shall not be inconsistent with or more stringent than applicable federal safety standards. B. The department is authorized to […]
Section 65-3-5 – Violation of act; penalty.
A. Any 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 […]
Section 65-3-6 – Repealed.
ANNOTATIONS Repeals. — Laws 1990, ch. 21, § 4 repealed 65-3-6 NMSA 1978, as enacted by Laws 1947, ch. 171, § 2, relating to penalty for violating former 65-3-5 NMSA 1978, effective July 1, 1990. For provisions of former section, see the 1989 NMSA 1978 on NMOneSource.com.