HOUSE BILL 30
57th legislature - STATE OF NEW MEXICO - first session, 2025
INTRODUCED BY
Kathleen Cates
AN ACT
RELATING TO MOTOR CARRIERS; AMENDING AND ENACTING SECTIONS OF THE MOTOR CARRIER SAFETY ACT; PROVIDING REQUIREMENTS FOR MOTOR CARRIERS OF RAILROAD EMPLOYEES; PROVIDING REQUIREMENTS FOR THE DRIVERS, VEHICLES AND EQUIPMENT OF MOTOR CARRIERS OF RAILROAD EMPLOYEES; AUTHORIZING THE DEPARTMENT OF TRANSPORTATION TO INSPECT, REVIEW, AUDIT AND INVESTIGATE TO ENSURE COMPLIANCE WITH THE MOTOR CARRIER SAFETY ACT; LIMITING HOURS OF SERVICE OF DRIVERS OF MOTOR CARRIERS OF RAILROAD EMPLOYEES; APPLYING EXISTING SAFETY BELT REQUIREMENTS TO ALL MOTOR CARRIERS.
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 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;
H. "division" means the New Mexico state police division of the department;
I. "evidence of registration" means documentation issued by the taxation and revenue department identifying a 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 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 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 vehicle weight" means the weight of a vehicle without load plus the weight of any load thereon;
M. "motor carrier" means any person that owns, controls, operates or manages any motor vehicle with a gross vehicle weight of twelve thousand pounds or more that is used to transport persons or property on the public highways of this state;
N. "motor carrier of railroad employees" means a person that owns, controls, operates or manages a motor vehicle of any vehicle weight that is used to transport employees of a railroad corporation on the public highways of New Mexico;
[N.] O. "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;
P. "on-duty time" means time from when a driver begins to work, or is required to be in readiness to work, until the time the driver is relieved from work and includes time spent:
(1) driving;
(2) at a terminal, facility or other property of a contract carrier;
(3) waiting to be dispatched;
(4) in working hours by a driver while under employment or agreement with another employer who is not a motor carrier of railroad employees; and
(5) inspecting, servicing, conditioning or attending to a vehicle;
[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; "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;
[S.] U. "secretary" means the secretary of public safety and, except for the purposes of Section 65-1-33 NMSA 1978, also includes a deputy secretary and any division director delegated by the secretary;
[T.] V. "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.] W. "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 65-3-1 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 3. 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 promulgated under that act shall apply to a motor carrier of railroad employees and a commercial motor carrier vehicle operating on the public highways of New Mexico of a type that:
(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.
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 4. Section 65-3-4 NMSA 1978 (being Laws 1989, Chapter 201, Section 5, as amended) is amended to read:
"65-3-4. REGULATIONS--INSPECTIONS.--
A. The secretary is directed to adopt in accordance with Section [65-1-10] 9-11-6.2 NMSA 1978 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 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.
C. The department is authorized to enter, at a reasonable time and place, a vehicle or facility of a motor carrier of railroad employees for the purposes of an inspection, safety review, audit or accident investigation to ensure compliance with the provisions of the Motor Carrier Safety Act."
SECTION 5. A new section of the Motor Carrier Safety Act, Section 65-3-6.1 NMSA 1978, is enacted to read:
"65-3-6.1. [NEW MATERIAL] MOTOR CARRIER OF RAILROAD EMPLOYEES--REQUIREMENTS.--
A. A motor carrier of railroad employees shall:
(1) implement a policy that provides for annual training and certification of its drivers in the:
(a) safe operation of the motor vehicles used for transport;
(b) relevant laws, rules of the road and safety policies;
(c) handling of emergency situations;
(d) proper use of seat belts;
(e) performance of pre-trip and post-trip vehicle inspections and keeping records of these inspections; and
(f) proper maintenance of required records;