New Mexico Register / Volume
XXXII, Issue 19 / October 13, 2021
NOTICE OF PROPOSED RULEMAKING
The New Mexico
Department of Transportation (NMDOT) is proposing a new rule, 18.24.1 NMAC, Autonomous
Vehicle Testing Rule.
Approval of the
initial rulemaking action for the proposed new rule was granted to NMDOT by the
New Mexico State Transportation Commission on May 20, 2021, pursuant to Sections
9-15, 67-3-8 and 67-3-11, NMSA 1978. The
legal authority authorizing this rulemaking is Section 66-7-12 and 66-7-13,
NMSA 1978.
Summary of Full Text: Title
18, Chapter 24, Part 1, Autonomous Vehicle (AV) Testing introduces definitions
that are specific to AV as established in the Society of Autonomous Engineers
(SAE) Standard J-3016, the standard recognized by National Highway Traffic and
Safety Administration (NHTSA), the federal regulatory authority on AV
operations. It also establishes the required information to be submitted to the
New Mexico Department of Transportation prior to testing and operations of AVs
on public roadways. It establishes the necessary content of a Police
Interaction Plan that must be in place by an AV tester in the event of a crash
involving the operations and/or testing of an AV on public roadways. It
establishes the minimum liability coverage for AV operations and/or testing on
public roadways.
Purpose: The purpose for this rule is to
implement the newly enacted Autonomous Vehicle Testing Rule.
Full Text of the Proposed Rule: A copy
of the full text of the proposed new rule 18.24.1 NMAC may be found on the
NMDOT website at the following Internet link, under the Public Notices tab:
https://dot.state.nm.us/content/nmdot/en/public-notices.html. To obtain a printed copy of the proposed
amended rule, contact Mershawn Griego at (505) 216-8831 or MershawnC.Griego@state.nm.us.
A reasonable fee may be charged for
printed copies.
Rulemaking Hearing: NMDOT
will hold one statewide virtual public hearing for the purpose of receiving
oral and written public comment from interested parties on the proposed repeal
and replacement of 18.24.1 NMAC. This
hearing will be held in conformance with the Governor’s directives regarding
gatherings and social distancing. The hearing
is scheduled on Tuesday, November 16, 2021 from 1:00 p.m. to 3:00 p.m. To participate in this hearing:
Join Zoom Meeting:
https://dot-state-nm-us.zoom.us/j/83240956940?pwd=V3ByZGNNd1h2dTdNWDgzdmozSm1uUT09
Meeting ID: 832 4095 6940
Passcode: 010286
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Written Comments: To
submit written comments on or before the date of hearing, please send to: Mershawn Griego at New Mexico Department of
Transportation, P.O. Box 1149, Santa Fe, New Mexico 87504 or submit via email
to MershawnC.Griego@state.nm.us. Written
comments will be accepted from the date this notice is published in the New
Mexico Register, October 13, 2021, and until the close of the final hearing scheduled
in this rulemaking, November 16, 2021. If
you plan to submit written comments, argument, or data, please make sure any
documentation contains your name, phone number and email address. If submitting written comments by email,
please indicate the rule number in the subject line. Oral comments will only be accepted at the public
hearing and may be subject to time limitations.
After the close of the final hearing scheduled in this rulemaking, the
rulemaking record will be closed and no other comments will be accepted. All written comments will be posted on the
department’s website within three days of receipt.
Accommodations: Any
individual with a disability who is in need of an auxiliary aid or service to
attend or participate in the hearing, or who needs copies of the proposed rule revisions
in an accessible form may contact Mershawn Griego at (505) 216-8831 or MershawnC.Griego@state.nm.us
at least ten days before the hearing.