TITLE 18 TRANSPORTATION AND HIGHWAYS
CHAPTER 2 MOTOR CARRIER
PART 3 MOTOR CARRIER
SAFETY
18.2.3.1 ISSUING AGENCY: Department
of Public Safety, P.O. Box 1628, Santa Fe, NM 87504-1628.
[4-30-97; 18.2.3.1 NMAC - Rp
18 NMAC 2.3.1, 6-29-00]
18.2.3.2 SCOPE: This part applies to all owners, operators and drivers of
commercial motor carrier vehicles.
[4-30-97; 18.2.3.2 NMAC - Rp
18 NMAC 2.3.2, 6-29-00]
18.2.3.3 STATUTORY AUTHORITY: Section 9-19-6 NMSA 1978 and Section 65-3-4
NMSA 1978.
[4-30-97; 18.2.3.3 NMAC - Rp
18 NMAC 2.3.3, 6-29-00; A, 07-16-07]
18.2.3.4 DURATION: Permanent.
[4-30-97; 18.2.3.4 NMAC - Rp
18 NMAC 2.3.4, 6-29-00]
18.2.3.5 EFFECTIVE DATE: June 29, 2000, unless a later date is cited at the
end of a section, in which case the later date is the effective date.
[4-30-97; 18.2.3.5 NMAC - Rp
18 NMAC 2.3.5, 6-29-00]
18.2.3.6 OBJECTIVE: The objective of this part is to interpret, exemplify,
implement and enforce the provisions of the Motor Transportation Act.
[4-30-97; 18.2.3.6 NMAC - Rp
18 NMAC 2.3.6, 6-29-00]
18.2.3.7 DEFINITIONS: Reserved.
[4-30-97; 18.2.3.7 NMAC - Rp
18 NMAC 2.3.7, 6-29-00]
18.2.3.8 SPECIAL NOTE: All statutory references in 18.2.3 NMAC are to the
New Mexico Statutes Annotated, 1978 (NMSA 1978) unless otherwise specified.
[2-3-93; 4-30-97; 18.2.3.8 NMAC - Rp
18 NMAC 2.3.8, 6-29-00]
18.2.3.9 INCORPORATION BY REFERENCE: For the purposes of 18.2.3 NMAC, the
term "Code of Federal Regulations" means the Code of Federal
Regulations published by the office of the federal register, national archives
and records administration as presently in effect including subsequent
amendments.
A. Appendix A: Code of Federal
Regulations, Title 49, Parts 1 to 99, published by the office of the federal
register, are incorporated by reference as presently
in effect including subsequent amendments.
B. Appendix B: Code of Federal
Regulations, Title 49, Parts 100 to 185, published by the office of the federal
register, are incorporated by reference as presently
in effect including subsequent amendments.
C. Appendix D: Code of Federal
Regulations, Title 49, Parts 200 to 399, published by the office of the federal
register, are incorporated by reference as presently
in effect including subsequent amendments.
[11-17-93; 2-14-95; 11-17-95; 4-30-97; 18.2.3.9 NMAC -
Rp 18 NMAC 2.3.9, 6-29-00; A, 7/31/02; A, 3/31/03; A,
1/30/04; A, 07-16-07; A, 11-14-08]
18.2.3.10 GENERAL: The department of public safety hereby adopts Parts 385,
387, 390 and Appendix F (Commercial Zones) of Subchapter B of Chapter III of
Title 49 of the Code of Federal Regulations. The provisions in these parts are
applicable to interstate and intrastate motor carriers, commercial motor
vehicles and employees with the following amendments:
A. Where the regulations refer to the
United States department of transportation (DOT), substitute the New Mexico
department of public safety.
B. Where the regulations refer to the
federal motor carrier safety administration, substitute the New Mexico department
of public safety.
C. Where the regulations refer to the
secretary of the United States department of transportation, substitute the New
Mexico secretary of the department of public safety.
D. Where the regulations refer to a
special agent of the federal motor carrier safety administration, substitute
all personnel safety certified and approved by the director of the motor
transportation division of the department of public safety.
E. Part 385.13(a) is amended to read
“Generally, a motor carrier rated “unsatisfactory” is prohibited from operating
a CMV. Information on motor carriers,
including their most current safety rating, is available from the department of
public safety on the internet at http://www.dps.nm.org or by telephone at (505)
827-0645.”
F. Part 385.13(d) is amended to read “Penalties.
If a proposed "unsatisfactory'' safety rating becomes final, the
department of public safety will issue an order placing its intrastate
operations out of service. Any motor carrier that operates CMVs in violation of
this section will be subject to the penalty provisions listed in Sections
66-2-9 NMSA 1978, 66-5-71 NMSA 1978, 66-5-58 NMSA 1978 and 66-8-7 NMSA 1978.”
G. Part 385.14(a) is amended to read “A
CMV owner or operator that has failed to pay civil penalties imposed by the taxation and revenue department, or has failed to
abide by a payment plan, may be prohibited from operating CMVs in intrastate
commerce.”
H. Part 385.14(b) is amended to read “A
broker, freight forwarder, or for-hire motor carrier that has failed to pay
civil penalties imposed by the taxation and revenue department, or has failed
to abide by a payment plan, may be prohibited from operating in intrastate
commerce, and its registration may be suspended under the provisions of section
66-2-9 NMSA 1978.
I. Part 385.15(c) is amended to read
“The motor carrier must submit its request in writing to the Department of
Public Safety, Motor Transportation Division, P.O. Box
1628 Santa Fe, NM 87504.”
J. Part 385.17(b) is amended to read
“A motor carrier must make this request in writing to the Department of Public
Safety, Motor Transportation Division, P.O. Box 1628
Santa Fe, NM 87504.”
K. Part 390.5, Definitions, is amended
to read:
(1) "Commercial motor vehicle" means any self
propelled or towed vehicle used on public highways in commerce to
transport passengers or property when:
(a) the vehicle is operated interstate and has
a gross vehicle weight rating or gross combination weight rating, or gross
vehicle weight or gross combination weight, of 4,536 kg (10,001 pounds) or more
whichever is greater; or the vehicle 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 26,001 or more pounds whichever
is greater; or
(b) is designed or
used to transport more than 8 passengers (including the driver); for
compensation; or
(c) is designed or used to transport more than
15 passengers, (including the driver) and is not used to transport passengers
for compensation; or
(d) is used in transporting material found by
the secretary of transportation to be hazardous under 49 U.S.C. 5103 and
transported in a quantity requiring placarding under regulations prescribed by
the secretary under 49 CFR, subtitle B, Chapter I, subchapter C;
(2) 390.19 is
amended to add: “Intrastate motor carriers operating commercial motor vehicles
are required to apply for a New Mexico safety identification number from the
motor vehicle division, New Mexico taxation and revenue department.”
(3) 390.21 is
amended to add: “Intrastate carriers operating commercial motor vehicles are
required to mark their vehicles with the assigned New Mexico safety
identification number, preceded by the letters USDOT.”
[2-3-93; 11-17-93; 2-14-95; 11-17-95; 4-30-97;
18.2.3.10 NMAC - Rp 18 NMAC 2.3.10, 6-29-00; A,
7/31/02; A, 1/30/04; A, 07-16-07; A, 11-14-08]
18.2.3.11 QUALIFICATION OF DRIVERS: The department of public safety hereby
adopts Part 40 and Appendix A to Part 40 of Title 49 of the Code of Federal
Regulations (49 CFR 40 - Procedures for Transportation Workplace Drug Testing
Programs), Part 391 of Title 49 of the Code of Federal Regulations (49 CFR 391
- Qualification of Drivers), Part 382 of Title 49 of the Code of Federal
Regulations (49 CFR 382 -Controlled Substances and Alcohol Use and Testing) and
Appendices C (Written Examination for Drivers), D (Table of Disqualifying Drugs
and Other Substances, Schedule I) and E (Table of Disqualifying Drugs and Other
Substances, Schedules II through V) of Subchapter B of Chapter III of Title 49
of the Code of Federal Regulations. All provisions set forth in these parts as
adopted are applicable to interstate and intrastate motor carriers, commercial
motor vehicles and employees, with the following amendments:
A. Part 391.2(c) is amended to
read: "Certain farm vehicle drivers. The rules in this part do not apply
to a farm vehicle driver other than a farm vehicle driver who drives an
articulated (combination) motor vehicle interstate that has a gross weight,
including its load, of more than 10,000 pounds or drives an articulated motor
vehicle intrastate that has a gross weight, including its load, of 26,001
pounds or more."
B. Part 391.11(b)(1)
is amended to read: "Is at least 21 years old; or is 18 years old and
drives only in intrastate commerce operating commercial vehicles that are not
required to be placarded for hazardous materials."
C. Part 391.49, Waiver of Certain
Physical Defects, is amended to add:
"(m) A person who is not
physically qualified to drive under 391.41(b)(1) or (2) and who is not eligible
for a waiver under the provisions of 391.49 (a) through 391.49(l) and who
drives only intrastate, may apply for a waiver from the Director, Motor Vehicle
Division, New Mexico Taxation and Revenue Department, P.O. Box 1028, Santa Fe,
New Mexico, 87504-1028 under 18.19.5.33 NMAC.
[2-3-93; 11-17-93; 4-30-97; 18.2.3.11 NMAC - Rp 18 NMAC 2.3.11, 6-29-00; A, 1/30/04; A, 07-16-07; A,
11-14-08]
18.2.3.12 DRIVING OF MOTOR VEHICLES: The department of public safety hereby
adopts Part 392 of Title 49 of the Code of Federal Regulations (49 CFR 392 -
Driving of Motor Vehicles). All provisions set forth in CFR 49 Part 392 as
adopted are applicable to interstate and intrastate motor carriers, commercial
motor vehicles and employees, with no amendments.
[2-3-93; 11-17-93; 2-14-95; 11-17-95; 4-30-97;
18.2.3.11 NMAC - Rp 18 NMAC 2.3.11, 6-29-00; A,
07-16-07; A, 11-14-08]
18.2.3.13 PARTS AND ACCESSORIES NECESSARY FOR SAFE OPERATION: The department of
public safety hereby adopts Part 393 of Title 49 of the Code of Federal
Regulations (49 CFR 393 - Parts and Accessories Necessary for Safe Operation).
All provisions set forth in CFR 49 Part 393 as adopted are applicable to
interstate and intrastate motor carriers, commercial motor vehicles and
drivers, with no amendments.
[2-3-93; 11-17-93; 4-30-97; 18.2.3.13 NMAC - Rp 18 NMAC 2.3.13, 6-29-00; A, 07-16-07; A, 11-14-08]
18.2.3.14 HOURS OF SERVICE OF DRIVERS: The department of public safety hereby
adopts Part 395 of Title 49 of the Code of Federal Regulations (49 CFR 395 -
Hours of Service of Drivers). All provisions set forth in CFR 49 Part 395 as
adopted are applicable to interstate and intrastate motor carriers, commercial
motor vehicles and employees, with the following amendments: Where the
regulation refers to 100 air mile radius, and the transportation is intrastate,
substitute 150 air mile radius.
[2-3-93; 11-17-93; 11-17-95; 4-30-97; 18.2.3.14 NMAC -
Rp 18 NMAC 2.3.14, 6-29-00; A, 1/30/04; A, 07-16-07;
A, 11-14-08]
18.2.3.15 INSPECTION, REPAIR AND MAINTENANCE: The department of public safety
hereby adopts Part 396 of Title 49 of the Code of Federal Regulations (49 CFR
396 - Inspection, Repair, and Maintenance) and Appendix G (Minimum Periodic
Inspection Standards) of Subchapter B of Chapter III of Title 49 of the Code of
Federal Regulations. All provisions set forth in these parts as adopted are
applicable to interstate and intrastate motor carriers, commercial motor
vehicles and employees, with the following amendments:
A. Part 396.9(a) Personnel authorized to perform inspections is amended to add:
"If the persons have successfully completed approved training, have met
minimum performance standards and have been certified and approved by the director
of the division, all personnel of the motor transportation division, police
officers and any other state inspectors are authorized to enter upon and
perform inspections of motor carriers' vehicles in operation."
B. Part 396.9(b) Prescribed inspection report is amended to add: "The
driver-vehicle inspection form, MTD-10987 and MTD-10988 or computer-generated
facsimile, shall be used to record results of motor vehicle inspections
conducted by personnel of the motor transportation division of the department
of public safety, police officers or other state inspectors authorized to
perform inspections by the director of the motor transportation division."
[2-3-93; 11-17-93; 2-14-95; 11-17-95; 4-30-97;
18.2.3.15 NMAC - Rp 18 NMAC 2.3.15, 6-29-00; A,
07-16-07; A, 11-14-08]
18.2.3.16 TRANSPORTATION OF HAZARDOUS MATERIALS - DRIVING AND PARKING RULES:
The department of public safety hereby adopts Part 397 of Title 49 of the Code
of Federal Regulations (49 CFR 397 - Transportation of Hazardous Materials;
Driving and Parking Rules). All provisions set forth in CFR 49 Part 397 as
adopted are applicable to interstate and intrastate motor carriers, commercial
motor vehicles and employees, with no amendments.
[2-3-93; 11-17-93; 4-30-97; 18.2.3.16 NMAC - Rp 18 NMAC 2.3.16, 6-29-00; A, 07-16-07; A, 11-14-08]
18.2.3.17 ADOPTION OF FEDERAL HAZARDOUS MATERIALS TRANSPORTATION REGULATIONS:
The department of public safety hereby adopts Parts 107, 171, 172, 173, 177,
178 and 180 of Title 49 of the Code of Federal Regulations (49 CFR 107 -
Hazardous Materials Program Procedures, 49 CFR 171 - General Information,
Regulations and Definitions, 49 CFR 172 - Hazardous Materials Table, Special
Provisions, Hazardous Materials Communications Requirements and Emergency
Response Information Requirements, 49 CFR 173 - Shippers - General Requirements
for Shipments and Packaging, 49 CFR 177 - Carriage by Public Highway, 49 CFR
178 - Specifications for Packagings and 49 CFR 180 -
Continuing Qualification and Maintenance of Packagings).
All provisions set forth in these parts as adopted are applicable to interstate
and intrastate motor carriers, commercial motor vehicles and employees, with no
amendments.
[2-3-93; 11-17-93; 11-17-95; 4-30-97; 18.2.3.17 NMAC -
Rp 18 NMAC 2.3.17, 6-29-00; A, 7/31/02; A, 07-16-07;
A, 11-14-08]
HISTORY of 18.2.3
NMAC:
Pre-NMAC History:
TRD 65-3/1990, Regulations Pertaining to the Motor
Carrier Safety Act, Sections 65-3-1 through 65-3-13, 6-15-90.
TRD Rule MCS-93, Regulations Pertaining to the Motor
Carrier Safety Act, Sections 65-3-1 through 65-3-13, 2/3/93.
History of the
Repealed Material:
18 NMAC 2.3, Motor Carrier Safety - Repealed, 6-29-00.