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HOUSE BILL 270
56
TH LEGISLATURE
-
STATE
OF
NEW
MEXICO
-
FIRST SESSION
,
2023
INTRODUCED BY
Harry Garcia
AN ACT
RELATING TO MOTOR VEHICLES; AMENDING SECTION 66-7-401 NMSA 1978
(BEING LAWS 1978, CHAPTER 35, SECTION 472) TO AUTHORIZE THE
SECRETARY OF TRANSPORTATION TO ISSUE ORDERS SUSPENDING OR
MODIFYING THE REQUIREMENTS FOR VEHICULAR SIZE, WEIGHT AND LOAD
PURSUANT TO CHAPTER 66, ARTICLE 7 NMSA 1978 FOR THE DURATION OF
A NATIONAL EMERGENCY DECLARED PURSUANT TO FEDERAL LAW OR AN
EMERGENCY DECLARED BY THE GOVERNOR PURSUANT TO THE EMERGENCY
POWERS CODE; PROVIDING THAT THE ORDERS ARE REQUIRED TO BE
PUBLISHED ON THE DEPARTMENT OF TRANSPORTATION'S WEBSITE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 66-7-401 NMSA 1978 (being Laws 1978,
Chapter 35, Section 472) is amended to read:
"66-7-401. SCOPE AND EFFECT [OF ARTICLE ].--
A. It is a misdemeanor for any person to drive or
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move or for the owner, lessee or other person directing the
operation to cause or permit to be driven or moved on any
highway any vehicle [or vehicles ] of a size or weight exceeding
the limitations stated in Sections [64-7-401 through 64-7-416
NMSA 1953] 66-7-401 through 66-7-416 NMSA 1978 or otherwise in
violation of [said] those sections, and the maximum size and
weight of vehicles herein specified shall be lawful
[thoroughout] throughout this state, and local authorities
shall have no power or authority to alter [said ] the
limitations except as express authority may be granted in
[said] Sections 66-7-401 through 66-7-416 NMSA 1978 .
B. The provisions of Sections [64-7-401 through
64-7-416 NMSA 1953] 66-7-401 through 66-7-416 NMSA 1978
governing size, weight and load shall not apply to fire
apparatus, road machinery engaged in highway construction or
maintenance or to implements of husbandry, including farm
tractors, temporarily moved upon a highway or to a vehicle
operated under the terms of a special permit issued as herein
provided.
C. Upon the declaration of a national emergency
pursuant to federal law or a declaration by the governor of an
emergency pursuant to the Emergency Powers Code, the secretary
of transportation may issue an order suspending or modifying
the requirements for vehicular size, weight and load pursuant
to Sections 66-7-401 through 66-7-416 NMSA 1978 for the
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duration of the emergency; provided that the order shall be
published on the department of transportation's website. "
SECTION 2. EFFECTIVE DATE.--The effective date of the
provisions of this act is July 1, 2023.
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