HB 270
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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.--
A. It is a misdemeanor for any person to drive or
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 of a size or weight exceeding the
limitations stated in Sections 66-7-401 through 66-7-416 NMSA
1978 or otherwise in violation of those sections, and the
maximum size and weight of vehicles herein specified shall be
lawful throughout this state, and local authorities shall
have no power or authority to alter the limitations except as HB 270
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express authority may be granted in Sections 66-7-401 through
66-7-416 NMSA 1978.
B. The provisions of Sections 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 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.