New Mexico 2025 Regular Session

New Mexico House Bill HB148 Compare Versions

Only one version of the bill is available at this time.
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2828 HOUSE BILL 148
2929 57TH LEGISLATURE - STATE OF NEW MEXICO - FIRST SESSION, 2025
3030 INTRODUCED BY
3131 Dayan Hochman-Vigil
3232 AN ACT
3333 RELATING TO MOTOR VEHICLES; ENACTING THE AUTONOMOUS VEHICLE
3434 ACT; PROVIDING SAFETY REQUIREMENTS FOR THE OPERATION OF
3535 AUTONOMOUS MOTOR VEHICLES ON PUBLIC HIGHWAYS; REQUIRING THAT A
3636 HUMAN OPERATOR BE PHYSICALLY PRESENT BEHIND THE WHEEL OF AN
3737 OPERATING AUTONOMOUS MOTOR VEHICLE PRIOR TO 2036; PROVIDING
3838 REQUIREMENTS FOR A HUMAN OPERATOR OF AN AUTONOMOUS MOTOR
3939 VEHICLE; REQUIRING TESTING AND SAFETY PLANS; PROVIDING
4040 AUTONOMOUS MOTOR VEHICLE REQUIREMENTS; LIMITING THE OPERATION
4141 OF AUTONOMOUS COMMERCIAL MOTOR VEHICLES ON PUBLIC ROADWAYS;
4242 PROVIDING FOR AUTONOMOUS MOTOR VEHICLE INCIDENT REPORTING;
4343 PROVIDING A COMMERCIAL DRIVER'S LICENSE ENDORSEMENT FOR DRIVING
4444 AN AUTONOMOUS COMMERCIAL MOTOR VEHICLE; ADDING INSURANCE
4545 REQUIREMENTS FOR AUTONOMOUS MOTOR VEHICLES.
4646 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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7474 SECTION 1. Section 66-1-4.1 NMSA 1978 (being Laws 1990,
7575 Chapter 120, Section 2, as amended) is amended to read:
7676 "66-1-4.1. DEFINITIONS.--As used in the Motor Vehicle
7777 Code:
7878 A. "abandoned vehicle" means a vehicle or motor
7979 vehicle that has been determined by a New Mexico law
8080 enforcement agency:
8181 (1) to have been left unattended on either
8282 public or private property for at least thirty days;
8383 (2) not to have been reported stolen;
8484 (3) not to have been claimed by any person
8585 asserting ownership; and
8686 (4) not to have been shown by normal record-
8787 checking procedures to be owned by any person;
8888 B. "access aisle" means a space designed to allow a
8989 person with a significant mobility limitation to safely exit
9090 and enter a motor vehicle that is immediately adjacent to a
9191 designated parking space for persons with significant mobility
9292 limitation and that may be common to two such parking spaces of
9393 at least sixty inches in width or, if the parking space is
9494 designed for van accessibility, ninety-six inches in width, and
9595 clearly marked and maintained with blue striping and, after
9696 January 1, 2011, the words "NO PARKING" in capital letters,
9797 each of which shall be at least one foot high and at least two
9898 inches wide, placed at the rear of the access aisle so as to be
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127127 close to where an adjacent vehicle's rear tires would be
128128 placed;
129129 C. "actual empty weight" means the weight of a
130130 vehicle without a load;
131131 D. "additional place of business", for dealers and
132132 auto recyclers, means locations in addition to an established
133133 place of business as defined in Section 66-1-4.5 NMSA 1978 and
134134 meeting all the requirements of an established place of
135135 business, except Paragraph (5) of Subsection C of Section
136136 66-1-4.5 NMSA 1978, but "additional place of business" does not
137137 mean a location used solely for storage and that is not used
138138 for wrecking, dismantling, sale or resale of vehicles;
139139 E. "alcoholic beverages" means any and all
140140 distilled or rectified spirits, potable alcohol, brandy,
141141 whiskey, rum, gin, aromatic bitters or any similar alcoholic
142142 beverage, including all blended or fermented beverages,
143143 dilutions or mixtures of one or more of the foregoing
144144 containing more than one-half percent alcohol but excluding
145145 medicinal bitters;
146146 F. "authorized emergency vehicle" means any fire
147147 department vehicle, police vehicle and ambulance and any
148148 emergency vehicles of municipal departments or public utilities
149149 that are designated or authorized as emergency vehicles by the
150150 director of the New Mexico state police division of the
151151 department of public safety or local authorities;
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180180 G. "autocycle" means a three-wheeled motorcycle on
181181 which the driver and all passengers ride in a completely or
182182 partially enclosed seating area and that is manufactured to
183183 comply with all applicable federal standards, regulations and
184184 laws and is equipped with:
185185 (1) non-straddle seating;
186186 (2) rollover protection;
187187 (3) safety belts for all occupants;
188188 (4) antilock brakes;
189189 (5) a steering wheel; and
190190 (6) pedals;
191191 H. "automated driving system" means the hardware
192192 and software that are collectively capable of performing the
193193 entire dynamic driving task on a sustained basis, regardless of
194194 whether it is limited to a specific operational design domain;
195195 "automated driving system" is used specifically to describe a
196196 level three, four or five driving automation system as defined
197197 in society of automotive engineers standard J3016, as published
198198 in the Taxonomy and Definitions for Terms Related to Driving
199199 Automation Systems for On-Road Motor Vehicles;
200200 I. "automated driving system manufacturer" means a
201201 person or entity that originally manufactures a vehicle and
202202 equips the vehicle with an automated driving system or, in the
203203 case of a vehicle not equipped with an automated driving system
204204 by its original manufacturer, a person or entity that converts
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233233 the vehicle into an autonomous motor vehicle by equipping it
234234 with an automated driving system;
235235 [I.] J. "autonomous commercial motor vehicle" means
236236 a commercial motor vehicle, as defined in Subsection J of
237237 Section 66-1-4.3 NMSA 1978, that is being controlled by an
238238 automated driving system;
239239 K. "autonomous disengagement" means the
240240 deactivation of a vehicle's automated driving system while it
241241 is operating:
242242 (1) because of a failure or error of the
243243 automated driving system;
244244 (2) when the safe operation of the vehicle
245245 requires a driver or remote operator to take manual control of
246246 the vehicle;
247247 (3) when a human operator or an autonomous
248248 motor vehicle operator is prompted to take control of the
249249 vehicle; or
250250 (4) in any other instance in which the
251251 automated driving system is deactivated due to a malfunction,
252252 degradation or inability of the automated driving system;
253253 [J.] L. "autonomous motor vehicle" means a motor
254254 vehicle that is being controlled by an automated driving
255255 system;
256256 [K.] M. "autonomous motor vehicle operator" means
257257 the person who engages the automated driving system of an
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286286 autonomous motor vehicle or autonomous commercial motor
287287 vehicle;
288288 [L.] N. "autonomous motor vehicle testing" or
289289 "autonomous commercial motor vehicle testing" means activities
290290 taken in full or in part to evaluate and assess:
291291 (1) the automated driving system's performance
292292 of the dynamic driving task; and
293293 (2) the automated driving system's performance
294294 with respect to applicable safety areas as defined by the
295295 [federal] national highway traffic safety administration for
296296 autonomous vehicle operations; [and ]
297297 O. "autonomous vehicle incident" means a crash,
298298 near-crash, collision with a vehicle, person or object,
299299 near-collision, autonomous disengagement, traffic violation,
300300 unplanned stop or other failure of an automated driving system;
301301 and
302302 [M.] P. "auto recycler" means a person engaged in
303303 this state in an established business that includes acquiring
304304 vehicles that are required to be registered under the Motor
305305 Vehicle Code for the purpose of dismantling, wrecking,
306306 shredding, compacting, crushing or otherwise destroying
307307 vehicles for reclaimable parts or scrap material to sell."
308308 SECTION 2. Section 66-1-4.5 NMSA 1978 (being Laws 1990,
309309 Chapter 120, Section 6, as amended) is amended to read:
310310 "66-1-4.5. DEFINITIONS.--As used in the Motor Vehicle
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339339 Code:
340340 A. "electric-assisted bicycle" means a vehicle
341341 having two or three wheels, fully operable pedals and an
342342 electric motor. Electric-assisted bicycles are classified as
343343 follows:
344344 (1) "class 1 electric-assisted bicycle" means
345345 an electric-assisted bicycle equipped with a motor not
346346 exceeding seven hundred fifty watts of power that provides
347347 assistance only when the rider is pedaling and that ceases to
348348 provide assistance when the bicycle reaches a speed of twenty
349349 miles per hour;
350350 (2) "class 2 electric-assisted bicycle" means
351351 an electric-assisted bicycle equipped with a motor not
352352 exceeding seven hundred fifty watts of power that provides
353353 assistance regardless of whether the rider is pedaling but
354354 ceases to provide assistance when the bicycle reaches a speed
355355 of twenty miles per hour; and
356356 (3) "class 3 electric-assisted bicycle" means
357357 an electric-assisted bicycle equipped with a motor not
358358 exceeding seven hundred fifty watts of power that provides
359359 assistance only when the rider is pedaling and that ceases to
360360 provide assistance when the bicycle reaches a speed of twenty-
361361 eight miles per hour;
362362 B. "electric mobility device" means a two- or
363363 three-wheel vehicle with an electric motor for propulsion that
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392392 does not meet the definition of an electric-assisted bicycle
393393 and is capable of exceeding a speed of twenty miles per hour on
394394 motor power alone;
395395 C. "electric personal assistive mobility device"
396396 means a self-balancing device having two nontandem wheels
397397 designed to transport a single person by means of an electric
398398 propulsion system with an average power of one horsepower and
399399 with a maximum speed on a paved level surface of less than
400400 twenty miles per hour when powered solely by its propulsion
401401 system and while being ridden by an operator who weighs one
402402 hundred seventy pounds;
403403 D. "electronic credential" means an electronic
404404 extension of the department-issued physical credential that
405405 conveys identity and driving privilege information;
406406 E. "electronic credential system" means a digital
407407 process that includes a method for loading electronic
408408 credentials onto a device, issuing electronic credentials,
409409 requesting and transmitting electronic credential data elements
410410 and performing tasks to maintain the system;
411411 F. "essential parts" means all integral and body
412412 parts of a vehicle of a type required to be registered by the
413413 provisions of the Motor Vehicle Code, the removal, alteration
414414 or substitution of which would tend to conceal the identity of
415415 the vehicle or substantially alter its appearance, model, type
416416 or mode of operation;
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445445 G. "established place of business", for a dealer or
446446 auto recycler, means a place:
447447 (1) devoted exclusively to the business for
448448 which the dealer or auto recycler is licensed and related
449449 business;
450450 (2) identified by a prominently displayed sign
451451 giving the dealer's or auto recycler's trade name used by the
452452 business;
453453 (3) of sufficient size or space to permit the
454454 display of one or more vehicles or to permit the parking or
455455 storing of vehicles to be dismantled or wrecked for recycling;
456456 (4) on which there is located an enclosed
457457 building on a permanent foundation, which building meets the
458458 building requirements of the community and is large enough to
459459 accommodate the office or offices of the dealer or auto
460460 recycler and large enough to provide a safe place to keep the
461461 books and records of the dealer or auto recycler;
462462 (5) where the principal portion of the
463463 business of the dealer or auto recycler is conducted and where
464464 the books and records of the business are kept and maintained;
465465 and
466466 (6) where vehicle sales are of new vehicles
467467 only, such as a department store or a franchisee of a
468468 department store, as long as the department store or franchisee
469469 keeps the books and records of its vehicle business in a
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498498 general office location at its place of business; as used in
499499 this paragraph, "department store" means a business that offers
500500 a variety of merchandise other than vehicles, and sales of the
501501 merchandise other than vehicles constitute at least eighty
502502 percent of the gross sales of the business; [and ]
503503 H. "evidence of financial responsibility" means
504504 evidence of the ability to respond in damages for liability, on
505505 account of accidents occurring subsequent to the effective date
506506 of the evidence, arising out of the ownership, maintenance or
507507 use of a vehicle of a type subject to registration under state
508508 laws; and
509509 [H.] I. "explosives" means any chemical compound or
510510 mechanical mixture that is commonly used or intended for the
511511 purpose of producing an explosion and that contains any
512512 oxidizing and combustive units or other ingredients in such
513513 proportions, quantities or packing that an ignition by fire,
514514 friction, concussion, percussion or detonator of any part of
515515 the compound or mixture may cause such a sudden generation of
516516 highly heated gases that the resultant gaseous pressures are
517517 capable of producing destructive effects on contiguous objects
518518 or of destroying life or limb."
519519 SECTION 3. Section 66-1-4.8 NMSA 1978 (being Laws 1990,
520520 Chapter 120, Section 9, as amended) is amended to read:
521521 "66-1-4.8. DEFINITIONS.--As used in the Motor Vehicle
522522 Code:
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551551 A. "hazardous material" means a substance or
552552 material in a quantity and form that may pose an unreasonable
553553 risk to health, safety or property when transported in
554554 commerce;
555555 B. "highway" or "street" means every way or place
556556 generally open to the use of the public as a matter of right
557557 for the purpose of vehicular travel, even though it may be
558558 temporarily closed or restricted for the purpose of
559559 construction, maintenance, repair or reconstruction;
560560 C. "historic or special interest vehicle" means a
561561 vehicle of any age that, because of its significance, is being
562562 collected, preserved, restored or maintained by a collector as
563563 a leisure pursuit;
564564 D. "horseless carriage" means a motor vehicle at
565565 least thirty-five years old that is owned as a collector's item
566566 and used solely for exhibition and educational purposes; [and ]
567567 E. "house trailer" means a manufactured home; and
568568 F. "human operator" means, with regard to an
569569 autonomous motor vehicle, the person who is seated in the
570570 driver's seat of the vehicle, or, if there is no person in the
571571 driver's seat, the person who causes the automated driving
572572 system to engage."
573573 SECTION 4. A new section of the Motor Vehicle Code,
574574 Section 66-3A-1 NMSA 1978, is enacted to read:
575575 "66-3A-1. [NEW MATERIAL ] SHORT TITLE.--Chapter 66,
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604604 Article 3A NMSA 1978 may be cited as the "Autonomous Vehicle
605605 Act"."
606606 SECTION 5. A new section of the Motor Vehicle Code,
607607 Section 66-3A-2 NMSA 1978, is enacted to read:
608608 "66-3A-2. [NEW MATERIAL ] OPERATION OF AUTONOMOUS MOTOR
609609 VEHICLES--HUMAN OPERATOR--PROHIBITIONS--EXCEPTIONS.--
610610 A. Prior to 2036, an autonomous motor vehicle shall
611611 not be operated on a public highway in New Mexico unless a
612612 human operator is physically present behind the steering wheel
613613 of the vehicle, the human operator has the ability at all times
614614 to take immediate control of the vehicle and the human
615615 operator:
616616 (1) has the proper driver's license
617617 classification and all proper endorsements required for the
618618 type of vehicle being operated, including, for an autonomous
619619 commercial motor vehicle, a license endorsement authorizing
620620 operation of such a vehicle pursuant to Paragraph (9) of
621621 Subsection D of Section 66-5-65 NMSA 1978;
622622 (2) is competent to operate the vehicle and
623623 the automated driving system; and
624624 (3) for an autonomous commercial motor
625625 vehicle, is an employee, contractor or other person designated
626626 by the automated driving system manufacturer.
627627 B. An autonomous motor vehicle shall not be
628628 operated in autonomous mode and a human operator shall take
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657657 control of the vehicle:
658658 (1) when the vehicle is required by law to
659659 yield to an emergency vehicle or school bus;
660660 (2) within a school zone or a construction
661661 zone;
662662 (3) within any area designated for parking at
663663 a public park, playground, school, library, swimming facility
664664 or other sports facility; or
665665 (4) outside of the operating conditions
666666 approved by the department of transportation in its statement
667667 of approval issued pursuant to Subsection B of Section 66-3A-3
668668 NMSA 1978.
669669 C. The operation of an autonomous commercial motor
670670 vehicle on a public highway in New Mexico is prohibited except
671671 for the purposes of testing performed in accordance with the
672672 requirements of the Autonomous Vehicle Act until and unless
673673 operation for purposes other than testing has been approved by
674674 rule of the national highway traffic safety administration."
675675 SECTION 6. A new section of the Motor Vehicle Code,
676676 Section 66-3A-3 NMSA 1978, is enacted to read:
677677 "66-3A-3. [NEW MATERIAL ] AUTONOMOUS MOTOR VEHICLES--
678678 REQUIREMENTS FOR OPERATION ON PUBLIC HIGHWAY.--
679679 A. An autonomous motor vehicle shall not be
680680 operated on a public highway in New Mexico unless the owner,
681681 operator or automated driving system manufacturer:
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710710 (1) provides certification to the department
711711 of transportation that the make and model of vehicle being
712712 tested or operated has been operated in autonomous mode with
713713 the same automated driving system for at least ten thousand
714714 miles without incident and provide supporting data to the
715715 department of transportation; and
716716 (2) submits a plan that is approved by the
717717 department of transportation in the manner and form required by
718718 that department. In addition to any other requirements that
719719 the department of transportation adopts by rule, the plan
720720 shall:
721721 (a) describe how the owner or operator
722722 of the vehicle will minimize safety risks to other road users;
723723 (b) describe the operating conditions
724724 and geographical locations where the testing will be conducted;
725725 and
726726 (c) demonstrate that the vehicle is
727727 capable of operating in those conditions with limited human
728728 intervention.
729729 B. The department of transportation shall review
730730 plans submitted pursuant to pursuant to Paragraph (2) of
731731 Subsection A of this section and issue a statement of approval
732732 only upon a finding that the requirements of that paragraph
733733 have been met and the operating conditions described in the
734734 plan do not present an unreasonable risk of harm to pedestrians
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763763 and other motorists."
764764 SECTION 7. A new section of the Motor Vehicle Code,
765765 Section 66-3A-4 NMSA 1978, is enacted to read:
766766 "66-3A-4. [NEW MATERIAL ] AUTONOMOUS MOTOR VEHICLES--
767767 VEHICLE REQUIREMENTS.--An autonomous motor vehicle shall not be
768768 operated on a public highway in New Mexico unless the vehicle:
769769 A. has a mechanism that records and stores data
770770 from the vehicle's sensors, including sensors for the automated
771771 driving system. On the occurrence of an autonomous vehicle
772772 incident or a malfunction, error, failure or degraded state of
773773 operation by the automated driving system, the mechanism shall
774774 capture, store and preserve for three years the sensor data
775775 starting at least thirty seconds before and capturing the
776776 entirety of the autonomous vehicle incident or malfunction,
777777 error, failure or degraded state of operation;
778778 B. is equipped with an inward- and outward-facing
779779 dashboard camera that automatically records video footage of
780780 any autonomous vehicle incident and stores the footage for no
781781 less than three years;
782782 C. has a visual indicator in the cabin to indicate
783783 when the automated driving system is engaged;
784784 D. has a mechanism to safely alert the human
785785 operator of a failure of the automated driving system;
786786 E. allows the human operator of the vehicle to take
787787 control of the vehicle in multiple, safe and simple manners;
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817817 F. if the vehicle is an autonomous commercial motor
818818 vehicle, has a valid department of transportation number and
819819 current operating authority as a motor carrier to perform
820820 testing of autonomous commercial motor vehicles. Any testing
821821 of that vehicle shall be under that operating authority."
822822 SECTION 8. Section 66-7-12 NMSA 1978 (being Laws 2021,
823823 Chapter 114, Section 7) is recompiled as Section 66-3A-5 NMSA
824824 1978 and is amended to read:
825825 "66-3A-5. AUTONOMOUS MOTOR VEHICLES--NOTIFICATION AND
826826 REGULATION OF TESTING.--
827827 A. Prior to testing an autonomous motor vehicle [or
828828 an autonomous commercial motor vehicle ] on a public highway in
829829 New Mexico, a person owning or operating [such a ] the motor
830830 vehicle shall notify the department of transportation at least
831831 five calendar days in advance of such operation on a form
832832 provided by rule by the department of at least the following
833833 information:
834834 (1) the serial number and type of each motor
835835 vehicle to be tested;
836836 (2) the routes to be used by the motor
837837 vehicles;
838838 (3) the level of automated driving systems to
839839 be used by the motor vehicles; and
840840 (4) such additional information as may be
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869869 required by the department of transportation by rule.
870870 B. The department of transportation shall
871871 promulgate rules regarding the notification and regulation
872872 process provided for in Subsection A of this section, including
873873 forms to be used and information to be submitted by operators
874874 of autonomous motor vehicles and autonomous commercial motor
875875 vehicles when testing such motor vehicles on public highways in
876876 New Mexico."
877877 SECTION 9. Section 66-7-13 NMSA 1978 (being Laws 2021,
878878 Chapter 114, Section 8) is recompiled as Section 66-3A-6 NMSA
879879 1978 and is amended to read:
880880 "66-3A-6. AUTONOMOUS MOTOR VEHICLES--STANDARDS--LOCAL
881881 REGULATION.--
882882 A. Autonomous motor vehicles [and autonomous
883883 commercial motor vehicles ] shall meet all applicable state and
884884 federal motor vehicle safety standards and performance
885885 requirements. Additionally, autonomous motor vehicles and
886886 autonomous commercial motor vehicles shall [be capable of being
887887 operated] at all times operate in compliance with applicable
888888 traffic and motor vehicle laws in New Mexico.
889889 B. With regard to an autonomous motor vehicle
890890 operated in the state, the performance of a safety system
891891 required by state or federal law or regulation or the overall
892892 safety of the vehicle shall not be disabled or degraded.
893893 [B.] C. No political subdivision of the state may,
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922922 by ordinance, resolution or any other means, prohibit the
923923 testing or operation of an autonomous motor vehicle or
924924 autonomous commercial motor vehicle within the jurisdictional
925925 boundaries of the political subdivision solely on the basis of
926926 the motor vehicle being equipped with an automated driving
927927 system."
928928 SECTION 10. A new section of the Motor Vehicle Code,
929929 Section 66-3A-7 NMSA 1978, is enacted to read:
930930 "66-3A-7. [NEW MATERIAL ] AUTONOMOUS MOTOR VEHICLES--
931931 COLLISION, INJURY OR DAMAGE--REPORTING--AUTONOMOUS VEHICLE
932932 INCIDENT.--
933933 A. The owner or operator of an autonomous motor
934934 vehicle shall submit a report to the department of
935935 transportation on January 1 and July 1 of every year that
936936 details all autonomous vehicle incidents by the vehicle. The
937937 report shall include the total number of collisions, rate of
938938 collisions, total employees, change in employees since the
939939 owner or operator began operating an autonomous motor vehicle
940940 and, for an autonomous vehicle incident:
941941 (1) the date, time and location;
942942 (2) the vehicle identification number or other
943943 identifying information if a vehicle identification number is
944944 not available;
945945 (3) general facts and circumstances of the
946946 incident, including the number of passengers, passenger
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975975 interactions, injuries, property damage, road conditions,
976976 traffic and weather conditions and interactions with other road
977977 users or obstacles;
978978 (4) a detailed narrative of the incident
979979 written in language that a nontechnical person can reasonably
980980 understand;
981981 (5) information related to the performance of
982982 the autonomous driving system, including whether it was engaged
983983 during or in the thirty seconds prior to the automated vehicle
984984 incident, any errors, failures, malfunctions or inabilities of
985985 the automated driving system, whether an autonomous
986986 disengagement occurred and telematics data;
987987 (6) the specific traffic law violated, if any;
988988 (7) the existence of any known video footage
989989 of the incident, including footage captured pursuant to Section
990990 66-3A-4 NMSA 1978, the footage of which shall be submitted with
991991 the report; and
992992 (8) other information required by the
993993 department of transportation.
994994 B. If an autonomous motor vehicle or autonomous
995995 commercial motor vehicle is involved in a collision on a public
996996 road that results in property damage, bodily injury to a person
997997 or the death of a person, the owner or operator of the vehicle
998998 shall report the collision to the department of transportation
999999 within forty-eight hours of the collision.
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10281028 C. By December of each year beginning in 2026, the
10291029 department of transportation shall submit a report to the
10301030 interim legislative committee that studies transportation. The
10311031 report shall evaluate the performance and impact of autonomous
10321032 motor vehicles on public safety and employment, including a
10331033 summary of the autonomous disengagements, autonomous vehicle
10341034 incidents, impact on transportation sector employees and a
10351035 recommendation on whether the legislature should modify
10361036 autonomous motor vehicle statutes."
10371037 SECTION 11. Section 66-5-65 NMSA 1978 (being Laws 1989,
10381038 Chapter 14, Section 14, as amended) is amended to read:
10391039 "66-5-65. CLASSIFICATIONS--ENDORSEMENTS--RESTRICTIONS.--
10401040 A. Commercial driver's licenses may be issued with
10411041 the classifications, endorsements and restrictions enumerated
10421042 in Subsections B, C and D of this section, provided that the
10431043 applicant has passed the knowledge and skills test required by
10441044 the department. The holder of a valid commercial driver's
10451045 license may drive all vehicles in the class for which that
10461046 license is issued and all lesser classes of vehicles except
10471047 motorcycles and vehicles that require an endorsement, unless
10481048 the proper endorsement appears on the license.
10491049 B. The following classifications shall apply to
10501050 commercial driver's licenses:
10511051 (1) class A - any combination of vehicles with
10521052 a gross combination weight rating of more than twenty-six
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10811081 thousand pounds, if the gross vehicle weight rating of the
10821082 vehicle or vehicles being towed is in excess of ten thousand
10831083 pounds;
10841084 (2) class B - any single vehicle with a gross
10851085 vehicle weight rating of more than twenty-six thousand pounds
10861086 and any such vehicle towing a vehicle with a gross vehicle
10871087 weight rating of ten thousand pounds or less; and
10881088 (3) class C - any single vehicle or
10891089 combination of vehicles that does not meet either the
10901090 definition of Paragraph (1) or (2) of this subsection but is:
10911091 (a) designed to transport sixteen or
10921092 more passengers, including the driver; or
10931093 (b) used in the transportation of
10941094 hazardous materials, which requires the vehicle to be placarded
10951095 under applicable law.
10961096 C. The secretary, by regulation, may provide for
10971097 classifications in addition to those set forth in Subsection B
10981098 of this section.
10991099 D. The following endorsements and restrictions
11001100 shall apply to commercial driver's licenses:
11011101 (1) "H" - authorizes driving a vehicle
11021102 transporting hazardous material;
11031103 (2) "L" - restricts the driver to vehicles not
11041104 equipped with airbrakes;
11051105 (3) "T" - authorizes driving a vehicle towing
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11341134 more than one trailer;
11351135 (4) "P" - authorizes driving vehicles, other
11361136 than school buses, carrying passengers;
11371137 (5) "N" - authorizes driving tank vehicles;
11381138 (6) "X" - represents a combination of the
11391139 hazardous material ("H") and tank vehicle ("N") endorsements;
11401140 (7) "S" - authorizes driving a school bus;
11411141 [and]
11421142 (8) "K" - restricts the driver to driving a
11431143 commercial motor vehicle in intrastate commerce only; and
11441144 (9) "AV" - authorizes driving an autonomous
11451145 commercial motor vehicle .
11461146 E. The department shall require an applicant
11471147 requesting a hazardous material ("H") endorsement to be subject
11481148 to a background check pursuant to the federal Uniting and
11491149 Strengthening America by Providing Appropriate Tools Required
11501150 to Intercept and Obstruct Terrorism Act of 2001. Information
11511151 received pursuant to a background check required by the federal
11521152 transportation security administration of the department of
11531153 homeland security shall be kept confidential and shall be
11541154 released only to the subject of the background check and the
11551155 division. Fees charged for the background check shall be borne
11561156 by the subject of the background check or by the employer.
11571157 F. The department shall promulgate rules governing
11581158 the prerequisites for an applicant to receive the endorsement
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11871187 authorized by Paragraph (9) of Subsection D of this section,
11881188 which shall, at minimum, include certification to the
11891189 department by an automated driving system manufacturer or the
11901190 manufacturer's designated representative that the applicant has
11911191 successfully completed a training course provided by that
11921192 manufacturer or the manufacturer's designated representative. "
11931193 SECTION 12. Section 66-5-208 NMSA 1978 (being Laws 1978,
11941194 Chapter 35, Section 282, as amended) is amended to read:
11951195 "66-5-208. EVIDENCE OF FINANCIAL RESPONSIBILITY--AMOUNTS
11961196 AND CONDITIONS.--Evidence of financial responsibility [as used
11971197 in the Mandatory Financial Responsibility Act, means evidence
11981198 of the ability to respond in damages for liability, on account
11991199 of accidents occurring subsequent to the effective date of the
12001200 evidence, arising out of the ownership, maintenance or use of a
12011201 vehicle of a type subject to registration under the laws of New
12021202 Mexico] shall be in the following amounts:
12031203 A. twenty-five thousand dollars ($25,000) because
12041204 of bodily injury to or death of one person in any one accident;
12051205 B. subject to this limit for one person, fifty
12061206 thousand dollars ($50,000) because of bodily injury to or death
12071207 of two or more persons in any one accident;
12081208 C. ten thousand dollars ($10,000) because of injury
12091209 to or destruction of property of others in any one accident;
12101210 [and]
12111211 D. if evidence is in the form of a surety bond or a
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12401240 cash deposit, the total amount shall be sixty thousand dollars
12411241 ($60,000);
12421242 E. for an autonomous motor vehicle, one hundred
12431243 fifty thousand dollars ($150,000) because of death, bodily
12441244 injury and property damage; and
12451245 F. for an autonomous commercial motor vehicle, five
12461246 million dollars ($5,000,000) because of death, bodily injury
12471247 and property damage."
12481248 SECTION 13. EFFECTIVE DATE.--The effective date of the
12491249 provisions of this act is January 1, 2026.
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