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HOUSE BILL 30
57
TH LEGISLATURE
-
STATE
OF
NEW
MEXICO
-
FIRST SESSION
,
2025
INTRODUCED BY
Kathleen Cates
AN ACT
RELATING TO MOTOR CARRIERS; AMENDING AND ENACTING SECTIONS OF
THE MOTOR CARRIER SAFETY ACT; PROVIDING REQUIREMENTS FOR MOTOR
CARRIERS OF RAILROAD EMPLOYEES; PROVIDING REQUIREMENTS FOR THE
DRIVERS, VEHICLES AND EQUIPMENT OF MOTOR CARRIERS OF RAILROAD
EMPLOYEES; AUTHORIZING THE DEPARTMENT OF TRANSPORTATION TO
INSPECT, REVIEW, AUDIT AND INVESTIGATE TO ENSURE COMPLIANCE
WITH THE MOTOR CARRIER SAFETY ACT; LIMITING HOURS OF SERVICE OF
DRIVERS OF MOTOR CARRIERS OF RAILROAD EMPLOYEES; APPLYING
EXISTING SAFETY BELT REQUIREMENTS TO ALL MOTOR CARRIERS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 65-1-2 NMSA 1978 (being Laws 1978,
Chapter 19, Section 1, as amended) is amended to read:
"65-1-2. DEFINITIONS.--As used in the Motor
Transportation Act:
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A. "combination" means any connected assemblage of
a motor vehicle and one or more semitrailers, trailers or
semitrailers converted to trailers by means of a converter
gear;
B. "combination gross vehicle weight" means the sum
total of the gross vehicle weights of all units of a
combination;
C. "commercial motor carrier vehicle" means a self-
propelled or towed vehicle, other than special mobile
equipment, used on public highways in commerce to transport
passengers or property when the vehicle:
(1) is operated interstate and has a gross
vehicle weight rating or gross combination weight rating, or
gross vehicle weight or gross combination weight, of four
thousand five hundred thirty-six kilograms, or ten thousand one
pounds or more; or 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
twenty-six thousand one or more pounds;
(2) is designed or used to transport more than
eight passengers, including the driver, and is used to
transport passengers for compensation;
(3) is designed or used to transport more than
fifteen passengers, including the driver, and is not used to
transport passengers for compensation; or
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(4) is used to transport hazardous materials
of the type or quantity requiring placarding under rules
prescribed by applicable federal or state law;
D. "converter gear" means any assemblage of one or
more axles with a fifth wheel mounted thereon, designed for use
in a combination to support the front end of a semitrailer but
not permanently attached thereto. A "converter gear" shall not
be considered a vehicle as that term is used in Chapter 66 NMSA
1978, but its weight shall be included in declared gross
weight;
E. "declared gross weight" means maximum gross
vehicle weight or combination gross vehicle weight at which a
vehicle or combination will be operated during the registration
period as declared by the registrant for registration and fee
purposes. The vehicle or combination shall have only one
"declared gross weight" for all operating considerations;
F. "department", without modification, means the
department of public safety, the secretary of public safety or
any employee of the department exercising authority lawfully
delegated to that employee by the secretary;
G. "director" means the secretary;
H. "division" means the New Mexico state police
division of the department;
I. "evidence of registration" means documentation
issued by the taxation and revenue department identifying a
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motor carrier vehicle as being registered with New Mexico or
documentation issued by another state pursuant to the terms of
a multistate agreement on registration of vehicles to which
this state is a party identifying a motor carrier vehicle as
being registered with that state; provided that evidence of
payment of the weight distance tax and permits obtained under
either the Special Fuels Supplier Tax Act or Trip Tax Act are
not "evidence of registration";
J. "field enforcement" or "in the field" means
patrolling of the highway, stopping of commercial motor carrier
vehicles or establishing ports of entry and roadblocks for the
purpose of checking motor carriers and includes similar
activities;
K. "freight trailer" means any trailer, semitrailer
or pole trailer drawn by a truck tractor or road tractor and
any trailer, semitrailer or pole trailer drawn by a truck that
has a gross vehicle weight of more than twenty-six thousand
pounds, but the term does not include house trailers, trailers
of less than one-ton carrying capacity used to transport
animals or fertilizer trailers of less than three thousand five
hundred pounds empty weight;
L. "gross vehicle weight" means the weight of a
vehicle without load plus the weight of any load thereon;
M. "motor carrier" means any person that owns,
controls, operates or manages any motor vehicle with a gross
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vehicle weight of twelve thousand pounds or more that is used
to transport persons or property on the public highways of this
state;
N. "motor carrier of railroad employees" means a
person that owns, controls, operates or manages a motor vehicle
of any vehicle weight that is used to transport employees of a
railroad corporation on the public highways of New Mexico;
[N.] O. "motor vehicle" means any vehicle or device
that is propelled by an internal combustion engine or electric
motor power that is used or may be used on the public highways
for the purpose of transporting persons or property and
includes any connected trailer or semitrailer;
P. "on-duty time" means time from when a driver
begins to work, or is required to be in readiness to work,
until the time the driver is relieved from work and includes
time spent:
(1) driving;
(2) at a terminal, facility or other property
of a contract carrier;
(3) waiting to be dispatched;
(4) in working hours by a driver while under
employment or agreement with another employer who is not a
motor carrier of railroad employees; and
(5) inspecting, servicing, conditioning or
attending to a vehicle;
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[O.] Q. "one-way rental fleet" means two or more
vehicles each having a gross vehicle weight of under twenty-six
thousand one pounds and rented to the public without a driver;
[P.] R. "person" means any individual, estate,
trust, receiver, cooperative association, club, corporation,
company, firm, partnership, joint venture, syndicate or other
association; "person" also means, to the extent permitted by
law, any federal, state or other governmental unit or
subdivision or an agency, department or instrumentality;
"person" also includes an officer or employee of a corporation,
a member or employee of a partnership or any individual who, as
such, is under a duty to perform any act in respect of which a
violation occurs;
[Q.] S. "properly registered" means bearing the
lawfully issued and currently valid evidence of registration of
this or another jurisdiction, regardless of the owner's
residence, except in those cases where the evidence has been
procured by misrepresentation or fraud;
[R.] T. "public highway" means every way or place
generally open to the use of the public as a matter of right
for the purpose of vehicular travel, even though it may be
temporarily closed or restricted for the purpose of
construction, maintenance, repair or reconstruction;
[S.] U. "secretary" means the secretary of public
safety and, except for the purposes of Section 65-1-33 NMSA
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1978, also includes a deputy secretary and any division
director delegated by the secretary;
[T.] V. "state" or "jurisdiction" means a state,
territory or possession of the United States, the District of
Columbia, the commonwealth of Puerto Rico, a foreign country or
a state or province of a foreign country; and
[U.] W. "utility trailer" means any trailer,
semitrailer or pole trailer and includes house trailers that
exceed neither eight feet in width nor forty feet in length,
but does not include freight trailers, trailers of less than
one-ton carrying capacity used to transport animals or
fertilizer trailers of less than three thousand five hundred
pounds empty weight."
SECTION 2. Section 65-3-1 NMSA 1978 (being Laws 1989,
Chapter 201, Section 2) is amended to read:
"65-3-1. SHORT TITLE.--[Sections 65-3-1 through 65-3-13 ]
Chapter 65, Article 3 NMSA 1978 may be cited as the "Motor
Carrier Safety Act"."
SECTION 3. Section 65-3-3 NMSA 1978 (being Laws 1989,
Chapter 201, Section 4, as amended) is amended to read:
"65-3-3. APPLICABILITY.--
A. Notwithstanding any provision of the Motor
Vehicle Code to the contrary, the provisions of the Motor
Carrier Safety Act and the regulations promulgated under that
act shall apply to a motor carrier of railroad employees and a
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commercial motor carrier vehicle operating on the public
highways of New Mexico of a type that:
(1) is operated interstate and has a gross
vehicle weight rating or gross combination weight rating, or
gross vehicle weight or gross combination weight, of four
thousand five hundred thirty-six kilograms, or ten thousand one
pounds or more; or 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
twenty-six thousand one or more pounds;
(2) is designed or used to transport more than
eight passengers, including the driver, and is used to
transport passengers for compensation;
(3) is designed or used to transport more than
fifteen passengers, including the driver, and is not used to
transport passengers for compensation; or
(4) is used to transport hazardous materials
of the type or quantity requiring placarding under rules
prescribed by applicable federal or state law.
B. Whenever a commercial motor carrier vehicle of
one type is used to perform the functions normally performed by
a motor vehicle of another type, the requirements of the Motor
Carrier Safety Act shall apply to that motor vehicle and to its
operation as if that motor vehicle were actually a motor
vehicle of the latter type.
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C. Whenever a duty is prescribed for a driver or a
prohibition is imposed upon the driver pursuant to the
provisions of the Motor Carrier Safety Act, it shall be the
duty of the motor carrier to require observance of such
prescription or prohibition. If the motor carrier is also the
driver, the motor carrier shall likewise be bound."
SECTION 4. Section 65-3-4 NMSA 1978 (being Laws 1989,
Chapter 201, Section 5, as amended) is amended to read:
"65-3-4. REGULATIONS--INSPECTIONS.--
A. The secretary is directed to adopt in accordance
with Section [65-1-10 ] 9-11-6.2 NMSA 1978 necessary rules [and
regulations] under the Motor Carrier Safety Act as they apply
to motor carrier safety. Such rules [and regulations ] shall
not be inconsistent with or more stringent than applicable
federal safety standards.
B. The department is authorized to inspect at the
motor carrier's place of business those safety records required
to be retained by the motor carrier pursuant to the provisions
of the Motor Carrier Safety Act.
C. The department is authorized to enter, at a
reasonable time and place, a vehicle or facility of a motor
carrier of railroad employees for the purposes of an
inspection, safety review, audit or accident investigation to
ensure compliance with the provisions of the Motor Carrier
Safety Act."
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SECTION 5. A new section of the Motor Carrier Safety Act,
Section 65-3-6.1 NMSA 1978, is enacted to read:
"65-3-6.1. [NEW MATERIAL ] MOTOR CARRIER OF RAILROAD
EMPLOYEES--REQUIREMENTS.--
A. A motor carrier of railroad employees shall:
(1) implement a policy that provides for
annual training and certification of its drivers in the:
(a) safe operation of the motor vehicles
used for transport;
(b) relevant laws, rules of the road and
safety policies;
(c) handling of emergency situations;
(d) proper use of seat belts;
(e) performance of pre-trip and post-
trip vehicle inspections and keeping records of these
inspections; and
(f) proper maintenance of required
records;
(2) confirm its drivers are not disqualified
pursuant to Section 65-3-7.2 NMSA 1978 by performing a criminal
background check of each driver, which shall include:
(a) a criminal history check of the
state criminal records repository; and
(b) if a driver has resided in New
Mexico for less than five years, a criminal history check from
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each state of residence for the previous five years;
(3) annually verify its drivers have valid
driver's licenses;
(4) keep and maintain records documenting that
the motor carrier of railroad employees meets the requirements
of this subsection, including maintaining at its principal
place of business:
(a) a driver qualification file for each
driver who transports passengers pursuant to the Motor Carrier
Safety Act; and
(b) records of pre-trip and post-trip
vehicle inspections;
(5) maintain liability insurance in an amount
no less than five million dollars ($5,000,000) for each of its
vehicles, regardless of a vehicle's seating capacity;
(6) maintain uninsured and underinsured
coverage in an amount no less than one million dollars
($1,000,000) for each of its vehicles;
(7) ensure inspection of each vehicle in
accordance with the requirements of the Motor Vehicle Code and
maintain records of these inspections for at least one year
following the date of inspection; and
(8) implement a mandatory alcohol and
controlled substance testing program pursuant to Section
65-3-14 NMSA 1978 that consists of pre-employment testing,
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post-accident testing, random testing, reasonable suspicion
testing, return-to-duty testing and follow-up testing.
B. A driver qualification file shall be retained
for at least one year following the date of separation of
employment or termination of contract of a driver from the
motor carrier. A driver qualification file shall include at
minimum:
(1) a copy of the driver's most recent
physical examination required pursuant to Section 65-3-7.1 NMSA
1978;
(2) a copy of the driver's current driver's
license;
(3) documentation of annual license
verification;
(4) documentation of completion of the
required annual training;
(5) documentation of any violations of motor
vehicle or traffic laws; and
(6) responses from previous employers, if
required by the current employer.
C. If a party contracts with a motor carrier of
railroad employees on behalf of the railroad corporation to
transport the railroad employees, then the insurance
requirements provided by this section may be satisfied by
either that party or the motor carrier, so long as the
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motor carrier is a named insured or additional insured under
any policy."
SECTION 6. A new section of the Motor Carrier Safety Act,
Section 65-3-7.1 NMSA 1978, is enacted to read:
"65-3-7.1. [NEW MATERIAL ] MOTOR CARRIER OF RAILROAD
EMPLOYEES--DRIVER REQUIREMENTS.--
A. A driver of a motor carrier of railroad
employees shall not transport passengers of a railroad
corporation, and a motor carrier of railroad employees shall
not permit a driver to transport passengers of a railroad
corporation, unless the driver:
(1) has been issued a currently valid motor
vehicle operator's license or permit of the proper class for
the vehicle that the person is operating;
(2) has passed in the previous calendar year a
physical examination that meets the requirements for commercial
motor vehicle operators specified in 49 C.F.R. Part 391; and
(3) performs pre-trip and post-trip vehicle
inspections to ensure the vehicle meets the vehicle and
equipment requirements of the Motor Carrier Safety Act.
B. While transporting passengers of a railroad
corporation, a driver of a motor carrier of railroad employees
shall not communicate over or otherwise operate a handheld
device when the vehicle is in motion or is a part of traffic."
SECTION 7. A new section of the Motor Carrier Safety Act,
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Section 65-3-7.2 NMSA 1978, is enacted to read:
"65-3-7.2. [NEW MATERIAL ] MOTOR CARRIER OF RAILROAD
EMPLOYEES--DISQUALIFICATION OF DRIVERS--REPORTING.--
A. A person who is convicted of driving under the
influence of intoxicating liquor or drugs pursuant to Section
66-8-102 NMSA 1978, whose driver's license is revoked pursuant
to the Implied Consent Act or who is convicted of or has the
person's driver's license revoked under a similar statute or
ordinance of another state, shall not transport employees of a
railroad corporation for a motor carrier of railroad employees
for five years from the date of conviction.
B. A person who is convicted pursuant to the
Controlled Substances Act of a felony of any degree shall not
transport employees of a railroad corporation for a motor
carrier of railroad employees for two years from the date of
conviction.
C. A person who is convicted of three or more
moving violations within three years shall not transport
employees of a railroad corporation for a motor carrier of
railroad employees for one year from the date of the last
conviction.
D. A driver who is convicted as described in this
section while employed by or under contract with a motor
carrier of railroad employees shall report the conviction to
the carrier within ten calendar days of the date of the
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conviction."
SECTION 8. A new section of the Motor Carrier Safety Act,
Section 65-3-8.1 NMSA 1978, is enacted to read:
"65-3-8.1. [NEW MATERIAL ] MOTOR CARRIER OF RAILROAD
EMPLOYEES--REQUIREMENTS--VEHICLE--EQUIPMENT.--A driver of a
motor carrier of railroad employees shall not transport
passengers of a railroad corporation and a motor carrier of
railroad employees shall not permit a driver to transport
passengers of a railroad corporation unless:
A. the motor vehicle being used to transport
passengers is designed to transport ten or fewer persons,
including the driver; and
B. the following are maintained on the motor
vehicle being used:
(1) tires that meet the same requirements as
for a motor vehicle pursuant to 49 C.F.R. Section 393.75;
(2) a full-size spare tire that is fully
inflated;
(3) properly functioning safety belts,
pursuant to Section 66-3-875 NMSA 1978, for the driver and
every passenger being transported;
(4) a properly functioning heater, defroster
and air conditioner;
(5) a windshield, side windows and a rear
window that are clear of any obstructions;
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(6) a working cellular telephone or two-way
radio capable of contacting personnel of the railroad
corporation that employs the passengers being transported;
(7) a global positioning system device capable
of identifying the vehicle's current location;
(8) an emergency road kit, which shall
contain, at minimum, a blanket, flares or reflective triangles,
jumper cables and a secured fire extinguisher;
(9) a safety glass hammer or belt cutter;
(10) space for personal baggage storage, so
that all baggage can be secured in a manner that prevents entry
into or flight within the vehicle cabin; and
(11) a vehicle identification marking in
accordance with department rules that:
(a) identifies the legal or a single
trade name of the motor carrier and bears an inscription
identifying the vehicle as used by a motor carrier of railroad
employees;
(b) is located on both sides of the
vehicle; and
(c) is in letters that contrast sharply
in color with the background on which the letters are placed
and that are large enough to be legible during daylight hours
by a person of average eyesight from a distance of at least
fifty feet."
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SECTION 9. Section 65-3-11 NMSA 1978 (being Laws 1989,
Chapter 201, Section 11) is amended to read:
"65-3-11. HOURS OF SERVICE OF DRIVERS.--
A. The director shall adopt rules [and regulations ]
not inconsistent with [nor ] or more stringent than applicable
federal safety standards concerning the hours of service of
drivers and the requirements of this section .
[A.] B. These [regulations] rules shall include but
not be limited to maximum driving and on-duty time, travel
time, maintenance of a driver's log or record of duty status,
adverse driving conditions, emergency conditions and emergency
transportation.
[B.] C. These [regulations] rules shall authorize a
driver to be placed out-of-service for driving or working too
many hours or any other conditions identified in federal safety
standards and found by the director to contribute to unsafe
operations. The out-of-service conditions shall preclude a
driver from driving until the condition for placing the driver
out-of-service is remedied.
D. A motor carrier of railroad employees shall not
allow or require a driver to:
(1) drive for more than ten consecutive hours
since the driver's last eight consecutive hours off duty;
(2) work more than fifteen consecutive hours
of combined on-duty time and drive time since the driver's last
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eight consecutive hours off duty; or
(3) drive or remain on duty for a combined
total of more than seventy hours in any period of eight
consecutive days.
E. A driver of a motor carrier of railroad
employees who, while on duty, encounters an emergency and
cannot, because of that emergency, safely complete a
transportation assignment within the time limits of Subsection
D of this section shall drive for not more than two additional
hours in order to complete that transportation assignment or to
reach a place offering safety for the occupants of the vehicle
and security for the transport motor vehicle if the
transportation assignment reasonably could have been completed
within the allowable period absent the emergency.
F. A motor carrier of railroad employees shall
maintain and retain for a period of not less than six months
accurate time records that show for each day the:
(1) time a driver reports for duty;
(2) total number of hours of on-duty time for
a driver;
(3) time a driver is released from duty; and
(4) total number of hours driven by a driver.
G. For the purposes of Subsection D of this
section, after twenty-four consecutive hours off duty, a driver
of a motor carrier of railroad employees begins a new seven-
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consecutive-day period and on-duty time is reset to zero. "
SECTION 10. Section 65-3-14 NMSA 1978 (being Laws 2007,
Chapter 151, Section 1, as amended) is amended to read:
"65-3-14. DRUG AND ALCOHOL TESTING PROGRAM--REPORT OF
POSITIVE TEST.--
A. A motor carrier or a motor carrier of railroad
employees shall have an in-house drug and alcohol testing
program that meets the requirements of 49 C.F.R. part 382 or be
a member of a consortium, as defined in 49 C.F.R. part 382.107,
that provides testing that meets the requirements of 49 C.F.R.
part 382.
B. A person or entity specified in 49 C.F.R. part
382.103, who is not explicitly excepted by New Mexico law, is
subject to the provisions of this section and shall report
positive test results or a refusal to submit to a test pursuant
to provisions in this section. A refusal to submit to a pre-
employment test shall not be considered a violation of this
section.
C. When a person or entity specified in 49 C.F.R.
part 382.103 determines that a positive test result is valid,
the person or entity shall report the findings to the motor
vehicle division of the taxation and revenue department. The
motor vehicle division shall enter the report of a positive
test result or refusal to submit to a test on the reported
person's motor vehicle record so that it can be contained in
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the commercial driver's license information system pursuant to
the New Mexico Commercial Driver's License Act.
D. The division shall keep the report of a positive
test result or the refusal to submit to a test in the motor
vehicle record of the driver for five years from the time the
report was received by the motor vehicle division.
E. The division shall seek reports from the federal
commercial driver's license drug and alcohol clearinghouse for
actions relating to commercial driver's licenses or commercial
driver's permits."
SECTION 11. Section 66-3-875 NMSA 1978 (being Laws 1978,
Chapter 35, Section 181) is amended to read:
"66-3-875. SAFETY BELTS--TYPE AND MANNER OF
INSTALLATION.--All safety belts required in [Section 64-3-874
NMSA 1953] Chapters 65 and 66 NMSA 1978 shall be of a type and
shall be installed in a manner approved by the division [of
motor vehicles]. The division shall establish specifications
and requirements for approved types of safety belts and
attachments [thereto]. The division shall accept, as approved,
all [seat] safety belt installations and the belts and anchors
meeting the [society of automotive engineers' ] specifications
of SAE international."
SECTION 12. EFFECTIVE DATE.--The effective date of the
provisions of this act is January 1, 2026.
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