2011 New Mexico Statutes
Chapter 60: Business Licenses
Article 15: Hoisting Operators Safety, 60-15-1 through 60-15-15
Section 60-15-3: Definitions.

60-15-3. Definitions.

As used in the Hoisting Operators Safety Act [60-15-1 NMSA 1978]:

A. "class I hoisting operator" means any person who is authorized to operate a conventional crane, tower crane or hydraulic crane of any size or weight;

B. "class II hoisting operator" means any person who is authorized to operate:

(1) a hydraulic crane of up to one hundred tons lifting capacity with a maximum boom length of one hundred fifty feet, regardless of mounting or means of mobility; and

(2) any other type or size of crane or hoisting equipment under the direct supervision of a class I hoisting operator;

C. "class III hoisting operator" means any person who is authorized to work as an apprentice, trainee or crane oiler or driver under the direct supervision of a class I or class II hoisting operator;

D. "council" means the hoisting operators licensure examining council;

E. "crane" means a tower crane used in construction, demolition or excavation work; a hydraulic crane; a power-operated derrick; or a mobile, carrier-mounted, track or crawler type power-operated hoisting machine that utilizes a power-operated boom capable of lateral movement by the rotation of the machine on the carrier. "Crane" does not include a crane, except as provided in Subsection M of this section;

F. "department" means the regulation and licensing department;

G. "endorsement" means the authorization stamped on a class I hoisting operator's license indicating authorization to operate a conventional crane, a tower crane or a hydraulic crane of any size or weight;

H. "hoisting equipment" means, except as provided in Subsection M of this section:

(1) a tower crane;

(2) a hydraulic crane with over two tons lifting capacity;

(3) a derrick crane; or

(4) a mobile cable crane;

I. "licensee" means any person licensed under the Hoisting Operators Safety Act;

J. "person" means an individual, firm, partnership, corporation, association or other organization or any combination thereof;

K. "seat time" means the actual hands-on operation of a crane by a class II hoisting operator while under the direct supervision of a licensed class I hoisting operator or by a class III hoisting operator while under the direct supervision of a licensed class I or II hoisting operator;

L. "superintendent" means the superintendent of the regulation and licensing department; and

M. "crane" or "hoisting equipment" does not include any crane or hoisting equipment used in construction, demolition or excavation associated with:

(1) natural gas gather lines;

(2) interstate transmission facilities and interstate natural gas facilities subject to the federal Natural Gas Pipeline Safety Act of 1968 and its amendments;

(3) interstate pipeline facilities and carbon dioxide pipeline facilities subject to the federal Hazardous Liquid Pipeline Safety Act of 1979;

(4) gas and oil pipeline facilities subject to the Pipeline Safety Act [70-3-11 NMSA 1978];

(5) mining, milling or smelting operations subject to mine safety and health administration regulations or occupational safety and health administration regulations;

(6) prefabricated control rooms of natural gas, oil or carbon dioxide pipeline transmission facilities;

(7) oil and gas exploration, production or drilling;

(8) rural electric cooperative and electric, gas and water utility operations;

(9) commercial sign operations;

(10) the construction or operation of railroads; or

(11) the installation and maintenance of telephone or television cable.