2018 New Mexico Statutes
Chapter 66 - Motor Vehicles
Article 7 - Traffic Laws; Signs, Signals and Markings; Accidents; Weight and Size; Traffic Safety
Section 66-7-413 - Permits for excessive size and weight; special notification required on movement of manufactured homes.

A. The department of public safety and local highway authorities may, in their discretion, upon application in writing and good cause being shown, issue a special permit in writing authorizing the applicant to operate or move a vehicle or load of a size or weight exceeding the maximum specified in Sections 66-7-401 through 66-7-416 NMSA 1978 on a highway under the jurisdiction of the state transportation commission or local authorities. Except for the movement of manufactured homes, a permit may be granted, in cases of emergency, for the transportation of loads on a certain unit or combination of equipment for a specified period of time not to exceed one year, and the permit shall contain the route to be traversed, the type of load to be transported and any other restrictions or conditions deemed necessary by the body granting the permit. In every other case, the permit shall be issued for a single trip and may designate the route to be traversed and contain any other restrictions or conditions deemed necessary by the body granting the permit. Every permit shall be carried in the vehicle to which it refers and shall be opened for inspection to any peace officer. It is a misdemeanor for a person to violate a condition or term of the special permit.

B. The department of public safety shall promulgate rules in accordance with the State Rules Act [Chapter 14, Article 4 NMSA 1978] pertaining to safety practices, liability insurance and equipment for escort vehicles provided by the motor carrier and for escort vehicles provided by a private business in this state.

(1) The department of public safety shall provide the escort personnel with a copy of applicable rules and shall inspect the escort vehicles for the safety equipment required by the rules. If the escort vehicles and personnel meet the requirements set forth in the rules, the department of public safety shall issue the special permit.

(2) The movement of vehicles upon the highways of this state requiring a special permit and required to use an escort of the type noted in Paragraph (1) of this subsection is subject to department of public safety authority and inspection at all times.

(3) The department of transportation shall conduct engineering investigations and engineering inspections to determine which four-lane highways are safe for the operation or movement of manufactured homes without an escort. After making that determination, the department of transportation shall hold public hearings in the area of the state affected by the determination, after which it may adopt rules designating those four-lane highways as being safe for the operation or movement of manufactured homes without an escort. If a portion of such a four-lane highway lies within the boundaries of a municipality, the department of transportation, after obtaining the approval of the municipal governing body, shall include such portions in its rules.

C. Except for the movement of manufactured homes, special permits may be issued for a single vehicle or combination of vehicles by the department of public safety for a period not to exceed one year for a fee of two hundred fifty dollars ($250). The special permits may allow excessive height, length and width for a vehicle or combination of vehicles or load thereon and may include a provision for excessive weight if the weight of the vehicle or combination of vehicles is not greater than one hundred forty thousand pounds. Utility service vehicles, operating with special permits pursuant to this subsection, shall be exempt from prohibitions or restrictions relating to hours or days of operation or restrictions on movement because of poor weather conditions.

D. Special permits for a single trip for a vehicle or combination of vehicles or load thereon of excessive weight, width, length and height may be issued by the department of public safety for a single vehicle for a fee of twenty-five dollars ($25.00) plus the product of two and one-half cents ($.025) for each two thousand pounds in excess of eighty-six thousand four hundred pounds or major fraction thereof multiplied by the number of miles to be traveled by the vehicle or combination of vehicles on the highways of this state.

E. If a vehicle for which a permit is issued pursuant to this section is a manufactured home, the department of public safety or local highway authority issuing the permit shall furnish the following information to the property tax division of the taxation and revenue department, which shall forward the information:

(1) to the county assessor of a county from which a manufactured home is being moved, the date the permit was issued, the location being moved from, the location being moved to if within the same county, the name of the owner of the manufactured home and the identification and registration numbers of the manufactured home;

(2) to the county assessor of any county in this state to which a manufactured home is being moved, the date the permit was issued, the location being moved from, the location being moved to, the name of the owner of the manufactured home and the registration and identification numbers of the manufactured home; and

(3) to the owner of a manufactured home having a destination in this state, notification that the information required in Paragraphs (1) and (2) of this subsection is being given to the respective county assessors and that manufactured homes are subject to property taxation.

F. Except as provided in Subsection G of this section, if the movement of a manufactured home originates in this state, a permit shall not be issued pursuant to Subsection E of this section until the owner of the manufactured home or the authorized agent of the owner obtains and presents to the department of public safety proof that a certificate has been issued by the county assessor or treasurer of the county in which the manufactured home movement originates showing that either:

(1) all property taxes due or to become due on the manufactured home for the current tax year or any past tax years have been paid, except for manufactured homes located on an Indian reservation; or

(2) liability for property taxes on the manufactured home does not exist for the current tax year or a past tax year, except for manufactured homes located on an Indian reservation.

G. The movement of a manufactured home from the lot or business location of a manufactured home dealer to its destination designated by an owner-purchaser is not subject to the requirements of Subsection F of this section if the manufactured home movement originates from the lot or business location of the dealer and the manufactured home was part of the dealer's inventory prior to the sale to the owner-purchaser; however, the movement of a manufactured home by a dealer or the dealer's authorized agent as a result of a sale or trade-in from a nondealer-owner is subject to the requirements of Subsection F of this section whether the destination is the business location of a dealer or some other destination.

H. A permit shall not be issued pursuant to this section for movement of a manufactured home whose width exceeds eighteen feet with no more than a six-inch roof overhang on the left side or twelve inches on the right side in addition to the eighteen-foot width of the manufactured home. Manufactured homes exceeding the limitations of this section shall only be moved on dollies placed on the front and the rear of the structure.

I. The secretary of public safety may by rule provide for movers of manufactured homes to self-issue permits for certain sizes of manufactured homes over specific routes. The cost of a permit shall not be less than twenty-five dollars ($25.00).

J. The secretary of public safety may provide by rule for dealers of implements of husbandry to self-issue permits for the movement of certain sizes of implements of husbandry from the lot or business location of the dealer over specific routes with specific escort requirements, if necessary, to a destination designated by an owner-purchaser or for purposes of a working demonstration on the property of a proposed owner-purchaser. The department of public safety shall charge a fee for each self-issued permit not to exceed fifteen dollars ($15.00).

K. A private motor carrier requesting an oversize or overweight permit shall provide proof of insurance in at least the following amounts:

(1) bodily injury liability, providing:

(a) fifty thousand dollars ($50,000) for each person; and

(b) one hundred thousand dollars ($100,000) for each accident; and

(2) property damage liability, providing twenty-five thousand dollars ($25,000) for each accident.

L. A motor carrier requesting an oversize permit shall produce a copy of a warrant or a single state registration receipt as evidence that the motor carrier maintains the insurance minimums prescribed by the public regulation commission.

M. The department of public safety may provide by rule the time periods during which a vehicle or load of a size or weight exceeding the maximum specified in Sections 66-7-401 through 66-7-416 NMSA 1978 may be operated or moved by a motor carrier on a highway under the jurisdiction of the state transportation commission or local authorities.

N. An applicant for a special permit to operate a vehicle or combination of vehicles with a gross weight not exceeding ninety-six thousand pounds within six miles of the port of entry at the border with Mexico at Santa Teresa or within a circular quadrant starting at that port of entry with an east boundary line running due north twelve miles from the Santa Teresa port of entry to a point, then along an arc to the west with a twelve-mile radius and central angle of approximately ninety degrees to a point on the international boundary with Mexico, then returning due east twelve miles to the starting point at that port of entry, and twelve miles of other ports of entry on the border with Mexico shall not be required to demonstrate to the department of public safety that the load cannot be reduced as a condition of the issuance of the permit.

O. Revenue from fees for special permits authorizing vehicles and loads of excessive size or weight to operate or move upon a highway under the jurisdiction of the state transportation commission or local authorities shall be collected for the department of transportation and transferred to the state road fund.

History: 1953 Comp., § 64-7-413, enacted by Laws 1978, ch. 35, § 484; 1980, ch. 61, § 1; 1983, ch. 295, § 31; 1986, ch. 82, § 1; 1990, ch. 21, § 3; 1993, ch. 104, § 1; 1995, ch. 135, § 22; 2003, ch. 141, § 4; 2003, ch. 142, § 23; 2003, ch. 359, § 42; 2003, ch. 361, § 1; 2003 (1st S.S.), ch. 3, § 21; 2005, ch. 258, § 4; 2007, ch. 209, § 11; 2011, ch. 58, § 1; 2015, ch. 48, § 2.

Cross references. — For requirement of an escort for movement of hazardous vehicles, see 66-7-314 NMSA 1978.

For the penalty for a misdemeanor, see 66-8-7 NMSA 1978.

For the penalty assessment for violation, see 66-8-116 NMSA 1978.

For state transportation commission, see N.M. Const., art. V, § 14 and 67-3-2 NMSA 1978.

For county assessor, see 4-39-2 NMSA 1978 et seq.

For county treasurer, see 4-43-2 NMSA 1978 et seq.

For motor transportation division in department of public safety, see 9-19-4 NMSA 1978.

For state transportation department, see 67-3-6 NMSA 1978.

The 2015 amendment, effective June 19, 2015, expanded when the state transportation commission or local authorities may restrict the right to use streets; in Subsection N, after "within", added "six miles of the port of entry at the border with Mexico at Santa Teresa or within a circular quadrant starting at that port of entry with an east boundary line running due north twelve miles from the Santa Teresa port of entry to a point, then along an arc to the west with a twelve-mile radius and central angle of approximately ninety degrees to a point on the international boundary with Mexico, then returning due east twelve miles to the starting point at that port of entry, and twelve", and after "miles of", deleted "a port" and added "other ports".

The 2011 amendment, effective July 1, 2011, added Subsection N to provide that the operator of an overweight vehicle that is operated within six miles of a port of entry on the border with Mexico is not required to demonstrate, as a condition for a permit, that the load cannot be reduced.

The 2007 amendment, effective July 1, 2007, eliminated the charge for movement of loads wider than twenty feet or for a distance greater than five miles.

The 2005 amendment, effective April 6, 2005, deleted the former provision of Subsection C(1) that if the escort vehicles and personnel meet the requirements of the rules, the department shall not charge an escort fee and that if the motor carrier provides its own escort vehicles and personnel, the department shall require the motor carrier to have a warrant from the public regulation commission; provided in Subsection D that the special permit may include a provision for excessive weight if the weight is not greater than one hundred forty thousand pounds; and deletes the former provision in Subsection D that the special permit may include a provision for excessive weight if the distance traveled is within a one hundred twenty-five miles radius of the origin of the trip.

The 2003 amendment, effective July 1, 2003, substituted "state transportation commission" for "state highway commission" in the first sentence of Subsection A; substituted "public regulation commission" for "state corporation commission" in the first and second sentences of Paragraph C(2) and at the end of Subsection M; added the last sentence in D; and inserted "of the department" following "tax division" in F.

Section 66-7-413 NMSA 1978 was also amended by Laws 2003, ch. 141, § 4, Laws 2003, ch. 142, § 23 and Laws 2003, ch. 359, § 42. The section was set out as amended by Laws 2003, ch. 361, § 1. See 12-1-8 NMSA 1978.

The 2003 (1st S.S.) amendment, effective July 1, 2004, inserted "of public safety" following "department" in Subsections A, B, C, D, F, G and K and following "secretary" in Subsections J and K, substituted "a" for "any" preceding "highway" near the end of the first sentence and "a person to violate a condition or term" for "any person to violate any of the conditions or terms" in the last sentence of Subsection A, "a" for "any" preceding "load" near the beginning of Subsection B, and "rules" for "regulations" near the beginning of the introductory language of Subsection C, rewrote Paragraph (1), deleted former Paragraph (2), redesignated former Paragraphs (3) and (4) as present Paragraphs (2) and (3), and substituted "Paragraph (1)" for "Paragraphs (1) and (2)" in Paragraph (2), "department of transportation" for "state highway and transportation department" in the first, second, and last sentences, "rules" for "regulations" in the second sentence and at the end of the last sentence, and "a" for "any" near the beginning of the last sentence of Paragraph (3) of that subsection, "two hundred fifty dollars ($250)" for "sixty dollars ($60.00)" at the end of the first sentence, and "the distance traveled by the vehicle or combination of vehicles is within a seventy-five mile radius of the origin of the trip" for "the operation is to be within the vicinity of a municipality" at the end of the second sentence of Subsection D. The amendment also rewrote Subsection E, substituted "a" for "the" preceding "vehicle" and "pursuant to" for "under" preceding "this section" near the beginning, inserted "taxation and revenue" preceding "department," and deleted "then" following "which shall" near the end of the introductory language of Subsection F, substituted "a" for "any" preceding "county" near the beginning of Paragraph (1) of that subsection, and "a permit shall not be issued pursuant to" for "no permit shall be issued under" and "the authorized agent of the owner" for "his authorized agent" in the introductory language of Subsection G, and deleted "no" preceding "liability" and substituted "does not exist" for "exists," and "a past tax year" for "any past tax years" in Paragraph (2) of that subsection. Further, the amendment substituted "the dealer's" for "his" preceding "inventory" and preceding "authorized agent" near the middle of Subsection H, "a permit shall not be issued pursuant to" for "no permit shall be issued under" at the beginning of Subsection I, "rule" for "regulation" and "the cost of a permit shall not be less than twenty-five dollars ($25.00)" for "however, in no case may the cost of a permit be less than fifteen dollars ($15.00)" in Subsection J, "rule" for "regulation" near the beginning of Subsection K, and "a" for "any" at the beginning of Subsection L, substituted "a" for "any common" at the beginning and "warrant or a single state registration receipt as" for "form 'e' or other acceptable" near the middle and deleted "common" preceding "motor carrier" near the end of Subsection M, and added Subsections N and O.

Compiler's notes. — Laws 2003 (1st S.S.), ch. 3, § 21, as enacted by the legislature, included the provision "the department of public safety shall issue a special permit within twenty-four hours of the department's receipt of a completed application for the special permit" at the end of Subsection E; however, the provision was vetoed by the governor.

The 1995 amendment, effective June 16, 1995, substituted "department" for "motor transportation division" throughout the section and substituted "shall" for "must" in the introductory language of Subsection L and in Subsection M.

The 1993 amendment, effective, July 1, 1993, deleted "of the taxation and revenue department" following "secretary" near the beginning of Subsection J, inserted present Subsection K, and redesignated the remaining subsections accordingly.

The 1990 amendment, effective July 1, 1990, substituted "restrictions" for "restriction" in the third sentence in Subsection A, substituted "state highway and transportation department" for "state highway department" in three places in Paragraph (4) of Subsection C, added Subsections I to L, and made minor stylistic changes in Subsection A and Paragraph (4) of Subsection C.

The 1986 amendment substituted "three hundred dollars ($300)" for "one hundred fifty dollars ($150)" in the first sentence of Subsection B.

Liability for negligence in permit issuance. — Any negligent conduct of the Department of Transportation (DOT) in authorizing oversize loads traveling over New Mexico highways is actionable under the Tort Claims Act, Sections 41-4-1 to 41-4-27 NMSA 1978, as such activity is within the scope of the waiver provision, Section 41-4-11 NMSA 1978. Miller v. New Mexico Dep't of Transp., 1987-NMSC-081, 106 N.M. 253, 741 P.2d 1374, superseded by statute, Rutherford v. Chaves Cnty., 2003-NMSC-010, 133 N.M. 756, 69 P.3d 1199.

Power to administer weight and size regulations properly delegated. — The power to administer the general regulations controlling the weight and size of vehicles to be operated on the highways of the state of New Mexico which were enacted by the legislature and to grant exceptions to them, when necessary, has been properly delegated to the motor transportation department (now state transportation commission). 1969 Op. Att'y Gen. No. 69-18.

Regulation of oversize vehicles must be reasonable. — The use of the highways by vehicles of excess weight, size, length and load may be regulated or limited in consideration of possible injuries to the highway as well as to those using it. This power to regulate is not absolute but is subject to the constitutional provision that no person shall be deprived of property without due process of law. The test of the validity of all such limitations, under the Due Process Clause, is that of reasonableness, and any regulation is void if it is so arbitrary or unreasonable as to become an infringement of the right of ownership. 1961-62 Op. Att'y Gen. No. 62-105.

Otherwise void as infringement of ownership right. — Recognizing that the state highway commission (now state transportation commission) has the power to enforce the statute and to supplement it with rules and regulations,

Power to issue permits discretionary. — Section 64-23-22, 1953 Comp. (similar to this section), gives the motor transportation department (now department of public safety) discretionary power to issue permits allowing the operation of vehicles which are not in compliance with the weight and size limitation contained in Sections 64-23-12 through 64-23-25, 1953 Comp. (similar to Sections 66-7-401 to 66-7-416 NMSA 1978), if in its discretion it deems this action to be reasonably necessary. 1969 Op. Att'y Gen. No. 69-18.

Type of load and route traversed may be specified. — The highway commission (now department of public safety) may, in its discretion, grant a permit if the conditions prescribed by Section 64-23-22, 1953 Comp. (similar to this section), have been met to the commission's satisfaction. The highway commission may grant such permits and specify the type of loads to be transported, the route or routes to be traversed and may impose such other restrictions or conditions which are reasonably deemed to be necessary. 1961-62 Op. Att'y Gen. No. 62-105.

Escort fee collected only if police do escorting. — The specificity of Section 64-23-22B, 1953 Comp. (similar to Subsection B of this section), refers to the collection of fees, not to providing a state police escort. Therefore, if a state police escort is used, it is mandatory that the department (now department of public safety) collect certain fees. 1972 Op. Att'y Gen. No. 72-21.

Am. Jur. 2d, A.L.R. and C.J.S. references. — Moving of buildings on highways, validity, construction, and application of statute or other regulation affecting, 83 A.L.R.2d 464.

Liability for accident occurring in motor transportation of house or similar structure on public streets or highways, 9 A.L.R.3d 1436.