2021 New Mexico Statutes
Chapter 65 - Motor Carriers
Article 1 - Motor Transportation
Section 65-1-2 - Definitions.
As used in the Motor Transportation Act:
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
(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 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 [Chapter 7, Article 16A NMSA 1978] or Trip Tax Act [Chapter 7, Article 15 NMSA 1978] 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 gross 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 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;
O. "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. "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. "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. "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. "secretary" means the secretary of public safety and, except for the purposes of Section 65-1-33 NMSA 1978, also includes a deputy secretary and any division director delegated by the secretary;
T. "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. "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.
History: 1953 Comp., § 64-34-2, enacted by Laws 1978, ch. 19, § 1; 1987, ch. 268, § 11; 1992, ch. 106, § 1; 1993, ch. 294, § 1; 1998 (1st S.S.), ch. 10, § 4; 2003, ch. 10, § 1; 2015, ch. 3, § 31.
ANNOTATIONSRepeals and reenactments. — Laws 1978, ch. 19, § 1, repealed 64-34-2, 1953 Comp. (former 65-1-2 NMSA 1978), and enacted a new 65-1-2 NMSA 1978.
The 2015 amendment, effective July 1, 2015, amended certain definitions in the Motor Transportation Act to reflect the reorganization of the department of public safety; in Subsection D, after "Chapter 66 NMSA 1978, but", added "its", and after "weight", deleted "attributable thereto"; in Subsection H, after "means the", deleted "motor transportation" and added "New Mexico state police"; in Subsection P, after "instrumentality", deleted "thereof"; and in Subsection S, after "purposes of", added "Section", and after "includes, deleted "the" and added "a".
The 2003 amendment, effective July 1, 2003, in Subsection C, substituted the present language of the subsection for the former definition of "commercial motor carrier vehicle"; and deleted "or firm" following "any person" near the beginning of Subsection M.
The 1998 amendment, effective July 1, 1998, substituted "department of public safety" and "secretary of public safety" for "taxation and revenue department" and "secretary of taxation and revenue" in Subsection F; rewrote Subsection H, which read: "'division' or 'motor transportation division' means the department;"; inserted "taxation and revenue" near the beginning of Subsection I; deleted former Subsection K, relating to the definition of "fleet", and redesignated former Subsections L through Q as K through P; deleted former Subsection R, relating to the definition of "preceding year", and redesignated former Subsections S through W as Q through U; and in present Subsection S, substituted "public safety" for "taxation and revenue", and deleted "Sections 65-1-10 and" preceding "65-1-33".
The 1993 amendment, effective July 1, 1993, substituted "Sections 65-1-10 and 65-1-33 NMSA 1978" for "Section 65-1-33 NMSA 1978" in Subsection U.
The 1992 amendment, effective July 1, 1992, substituted "gross vehicle weight" for "gross weight" and twice deleted "or merchandise" following "property" in Subsection C; rewrote Subsection F, which formerly read: " 'department' means the taxation and revenue department"; substituted "secretary" for "head of the division" in Subsection G; rewrote Subsection H, which formerly read: " 'division' means the motor transportation division of the taxation and revenue department"; added present Subsection I; redesignated former Subsection I as present Subsection J, while inserting "stopping of commercial motor carrier vehicles" therein; added present Subsection K; redesignated former Subsections J through M as present Subsections L through O; added present Subsections P through S; redesignated former Subsections N through Q as present Subsections T through W; substituted all of the present language of Subsection U beginning with "secretary of taxation and revenue" for "head of the taxation and revenue department"; and made minor stylistic changes throughout the section.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 60 C.J.S. Motor Vehicles §§ 4, 7(2), 46.
