2024 New Mexico Statutes
Chapter 65 - Motor Carriers
Article 5 - Procedures for Vehicles Entering or Leaving State
Section 65-5-3 - Clearance certificates; types of carriers.
After inspection of the vehicle and related documentation and any necessary registration, clearance certificates or special permits may be issued by the department for:
A. commercial motor carrier vehicles operating in compliance with the provisions of the Motor Carrier Act [Chapter 65, Article 2A NMSA 1978] when:
(1) all taxes and registration fees required by the laws of this state upon the vehicles and contents of the vehicles have been paid and all other laws and rules and regulations of departments of this state applicable to the vehicles and contents have been complied with; and
(2) the operator or owner of the vehicle is not in default or delinquent in the payment of any tax, the filing of any report or the observance of any requirements of the Motor Carrier Act;
B. commercial motor carrier vehicles classified and designated in law as exempt when:
(1) all taxes required by the laws of this state upon the contents of the vehicles have been paid and all other laws and rules and regulations of departments of this state applicable to the contents have been complied with; and
(2) the vehicles have been registered in this state or another state and evidence of registration, including proper display of registration plates, required by the laws of this state is provided;
C. commercial motor carrier vehicles not registered or licensed in this state that are transporting passengers for hire or property for hire or resale when:
(1) all taxes and registration fees required by the laws of this state upon the vehicles and contents of the vehicles have been paid and all other laws and rules and regulations of departments of this state applicable to the vehicles and contents have been complied with;
(2) the vehicle is properly covered by liability insurance in accordance with the provisions of the Motor Carrier Act and the rules of the department of transportation; and
(3) the trip tax has been fully paid; and
D. commercial motor carrier vehicles not registered or licensed in this state that are transporting property not for hire or resale when:
(1) all taxes required by the laws of this state upon the contents of the vehicles have been paid and all other laws, rules and regulations applicable to such contents have been complied with; and
(2) the trip tax has been fully paid.
History: 1941 Comp., § 68-1529, enacted by Laws 1943, ch. 125, § 10; 1953 Comp., § 64-30-10; Laws 1967, ch. 97, § 39; 1992, ch. 106, § 20; 2023, ch. 100, § 64.
ANNOTATIONSThe 2023 amendment, effective July 1, 2024, removed a reference to the state corporation commission due to the transfer of certain powers and duties to the department of transportation; and in Subsection C, Paragraph C(2), after "rules of the", deleted "state corporation commission" and added "department of transportation".
The 1992 amendment, effective July 1, 1992, rewrote this section to the extent that a detailed comparison would be impracticable.
Legislative intent. — Although the wording of this section is not entirely clear, it appears that the intention of the legislature was to include and describe therein all types of commercial motor vehicle operations. Certain types under Subsections A and B were to be given clearance certificates or special permits. All other types would then fall under Subsections C and D. As to those a mileage tax is assessed. 1956 Op. Att'y Gen. No. 56-6447 (rendered under prior law).
Meaning of "registration". — The reference to "registration" means that if such carrier is required under licensing statutes to obtain a license tag, such inspection station shall require a purchase of such license tag. 1954 Op. Att'y Gen. No. 54-5940 (rendered prior to 1992 amendment).
