45th legislature - STATE OF NEW MEXICO - first session, 2001

RELATING TO MOTOR VEHICLES; ENACTING THE BORDER MOTOR CARRIER ACT TO FACILITATE CROSS-BORDER PASSAGE OF CERTAIN MOTOR VEHICLES AND OPERATION OF CERTAIN VEHICLES IN THE STATE.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

Section 1. SHORT TITLE.--This act may be cited as the "Border Motor Carrier Act".

Section 2. DEFINITIONS.--As used in the Border Motor Carrier Act:

A. "border" means the border between this state and the United Mexican States;

B. "border commercial zone" means a commercial zone established pursuant to federal law or regulations, any portion of which is contiguous to the border in this state;

C. "commercial motor vehicle" includes a foreign commercial motor vehicle;

D. "department" means the taxation and revenue department;

E. "division" means the motor vehicle division of the department;

F. "foreign commercial motor vehicle" means a commercial motor vehicle that is owned or controlled by a person that is domiciled in or a citizen of a country other than the United States; and

G. "motor carrier" includes a foreign motor carrier and a foreign motor private carrier.

Section 3. BORDER COMMERCIAL ZONE--BOUNDARIES--PREEMPTION OF CERTAIN STATE AND POLITICAL SUBDIVISION ACTS.--The territory within the boundaries of Dona Ana and Luna counties constitute the border commercial zone. Neither the state nor a county or municipality within the border commercial zone shall enact a law, ordinance or rule that regulates the operation of motor carriers or commercial motor vehicles in the transportation of cargo across the border or the operation of foreign commercial motor vehicles within an area adjacent to the border.

Section 4. REGISTRATION EXEMPTION IN BORDER COMMERCIAL ZONE.--

A. A foreign commercial motor vehicle is exempt from requirements for motor vehicle registration in this state, including temporary registration, if:

(1) the motor vehicle is engaged solely in transportation of cargo across the border into or from a border commercial zone;

(2) for each load of cargo transported, the motor vehicle remains in this state:

(a) not more than twenty-four hours; or

(b) not more than forty-eight hours if: 1) the motor vehicle is unable to leave this state within twenty-four hours because of circumstances beyond the control of the motor carrier operating the motor vehicle; and 2) all financial responsibility requirements applying to the motor vehicle are satisfied;

(3) the motor vehicle is registered and licensed as required by the law of another state or country as evidenced by a valid metal license plate attached to the front or rear of the exterior of the motor vehicle; and

(4) the country in which the person that owns or controls the motor vehicle is domiciled or is a citizen provides a reciprocal exemption for commercial motor vehicles owned or controlled by residents of this state.

B. A foreign commercial motor vehicle and its driver operating under the exemptions of this section may be considered unregistered if the motor vehicle is operated in this state outside the border commercial zone or in violation of United States law.

Section 5. FINANCIAL RESPONSIBILITY.--The division shall adopt rules that conform with federal law requiring motor carriers operating foreign commercial motor vehicles in this state to maintain financial responsibility.

Section 6. DOMESTIC TRANSPORTATION.--A foreign motor carrier or foreign motor private carrier shall not transport persons or cargo in intrastate commerce in this state unless the carrier is authorized to conduct operations in interstate and foreign commerce domestically between points in the United States under federal law or international agreement.

Section 7. ANNUAL PERMITS.--

A. The division may issue an annual permit to a foreign commercial motor vehicle, trailer, semitrailer or motor bus that:

(1) is subject to registration in this state; and

(2) is not authorized to travel on a public highway because of the lack of registration in this state or the lack of reciprocity with the state or country in which the motor vehicle is registered.

B. A permit issued under this section is in lieu of registration and is valid for a vehicle registration year to begin on the first day of a calendar month designated by the division and end on the last day of the last calendar month of the registration year.

C. A person may obtain a permit under this section by:

(1) applying to the division;

(2) paying a fee in the amount provided for in Section 66-6-4 NMSA 1978 in cash or by postal money order or certified check; provided that the division shall not charge the tire recycling fee; and

(3) furnishing evidence of financial responsibility for the motor vehicle that complies with rules of the division.

D. The division may:

(1) adopt rules to administer this section; and

(2) prescribe an application for a permit and other forms to carry out the provisions of this section.

E. A person who violates a provision of this section is guilty of a misdemeanor and may be punished by a fine of not less than one hundred dollars ($100) or more than five hundred dollars ($500) or imprisonment not to exceed ninety days.

Section 8. TEMPORARY PERMITS.--

A. The division may issue a temporary permit for a commercial motor vehicle, trailer, semitrailer, or motor bus that:

(1) is owned by a resident of the United States or the United Mexican States;

(2) is subject to registration in this state; and

(3) is not authorized to travel on a public highway because of the lack of registration in this state or the lack of reciprocity with the state or country in which the vehicle is registered.

B. A permit issued under this section is in lieu of registration and is valid for the period stated on the permit, effective from the date and time shown on the receipt issued as evidence of registration under this section.

C. A person may obtain a permit under this section by applying to the division and:

(1) paying a fee in cash or by postal money order or certified check of twenty-five dollars ($25.00) for a seventy-two hour permit or fifty dollars ($50.00) for a one hundred forty-four hour permit; and

(2) furnishing the division evidence of financial responsibility for the vehicle that complies with rules adopted by the division.

D. The division may:

(1) adopt rules to administer the provisions of this section; and

(2) prescribe an application for a permit and other forms to carry out the provisions of this section.

E. A commercial motor vehicle, trailer, semitrailer or motor bus apprehended for violating a registration law of this state shall not be issued a permit under this section, and it shall be immediately subject to registration in this state.

F. A person who operates a commercial motor vehicle, trailer, semitrailer or motor bus with an expired permit issued under this section is considered to be operating an unregistered vehicle subject to each penalty prescribed by law.

Section 9. ONE-TRIP OR THIRTY-DAY TRIP PERMITS.--

A. The division may issue a temporary permit for a vehicle that:

(1) is subject to registration in this state; and

(2) is not authorized to travel on a public highway because of the lack of registration in this state or the lack of reciprocity with the state or country in which the vehicle is registered.

B. A permit issued under this section is in lieu of registration and is valid for one trip or for thirty days.

C. A one-trip permit is valid for one trip between the points of origin and destination and those intermediate points specified in the application and registration receipt. Unless the vehicle is a bus operating under charter that is not covered by a reciprocity agreement with the state or country in which the bus is registered, a one-trip permit is for the transit of the vehicle only, and the vehicle may not be used for the transportation of passengers or property. A one-trip permit shall not be valid for longer than fifteen days from the effective date of registration.

D. A thirty-day permit shall be issued only to a passenger vehicle, a private bus, a trailer or semitrailer with a gross weight of not more than ten thousand pounds, a light truck or a light commercial vehicle with a manufacturer's rated carrying capacity of more than one ton that will operate unladen. A person may obtain multiple thirty-day permits. The division may issue a single registration receipt to apply to all of the periods for which the vehicle is registered.

E. A person may obtain a permit under this section by applying on a form provided by the division and:

(1) paying a fee in cash or by postal money order or certified check of five dollars ($5.00) for a one-trip permit or twenty-five dollars ($25.00) for each thirty-day permit; and

(2) furnishing evidence of financial responsibility for the vehicle that complies with rules adopted by the division.

F. A registration receipt and temporary tag shall be issued on forms provided by the division. The temporary tag shall contain all pertinent information required by rule of the division and shall be displayed in the rear window of the vehicle so that the tag is clearly visible and legible when viewed from the rear of the vehicle. If the vehicle does not have a rear window, the temporary tag shall be attached on or carried in the vehicle to allow ready inspection. The registration receipt shall be carried in the vehicle at all times during the period in which it is valid.

G. The division may refuse to issue a temporary registration for any vehicle if, in the division's opinion, the vehicle or the owner of the vehicle has been involved in operations that constitute an abuse of the privilege granted by this section.

H. A person issued a temporary registration under this section who operates a vehicle in violation of Subsection F of this section is guilty of a petty misdemeanor and shall be punished as provided in the Motor Vehicle Code.

I. The division may:

(1) adopt rules to administer this section; and

(2) prescribe an application for a permit and other forms under this section.