AN ACT
RELATING TO THE PUBLIC PEACE, HEALTH,
SAFETY AND WELFARE; EXEMPTING UTILITY
SERVICE VEHICLES FROM CERTAIN TRAVEL RESTRICTIONS.
BE IT ENACTED BY THE LEGISLATURE OF
THE STATE OF NEW MEXICO:
Section 1. Section 66-7-413 NMSA 1978 (being Laws 1978,
Chapter 35, Section 484, as amended) is amended to read:
"66-7-413. PERMITS FOR EXCESSIVE SIZE AND
WEIGHT--SPECIAL NOTIFICATION REQUIRED ON MOVEMENT OF MANUFACTURED HOMES.--
A. The department 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 any 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 any person to violate any of the conditions or terms of the
special permit.
B. The department shall charge and collect, when
the movement consists of any load of a width of twenty feet or greater for a
distance of five miles or more, the sum of three hundred dollars ($300) a day
or fraction thereof to defray the cost of state or local police escort. The permit issued and the fee charged shall
be based upon the entire movement at one time requiring police escort and not
upon the number of vehicles involved.
C. The department shall promulgate regulations
in accordance with the State Rules Act pertaining to safety practices,
liability insurance and equipment for escort vehicles provided by the motor
carrier himself and for escort vehicles provided by a private business in this
state.
(1) If a motor carrier provides his own escort
vehicles and personnel, the department shall not charge an escort fee but shall
provide the motor carrier escort personnel with a copy of applicable
regulations and shall inspect the escort vehicles for the safety equipment
required by the regulations. If the
escort vehicles and personnel meet the requirements set forth in the
regulations and if the motor carrier holds a valid certificate of public
convenience and necessity or permit, as applicable, issued pursuant to Chapter
65, Article 2 NMSA 1978, the department shall issue the special permit.
(2) If the escort service is a private business,
the business shall have applied to the public regulation commission for and
been issued a permit or certificate to operate as a contract or common motor
carrier pursuant to Chapter 65, Article 2 NMSA 1978. The public regulation commission shall supply
copies of applicable regulations to the business by mail and shall supply
additional copies upon request. If the
escort vehicles and personnel meet the requirements set forth in the
regulations and if the escort service holds a certificate, the special permit
shall be issued and the department shall not charge an escort fee.
(3) 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 Paragraphs (1) and (2) of this subsection is subject to department
authority and inspection at all times.
(4) The state highway and transportation
department 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 state highway and transportation
department shall hold public hearings in the area of the state affected by the
determination, after which it may adopt regulations designating those four-lane
highways as being safe for the operation or movement of manufactured homes
without an escort. If any portion of
such a four-lane highway lies within the boundaries of a municipality, the
state highway and transportation department, after obtaining the approval of
the municipal governing body, shall include such portions in its regulations.
D. Except for the movement of manufactured
homes, special permits may be issued for a single vehicle or combination of
vehicles by the department for a period not to exceed one year for a fee of
sixty dollars ($60.00). The 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 operation is to be within the vicinity of a municipality. 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.
E. 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 for a single vehicle for a fee of fifteen
dollars ($15.00).
F. If the vehicle for which a permit is issued
under this section is a manufactured home, the department or local highway
authority issuing the permit shall furnish the following information to the
property tax division of the department, which shall then forward the
information:
(1) to the county assessor of any 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.
G. Except as provided in Subsection H of this
section, if the movement of a manufactured home originates in this state, no
permit shall be issued under Subsection F of this section until the owner of
the manufactured home or his authorized agent obtains and presents to the
department 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) no liability for property taxes on the
manufactured home exists for the current tax year or any past tax years, except
for manufactured homes located on an Indian reservation.
H. 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 G 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 his
inventory prior to the sale to the owner-purchaser; however, the movement of a
manufactured home by a dealer or his authorized agent as a result of a sale or
trade-in from a nondealer-owner is subject to the requirements of Subsection G
of this section whether the destination is the business location of a dealer or
some other destination.
I. No permit shall be issued under 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.
J. The secretary may by regulation provide for
movers of manufactured homes to self-issue permits for certain sizes of
manufactured homes over specific routes; however, in no case may the cost of
each permit be less than fifteen dollars ($15.00).
K. The secretary may provide by regulation 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 shall charge a fee for each
self-issued permit not to exceed fifteen dollars ($15.00).
L. Any 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.
M. Any common motor carrier requesting an
oversize permit shall produce a copy of a form "e" or other
acceptable evidence that the common motor carrier maintains the insurance
minimums prescribed by the public regulation commission."
Section 2. EFFECTIVE DATE.--The effective date of the
provisions of this act is July 1, 2003.
HTC/HB 1035
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