HB 425
Page 1
AN ACT
RELATING TO MOTOR CARRIERS; REPORTING OF POSITIVE DRUG AND
ALCOHOL TESTS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. A new section of the Motor Carrier Safety
Act is enacted to read:
"DRUG AND ALCOHOL TESTING PROGRAM--REPORT OF POSITIVE
TEST.--
A. A motor carrier shall have an in-house drug and
alcohol testing program that meets the requirements of 49
C.F.R. part 382 or be a member of a consortium, as defined in
49 C.F.R. 382.107, that provides testing that meets the
requirements of C.F.R. part 382.
B. At the time of registration or renewal of
registration of a commercial motor vehicle, a motor carrier
shall certify to the department and to the motor vehicle
division of the taxation and revenue department that the motor
carrier is in compliance with the requirements of Subsection A
of this section. If the motor carrier is a member of a
consortium, the motor carrier shall provide the names of the
persons who operate the consortium.
C. When a medical review officer of a motor
carrier's testing program or of the consortium to which the
motor carrier belongs determines that a positive test result