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AN ACT

RELATING TO THE PUBLIC PEACE, HEALTH, SAFETY AND WELFARE;

PROVIDING AN EXCEPTION TO PORT-OF-ENTRY REQUIREMENTS FOR

VEHICLES TRANSPORTING AGRICULTURAL PRODUCTS.

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

Section 1. Section 65-5-1 NMSA 1978 (being Laws 1943,

Chapter 125, Section 8, as amended) is amended to read:

"65-5-1. VEHICLES TO STOP AT PORTS OF ENTRY--

INFORMATION--INSPECTION.--

A. All commercial motor carrier vehicles, as

defined in the Motor Transportation Act, must enter, leave or

travel through the state on designated highways and shall

stop at every port of entry as designated by the division for

manifesting and clearance stickers, except as provided in

Subsection G of this section.

B. The operators of any motor vehicles described

in Subsection A of this section shall, upon request, make out

and deliver to the agent of the division a manifest showing

that part of the following information requested:

(1) the name of the owner of the vehicle;

(2) the name of the operator or driver;

(3) the name of the forwarding or other

company in whose service the vehicle is licensed;

(4) the license number;

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(5) the state in which the vehicle has been

granted a common or contract motor carrier permit, if any,

and the number of the permit;

(6) the engine number;

(7) the serial number of the vehicle;

(8) a description of the vehicle;

(9) the point of origin of the shipment;

(10) the ultimate destination of the

shipment;

(11) the gross vehicle weight of the vehicle

and cargo;

(12) the factory list capacity or the actual

capacity if rebuilt;

(13) the number of taxable miles to be

traveled within the state; and

(14) the nature, amount and coverage of all

public liability and other insurance carried upon the vehicle

and upon the cargo thereon.

The operator of the vehicle shall declare upon the

manifest the name and number of the highways that the

operator intends to use within the state and the place where

the operator intends to leave the state if the point of final

destination is outside the state. The manifest shall be

signed by the operator and filed with the person in charge of

the port of entry. The operator of the vehicle shall present

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for inspection to the person in charge of the port of entry a

copy of the billing or invoice describing the contents of the

cargo and the weight of the cargo.

C. The person in charge of the port of entry may

verify the information contained upon the billing or invoice

and shall check the license, permit, engine and serial

numbers, weight and description of the vehicle. The person

shall inspect the vehicle and ascertain whether it is in safe

and road-worthy condition, properly equipped with all lights,

brakes and other appliances required by any statute of this

state, in such condition as to be safe for operation upon the

public highways of this state.

D. The person in charge of the port of entry may

confirm the contents of the cargo and the weight thereof and

is authorized to interview operators to obtain information in

respect thereto and, if in doubt as to the declared gross

weight, may order the cargo weighed before issuing any

clearance certificate for the motor vehicle.

E. The person in charge of the port of entry may

inspect the contents of the vehicle to determine whether all

taxes on gasoline and motor fuel and excise taxes on

alcoholic liquors and all taxes on any other property have

been fully paid.

F. The person in charge of the port of entry may

inspect the vehicle and its contents to determine whether all

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laws and all rules and regulations of the departments of this

state with respect to public safety, health, welfare and

comfort have been fully complied with.

G. An agricultural product transport vehicle is

excluded from the requirements of Subsection A of this

section if the agricultural product transport vehicle has

cleared the port of entry at least once and has successfully

passed a commercial vehicle safety alliance level 1

inspection during the current harvest season.

H. As used in this section, "agricultural product

transport vehicle" means a motor vehicle, freight trailer or

utility trailer or a combination thereof used exclusively for

hauling agricultural products harvested in the field."

Section 2. A new section of Chapter 66, Article 7 NMSA

1978 is enacted to read:

"MULTIPLE TRIP SPECIAL PERMIT ALLOWANCE--FEE--VEHICLES

USED TO TRANSPORT AGRICULTURAL PRODUCTS--LIMITATIONS.--

A. An agricultural product transport vehicle may

be issued a special permit for an annual fee of two hundred

fifty dollars ($250) to transport loads for multiple trips

pursuant to Section 66-7-413 NMSA 1978. The area covered by

the special permit shall be specified on the permit.

B. The multiple trip special permits for

agricultural product transport vehicles may be issued for up

to five thousand pounds over the gross vehicle weight

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pursuant to Section 66-7-410 NMSA 1978.

C. An agricultural product transport vehicle shall

not be operated on highways for which a more strict size or

weight limitation is required by federal law.

D. An agricultural product transport vehicle shall

not be operated on routes identified by the department as

having deficient bridge structures. The owner or operator of

the agricultural product transport vehicle shall obtain and

have in the owner's or operator's possession a copy of the

restrictions imposed by the state transportation commission

pursuant to Section 66-7-415 NMSA 1978 regarding the size and

weight of vehicles operated on a highway under the

jurisdiction of that commission.

E. As used in this section, "agricultural product

transport vehicle" means a motor vehicle, freight trailer or

utility trailer or a combination thereof used exclusively for

hauling agricultural products harvested in an agricultural

area that lies within New Mexico or within New Mexico and in

an adjacent state."