HOUSE BILL 560
51st legislature - STATE OF NEW MEXICO - first session, 2013
INTRODUCED BY
David M. Gallegos
AN ACT
RELATING TO MOTOR VEHICLES; PROHIBITING MESSAGING WHILE DRIVING A COMMERCIAL MOTOR VEHICLE; PROVIDING EXCEPTIONS; CHANGING DRIVER'S LICENSE TESTING REQUIREMENTS; ESTABLISHING PENALTIES; PROVIDING FOR DISQUALIFICATION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. A new section of the Motor Vehicle Code is enacted to read:
"[NEW MATERIAL] MESSAGING WHILE DRIVING A COMMERCIAL MOTOR VEHICLE.--
A. A person shall not read, view, manually type or manually send a message on a personal wireless communications device while driving a commercial motor vehicle, except:
(1) to summon emergency help; or
(2) in the operation of an authorized law enforcement or emergency commercial motor vehicle as required by the driver's official duties.
B. Messaging while driving a commercial motor vehicle shall be a primary offense.
C. As used in this section:
(1) "driving" means operating a commercial motor vehicle on a public road, including while the vehicle is temporarily stationary because of traffic, a traffic light or stop sign or otherwise; "driving" does not include operating a commercial motor vehicle when the vehicle has been pulled over to the side of, or off, an active roadway and has stopped in a location where it can safely remain stationary;
(2) "message" means a digital communication transmitted or intended to be transmitted to a personal wireless communications device and includes electronic mail, an instant message, a text or image communication or any command or request to an internet site or any other form of electronic data retrieval or electronic data communication if the transmission, command or request is performed manually; a voice-activated command is not considered a message for the purposes of this section;
(3) "personal wireless communications device" means a device through which personal wireless services, as defined in Section 332(c)(7)(C)(I) of the federal Communications Act of 1934, 47 U.S.C. 332(c)(7)(C)(I), are transmitted; "personal wireless communications device" does not include a global navigation satellite system receiver used for positioning, emergency notification or navigation purposes; and
(4) "primary offense" means an offense for which a law enforcement officer may stop a vehicle solely for the purpose of issuing a citation in the absence of another offense."
SECTION 2. A new section of the Motor Vehicle Code is enacted to read:
"[NEW MATERIAL] PENALTY--DISQUALIFICATION.--
A. A driver who is convicted of messaging while driving a commercial motor vehicle shall be subject to a civil penalty of twenty-five dollars ($25.00). Upon a second or subsequent conviction for messaging while driving a commercial vehicle, the penalty assessment shall be fifty dollars ($50.00). A violation that occurs within five years of the previous offense is considered a repeat offense.
B. The department shall disqualify a person who holds a commercial driver's license or who is required to hold a commercial driver's license who is convicted of messaging while driving a commercial motor vehicle from driving a commercial motor vehicle for a period of not less than sixty days. The department shall disqualify a person who holds a commercial driver's license or who is required to hold a commercial driver's license who is convicted of messaging while driving a commercial motor vehicle for a second or subsequent time from driving a commercial motor vehicle for a period of not less than one hundred twenty days. A violation that occurs within five years of the previous offense is considered a repeat offense."
SECTION 3. Section 66-5-60 NMSA 1978 (being Laws 1989, Chapter 14, Section 9, as amended) is amended to read:
"66-5-60. COMMERCIAL DRIVER'S LICENSE--QUALIFICATIONS--STANDARDS.--
A. The division shall not issue a commercial driver's license to a person unless that person can establish that New Mexico is the person's state of domicile and has passed a knowledge and skills test for driving a commercial motor vehicle and, for related endorsements, has passed a medical fitness test and has satisfied any other requirements of the New Mexico Commercial Driver's License Act. The skills test for driving a commercial motor vehicle shall test a person's knowledge of and ability to handle distracted driving circumstances.
B. The division may authorize a person, including an agency of this or another state, an employer, a private driver-training facility or other private institution or a department, agency or instrumentality of local government to administer the skills test specified by this section.
C. A commercial driver's license applicant shall not take a test specified in this section more than three times within one year.
D. If the department determines that a commercial driver's license applicant has committed an offense in taking a test specified in this section, the division shall not issue a commercial driver's license to that applicant within one year of the department's determination."
SECTION 4. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2013.
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