New Mexico Administrative Code
Title 18 - TRANSPORTATION AND HIGHWAYS
Chapter 3 - MOTOR CARRIER GENERAL PROVISIONS
Part 4 - SAFETY REQUIREMENTS
Section 18.3.4.12 - REQUIREMENTS APPLICABLE ONLY TO NON-CDL DRIVERS

Universal Citation: 18 NM Admin Code 18.3.4.12

Current through Register Vol. 35, No. 18, September 24, 2024

A. Operators' licenses: This rule adopts by reference the licensing provisions of the New Mexico motor vehicle code, Sections 66-5-1 through 66-5-48, NMSA 1978.

B. Qualifications, investigations, inquiries, reporting, records, driving, equipment, inspection repair and maintenance by and for all passenger vehicles and drivers:

(1) Before allowing a transportation service driver to provide carriage:
(a) the prospective driver shall submit an application to the transportation service that includes the individual's address, age, driver's license number and state, and driving history;

(b) the transportation service shall obtain a local and national criminal background check for the prospective driver that shall include:
(i) multistate or multi-jurisdiction criminal records locator or other similar commercial nationwide database with validation and primary source search; and

(ii) a national sex offender registry; and

(iii) the transportation service shall obtain and review a driving history research report for the prospective driver.

(2) A transportation service shall not permit a person to act as a transportation service driver who:
(a) has had more than three moving violations in the preceding three-year period or one violation in the preceding three-year period involving any attempt to evade law enforcement, reckless driving or driving on a suspended or revoked license;

(b) has been convicted within the past seven years of:
(i) a felony;

(ii) misdemeanor driving under the influence, reckless driving, leaving the scene of an accident or any other driving-related offense or any misdemeanor violent offense or sexual offense; or

(c) more than three misdemeanors of any kind;

(d) is identified by a national sex offender registry;

(e) does not possess a valid license; or

(f) is not at least 21 years old.

(3) A transportation service shall not use a small passenger vehicle that:
(a) is not in compliance with all federal, state and local laws concerning the operation and maintenance of the motor vehicle;

(b) has fewer than four doors; or

(c) is designed to carry more than eight passengers, including the driver.

(4) A transportation service shall inspect or cause to be inspected every motor vehicle used by a driver to provide transportation services before allowing the driver to use the motor vehicle to provide transportation services and not less than once each year thereafter. The type of inspection required shall follow the Commission rules for annual inspections for transportation network company service driver vehicles promulgated as 18.17.1.8 NMAC.

(5) Provided that passenger services may voluntarily adopt and implement other more stringent policies and procedures for small passenger vehicles and drivers of small passenger vehicles, including full or modified forms of federal safety policies and procedures.

C. Qualifications of drivers: This rule adopts by reference only the following specific sections of 49 CFR Part 391 :

(1) general qualifications of drivers: Section 391.11(b)(8);

(2) application for employment: Section 391.21;

(3) investigations and inquiries: Section 391.23, except that Section 391. 23(d)(2) the term "as specified in section 390.15(b)(1) of this chapter" is substitute for this rule by the term, "in the uniform crash report form prescribed by the state of New Mexico";

(4) annual inquiry and review of driving record: Section 391.25, except that:
(a) Subsections 391.25(a) and (b) are amended to delete: "Except as provided in subpart G of this part;"

(b) Section 391.25 shall not apply to volunteer drivers;

(5) record of violations: Section 391.27, except that section 391.27(a) is amended to delete: "Except as provided in subpart G of this part;"

(6) road test: Section 391.31, except that section 391.31(a) is amended to delete: "Except as provided in subpart G;"

(7) equivalent of road test: Section 391.33; except that an ambulance service may also accept from a person who seeks to drive an ambulance a copy of a certificate of completion from an emergency vehicle operator's course approved by the emergency medical services (EMS) bureau of the department of health (DOH);

(8) physical qualifications for drivers: Section 391.41, except that drivers for ambulance are exempt from Section 391.41(a);

(9) medical examinations; certificate of physical examination: Section 391.43, except that for volunteer drivers of ambulance services only, the medical examiner (as defined in 49 CFR Section 390.5) shall perform a medical examination sufficient to enable the medical examiner to certify, in accordance with Subsection C of 18.19.5.33 NMAC, whether or not the driver has a condition that may interfere with the safe operation of an ambulance;

(10) persons who must be medically examined and certified: Section 391.45, except that this section shall not apply to volunteer drivers;

(11) general requirements for driver qualification files: Section 391.51, except that Subsections 391.51(b)(8) and (d)(5) are not adopted;

(12) driver investigation history file: Section 391.53, except that this section shall not apply to commuter services.

D. Driving of commercial motor vehicles: This rule adopts by reference the following sections of 49 CFR Part 392 :

(1) ill or fatigued operator: Section 392.3;

(2) drugs and other substances: Section 392.4;

(3) alcohol prohibition: Section 392.5;

(4) emergency equipment, inspection and use: Section 392.8, except that this section is amended to substitute "Section 66-3-849 NMSA 1978", certain vehicles to carry flares or other warning devices, for the federal reference to "Section 393.95";

(5) inspection of cargo, cargo securement devices and systems: Section 392.9, except that this section shall only apply to a motor vehicle with a gross vehicle weight rating of 10,000 pounds or more;

(6) hazardous conditions; extreme caution: Section 392.14, except that this section shall not apply to ambulance services;

(7) use of seat belts: Section 392.16;

(8) obscured lamps or reflectors: Section 392.33;

(9) ignition of fuel; prevention: Section 392.50;

(10) safe operation, buses: Section 392.62;

(11) towing or pushing loaded buses: Section 392.63;

(12) riding within closed commercial motor vehicles without proper exits: Section 392;

(13) carbon monoxide; use of commercial motor vehicle when detected: Section 392.66;

(14) radar detectors; use and/or possession: Section 392.71.

E. Equipment for vehicles, seatbelts and child restraints: This rule adopts by reference Sections 66-3-801 through 66-3-901 NMSA 1978. In addition, passenger vehicles capable of transporting 15 or fewer persons including the driver shall provide a separate seat belt assembly for each passenger and shall ensure child restraint systems comply with all federal and state requirements.

F. Inspection, repair and maintenance for vehicles: This rule adopts by reference the following sections of 49 CFR Part 396 :

(1) inspection, repair and maintenance: Section 396.3, but this section shall not apply to commuter services;

(2) lubrications: Section 396.5;

(3) driver vehicle inspection reports: Section 396.1;

(4) driver inspection: Section 396.13;

(5) periodic inspection: Section 396.17;

(6) inspector qualifications: Section 396.19;

(7) periodic inspection recordkeeping requirements: Section 396.21;

(8) equivalent to periodic inspection: Section 396.23(a);

(9) qualifications of brake inspectors: Section 396.25.

Disclaimer: These regulations may not be the most recent version. New Mexico may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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