Section 65-3-3 - Applicability. - New Mexico Statutes

65-3-3. Applicability.

A.     Notwithstanding any provision of the Motor Vehicle Code  [66-1-1 NMSA 1978] to the contrary, the provisions of the Motor Carrier Safety Act [65-3-1 NMSA 1978] and the regulations promulgated under that act shall apply to a commercial motor carrier vehicle operating on the public highways of New Mexico of a type that:   

(1)     is operated interstate and has a gross vehicle weight rating or gross combination weight rating, or gross vehicle weight or gross combination weight, of four thousand five hundred thirty-six kilograms, or ten thousand one pounds or more; or is operated only in intrastate commerce and has a gross vehicle weight rating or gross combination weight rating, or gross vehicle weight or gross combination weight, of twenty-six thousand one or more pounds;   

(2)     is designed or used to transport more than eight passengers, including the driver, and is used to transport passengers for compensation;   

(3)     is designed or used to transport more than fifteen passengers, including the driver, and is not used to transport passengers for compensation; or   

(4)     is used to transport hazardous materials of the type or quantity requiring placarding under rules prescribed by applicable federal or state law.   

B.     Whenever a commercial motor carrier vehicle of one type is used to perform the functions normally performed by a motor vehicle of another type, the requirements of the Motor Carrier Safety Act shall apply to that motor vehicle and to its operation as if that motor vehicle were actually a motor vehicle of the latter type.   

C.     Whenever a duty is prescribed for a driver or a prohibition is imposed upon the driver pursuant to the provisions of the Motor Carrier Safety Act, it shall be the duty of the motor carrier to require observance of such prescription or prohibition. If the motor carrier is also the driver, the motor carrier shall likewise be bound.