Section 66-7-413.2 - Engineering investigations for vehicles in excess of one hundred seventy thousand pounds. - New Mexico Statutes

66-7-413.2. Engineering investigations for vehicles in excess of one hundred seventy thousand pounds.

A.     All vehicles with a gross vehicle weight in excess of one hundred seventy thousand pounds shall require a special permit as provided for in Section 66-7-413 NMSA 1978 and no such permit shall be issued unless:   

(1)     an engineering investigation and review have been conducted to:   

(a)     establish whether the move could be made without visible or documented damages to the portion of road or bridges upon which the move is to be made;   

(b)     establish whether the move could be made without visible or documented damages to any private facilities along the road upon which the move is to be made; and   

(c)     estimate the cost for any necessary modifications the move may cause; and   

(2)     when required, the applicant has submitted to the motor transportation division of the department of public safety and the local highway authorities all pertinent information requested of the applicant by the motor transportation division of the department of public safety. If the submitted data is not acceptable to the state highway and transportation department, the applicant will be advised by the motor transportation division of the department of public safety that engineering investigations will be conducted by the state highway and transportation department and the cost incurred by the state highway and transportation department will be paid by the applicant as an added cost to his permit fee.   

B.     The motor transportation division of the department of public safety shall adopt the necessary rules and regulations for the development of data for an investigation to determine whether to issue any special permit pursuant to Section 66-7-413 NMSA 1978.   

C.     The applicant or the applicant's employer shall pay the costs for any modifications to the road, bridges or private facilities along the road that the motor transportation division of the department of public safety has determined are necessary for the issuance of the special permit and the costs for any damages to the road or bridges that are the result of the move and the fault of the mover and not the motor transportation division of the department of public safety.   

D.     Any person who violates the provisions of Subsection A of this section shall be guilty of a misdemeanor and punished by a fine of not more than one thousand dollars ($1,000) or imprisonment for a definite term not to exceed six months, or both.   

E.     Nothing contained in this section shall limit in any manner the authority of the state, a county, a municipality or a political subdivision thereof to collect damages for any unlawful use of highways as provided by law.