HB 78 — COMMERCIAL MOTOR VEHICLE INSPECTIONS

HOUSE BILL 78 54THTH LEGISLATURE - STATEOFNEWMEXICO- FIRST SESSIO,SESSION, 2019 INTRODUCED BY Roberto "Bobby" J.

Gonzales 6Pursuant 8to 10House ANRule ACT24-1, RELATINGthis TOdocument MOTORincorporates VEHICLES;amendments that have been adopted prior to consideration of this measure by the House.

CHANGINGIt THEis LAWa ENFORCEMENTtool PROVISIONSto GOVERNINGshow Athe COMMERCIALamendments MOTORin CARRIERcontext VEHICLEand STOP.is not to be used for the purpose of amendments.

14AN BEACT ITRELATING ENACTEDTO BYMOTOR THEVEHICLES; LEGISLATURE OF THE STATE OF NEW MEXICO:

SECTIONCHANGING 1.THE LAW ENFORCEMENT h PROVISIONS GOVERNING A COMMERCIAL MOTOR CARRIER VEHICLE STOP.

Sectiong 65-5-1o NMSAt 1978hr (beingg Lawse 1943,i Chapterk 125,BE SectionIT 8,ENACTED asBY amended)THE isLEGISLATURE amendedOF toTHE read:STATE OF NEW MEXICO:

eh tr 17i "65-5-1.s SECTION 1.

VEHICLESSection TO65-5-1 STOPNMSA AT1978 PORTS(being OFLaws ENTRY--FIELD1943, wh l, nt, dChapter 18125, ENFORCEMENT--INFORMATION--INSPECTION.--Section =8, =as 19amended) A.is amended to read:

Alle commercialu motorg carriere vehiclesb shall a l i a e r 20 enter, leave or travel through the state on designated highways a t m m 21 and shall stop at every port of entry as designated by the d r e 22h division"65-5-1. for manifesting and clearance stickers, except as c e s k 23 provided in Subsection H of this section.

eVEHICLES aTO STOP AT PORTS OF ENTRY--FIELD n d d i = = o h ENFORCEMENT--INFORMATION--INSPECTION.-- l ] b 24,d B.i a º e A.

AnAll officercommercial maymotor enforcecarrier invehicles theshall fieldr [thei u= [r provisionst of]e thew Motord Transportationm Act, [and] the Motor .211359.1 Carrier Act, the Motor Vehicle Code or the Criminal Code and perform inspections as provided in this section [whenever ] when the officer stops a commercialn motoro carrierenter, vehicleleave [after observing that the vehicle is in, or istravel beingthrough operated in, violation of those acts, the Motorstate Vehicleon Codedesignated orhighways thed Criminalm 6: Code].

b e d s º o t n = .211359.1 s k m e e a n e d r e l u [ A d and shall stop at every port of entry as designated by the division for manifesting and clearance stickers, except as provided in Subsection H of this section.

B.

An officer may enforce in the field [the provisions of] HJCºthe provisions of»HJC the Motor Transportation Act HJCº,»HJC [and] HJCºand»HJC the Motor Carrier Act, the Motor Vehicle Code HTPWCºor and»HTPWC the Criminal Code and perform inspections as provided in this section [whenever ] when the officer stops a commercial motor carrier vehicle [after observing that the vehicle is in, or is being operated in, violation of those acts, the Motor Vehicle Code or the Criminal Code HJCº]after observing»HJC upon reasonable suspicion that the vehicle is in, or is being operated in, violation of those acts, the Motor Vehicle Code or the Criminal Code»HJC.

The operator of a commercial motor carrier h vehicle shall:

u » r (1) upon request, make out and deliver to the t h g e l i agent of the division at a port of entry or to an officer h r i s conducting field enforcement a manifest showing that part of h , e h the following information requested:

t u g e b l e e , gh (a) the point of origin of the shipment;

n d d i = = o h (b) the ultimate destination of the l ] b ,d i a º r shipment;

and e r = t e w d m a n o (c) the gross vehicle weight of the ed em 17: vehicle and cargo;

eb r e nt dº 18o (2)t signn the manifest and present it to the = =.211359.1 ls ]k 19m agente at- the2 port- ofe entrya orn toe thed officerr conductinge fieldl au l[ rA id 20vehicle enforcement;and cargo;

and(2) tsign ethe amanifest tand (3) present forit inspection to the agent at the m m 21 e d r e 22 port of entry or to the officer conducting field enforcementenforcement; a c e r c 23 copy of the billing or invoice describing the contents of the e a n b 24 cargo and the weight of the cargo.

uand [(3) D.present for inspection to the agent at the port of entry or the officer conducting field enforcement a copy of the billing or invoice describing the contents of the cargo and the weight of the cargo.

TheD. agent at the port of entry or the officer .211359.1 - 2 - conducting field enforcement may verify the information contained upon the billing or invoice and shall:

The agent at the port of entry or the officer conducting field enforcement may verify the information contained upon the billing or invoice and shall:

h E.

The agent at the port of entry or officer u » r conducting field enforcement may confirm the contents and t h g e l i weight of the cargo of a commercial motor carrier vehicle and h r i s interview the operator about the cargo and, if in doubt as to h , e h the declared gross weight, may order the cargo weighed before t u g e b l e e , gh issuing any clearance certificate for the vehicle.

n d d i = = o h F.

The agent at the port of entry or the officer l ] b ,d i a º r conducting field enforcement may inspect the contents of a commerciale motorr carrier= vehiclet toe determinew whetherd allm taxesa en eo 17commercial on gasoline and motor fuelcarrier andvehicle exciseto taxesdetermine onwhether alcoholic e e n d 18 liquors and all taxes ond anym other: property have been fully = = l ] 19 paid.

b r e t º o t n = .211359.1 s k m e - 3 - e a ln e d r ie 20l G.u [ A d on gasoline and motor fuel and excise taxes on alcoholic liquors and all taxes on any other property have been fully paid.

TheG. agent at the port of entry or the officer t e a t conducting field enforcement may inspect a commercial motor m m 21 e d r e 22 carrier vehicle and its contents to determine whether they are c e r c 23 in compliance with laws and rules regarding public safety, e a n b 24 health, welfare and comfort.

uThe [agent H.at the port of entry or the officer conducting field enforcement may inspect a commercial motor carrier vehicle and its contents to determine whether they are in compliance with laws and rules regarding public safety, health, welfare and comfort.

AnH. agricultural product transport vehicle is .211359.1 - 3 - 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.

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.

As used in this section, "agricultural product transport vehicle" means a motor vehicle, freight trailer or h utility trailer or a combination thereof used exclusively for u » r hauling agricultural products harvested by a farmer from the t h g e l i place of harvesting to market, storage or a processing plant." h r i s - 4 - 13h 15, e h t u g e 17b l e e , gh n d 18d i = = o h l ] 19b a,d l r i 20 t e a tº mr m 21 e d r e= 22t c e rw cd 23m e a n bo 24d um [: .211359.1

b r e t º o t n = .211359.1 s k m e e a n e d r e l u [ A d