SB 186 — TRANSFER CERTAIN DPS DUTIES TO DOT

h r i s "7-16A-19.

SPECIAL FUEL USER PERMITS--VIOLATION.-- h , t, A.

A special fuel user whose vehicle is not e u g e b l e e h registered with the department SFCº of transportation»SFC shall n d d i = = o h acquire from the department SFCºofof transportation»SFCtransportation, , before l ] b ,d i a º e operating the vehicle on New Mexico highways:

r(1) ia =temporary rspecial tfuel euser wpermit dvalid mfor aone ncalendar oday (1)only aor temporaryfor specialone fuelentry userinto permitand validone dexit mout :of New Mexico;

bor e(2) d s º o t n = .218966.1SAAIC March 6, 2021 (8:27am) s k m e - 5 - e a nborder ecrossing dspecial rfuel euser lpermit, uas [provided A d for onein calendarSection day7-16A-19.1 onlyNMSA or1978. for one entry into and one exit out of New Mexico;

or (2) a border crossing special fuel user permit, as provided for in Section [1 of this 2018 act ] 7-16A-19.1 NMSA 1978 .

It is a violation of the Special Fuels Supplier SB 186 Page 4 Tax Act for a person to act as a temporary special fuel user without possessing a valid temporary special fuel user permit issued by the department of transportationtransportation. .

It is a violation of the Special Fuels Supplier Tax Act for a person holding a valid border crossing special h fuel user permit to travel in the motor carrier vehicle for g o t hr which the permit was issued on New Mexico highways outside the g e i k area in which the permit authorizes travel, unless the person h r i s may otherwise under law engage in that travel.

In addition to h , t, any other penalty that may apply, a person who violates this e u g e b l e e h provision is subject to a fine of three hundred dollars n d d i = = o h ($300)." l ] b ,d i a º e SECTION 5.

Section 7-16A-19.1 NMSA 1978 (being Laws 2018, r i = r t e w d m a n o Chapter 77, Section 1) is amended to read:

d"7-16A-19.1. m :

b e d s º o t n = .218966.1SAAIC March 6, 2021 (8:27am) s k m e - 6 - e a n e d r e l u [ A d "7-16A-19.1.

A special fuel user who operates a commercial motor carrier vehicle registered or titled in Mexico, who is engaged primarily in movement across the New Mexico-Mexico border and into or from an international border commercial zone and whose exclusive use of New Mexico highways is limited to an area within ten miles of the New Mexico-Mexico border may apply for, on a form approved by the department of transportationtransportation, , a quarterly, semi-annual or annual border crossing special fuel user permit.

The department of SB 186 Page 5 transportation shall issue the permit if it approves the application and upon payment of the fee for the permit.

(1) for a quarterly permit, one hundred h twenty-five dollars ($125);

g o t hr (2) for a semi-annual permit, two hundred g e i k dollars ($200);

and h r i s (3) for an annual permit, three hundred fifty h , t, dollars ($350).

eC. u g e b l e e h [C.

The department may revoke, after notice and a n d d i = = o h hearing, the border crossing special fuel user permit of a l ] b ,d i a º e special fuel user found to have violated the Special Fuels r i = r t e w d m a n o Supplier Tax Act.

d m :

b e d s º o t n = .218966.1SAAIC March 6, 2021 (8:27am) s k m e - 7 - e a n e d r e l u [ A d D.] C.

PORTS OF ENTRY.--The department of transportation shall designate the main highways upon which motor carriers shall enter and leave the state and shall designate stations or establish places, either temporary or permanent, where inspection, registration and permit services shall be maintained [The state highway and transportation department] and shall provide the necessary right of way, approach roads, ramps and other road facilities required [bySB the186 departmentPage for6 places established after June 17, 1967] for ports of entry." h SECTION 7.

Section 65-1-28 NMSA 1978 (being Laws 1987, u » r Chapter 128, Section 1, as amended) is amended to read:

t h g e l i "65-1-28.

PAYMENT BY CREDIT CARD--OPTIONAL SERVICES-- h r i s FEES--APPROPRIATIONS.-- h , e h A.

Notwithstanding any other provision of law, the t u g e b l e e , gh department is authorized to enter into agreements with n d d i = = o h financial institutions and credit card companies under which l ] b ,d i a º r the department may accept payment by credit card from motor e r = t e w d m a n o carriers of the taxes, fees or other charges due pursuant to dthe mMotor :Transportation Act, Motor Vehicle Code, Trip Tax Act or Weight Distance Tax Act.

b r e t º o t n = .218966.1SAAIC March 6, 2021 (8:27am) s k m e - 8 - e a n e d r e l u [ A d the Motor Transportation Act, Motor Vehicle Code, Trip Tax Act [Special Fuels Tax Act ] or Weight Distance Tax Act.

The necessary portion of the proceeds of the taxes, fees and other charges collected under this subsection is [hereby ] appropriated for the purpose of paying the fee payable to the financial institution or credit card company.

Any service established for which a fee is adopted under this SB 186 Page 7 section shall be optional, with the fee not being charged to h any person not taking advantage of the service.

Amounts g o t hr collected pursuant to this subsection are appropriated to the g e i k department for the purpose of defraying the expense of h r i s providing the service.

h , t, C.

Notwithstanding any other provision of law, the e u g e b l e e h department of transportation is authorized to enter into n d d i = = o h agreements with financial institutions and credit card l ] b ,d i a º e companies under which the department of transportation may raccept ipayment =by rcredit tcard efrom wmotor dcarriers mof athe ntaxes, ofees acceptor paymentother bycharges creditdue cardpursuant fromto motorthe carriersTrip ofTax Act or the taxes,Weight dDistance mTax :Act.

b e d s º o t n = .218966.1SAAIC March 6, 2021 (8:27am) s k m e - 9 - e a n e d r e l u [ A d fees or other charges due pursuant to the Trip Tax Act or the Weight Distance Tax Act.

SPECIAL METHODS OF PAYMENT.--The department and the department of transportation may require the motor SB 186 Page 8 carriers specified in this section to make payment of taxes, fees and other charges due under the Motor Transportation Act, h Motor Vehicle Code, Trip Tax Act [Special Fuels Tax Act ] or g o t hr Weight Distance Tax Act by credit card, certified check or g e i k other method of guaranteed payment.

The provisions of this h r i s section apply to any motor carrier whose check in payment of h , t, any amount due under any act administered by the department has e u g e b l e e h been dishonored upon presentment on two or more occasions n d d i = = o h within the previous two years." l ] b ,d i a º e SECTION 9.

Section 66-3-302 NMSA 1978 (being Laws 1978, r i = r t e w d m a n o Chapter 35, Section 78, as amended) is amended to read:

d"66-3-302. m :

b e d s º o t n = .218966.1SAAIC March 6, 2021 (8:27am) s k m e - 10 - e a n e d r e l u [ A d "66-3-302.

SB 186 Page 9 (2) a valid dealer's plate issued by the department;

(3) a special permit for the use of the h highways of this state for the transportation of the vehicle in g o t hr the manner in which the vehicle is being transported, which has g e i k first been obtained and the fee paid as specified in this h r i s section;

or h , t, (4) a valid temporary transportation permit e u g e b l e e h issued under Subsection B of Section 66-3-6 NMSA 1978.

n d d i = = o h B.

Special permits for the use of the highways of l ] b ,d i a º e this state for the transportation of such vehicles shall be rissued iby =the rdepartment tof etransportation wupon dapplication mon athe nform oprescribed issued by the department of [publictransportation safetyand ]upon transportationpayment uponof da mfee :of ten dollars ($10.00) for each vehicle transported by use of its own power and a fee of seven dollars ($7.00) for each vehicle carried in or on another vehicle or towed or drawn by another vehicle and not transported in whole or in part by the use of its own power.

b e d s º o t n = .218966.1SAAIC March 6, 2021 (8:27am) s k m e - 11 - e a n e d r e l u [ A d application on the form prescribed by the department of [public safety] transportation and upon payment of a fee of ten dollars ($10.00) for each vehicle transported by use of its own power and a fee of seven dollars ($7.00) for each vehicle carried in or on another vehicle or towed or drawn by another vehicle and not transported in whole or in part by the use of its own power.

A suitable tag or SB 186 Page 10 placard for each vehicle may be issued by the department of public safety and, if issued, shall be at all times displayed on each vehicle being transported.

The permit, tag or placard shall not be h used upon or in connection with the transportation of any u » r vehicle other than the one for which the permit, tag or placard t h g e l i is issued.

h r i s C.

A caravan fee shall not apply to the h , e h transportation of vehicles carried on another vehicle for the t u g e b l e e , gh operation of which a weight distance tax is paid, nor shall the n d d i = = o h vehicle transported be required to carry a registration plate l ] b ,d i a º r or temporary transportation permits.

The New Mexico state epolice rdivision =of tthe edepartment wof dpublic msafety ais nauthorized oto policeimpound divisionany vehicle transported in violation of the departmentMotor ofTransportation publicAct safetyuntil isa dproper mpermit :has been secured and any fine levied has been paid." SECTION 10.

b r e t º o t n = .218966.1SAAIC March 6, 2021 (8:27am) s k m e - 12 - e a n e d r e l u [ A d authorized to impound any vehicle transported in violation of the Motor Transportation Act until a proper permit has been secured and any fine levied has been paid." SECTION 10.

A vehicle shall not exceed a length of forty feet extreme overall dimension and no motor home shall exceed a length of forty-five feet extreme overall dimension, exclusive of front and rear bumpers, except when operated in SB 186 Page 11 combination with another vehicle as provided in this section.

A combination of vehicles, unless otherwise exempted in this section, shall not exceed an overall length of h sixty-five feet, exclusive of front and rear bumpers.

g o t hr C.

A combination of vehicles coupled together shall g e i k not consist of more than two units, except:

h r i s (1) a truck tractor and semitrailer shall be h , t, permitted to pull one trailer;

e u g e b l e e h (2) a vehicle shall be permitted to pull two n d d i = = o h units, provided that the middle unit is equipped with brakes l ] b ,d i a º e and has a weight equal to or greater than the last unit and the r i = r t e w d m a n o total combined gross weight of the towed units does not exceed dthe mmanufacturer's :stated gross weight of the towing units;

b e d s º o t n = .218966.1SAAIC March 6, 2021 (8:27am) s k m e - 13 - e a n e d r e l u [ A d the manufacturer's stated gross weight of the towing units;

and (6) as provided in Subsections D through G SB 186 Page 12 of this section.

Exclusive of safety and energy conservation devices, refrigeration units and other devices such as coupling devices, vehicles operating a truck tractor semitrailer or truck tractor semitrailer-trailer combinations on the interstate highway system and those qualifying federal aid h primary system highways designated by the secretary of the u » r United States department of transportation, pursuant to the t h g e l i federal Surface Transportation Assistance Act of 1982, Public h r i s Law 97-424, Section 411, and on those highways designated by h , e h the department of transportation by rule [or regulation with t u g e b l e e , gh the concurrence of the New Mexico department of transportation] n d d i = = o h may exceed an overall length limitation of sixty-five feet, l ] b ,d i a º r provided that the length of the semitrailer in a truck tractor esemitrailer rcombination =does tnot eexceed wfifty-seven dfeet msix ainches nand othe length of the semitrailer or trailer in a truck tractor semitrailer-trailer combination does not exceed fifty-seventwenty-eight feet six dinches. m :

bThe rdepartment eof ttransportation ºshall oadopt trules nand =regulations .218966.1SAAICgranting Marchreasonable 6,access 2021to (8:27am)terminals, sfacilities kfor mfood, efuel, -repairs 14and -rest eand apoints nof eloading d r e l u [ A d inches and theunloading lengthfor ofhousehold thegoods semitrailercarriers orto trailervehicles operating in a truck tractor semitrailer-trailer combination doespursuant notto exceedthis twenty-subsection. eight feet six inches.

TheAs departmentused ofin [publicthis safetysubsection, ]"truck transportationtractor" shallmeans adopta rulesnon-cargo andcarrying regulationspower grantingunit reasonabledesigned access to terminals,operate facilitiesin forcombination food,with fuel,a repairssemitrailer andor resttrailer, andexcept pointsthat ofa loadingtruck tractor and unloadingsemitrailer forengaged householdSB goods186 carriersPage to13 vehiclesin operatingthe intransportation combinationof pursuantautomobiles tomay thistransport subsection.motor vehicles on part of the truck tractor.

As used in this subsection, "truck tractor" means a non-cargo carrying power unit designed to operate in combination with a semitrailer or trailer, except that a truck tractor and semitrailer engaged in the transportation of automobiles may transport motor vehicles on part of the truck tractor.

The following combination vehicles are specialized equipment and may exceed an overall length of sixty-five feet pursuant to the Code of Federal Regulations, h Title 23, Section 658.13:

g o t hr (1) automobile transporters;

g e i k (2) boat transporters;

h r i s (3) beverage semitrailers;

and h , t, (4) munitions carriers using dromedary e u g e b l e e h equipment.

n d d i = = o h F.

A saddle-mount vehicle is specialized equipment l ] b ,d i a º e and may not exceed an overall length of ninety-seven feet r i = r t e w d m a n o pursuant to the Code of Federal Regulations, Title 23, Section d658.13. m :

b e d s º o t n = .218966.1SAAIC March 6, 2021 (8:27am) s k m e - 15 - e a n e d r e l u [ A d 658.13.

AUTHORIZED REPRESENTATIVE MAY WEIGH VEHICLES AND REQUIRE REMOVAL OF EXCESS LOADS--GRADUATED PENALTIES.-- SB 186 Page 14 A.

A police officer with the New Mexico state police division of the department of public safety, having reason to believe that the weight of a vehicle and load is unlawful, may require the driver to stop and submit to weighing of the vehicle and load by means of either portable or stationary scales and may require the vehicle to be driven to h the nearest scales approved by the department of [publicpublic usafety »or r safety] SFCºpublic safety»SFC SFCºor the department of»SFCof t h g e l i transportation if the scales are within five miles.

A police h r i s officer shall not require a driver to weigh a vehicle on a h , e h private scale.

t u g e b l e e , gh B.

When a police officer with the New Mexico state n d d i = = o h police division of the department of public safety or a ltransportation ]inspector, bupon ,dweighing i a ºvehicle ror transportationcombination, inspector,determines uponthat weighingthe agross vehicle weight or ecombination rgross =vehicle tweight eexceeds wthe dmaximum mauthorized aby nSections o66-7-409 combination,and determines66-7-410 NMSA 1978, the officer or inspector shall require the driver or owner of the vehicle or combination to unload that portion of the load necessary to decrease the gross vehicle weight or dcombination mgross :vehicle weight to the authorized maximum.

b r e t º o t n = .218966.1SAAIC March 6, 2021 (8:27am) s k m e - 16 - e a n e d r e l u [ A d combination gross vehicle weight exceeds the maximum authorized by Sections 66-7-409 and 66-7-410 NMSA 1978, the officer or inspector shall require the driver or owner of the vehicle or combination to unload that portion of the load necessary to decrease the gross vehicle weight or combination gross vehicle weight to the authorized maximum.

A driver of a vehicle who fails or refuses to stop and submit the vehicle and load to weighing or who fails or refuses, when directed by a duly authorized police officer with the New Mexico state police division of the department of public safety or a transportation inspector, upon a SB 186 Page 15 weighing of the vehicle, to unload the vehicle and otherwise comply with the provisions of this section is guilty of a misdemeanor.

A shipper or a person loading the vehicle who intentionally overloads a vehicle that the shipper or person has reason to believe will travel in that condition upon a h public highway is guilty of a misdemeanor and shall be fined in u » r accordance with Section 66-8-116.1 NMSA 1978.

t h g e l i E.

In all cases of violations of weight h r i s limitations, the penalties shall be assessed and imposed in h , e h accordance with Section 66-8-116.1 NMSA 1978." t u g e b l e e , gh SECTION 12.

Section 66-7-412 NMSA 1978 (being Laws 1959, n d d i = = o h Chapter 247, Section 1, as amended) is amended to read:

l ] b ,d i a º r "66-7-412.

SPECIAL FARM PERMITS.--The [Newdepartment Mexicoof statetransportation eshall rhave =the tauthority eto wissue dspecial mpermits aat nall oports policeof divisionentry ofwhere registration stations or places where inspection and registration services are maintained by the department of publictransportation safety]to departmentall dimplements mof :husbandry using the highways, including farm tractors, and to the instrumentalities or vehicles that may be carrying the implements of husbandry, including farm tractors, when the securing of these permits is required by law." SECTION 13.

bSection r66-7-413 eNMSA t1978 º(being oLaws t1978, nChapter =35, .218966.1SAAICSection March484, 6,as 2021amended) (8:27am)is samended k m e - 17 - e a n e d r e l u [ A d of transportation shall have the authority to issueSB special186 permitsPage at16 allread: ports of entry where registration stations or places where inspection and registration services are maintained by the [New Mexico state police division ] department of transportation to all implements of husbandry using the highways, including farm tractors, and to the instrumentalities or vehicles that may be carrying the implements of husbandry, including farm tractors, when the securing of these permits is required by law." SECTION 13.

Section 66-7-413 NMSA 1978 (being Laws 1978, Chapter 35, Section 484, as amended) is amended to read:

PERMITS FOR EXCESSIVE SIZE AND WEIGHT--SPECIALWEIGHT-- SPECIAL NOTIFICATION REQUIRED ON MOVEMENT OF MANUFACTURED HOMES.-- A.

The department of [public safety ] transportation and local highway authorities may, in their discretion, upon application in writing and good cause being shown, issue a h special permit in writing authorizing the applicant to operate u » r or move a vehicle or load of a size or weight exceeding the t h g e l i maximum specified in Sections 66-7-401 through 66-7-416 NMSA h r i s 1978 on a highway under the jurisdiction of the state h , e h transportation commission or local authorities.

Except for the t u g e b l e e , gh movement of manufactured homes, a permit may be granted, in n d d i = = o h cases of emergency, for the transportation of loads on a l ] b ,d i a º r certain unit or combination of equipment for a specified period eof rtime =not tto eexceed wone dyear, mand athe npermit oshall ofcontain timethe notroute to exceedbe onetraversed, year,the type of load to be transported and theany permitother shallrestrictions containor dconditions mdeemed :necessary by the body granting the permit.

b r e t º o t n = .218966.1SAAIC March 6, 2021 (8:27am) s k m e - 18 - e a n e d r e l u [ A d the route to be traversed, the type of load to be transported and any other restrictions or conditions deemed necessary by the body granting the permit.

It is a misdemeanor for a SB 186 Page 17 person to violate a condition or term of the special permit.

The department of [public safety ] transportation shall promulgate rules in accordance with the State Rules Act pertaining to safety practices, liability insurance and equipment for escort vehicles provided by the motor carrier and for escort vehicles provided by a private business in this state.

h (1) The department of public safety SFCº or u » r the department of transportation»SFCtransportation shall provide the escort t h g e l i personnel with a copy of applicable rules and shall inspect the h r i s escort vehicles for the safety equipment required by the rules.

h , e h If the escort vehicles and personnel meet the requirements set t u g e b l e e , gh forth in the rules, the department of public safety shall issue n d d i = = o h the special permit.

l ] b ,d i a º r (2) The movement of vehicles upon the highways eof rthis =state trequiring ea wspecial dpermit mand arequired nto ouse an escort of the type noted in Paragraph (1) of this statesubsection requiringis asubject specialto permitthe authority of the department of transportation and requiredthe todepartment useof anpublic dsafety mand :to inspection at all times.

b r e t º o t n = .218966.1SAAIC March 6, 2021 (8:27am) s k m e - 19 - e a n e d r e l u [ A d escort of the type noted in Paragraph (1) of this subsection is subject to the authority of the department of transportation and the department of public safety [authority] and to inspection at all times.

After making that determination, the department SB 186 Page 18 of transportation shall hold public hearings in the area of the state affected by the determination, after which it may adopt rules designating those four-lane highways as being safe for the operation or movement of manufactured homes without an escort.

If a portion of such a four-lane highway lies within the boundaries of a municipality, the department of transportation, after obtaining the approval of the municipal h governing body, shall include such portions in its rules.

u » r C.

Except for the movement of manufactured homes, t h g e l i special permits may be issued for a single vehicle or h r i s combination of vehicles by the department of [public safety ] h , e h transportation for a period not to exceed one year for a fee of t u g e b l e e , gh two hundred fifty dollars ($250).

The special permits may n d d i = = o h allow excessive height, length and width for a vehicle or l ] b ,d i a º r combination of vehicles or load thereon and may include a e r = t e w d m a n o provision for excessive weight if the weight of the vehicle or dcombination mof :vehicles is not greater than one hundred forty thousand pounds.

b r e t º o t n = .218966.1SAAIC March 6, 2021 (8:27am) s k m e - 20 - e a n e d r e l u [ A d combination of vehicles is not greater than one hundred forty thousand pounds.

Special permits for a single trip for a vehicle or combination of vehicles or load thereon of excessive SB 186 Page 19 weight, width, length and height may be issued by the department of [public safety ] transportation for a single vehicle for a fee of twenty-five dollars ($25.00) plus the product of two and one-half cents ($.025) for each two thousand pounds in excess of eighty-six thousand four hundred pounds or major fraction thereof multiplied by the number of miles to be traveled by the vehicle or combination of vehicles on the highways of this state.

h E.

If a vehicle for which a permit is issued u » r pursuant to this section is a manufactured home, the department t h g e l i of [public safety ] transportation or local highway authority h r i s issuing the permit shall furnish the following information to h , e h the property tax division of the taxation and revenue t u g e b l e e , gh department, which shall forward the information:

n d d i = = o h (1) to the county assessor of a county from l ] b ,d i a º r which a manufactured home is being moved, the date the permit ewas rissued, =the tlocation ebeing wmoved dfrom, mthe alocation nbeing omoved wasto issued,if within the locationsame beingcounty, movedthe from,name of the locationowner beingof dthe mmanufactured :home and the identification and registration numbers of the manufactured home;

b(2) rto ethe tcounty ºassessor oof tany ncounty =in .218966.1SAAICthis Marchstate 6,to 2021which (8:27am)a smanufactured khome mis ebeing -moved, 21the -date ethe apermit nwas eissued, dthe rlocation ebeing lmoved ufrom, [the Alocation dbeing moved toto, if within the same county, the name of the owner of the manufactured home and the identificationregistration and registrationidentification SB 186 Page 20 numbers of the manufactured home;

(2) to the county assessor of any county in this state to which a manufactured home is being moved, the date the permit was issued, the location being moved from, the location being moved to, the name of the owner of the manufactured home and the registration and identification numbers of the manufactured home;

Except as provided in Subsection G of this section, if the movement of a manufactured home originates in h this state, a permit shall not be issued pursuant to Subsection u » r E of this section until the owner of the manufactured home or t h g e l i the authorized agent of the owner obtains and presents to the h r i s department of [public safety ] transportation proof that a h , e h certificate has been issued by the county assessor or treasurer t u g e b l e e , gh of the county in which the manufactured home movement n d d i = = o h originates showing that either:

l ] b ,d i a º r (1) all property taxes due or to become due on e r = t e w d m a n o the manufactured home for the current tax year or any past tax dyears mhave :been paid, except for manufactured homes located on an Indian reservation;

b r e t º o t n = .218966.1SAAIC March 6, 2021 (8:27am) s k m e - 22 - e a n e d r e l u [ A d years have been paid, except for manufactured homes located on an Indian reservation;

The movement of a manufactured home from the lot or business location of a manufactured home dealer to its SB 186 Page 21 destination designated by an owner-purchaser is not subject to the requirements of Subsection F of this section if the manufactured home movement originates from the lot or business location of the dealer and the manufactured home was part of the dealer's inventory prior to the sale to the owner-owner-purchaser; purchaser;

however, the movement of a manufactured home by a dealer or the dealer's authorized agent as a result of a sale or trade-in from a nondealer-owner is subject to the h requirements of Subsection F of this section whether the u » r destination is the business location of a dealer or some other t h g e l i destination.

h r i s H.

A permit shall not be issued pursuant to this h , e h section for movement of a manufactured home whose width exceeds t u g e b l e e , gh eighteen feet with no more than a six-inch roof overhang on the n d d i = = o h left side or twelve inches on the right side in addition to the l ] b ,d i a º r eighteen-foot width of the manufactured home.

Manufactured e r = t e w d m a n o homes exceeding the limitations of this section shall only be dmoved mon :dollies placed on the front and the rear of the structure.

b r e t º o t n = .218966.1SAAIC March 6, 2021 (8:27am) s k m e - 23 - e a n e d r e l u [ A d moved on dollies placed on the front and the rear of the structure.

The secretary of [public safety ] transportation may by rule provide for movers of manufactured homes to self-self-issue issue permits for certain sizes of manufactured homes over specific routes.

The secretary of [public safety ] transportation may provide by SB 186 Page 22 rule for dealers of implements of husbandry to self-issue permits for the movement of certain sizes of implements of husbandry from the lot or business location of the dealer over specific routes with specific escort requirements, if necessary, to a destination designated by an owner-purchaser or for purposes of a working demonstration on the property of a proposed owner-purchaser.

The department of [public safety ] transportation shall charge a fee for each h self-issued permit not to exceed fifteen dollars ($15.00).

g o t hr K.

A private motor carrier requesting an oversize g e i k or overweight permit shall provide proof of insurance in at h r i s least the following amounts:

h , t, (1) bodily injury liability, providing:

e u g e b l e e h (a) fifty thousand dollars ($50,000) for n d d i = = o h each person;

and l ] b ,d i a º e (b) one hundred thousand dollars r i = r t e w d m a n o ($100,000) for each accident;

and d(2) mproperty :damage liability, providing twenty-five thousand dollars ($25,000) for each accident.

b e d s º o t n = .218966.1SAAIC March 6, 2021 (8:27am) s k m e - 24 - e a n e d r e l u [ A d (2) property damage liability, providing twenty-five thousand dollars ($25,000) for each accident.

The department of [public safety ] transportation may provide by SB 186 Page 23 rule the time periods during which a vehicle or load of a size or weight exceeding the maximum specified in Sections 66-7-401 through 66-7-416 NMSA 1978 may be operated or moved by a motor carrier on a highway under the jurisdiction of the state transportation commission or local authorities.

An applicant for a special permit to operate a vehicle or combination of vehicles with a gross weight not exceeding ninety-six thousand pounds within six miles of the h port of entry at the border with Mexico at Santa Teresa or u » r within a circular quadrant starting at that port of entry with t h g e l i an east boundary line running due north twelve miles from the h r i s Santa Teresa port of entry to a point, then along an arc to the h , e h west with a twelve-mile radius and central angle of t u g e b l e e , gh approximately ninety degrees to a point on the international n d d i = = o h boundary with Mexico, then returning due east twelve miles to l ] b ,d i a º r the starting point at that port of entry, and twelve miles of eother rports =of tentry eon wthe dborder mwith aMexico nshall onot otherbe portsrequired ofto entrydemonstrate onto the borderdepartment withof Mexicotransportation shallthat notthe load cannot be dreduced mas :a condition of the issuance of the permit.

b r e t º o t n = .218966.1SAAIC March 6, 2021 (8:27am) s k m e - 25 - e a n e d r e l u [ A d required to demonstrate to the department of [public safety] transportation that the load cannot be reduced as a condition of the issuance of the permit.

Revenue from fees for special permits authorizing vehicles and loads of excessive size or weight to operate or move upon a highway under the jurisdiction of the state transportation commission or local authorities shall be collected for the department of transportation and SB 186 Page 24 transferred to the state road fund." SECTION 14.

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, h and no such permit shall be issued unless:

g o t hr (1) an engineering investigation and review g e i k have been conducted to:

h r i s (a) establish whether the move could be h , t, made without visible or documented damages to the portion of e u g e b l e e h road or bridges upon which the move is to be made;

n d d i = = o h (b) establish whether the move could be l ] b ,d i a º e made without visible or documented damages to any private r i = r t e w d m a n o facilities along the road upon which the move is to be made;

dand m(c) :estimate the cost for any necessary modifications the move may cause;

band e(2) dwhen srequired, ºthe oapplicant thas nsubmitted =to .218966.1SAAICthe Marchdepartment 6,of 2021transportation (8:27am)and sthe klocal mhighway eauthorities -all 26pertinent -information erequested aof nthe eapplicant dby rthe edepartment lof utransportation [ A d and (c) estimate the costNew forMexico anystate necessarypolice modificationsdivision. the move may cause;

andIf (2)the whensubmitted required,data are SB 186 Page 25 not acceptable to the department of transportation, the applicant haswill submittedbe toadvised by the [NewNew Mexico state police division ofthat theengineering departmentinvestigations ofwill publicbe safety]conducted by the department of transportationtransportation, and the localcost highwayincurred authoritiesby allthe pertinentdepartment informationof requestedtransportation ofwill thebe applicantpaid by the departmentapplicant ofas transportationan andadded thecost Newto Mexicothe statepermit policefee. division.

If the submitted data are not acceptable to the department of transportation, the applicant will be advised by the New Mexico state police division that engineering investigations will be conducted by the department of transportation, and the cost incurred by the department of transportation will be paid by the applicant as an added cost to the permit fee.

The [New Mexico state police division ] h department of transportation shall adopt the necessary rules g o t hr [and regulations ] for the development of data for an g e i k investigation to determine whether to issue any special permit h r i s pursuant to Section 66-7-413 NMSA 1978.

h , t, C.

The applicant or the applicant's employer shall e u g e b l e e h pay the costs for any modifications to the road, bridges or n d d i = = o h private facilities along the road that the [Newdepartment Mexicoof statetransportation lhas ]determined bare ,dnecessary ifor athe ºissuance eof policethe division]special departmentpermit ofand transportationthe hascosts determinedfor rany idamages =to rthe troad eor wbridges dthat mare athe nresult oof arethe necessarymove forand the issuancefault of the specialmover permit and not the ddepartment mof :transportation.

b e d s º o t n = .218966.1SAAIC March 6, 2021 (8:27am) s k m e - 27 - e a n e d r e l u [ A d 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 [New Mexico state police division] department of transportation.

Nothing contained in this section shall limit in any manner the authority of the state, a county, a municipality or a political subdivision to collect damages SB 186 Page 26 for any unlawful use of highways as provided by law." SECTION 15.

In addition to the authority granted in Section h 66-7-413 NMSA 1978, the [New Mexico state police division of u » r the department of public safety] department of transportation t h g e l i may issue special permits authorizing an increase of up to h r i s twenty-five percent in axle weight for liquid hauling tank h , e h vehicles whenever the liquid hauling tank vehicles would have t u g e b l e e , gh to haul less than a full tank under the maximum weights n d d i = = o h authorized in Sections 66-7-409 and 66-7-410 NMSA 1978.

A l ] b ,d i a º r special permit under this section may be issued for a single e r = t e w d m a n o trip or for a year.

The fee for the permits shall be thirty-thirty-five ddollars m($35.00) :for a single-trip permit and one hundred twenty dollars ($120) for an annual permit.

b r e t º o t n = .218966.1SAAIC March 6, 2021 (8:27am) s k m e - 28 - e a n e d r e l u [ A d five dollars ($35.00) for a single-trip permit and one hundred twenty dollars ($120) for an annual permit.

A special permit issued pursuant to this section shall not be valid for gross vehicle weights in excess of eighty-six thousand four SB 186 Page 27 hundred pounds or for a combination vehicle.

If the federal highway administration of the United States department of transportation gives official notice that money will be withheld or that this section h violates the grandfather provision of 23 USCA 127, the u » r secretary may withdraw all special permits and discontinue t h g e l i issuance of all special permits authorized in this section h r i s until such time that final determination is made.

If the final h , e h determination allows the state to issue the special permits t u g e b l e e , gh without sanction of funds or weight tables, the secretary shall n d d i = = o h reissue the special permits previously withdrawn and make the l ] b ,d i a º r special permits available pursuant to this section." e r = t e w d m a n o SECTION 16.

Section 66-7-413.5 NMSA 1978 (being Laws d2003, mChapter :333, Section 1) is amended to read:

b r e t º o t n = .218966.1SAAIC March 6, 2021 (8:27am) s k m e - 29 - e a n e d r e l u [ A d 2003, Chapter 333, Section 1) is amended to read:

SB 186 Page 28 (2) the load is not transported for a distance greater than one hundred miles;

and h (5) the vehicle is not operated on highways g o t hr for which a more strict size or weight limitation is required g e i k by federal law.

h r i s B.

If the owner of a seed cotton module transport h , t, vehicle transports a load of more than fifty-nine thousand four e u g e b l e e h hundred pounds, the owner is liable to the state, county or n d d i = = o h municipality for damage to a highway, street, road or bridge l ] b ,d i a º e caused by the weight of the load and transport.

r i = r t e w d m a n o C.

If the seed cotton module transport vehicle is dnot moperated :on routes identified by the department of transportation as having deficient bridge structures, the owner or operator shall obtain and have in possession the deficient bridge information from the department on an annual basis.

b e d s º o t n = .218966.1SAAIC March 6, 2021 (8:27am) s k m e - 30 - e a n e d r e l u [ A d not operated on routes identified by the [state highway and] department of transportation [department] as having deficient bridge structures, the owner or operator shall obtain and have in possession the deficient bridge information from the department on an annual basis.

Section 66-7-413.7 NMSA 1978 (being Laws SB 186 Page 29 2008, Chapter 63, Section 2) is amended to read:

An agricultural product transport vehicle may be issued a special permit for an annual fee of two hundred fifty h dollars ($250) to transport loads for multiple trips pursuant g o t hr to Section 66-7-413 NMSA 1978.

The area covered by the special g e i k permit shall be specified on the permit.

h r i s B.

The multiple trip special permits for h , t, agricultural product transport vehicles may be issued for up to e u g e b l e e h five thousand pounds over the gross vehicle weight pursuant to n d d i = = o h Section 66-7-410 NMSA 1978.

l ] b ,d i a º e C.

An agricultural product transport vehicle shall r i = r t e w d m a n o not be operated on highways for which a more strict size or dweight mlimitation :is required by federal law.

b e d s º o t n = .218966.1SAAIC March 6, 2021 (8:27am) s k m e - 31 - e a n e d r e l u [ A d weight limitation is required by federal law.

SB 186 Page 30 E.

As used in this section, "agricultural product transport vehicle" means a motor vehicle, freight trailer or utility trailer or a combination thereof used exclusively for hauling agricultural products harvested in an agricultural area that lies within New Mexico or within New Mexico and in an adjacent state." hSB -186 32Page -31 u8 »25 r t h g e l i h r i s h , e h t u g e b l e e , gh n d d i = = o h l ] b ,d i a º r e r = t e w d m a n o d m :

b r e t º o t n = .218966.1SAAIC March 6, 2021 (8:27am) s k m e e a n e d r e l u [ A d