New Mexico Register / Volume XXXV,
Issue 24 / December 23, 2024
This is an emergency amendment to 18.3.4 NMAC, Section
12, effective 12/23/2024.
18.3.4.12 REQUIREMENTS APPLICABLE ONLY TO
NON-CDL DRIVERS:
A. Operators’ licenses: is 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, except as provided in
Subparagraph (g) of Paragraph (2) of Subsection B of 18.3.4.12 NMAC; or
(g) with respect to drivers of
full-service ambulance services, is not at least 18
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.l7.1.8
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.
[18.3.4.12 NMAC - Rp,
18.3.4.12 NMAC, 7/1/2024; A/E, 12/23/2024]