The department of public safety hereby adopts Parts 385, 387, 390 and Appendix F (Commercial Zones) of Subchapter B of Chapter III of Title 49 of the Code of Federal Regulations. The provisions in these parts are applicable to interstate and intrastate motor carriers, commercial motor vehicles and employees with the following amendments:

1. A. Where the regulations refer to the United States department of transportation (DOT), substitute the New Mexico department of public safety.
2. B. Where the regulations refer to the federal motor carrier safety administration, substitute the New Mexico department of public safety.
3. C. Where the regulations refer to the secretary of the United States department of transportation, substitute the New Mexico secretary of the department of public safety.
4. D. Where the regulations refer to a special agent of the federal motor carrier safety administration, substitute all personnel safety certified and approved by the director of the motor transportation division of the department of public safety.
5. E. Part 385.13(a) is amended to read “Generally, a motor carrier rated “unsatisfactory” is prohibited from operating a CMV. Information on motor carriers, including their most current safety rating, is available from the department of public safety on the internet at http://www.dps.nm.org or by telephone at (505) 827-0645.”
6. F. Part 385.13(d) is amended to read “Penalties. If a proposed "unsatisfactory'' safety rating becomes final, the department of public safety will issue an order placing its intrastate operations out of service. Any motor carrier that operates CMVs in violation of this section will be subject to the penalty provisions listed in Sections 66-2-9 NMSA 1978, 66-5-71 NMSA 1978, 66-5-58 NMSA 1978 and 66-8-7 NMSA 1978.”
7. G. Part 385.14(a) is amended to read “A CMV owner or operator that has failed to pay civil penalties imposed by the taxation and revenue department, or has failed to abide by a payment plan, may be prohibited from operating CMVs in intrastate commerce.”
8. H. Part 385.14(b) is amended to read “A broker, freight forwarder, or for-hire motor carrier that has failed to pay civil penalties imposed by the taxation and revenue department, or has failed to abide by a payment plan, may be prohibited from operating in intrastate commerce, and its registration may be suspended under the provisions of section 66-2-9 NMSA 1978.
9. I. Part 385.15(c) is amended to read “The motor carrier must submit its request in writing to the Department of Public Safety, Motor Transportation Division, P.O. Box 1628 Santa Fe, NM 87504.”
10. J. Part 385.17(b) is amended to read “A motor carrier must make this request in writing to the Department of Public Safety, Motor Transportation Division, P.O. Box 1628 Santa Fe, NM 87504.”

11. K. Part 390.5, Definitions, is amended to read:

    (1) "Commercial motor vehicle" means any self propelled or towed vehicle used on public highways in commerce to transport passengers or property when:

    (a) the vehicle is operated interstate and has a gross vehicle weight rating or gross combination weight rating, or gross vehicle weight or gross combination weight, of 4,536 kg (10,001 pounds) or more whichever is greater; or the vehicle 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 26,001 or more pounds whichever is greater; or

    (b) is designed or used to transport more than 8 passengers (including the driver); for compensation; or

    (c) is designed or used to transport more than 15 passengers, (including the driver) and is not used to transport passengers for compensation; or

    (d) is used in transporting material found by the secretary of transportation to be hazardous under 49 U.S.C. 5103 and transported in a quantity requiring placarding under regulations prescribed by the secretary under 49 CFR, subtitle B, Chapter I, subchapter C;

    (2) 390.19 is amended to add: “Intrastate motor carriers operating commercial motor vehicles are required to apply for a New Mexico safety identification number from the motor vehicle division, New Mexico taxation and revenue department.”

    (3) 390.21 is amended to add: “Intrastate carriers operating commercial motor vehicles are required to mark their vehicles with the assigned New Mexico safety identification number, preceded by the letters USDOT.”

    [2-3-93; 11-17-93; 2-14-95; 11-17-95; 4-30-97; 18.2.3.10 NMAC - Rp 18 NMAC 2.3.10, 6-29-00; A, 7/31/02; A, 1/30/04; A, 07-16-07; A, 11-14-08]