N.M. Code R. § 18.21.3.16 – Eligibility

A. Intended primarily for rural interchanges: Traveler information panels shall be erected and maintained at rural interchanges whether a business is or is not visible to the traveling public from the highway and at suburban or urban interchanges where spacing allows.
B. Types of services and criteria: Types of services and criteria are set forth in Subsection B of 18.21.3.10 NMAC.
C. Conformity with civil rights laws: The owner or responsible operator of a qualified traveler business must give written assurance of its conformity with all applicable laws concerning the provisions of public accommodations without regard to race, religion, sex, handicap or national origin.
D. Mileage limits - who may apply. (See Subsection A of 18.21.3.10 NMAC)
E. Rules applicable to business signs:
(1) The owner or responsible operator of the business must file an application for placement of its business sign on all traveler informational panels erected at the interchange on which it is eligible for such placement, and if it is not visible from the exit ramp, on any supplemental directional panel on the exit ramp or at its terminus, on a form specified by the department or when applicable, the program manager/contractor.
(2) The applicant must also agree to furnish the necessary number of its business signs to be affixed to the traveler informational panels.
(3) The applicant must also acknowledge that the permit is revocable for his failure to comply with those requirements of Subsection J of 18.21.3.16 NMAC of this section; that revocation under this paragraph forfeits applicant's paid rental and permit fees, there being no allowance for a pro rata refund for the remainder of the year.
(4) The applicant expressly agrees to waive all claims against the department and when applicable, its contractor, including claims for damage to its business signs by the department's or contractor installation, maintenance removal and replacement as required in Subsection B of 18.21.3.18 NMAC. Applicant further agrees to indemnify the department and when applicable, the contractor and save them harmless from all claims arising out of the erection, maintenance and existence of applicant's business and logo signs within department's right of way. Such claims to be indemnified include, but are not limited to, damages caused as a result of relying upon the representations made by the business and logo signs to the detriment of the traveling public.
F. Conformity with laws: All signs or advertising on the premises must be in full compliance with all other state and federal laws and regulations.
G. Priority of business sign application: If applications are received for any one interchange from more than the maximum allowable businesses to be placed on any one panel, only six applications for gas, food, lodging, camping and attraction shall be granted. The order of priority shall be the six businesses closest to the interchange that have applied for a permit prior to the closing date set by the department or the contractor for receipt of applications except as stated in Subsection A of 18.21.3.16 NMAC of this requirement.
H. Length of time of permit: Any grant of a new or renewal application shall entitle the applicant to placement of its business sign(s) on traveler information panel(s) for the interchange(s) for the paid rental period.
I. Permit renewed annually: Eligibility of qualified traveler service businesses for continued placement of their business sign on a traveler information panel may be reviewed annually before a grant of renewal permit, on the same basis as for an original permit, but no new application shall be deemed to have higher priority than a renewal application unless it is received at least sixty (60) days before the permit is scheduled to expire under Subsection H of 18.21.3.16 NMAC.
J. Causes for removal of business signs: Notwithstanding Subsection I of 18.21.3.16 NMAC of this section, the business sign of a traveler service business shall be removed from all traveler informational panels and may be replaced by the business sign of another qualified applicant for failure to comply with Subsection B of 18.21.3.10 NMAC, as follows:
(1) If it fails on a sufficient number of occasions or over a sufficient period of time to provide all of the services required by Subsection B of 18.21.3.10 NMAC, so as to justify a finding by the department or when applicable the program manager that the business is not in substantial compliance with that paragraph.
(2) If it fails to open for business for more than seven consecutive days or for more than ten days cumulatively during any one-year period, unless the department or when applicable the program manager finds that closure for such period was beyond the control of the owner or responsible operator, or that the closure was justified by extenuating circumstances.
(3) If it fails to comply with Subsection C of 18.21.3.16 NMAC of this section, except in isolated instances without the knowledge of the owner, responsible operator or manager of the business, or on any occasion unless steps are promptly taken to insure to the fullest extent reasonably possible that such instances will not recur.
(4) If it willfully fails to comply with Subsection F of 18.21.3.16 NMAC of this section, or if it fails to take immediate steps to comply promptly after it is notified or becomes aware that it is not in compliance.
K. Removal caused by fire or accident: If due to fire, accident or similar causes, a qualified traveler service business becomes inoperable for an extended period of time, exceeding seven days, but not more than ninety days, its business sign shall be temporarily removed from or covered on all motorist informational panels, but the business shall not lose its priority. Further extension may be granted on good cause shown. However, failure of the owner or responsible operator to proceed with necessary repairs within a reasonable time shall cause the loss of right to continued placement of the business sign and require a new application.
L. Waiver: Upon petition by an applicant showing a significant business disadvantage to it which would arise under strict enforcement of these regulations, or showing a substantial benefit to the public if a variance is granted, the department or when applicable the program manager may authorize a waiver of any requirements of Subsection J of 18.21.3.16 NMAC:
(1) that it will not derogate from the purposes of these requirements;
(2) that the applicant will suffer a significant business disadvantage if the waiver is not granted, or that a substantial benefit to the public will be realized if the waiver is granted;
(3) that the waiver will not be contrary to any provisions of state law, or federal law or regulations.
[9/30/98; 18.21.3.16 NMAC - Rn & A, 18 NMAC 21.3.16, 1/14/2005]