Motor carriers shall require and ensure that all drivers in their service, including themselves, comply with the duties and prohibitions of these rules.

1. A. Drug and alcohol programs and testing for drivers: This rule adopts by reference 49 CFR Part 40 in its entirety, and 49 CFR Section 382, except for Sections 382.117 and 382.119.

2. B. Hours of service: Ambulance services shall adopt and enforce a policy governing hours of service for their drivers. For other motor carriers the following restrictions apply to:

   1. (1) drivers operating for taxicab services, non-emergency medical transportation services, specialized passenger services, and intrastate shuttle service with passenger capacity of 15 or less, a driver shall not drive the service vehicle for more than 12 hours out of any 24 hour period;
   2. (2) all other drivers, this rule adopts by reference 49 CFR Part 395, except that section 395.1(e)(1) is amended to add: “or operates in intrastate commerce within a 150 air-mile radius of the normal work reporting location.”
3. C. Pre-employment criminal and driver background reports: Prior to hiring or contracting with a potential driver, all motor carriers shall obtain a nationwide criminal record report and a nationwide motor vehicle report (MVR) to review that candidate’s prior record for any relevant public safety violations. For household goods service carriers, a criminal background report is additionally required for each employee entering private dwellings.

[18.3.4.10 NMAC - Rp, 18.3.4.10 NMAC, 7/1/2024]