A motor carrier shall only use equipment for vehicles that is produced and constructed by a manufacturer of such equipment that regularly produces such equipment of guaranteed quality. The department may approve the use of non-guaranteed equipment only if the motor carrier submits a written request for use of such equipment accompanied by a verified statement from a reputable testing laboratory regularly engaged in the testing of the same equipment to certify that the equipment is appropriate for the intended purpose. The motor carrier shall bear all costs of testing and certification.

History of 18.3.4 NMAC:

Pre-NMAC history. The material in this rule was previously filed with the state records center as:

SCCMC Rule No. 3, Hours of Service, filed on 3/5/1982;

SCCMC Rule No. 6, Qualifications of Drivers, filed on 3/5/1982;

SCCMC Rule No. 7, Driving of Motor Vehicles, filed on 3/5/1982;

SCCMC Rule No. 8, Emergency Equipment, filed on 3/5/1982;

SCCMC Rule No. 9, Securing of Load and Equipment, filed on 3/5/1982;

SCCMC Rule No. 11, Emergency Signals, filed on 3/5/1982;

SCCMC Rule No. 12, Head Lamps and Auxiliary Road Lighting Lamps, filed on 3/5/1982;

SCCMC Rule No. 13, Brakes, filed on 3/5/1982;

SCCMC Rule No. 14, Equipment Required on Certain Vehicles, filed on 3/5/1982;

SCCMC Rule No. 15, Windshields Must be Unobstructed and Equipped with Wipers, filed on 3/5/1982;

SCCMC Rule No. 16, Mirrors, filed on 3/5/1982;

SCCMC Rule No. 17, Horns and Warning Devices, filed on 3/5/1982;

SCCMC Rule No. 37, Slick Tires, filed on 3/5/1982;

SCCMC Rule No. 39, Identification of Equipment, filed on 3/5/1982;

SCC 68-16, N.M. Motor Carrier Act, Rules and Regulations, effective Sept. 1, 1967, filed on 3/14/1968;

SCC 71-6, N.M. Motor Carrier Act, Rules and Regulations, effective July 1, 1971, filed on 9/21/1971;

SCC 73-1, N.M. Motor Carrier Act, Rules and Regulations, filed on 6/14/1973;

SCC 74-1, N.M. Motor Carrier Act, Rules and Regulations, effective July 1, 1973, filed on 2/5/1974;

SCC 75-1, N.M. Motor Carrier Act, Rules and Regulations, effective Jan. 1, 1975, filed on 4/17/1975;

SCC 75-3, N.M. Motor Carrier Act, Rules and Regulations (Rev.), effective Jan. 1, 1975, filed on 9/19/1975;

SCC 76-1, N.M. Motor Carrier Act, Rules and Regulations, effective April 1, 1976, filed on 4/15/1976;

SCC 77-1, N.M. Motor Carrier Act, Rules and Regulations, effective Jan. 1, 1977, filed on 1/25/1977;

SCC Rule 207, Emergency Rule Governing Motor Carriers of Property, filed on 12/28/1994;

SCC Rule 231, General Compliance Requirements, filed on 1/5/1993;

SCC Rule 231, General Compliance Requirements, filed on 10/27/1993.

SCC Rule 241, Records of Motor Transportation Entities, filed on 1/5/1993.

History of repealed material.

SCC Rule 207, Emergency Rule Governing Motor Carriers of Property (filed 12/28/1994) repealed 12/30/2002.

SCC Rule 231, General Compliance Requirements (filed 10/27/1993) repealed 12/30/2002.

SCC Rule 241 Records of Motor Transportation Entities (filed 1/5/1993) repealed 12/30/2002.

18.3.4 NMAC, Qualifications of Drivers (filed 12/10/2002) repealed 1/1/2005.

18.3.4 NMAC, Operating Requirements (filed 12/10/2002) repealed 1/1/2005.

18.3.4 NMAC, Operating Requirements (filed 12-16-2004) repealed 2/13/2015.

18.3.4 NMAC, Operating Requirements (filed 1/28/2015) repealed 7/1/2024.

Other History:

That applicable portion of SCC Rule 231, General Compliance Requirements (filed 10/27/1993) replaced by 18.3.4 NMAC, Qualifications of Drivers effective 12/30/2002;

SCC Rule 207, Emergency Rule Governing Motor Carriers of Property (filed 12/28/1994); that applicable portion of SCC Rule 231, General Compliance Requirements (filed 10/27/1993); and SCC Rule 241 Records of Motor Transportation Entities (filed 1/5/1993) all replaced by 18.3.5 NMAC, Operating Requirements, effective 12/30/2002;

18.3.4 NMAC, Qualifications of Drivers (filed 12/10/2002) and 18.3.5 NMAC, Operating Requirements (filed 12/10/2002) both replaced by 18.3.4 NMAC, Safety Requirements, effective 1/1/2005.

18.3.4 NMAC, Safety Requirements (filed 12/16/2004) was replaced by 18.3.4 NMAC, Safety Requirements,

effective 2/13/2015.

18.3.4 NMAC, Safety Requirements (filed 1/28/2015) was replaced by 18.3.4 NMAC, Safety Requirements,

effective 7/1/2024.

[18.3.4.14 NMAC - Rp, 18.3.4.14 NMAC, 7/1/2024]