New Mexico § 65-1-2 - Definitions

§ 65-1-2. Definitions

As used in the Motor Transportation Act: A. “ combination ” means any connected assemblage of a motor vehicle and one or more semitrailers,

trailers or semitrailers converted to trailers by means of a converter gear; B. “ combination gross vehicle weight ” means the sum total of the gross vehicle weights of all units of a combination; C. “ commercial motor carrier vehicle ” means a self-propelled or towed vehicle, other than special mobile equipment, used

on public highways in commerce to transport passengers or property when the vehicle: (1) is operated interstate and has a gross vehicle weight rating or gross combination

weight rating, or gross vehicle weight or gross combination weight, of four thousand

five hundred thirty-six kilograms, or ten thousand one pounds or more; or 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 twenty-six

thousand one or more pounds; (2) is designed or used to transport more than eight passengers, including the driver,

and is used to transport passengers for compensation; (3) is designed or used to transport more than fifteen passengers, including the driver,

and is not used to transport passengers for compensation; or (4) is used to transport hazardous materials of the type or quantity requiring placarding

under rules prescribed by applicable federal or state law; D. “ converter gear ” means any assemblage of one or more axles with a fifth wheel mounted thereon, designed

for use in a combination to support the front end of a semitrailer but not permanently

attached thereto. A “converter gear” shall not be considered a vehicle as that term is used in Chapter 66 NMSA 1978 , but its weight shall be included in declared gross weight; E. “ declared gross weight ” means maximum gross vehicle weight or combination gross vehicle weight at which

a vehicle or combination will be operated during the registration period as declared

by the registrant for registration and fee purposes. The vehicle or combination shall have only one “declared gross weight” for all operating

considerations; F. “ department ”, without modification, means the department of public safety, the secretary of public

safety or any employee of the department exercising authority lawfully delegated to

that employee by the secretary; G. “ director ” means the secretary; H. “ division ” means the New Mexico state police division of the department; I. “ evidence of registration ” means documentation issued by the taxation and revenue department identifying a

motor carrier vehicle as being registered with New Mexico or documentation issued

by another state pursuant to the terms of a multistate agreement on registration of

vehicles to which this state is a party identifying a motor carrier vehicle as being

registered with that state; provided that evidence of payment of the weight distance

tax and permits obtained under either the Special Fuels Supplier Tax Act or Trip Tax

Act are not “evidence of registration”; J. “ field enforcement ” or “ in the field ” means patrolling of the highway, stopping of commercial motor carrier vehicles or

establishing ports of entry and roadblocks for the purpose of checking motor carriers

and includes similar activities; K. “ freight trailer ” means any trailer, semitrailer or pole trailer drawn by a truck tractor or road

tractor and any trailer, semitrailer or pole trailer drawn by a truck that has a gross

vehicle weight of more than twenty-six thousand pounds, but the term does not include

house trailers, trailers of less than one-ton carrying capacity used to transport

animals or fertilizer trailers of less than three thousand five hundred pounds empty

weight; L. “ gross vehicle weight ” means the weight of a vehicle without load plus the weight of any load thereon; M. “ motor carrier ” means any person that owns, controls, operates or manages any motor vehicle with

gross vehicle weight of twelve thousand pounds or more that is used to transport persons

or property on the public highways of this state; N. “ motor vehicle ” means any vehicle or device that is propelled by an internal combustion engine or

electric motor power that is used or may be used on the public highways for the purpose

of transporting persons or property and includes any connected trailer or semitrailer; O. “ one-way rental fleet ” means two or more vehicles each having a gross vehicle weight of under twenty-six

thousand one pounds and rented to the public without a driver; P. “ person ” means any individual, estate, trust, receiver, cooperative association, club, corporation,

company, firm, partnership, joint venture, syndicate or other association; “ person ” also means, to the extent permitted by law, any federal, state or other governmental

unit or subdivision or an agency, department or instrumentality; “ person ” also includes an officer or employee of a corporation, a member or employee of a

partnership or any individual who, as such, is under a duty to perform any act in

respect of which a violation occurs; Q. “ properly registered ” means bearing the lawfully issued and currently valid evidence of registration of

this or another jurisdiction, regardless of the owner's residence, except in those

cases where the evidence has been procured by misrepresentation or fraud; R. “ public highway ” means every way or place generally open to the use of the public as a matter of

right for the purpose of vehicular travel, even though it may be temporarily closed

or restricted for the purpose of construction, maintenance, repair or reconstruction; S. “ secretary ” means the secretary of public safety and, except for the purposes of Section 65-1-33 NMSA 1978 , also includes a deputy secretary and any division director delegated by the secretary; T. “ state ” or “ jurisdiction ” means a state, territory or possession of the United States, the District of Columbia,

the commonwealth of Puerto Rico, a foreign country or a state or province of a foreign

country; and U. “ utility trailer ” means any trailer, semitrailer or pole trailer and includes house trailers that

exceed neither eight feet in width nor forty feet in length, but does not include

freight trailers, trailers of less than one-ton carrying capacity used to transport

animals or fertilizer trailers of less than three thousand five hundred pounds empty

weight.