New Mexico § 66-7-375 - Use of a handheld mobile communication device while driving a commercial motor vehicle

§ 66-7-375. Use of a handheld mobile communication device while driving a commercial motor vehicle

A. A person shall not use a handheld mobile communication device for any purpose while

driving a commercial motor vehicle except to summon medical or other emergency help

or unless that device is an amateur radio and the driver holds a valid amateur radio

operator license issued by the federal communications commission. This prohibition is a separate prohibition from the prohibition on texting while

driving pursuant to Section 66-7-374 NMSA 1978 . B. The provisions of this section shall not be construed as authorizing the seizure

or forfeiture of a handheld mobile communication device. Unless otherwise provided by law, the handheld mobile communication device used

in the violation of the provisions of this section is not subject to search by a law

enforcement officer during a traffic stop made pursuant to the provisions of this

section. C. As used in this section: (1) “ commercial motor vehicle ” means a motor vehicle or combination of motor vehicles used in commerce to transport

passengers or property if the motor vehicle: (a) has a gross combination weight rating of more than twenty-six thousand pounds

inclusive of a towed unit with a gross vehicle weight rating of more than ten thousand

pounds; (b) has a gross vehicle weight rating of more than twenty-six thousand pounds; (c) is designed to transport sixteen or more passengers, including the driver; or (d) is of any size and is used in the transportation of hazardous materials as provided

in 49 CFR Part 383.5 ; (2) “ driving ” means being in actual physical control of a commercial motor vehicle on a highway

or street and includes being temporarily stopped because of traffic, a traffic light

or stop sign or otherwise; but “driving” excludes a commercial motor vehicle when

the vehicle has pulled over to the side of or off of an active roadway and has stopped

at a location in which it can safely remain stationary; (3) “ handheld mobile communication device ” means a wireless communication device that is designed to receive and transmit text,

voice or image messages; provided, however, that “handheld mobile communication device”

excludes global positioning or navigation systems; citizen band radios with a handheld

microphone operated by a single button or lever; devices that are physically or electronically

integrated into a commercial motor vehicle; and voice-operated or hands-free devices

that allow the user to compose, send or read a text message or talk without the use

of a hand, except to activate, deactivate or initiate a feature or function; and (4) “ text message ” means a digital communication transmitted or intended to be transmitted between

communication devices and includes electronic mail, an instant message, a text or

image communication and a command or request to an internet site; but “text message”

excludes communications through the use of a computer-aided dispatch service by law

enforcement or rescue personnel.