§ 66-3-1.3 — Unregistered foreign commercial motor carrier vehicle

New Mexico § 66-3-1.3

• Jurisdiction: New Mexico
• Ch. 66: Motor Vehicles
• Art. 3: Registration Laws; Security Interests; Anti-Theft

Text

operations. A. As used in this section: (1) "foreign commercial motor carrier vehicle" means a commercial motor carrier vehicle as defined in Subsection C of Section 65-1-2 NMSA 1978 that is titled and licensed in a jurisdiction other than New Mexico; (2) "registrant" means the person accepting financial responsibility for payment of all fees and taxes that become due as a result of vehicle operations. Financial responsibility is assigned to the person named on the registration application; (3) "short-term" means for a period of more than forty-eight hours and less than one hundred eighty days; (4) "short-term registration" means meeting all registration, licensing, posting of security and taxation requirements as provided in this section; and (5) "unregistered" means a foreign commercial motor carrier vehicle not registered with the department under the provisions of Section 65-1-12 NMSA 1978, Subsection B of Section 66-3-5 NMSA 1978 and, if applicable, the tax-excluded user permit provisions of Section 7-16-6 NMSA 1978. B. The owner of a foreign commercial motor carrier vehicle that is to be operated within the state on a short-term basis shall comply with the short-term registration provisions as provided in this section before operating the vehicle upon the highways of New Mexico. If an owner or operator of a foreign commercial motor carrier vehicle does not comply with the short-term registration provisions as provided in this section, the owner or operator shall: (1) stop at a port of entry and pay all applicable fees and taxes on a trip basis in accordance with normal fee and tax schedules applicable to unregistered vehicles; or (2) register with the department in accordance with all registration and permit requirements as specified by this section. C. Any owner or operator electing to register a foreign commercial motor carrier vehicle with the department on a short-term basis shall meet the following requirements before operating that vehicle upon the highways of New Mexico: (1) file with the department a short-term registration application that provides the following information for each commercial motor carrier vehicle to be operated under this section: (a) base state; (b) unit number; (c) year and make of vehicle; (d) vehicle serial number; (e) declared gross weight; (f) type of fuel; (g) name and complete address of the registrant; (h) individual vehicle highway miles and miles per gallon for each vehicle registered under this section; and (i) proof of financial responsibility as required in the Motor Transportation Act [Chapter 65, Articles 1, 3 and 5 NMSA 1978]; (2) remit with the application the registration fees as specified in Subsection B of 66-6-4 NMSA 1978; and (3) file with the application cash security in the amount of three times the estimated use fee and special fuels tax due at the current tax rates. D. Upon receipt of an application, fees and security pursuant to Subsection C of this section, the department shall issue to the applicant a short-term registration plate and registration document for each foreign commercial motor carrier vehicle. The registration plate shall display the expiration date of the short-term registration period and shall be affixed to the front passenger windshield of the foreign commercial motor carrier vehicle, and the registration document shall be carried in the vehicle during the period of operation in New Mexico. The department shall provide to the applicant weight distance and special fuels tax reporting forms on which the applicant shall report and pursuant to which the applicant shall pay weight distance and special fuels taxes upon actual miles operated and gallons consumed, at the rates and in the manner established by the Weight Distance Tax Act [Chapter 7, Article 15A NMSA 1978] and the Special Fuels Tax Act [Chapter 7, Article 16A NMSA 1978]. The department may assign the one-way haul-use fee rate pursuant to Section 7-15A-6 NMSA 1978 provided the conditions of that section are met by the applicant. E. The failure of any owner to comply with the requirements of this section is a misdemeanor, and the department or its authorized agent may detain any vehicle until all fees and taxes are paid and all requirements of this section are met. F. Within twenty days after the conclusion of the short-term registration period, the registrant shall file with the department the required tax report along with payment of all weight distance tax and special fuels tax due. Upon verification of accurate reporting and payment, the department shall refund the security previously filed by the registrant. G. In the event the registrant fails to submit the required tax report within twenty days as specified in Subsection F of this section, the registrant shall forfeit the full amount of security required under this section. H. Any foreign commercial motor carrier vehicle to be operated in excess of one hundred eighty days shall comply with all registration requirements for commercial motor carrier vehicles titled and licensed in New Mexico.

Legislative History

1978 Comp., § 65-5-4, enacted by Laws 1983, ch. 142, § 3; 1992, ch. 106, §