A. The secretary is directed to adopt in accordance with Section 65-1-10 NMSA 1978 [repealed] necessary rules and regulations under the Motor Carrier Safety Act as they apply to motor carrier safety. Such rules and regulations shall not be inconsistent with or more stringent than applicable federal safety standards.

B. The department is authorized to inspect at the motor carrier's place of business those safety records required to be retained by the motor carrier pursuant to the provisions of the Motor Carrier Safety Act.

History: 1978 Comp., § 65-3-4, enacted by Laws 1989, ch. 201, § 5; 1992, ch. 106, § 18.

Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law.

Laws 1995, ch. 31, § 7 repealed 65-1-10 NMSA 1978, effective July 1, 1995. For similar provisions, see 9-11-6.2 NMSA 1978.

Repeals and reenactments. — Laws 1989, ch. 201, § 5 repealed former 65-3-4 NMSA 1978, as enacted by Laws 1933, ch. 61, § 4, relating to penalty for violation of maximum driving hours provisions, and enacted a new 65-3-4 NMSA 1978, effective July 1, 1989.

The 1992 amendment, effective July 1, 1992, substituted the present section catchline for "Motor Carrier Safety; Director of the Division; Authorization"; in Subsection A, rewrote the first sentence and substituted "or" for "nor" in the second sentence; and, in Subsection B, substituted "The department" for "In addition to the provisions of Subsection A of this section, the director" near the beginning of the Subsection, and inserted "by the motor carrier" near the end of the subsection.

Temporary provisions. — Laws 1992, ch. 106, § 22, effective July 1, 1992, provided that all regulations in effect issued prior to July 1, 1992, with respect to the Motor Transportation Act shall continue in force until repealed, amended or superseded by regulations of the secretary of taxation and revenue.

A lessor of trucks is not a motor carrier. — A lessor of trucks is not a motor carrier subject to statutory duties and regulatory duties of inspection, maintenance, and repair under the New Mexico Motor Carrier Safety Act, §§ 65-3-1 to -14 NMSA 1978. Hernandez v. Grando's LLC, 2018-NMCA-072.

Defendant was not subject to the duties of inspection, maintenance, and repair imposed on motor carriers. — Where plaintiff injured himself while exiting a commercial truck that plaintiff's employer had leased from defendant, and where defendant's business was limited to leasing trucks to plaintiff's employer, plaintiff did not establish a disputed question of fact regarding defendant's alleged breach of statutory or regulatory duties of a motor carrier where the evidence established that defendant did not provide transportation of persons, property or household goods for hire or provide transportation for compensation; obligations imposed on motor carriers are not meant to apply to persons who lease vehicles to motor carriers. Hernandez v. Grando's LLC, 2018-NMCA-072.