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Section 66-1-4.17 - Definitions.

NM Stat § 66-1-4.17 (2019) (N/A)
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As used in the Motor Vehicle Code:

A. "tank vehicle" means a motor vehicle that is designed to transport any liquid or gaseous material within a tank that is either permanently or temporarily attached to the vehicle or the chassis and that has either a gross vehicle weight rating of twenty-six thousand one or more pounds or is used in the transportation of hazardous materials requiring placarding of the vehicle under applicable law;

B. "taxicab" means a motor vehicle used for hire in the transportation of persons, having a normal seating capacity of not more than seven persons;

C. "temporary off-site location" means a location other than a dealer's established or additional place of business that is used exclusively for the display of vehicles or vessels for sale or resale and for related business;

D. "through highway" means every highway or portion of a highway at the entrance to which vehicular traffic from intersecting highways is required by law to stop before entering or crossing it when stop signs are erected as provided in the Motor Vehicle Code;

E. "title service company" means a person, other than the department, an agent of the department, a licensed dealer or the motor transportation division of the department of public safety, who for consideration issues temporary registration plates or prepares and submits to the department on behalf of others applications for registration of or title to motor vehicles;

F. "traffic" means pedestrians, ridden or herded animals, vehicles and other conveyances either singly or together using any highway for purposes of travel;

G. "traffic-control signal" means any device, whether manually, electrically or mechanically operated, by which traffic is alternately directed to stop and to proceed;

H. "traffic safety bureau" means the traffic safety bureau of the department of transportation;

I. "trailer" means any vehicle without motive power, designed for carrying persons or property and for being drawn by a motor vehicle, and so constructed that no significant part of its weight rests upon the towing vehicle;

J. "transaction" means all operations necessary at one time with respect to one identification card, one driver, one vessel or one vehicle;

K. "transportation inspector" means an employee of the motor transportation division of the department of public safety who has been certified by the director of the division to enter upon and perform inspections of motor carriers' vehicles in operation;

L. "transporter of manufactured homes" means a commercial motor vehicle operation engaged in the business of transporting manufactured homes from the manufacturer's location to the first dealer's location. A "transporter of manufactured homes" may or may not be associated with or affiliated with a particular manufacturer or dealer;

M. "travel trailer" means a trailer with a camping body and includes recreational travel trailers and camping trailers;

N. "trial court" means the magistrate, municipal or district court that tries the case concerning an alleged violation of a provision of the Motor Vehicle Code;

O. "tribal court" means a court created by a tribe or a court of Indian offense created by the United States secretary of the interior;

P. "tribe" means an Indian nation, tribe or pueblo located wholly or partially in New Mexico;

Q. "truck" means every motor vehicle designed, used or maintained primarily for the transportation of property;

R. "truck camper" means a camping body designed to be loaded onto, or affixed to, the bed or chassis of a truck. A camping body, when combined with a truck or truck cab and chassis, even though not attached permanently, becomes a part of the motor vehicle, and together they are a recreational unit to be known as a "truck camper"; there are three general types of truck campers:

(1) "slide-in camper" means a camping body designed to be loaded onto and unloaded from the bed of a pickup truck;

(2) "chassis-mount camper" means a camping body designed to be affixed to a truck cab and chassis; and

(3) "pickup cover" or "camper shell" means a camping body designed to provide an all-weather protective enclosure over the bed of a pickup truck and to be affixed to the pickup truck; and

S. "truck tractor" means every motor vehicle designed and used primarily for drawing other vehicles and constructed to carry a part of the weight of the vehicle and load drawn.

History: 1978 Comp., § 66-1-4.17, enacted by Laws 1990, ch. 120, § 18; 1998, ch. 48, § 2; 1999, ch. 122, § 1; 2001, ch. 127, § 3; 2003, ch. 141, § 1; 2003, ch. 164, § 3; 2007, ch. 319, § 9.

The 2007 amendment, effective June 15, 2007, added Subsections C and J.

The 2003 amendments, effective July 1, 2003, inserted "of the department of public safety" following "motor transportation division" in Subsection D; added Subsections L and M and redesignated former Subsections L to N as Subsections N to P.

This section was also amended by Laws 2003, ch. 141, § 1, effective June 20, 2003. The section is set out as amended by Laws 2003, ch. 164, § 3. See 12-1-8 NMSA 1978.

The 2001 amendment, effective June 15, 2001, substituted "with a camping body" for "that exceeds neither eight feet in width nor forty feet in length, when equipped for the road" in Subsection J.

The 1999 amendment, effective July 1, 1999, inserted present Subsection D and redesignated former Subsection D as Subsection H; inserted Subsection G; and redesignated former Subsections G through L as Subsections I through N.

The 1998 amendment, effective July 1, 1998, added present Subsection G and redesignated the remaining Subsections accordingly; and in present Subsection K, inserted "together" and substituted "or" for "of".

There is a distinction between "traffic control signals" and "official traffic-control devices." Ward v. Ray, 1967-NMSC-264, 78 N.M. 566, 434 P.2d 388.

Neither flashing yellow nor flashing red signal lights are "traffic-control signals" within the meaning of Section 64-14-21, 1953 Comp. (similar to this section), because by neither of them is traffic "alternately directed to stop and to proceed." Ward v. Ray, 1967-NMSC-264, 78 N.M. 566, 434 P.2d 388.

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Section 66-1-4.17 - Definitions.