N.M. Admin. Code § 18.2.3.11

Current through Register Vol. 35, No. 20, October 22, 2024

Section 18.2.3.11 - QUALIFICATION OF DRIVERS

The department of public safety hereby adopts Part 40 and Appendix A to Part 40 of Title 49 of the Code of Federal Regulations ( 49 CFR 40 - Procedures for Transportation Workplace Drug Testing Programs), Part 391 of Title 49 of the Code of Federal Regulations ( 49 CFR 391 - Qualification of Drivers), Part 382 of Title 49 of the Code of Federal Regulations ( 49 CFR 382 -Controlled Substances and Alcohol Use and Testing) and Appendices C (Written Examination for Drivers), D (Table of Disqualifying Drugs and Other Substances, Schedule I) and E (Table of Disqualifying Drugs and Other Substances, Schedules II through V) of Subchapter B of Chapter III of Title 49 of the Code of Federal Regulations. All provisions set forth in these parts as adopted are applicable to interstate and intrastate motor carriers, commercial motor vehicles and employees, with the following amendments:

A. Part 391.2(c) is amended to read: "Certain farm vehicle drivers. The rules in this part do not apply to a farm vehicle driver other than a farm vehicle driver who drives an articulated (combination) motor vehicle interstate that has a gross weight, including its load, of more than 10,000 pounds or drives an articulated motor vehicle intrastate that has a gross weight, including its load, of 26,001 pounds or more."

B. Part 391.11(b)(1) is amended to read: "Is at least 21 years old; or is 18 years old and drives only in intrastate commerce operating commercial vehicles that are not required to be placarded for hazardous materials."

C. Part 391.49, Waiver of Certain Physical Defects, is amended to add: "(m) A person who is not physically qualified to drive under 391.41(b)(1) or (2) and who is not eligible for a waiver under the provisions of 391.49 (a) through 391.49(l) and who drives only intrastate, may apply for a waiver from the Director, Motor Vehicle Division, New Mexico Taxation and Revenue Department, P.O. Box 1028, Santa Fe, New Mexico, 87504-1028 under 18.19.5.33 NMAC.

N.M. Admin. Code § 18.2.3.11

2-3-93; 11-17-93; 4-30-97; 18.2.3.11 NMAC - Rp 18 NMAC 2.3.11, 6-29-00; A, 1/30/04; A, 07-16-07; A, 11-14-08