While trucking operations in New Mexico are primarily regulated by the Federal Motor Carrier Safety Administration (FMCSA), the state reserves the right to impose its own safety guidelines and regulations.
New Mexico’s trucking regulations aim to emphasize and enhance federal trucking rules. Ultimately, New Mexico strives to make trucking operations as safe as possible and minimize the likelihood that a commercially driven truck is involved in an accident within its borders. If you've been injured in a truck accident, reach out to an experienced Albuquerque personal injury lawyer for help.
Who Enforces New Mexico Trucking Regulations?
Several state regulatory agencies are responsible for enforcing elements of New Mexico’s trucking regulations, including the:
- Transportation Regulation Bureau (TRB)
- New Mexico State Police
- Motor Carrier Safety Assistance Program’s division of Commercial Vehicle Enforcement
- New Mexico Motor Transportation Police
- New Mexico Border Authority
Often, agencies work together to ensure that trucking services operating within the state comply with state trucking regulations.
Here’s a breakdown of some of New Mexico’s most noteworthy trucking regulations.
Commercial Driver’s Licensing Requirements
Truck drivers in New Mexico are required to get a Commercial Driver’s License (CDL).
The New Mexico Motor Vehicle Division (MVD) will only issue a CDL if an applicant:
- Is at least 18 years old (or 21 if they plan to truck a commercial truck across state lines)
- Has obtained a CDL permit
- Is a resident of the state of New Mexico with a valid Class D driver’s license
- Has a safe driving record
- Has passed a CDL Knowledge Exam, which demonstrates knowledge of state and federal trucking regulations and traffic laws
- Has passed a CDL Skills Exam, which shows proficiency in performing vehicle inspections, controlling a vehicle, and appropriate driving skills
Drivers must also pass a vision test, health screenings, and drug and alcohol tests before they can get a CDL and operate a commercial motor vehicle in the state of New Mexico.
Additional testing requirements may be required when a driver seeks CDL endorsements. For instance, an (H) endorsement is required to transport hazardous materials, so a driver must demonstrate heightened knowledge and proficiency in hauling potentially toxic goods.
Weight Distance Permits and Taxes
Trucking companies that operate vehicles with a gross weight greater than 26,000 pounds in the state of New Mexico must pay a “weight distance tax,” which is used to fund highway maintenance and repairs.
A trucking service must apply for a Weight Distance Tax Electronic Permit and register each commercial rig that’s going to travel through the state. Registration is annual.
Vehicle Weight Limits
In New Mexico, the maximum gross vehicle weight for commercial trucks is 86,400 pounds, which exceeds limits established by the FMCSA. Since New Mexico’s limits were in place before the FMCSA regulations were set, the state’s laws have been grandfathered in.
Weight must be distributed across the vehicle, with no more than 21,600 pounds on any one axle. The weight limit on a tandem axle is 34,320 pounds. New Mexico law requires vehicle structures and foundations - including their floors and walls - to be inspected regularly to ensure they can handle these considerable weights.
Vehicle Inspection Requirements
New Mexico trucking regulations require services to inspect each vehicle within its fleet at least once every 12 months.
Truck drivers are also required to conduct regular pre- and post-trip inspections of their vehicles.
Vehicles must be pulled out of service if and when a mechanical issue or defect is discovered.
Records of all inspections - including Driver Vehicle Inspection Reports (DVIRs), pre- and post-trip reports, and periodic inspections - must be preserved for reviews and safety audits.
Commercial Vehicle Insurance Requirements
All vehicles - including commercial trucks - must be covered by minimum amounts of insurance before they can be operated in the state of New Mexico.
New Mexico’s current minimum requirements for commercial trucks include:
- $25,000 in bodily injury coverage per person
- $50,000 in bodily injury coverage per accident, and
- $10,000 in property damage coverage per accident
However, many commercial trucks are also required to add on additional coverage:
- $750,000 in liability coverage per accident when transporting general freight
- Combined single limit policy for vehicles with a gross vehicle weight rating (GVWR) of 10,001 pounds or more when towing or transporting non-hazardous materials
- $5 million when transporting hazardous materials
- $1 million when transporting oil and certain types of hazardous waste
These are simply minimums. Trucking companies can increase coverage or add on additional benefits at their discretion.
Trailer Brake Requirements
Tractor-trailers are subject to additional regulations in the state of New Mexico. If a trailer’s GVWR is greater than 3,000 pounds, state law requires it to be equipped with its own braking system.
The trailer’s brakes must be activated when the tractor’s brakes are applied or through some electronic mechanism. State law requires the trailer’s brakes to engage automatically if the trailer disconnects from the tractor while in use.
Port of Entry Inspections
Commercial vehicles leaving or entering the state across the Mexican-New Mexico border must stop at a Port of Entry for a vehicle inspection.
Inspections include:
- Confirming height and weight requirements
- Verifying driver and vehicle credentials
- Vehicle and mechanical inspections
- Cargo inspections
Vehicles must receive manifesting and clearance stickers before moving on from the Port of Entry.
Drug and Alcohol Testing Requirements
New Mexico has a strict zero-tolerance policy for operating a commercial vehicle under the influence of drugs or alcohol. Truck drivers are required to comply with pre-employment drug screenings, random drug and alcohol testing, and testing whenever they are involved in a traffic accident.
Drivers may also be required to submit to drug and/or alcohol tests if there is reasonable suspicion that they’re violating the drug and alcohol provisions of New Mexico trucking law.
Singleton Schreiber Can Help You After a Truck Accident in New Mexico
Violations of New Mexico trucking regulations are a common factor in truck accidents in Albuquerque and throughout the state. When you’ve been injured in a truck accident because a truck driver or trucking company ignored important safety guidelines, you deserve to be compensated.
Singleton Schreiber is the top choice when truck accident victims and families take on powerful trucking companies and insurance carriers. Our Albuquerque truck accident lawyers are fearless legal advocates who don’t rest until our clients have been made whole. As local attorneys backed by national resources, we’ve won billions in settlements and jury awards.
Now, let us help you win your truck accident case, too. There’s no charge for your initial case evaluation. Contact our New Mexico personal injury law firm in Albuquerque today.
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