New Mexico Trucking Laws

The Federal Motor Carrier Safety Regulations (Title 49, Parts 350-399) govern all vehicles engaged in interstate traffic.

There are some situations where a tractor-trailer or other commercial motor vehicle is involved in only intrastate travel. For example, an appliance store in Albuquerque may own a truck that only makes in-state deliveries.

The New Mexico Department of Public Safety has adopted Title 49, Parts 382-384 and 390-399 of the federal regulations.

The following provisions are an overview of New Mexico laws that affect trucks operating only in New Mexico:

Driver Qualification

New Mexico has adopted Part 391 of the Federal Regulations with some exceptions. Intrastate drivers hauling hazardous materials requiring placards must be 21; to transport non-hazardous materials, drivers must be 18.

Intrastate drivers regularly employed before June 1, 1990, are not subject to the application for employment, investigators and inquiries, road test, and written test, as long as the driver continues to be regularly employed for that motor carrier.

Hours of Service

New Mexico has adopted Part 395 of the Federal Regulations with a few notable differences. One major modification was made to the hours of service requirements for intrastate commerce: the 100-air-mile radius exemption was increased to 150 miles. Also, the maximum driving requirements don’t apply to drivers transporting agricultural commodities or farm supplies if the transportation is limited to a 100 air mile radius from the source of the commodities or farm supplies.

Crash reports are available from:

Department of Public Safety
Law Enforcement
Records Bureau
P.O. Box 1628
Santa Fe, NM 87504-1628
(505) 827-0376

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