It is unlawful for an employer to knowingly allow, require, permit or authorize a driver to drive a commercial motor vehicle during a period in which:
A. the driver has a driver's license suspended, revoked or canceled by a state, has lost the privilege to drive a commercial motor vehicle in a state or has been disqualified from driving a commercial motor vehicle;
B. the driver has more than one driver's license as of the effective date of the provisions of the New Mexico Commercial Driver's License Act;
C. the driver, the commercial motor vehicle the driver is driving or the motor carrier operation of the employer is subject to an out-of-service order; or
D. the driver has been convicted of a railroad-highway grade crossing violation.
History: Laws 1989, ch. 14, § 7; 1998, ch. 17, § 2; 2003, ch. 51, § 3; 2005, ch. 312, § 3.
The 2005 amendment, effective July 1, 2005, provided that it is unlawful for an employer to commit the specified acts.
The 2003 amendment, effective March 19, 2003, in the introductory paragraph substituted "An employer shall not" for "No employer shall", substituted "a period in which" for "any period" at the end; deleted "in which" at the beginning of Subsections A and B; substituted "the driver, the commercial motor vehicle the driver" for "in which the employee, the commercial motor vehicle the employee" at the beginning of Subsection C; and added Subsection D.
The 1998 amendment, effective May 20, 1998, inserted "require," following "allow," in the undesignated paragraph; added Subsection C; and made minor stylistic changes.
Structure New Mexico Statutes
Part 1A - COMMERCIAL DRIVERS' LICENSES
Section 66-5-52 - Short title.
Section 66-5-54 - Definitions.
Section 66-5-55 - Driver's licenses; limitation of number.
Section 66-5-56 - Notification by driver to the division.
Section 66-5-57 - Notification by driver to employer.
Section 66-5-58 - Employer responsibility.
Section 66-5-59 - Commercial driver's license required.
Section 66-5-60 - Commercial driver's license; qualifications; standards.
Section 66-5-61 - Commercial driver's license; limitations on issuance.
Section 66-5-62 - Commercial driver's license; instruction permit; application; duplicate.
Section 66-5-63 - Commercial driver's license; permit; application; duplicate.
Section 66-5-64 - Commercial driver's license; content.
Section 66-5-65 - Classifications; endorsements; restrictions.
Section 66-5-65.1 - License endorsement fees.
Section 66-5-66 - Applicant record information; information exchange.
Section 66-5-67 - Expiration and renewal; staggered licensing during implementation period.
Section 66-5-68 - Disqualification.
Section 66-5-69 - Notification of traffic convictions.
Section 66-5-69.1 - Violation convictions; actions to mask, defer or divert; prohibited.
Section 66-5-70 - Reciprocity.
Section 66-5-71 - Penalties for violation of out-of-service orders.
Section 66-5-72 - Employer penalties for railroad-highway grade crossing violations.