The department shall:
A. enforce in the field the provisions of the Motor Transportation Act and the Motor Carrier Act [65-2A-1 to 65-2A-41 NMSA 1978] and the rules promulgated by the public regulation commission pursuant to the Motor Carrier Act; and
B. maintain sufficient personnel in the field to enforce the provisions of the Motor Transportation Act and the Motor Carrier Act and the rules promulgated by the public regulation commission pursuant to the Motor Carrier Act.
History: 1953 Comp., § 64-34-8, enacted by Laws 1967, ch. 97, § 8; 1977, ch. 250, § 104; 1989, ch. 319, § 1; 1992, ch. 106, § 2; 1998 (1st S.S.), ch. 10, § 5; 2003, ch. 359, § 41; 2011, ch. 101, § 1.
ANNOTATIONSThe 2011 amendment, effective June 17, 2011, provided for the field enforcement of the Motor Transportation Act.
The 2003 amendment, effective July 1, 2003, in the introductory language, substituted "shall" for "has authority to"; and in Subsections A and B, deleted "the state corporation commission or" following "promulgated by".
The 1998 amendment, effective July 1, 1998, inserted "or the public regulation commission" in Subsections A and B.
The 1992 amendment, effective July 1, 1992, substituted the present section catchline for "Field enforcement of motor carrier regulations" and made minor stylistic changes throughout the section.
The 1989 amendment, effective July 1, 1989, in the introductory language, deleted "motor transportation" preceding "division"; and in Subsections A and B, substituted "the Motor Carrier Act" for "Sections 64-27-1 through 64-27-81 NMSA 1953" and "pursuant to that act" for "thereunder" and inserted "state" preceding "corporation commission".
No authority to enforce Criminal Code. — Department inspectors may not make arrests under and otherwise enforce the Criminal Code. These inspectors have no statutory authority to make arrests for any offenses not specified in the Motor Carrier Act and other laws regulating commercial vehicles or enforcing state taxes or fees. 1992 Op. Att'y Gen. No. 92-02.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 64 Am. Jur. 2d Public Utilities § 232.
60 C.J.S. Motor Vehicles § 45.