TITLE 18 TRANSPORTATION
AND HIGHWAYS
CHAPTER 19 MOTOR VEHICLE
PROCEDURES, LICENSES, PERMITS
PART 8 HEIGHT AND WEIGHT OF VEHICLES AND LOADS
18.19.8.1 ISSUING AGENCY: Department of Public Safety, P.O. Box 1628, Santa Fe NM 87504-1628
[9/15/98; 18.19.8.1 NMAC - Rn, 18 NMAC 19.8.1, 9/14/00; A, 1/30/2004]
18.19.8.2 SCOPE: This Part applies to every person involved with the movement on the highways of this state of vehicles, of combinations of vehicles or of loads, which individually or together exceed size or weight limitations specified in Sections 66-7-401 through 66-7-416 NMSA 1978 and to all persons charged with enforcing provisions of the Motor Vehicle Code.
[9/15/98; 18.19.8.2 NMAC - Rn, 18 NMAC 19.8.2, 9/14/00]
18.19.8.3 STATUTORY AUTHORITY: Section 9-11-6.2 NMSA 1978.
[9/15/98; 18.19.8.3 NMAC - Rn, 18 NMAC 19.8.3, 9/14/00]
18.19.8.4 DURATION: Permanent.
[9/15/98; 18.19.8.4 NMAC - Rn, 18 NMAC 19.8.4, 9/14/00]
18.19.8.5 EFFECTIVE DATE: 9/15/98, unless a later date is cited at the end of a section, in which case the later date is the effective date.
[9/15/98; 18.19.8.5 NMAC - Rn & A, 18 NMAC 19.8.5, 9/14/00]
18.19.8.6 OBJECTIVE: The objective of this Part is to interpret, exemplify, implement and enforce the provisions of the Motor Vehicle Code.
[9/15/98; 18.19.8.6 NMAC - Rn, 18 NMAC 19.8.6, 9/14/00]
18.19.8.7 DEFINITIONS:
A. “ACCUMULATED TRAFFIC” DEFINED: For purposes of this part, “accumulated traffic” means a build of 6 or more vehicles, other than escort vehicles, behind a vehicle or load required to be escorted except that, when the vehicle or load required to be escorted is traveling consistently at a speed within five miles per hour of the maximum legal speed for the highway being traveled upon, the term means a build up of eight or more vehicles, other than escort vehicles.
B. “CONTINUOUS MOVEMENT” DEFINED: For the purposes of this part, “continuous movement” means movement during all hours, day or night, on any day of the week, provided movement is not otherwise restricted due to weather, traffic hazards or other occurrences that will affect the safe movement of vehicles over the road.
C. “INCLEMENT WEATHER” DEFINED: For purposes of this part, “inclement weather” means a natural occurrence which will create dangerous driving conditions and includes any of the following:
(1) snow;
(2) ice;
(3) fog, rain, dust or other weather condition which limits visibility to less than 1000 feet (approximately 2/10 mile); or
(4) any weather condition which is determined by the department, the state highway and transportation department, the state police, or other law enforcement official to create a safety hazard.
D. “MOVEMENT” DEFINED: The word "movement", as used in 18.19.8 NMAC, means a movement of an oversize or overweight vehicle, combination or load motoring the highways of this state requiring a special permit.
[10/14/92, 9/15/98; 18.19.8.7 NMAC - Rn & A, 18 NMAC 19.8.7, 9/14/00]
18.19.8.8 MOVEMENT OF CONSTRUCTION EQUIPMENT WITHIN A ROAD CONSTRUCTION ZONE: The exception provided in Subsection B of Section 66-7-401 NMSA 1978 for “road machinery engaged in highway construction or maintenance” applies only to road machinery engaged in construction or maintenance at a construction site. The provisions of Sections 66-7-401 through 66-7-416 NMSA 1978 apply to road machinery being moved to or from a construction site.
[10/14/92, 9/15/98; 18.19.8.8 NMAC - Rn & A, 18 NMAC 19.8.8, 9/14/00]
18.19.8.9 MOVEMENT ON FEDERALLY DESIGNATED HIGHWAYS
A. FEDERALLY
DESIGNATED HIGHWAYS:
(1) Pursuant to Subsection D of Section 66-7-404 NMSA 1978, vehicles operating a truck tractor semitrailer combination or a truck tractor semitrailer-trailer combination may exceed an overall length of sixty-five feet when motoring in New Mexico on the following federally designated highways:
US 491 Colorado line to Gallup (southbound only)
US 491 northbound, Gallup-Colorado state line
US 550 Colorado line to Aztec
US 64 Shiprock-Arizona state line
US 64 Farmington to Shiprock
US 84 Colorado line to Espanola and Villanueva to Santa Rosa
US 84 Las Vegas to I-25
NM 17 Colorado to Chama
US 84/285 Espanola to Santa Fe
US 285 Colorado line to Espanola and Lamy to Texas line
US 285 junction I-25- Lamy
US 64-87 Raton to Clayton
I-25 Colorado line to Texas line
I-40 Arizona line to Texas line
US 54 Santa Rosa to Texas line
US 60 Arizona line to Socorro and Encino to Fort Sumner
US 60/84 Fort Sumner to Texas line
US 70 Arizona line to Lordsburg and Roswell to Clovis
I-10 Arizona line to Texas line
US 70/82 Las Cruces to Alamagordo
US 62/180 Texas line to Hobbs
US 180 Silver City to Deming
US 80 Road Forks to Rodeo
US 87 Clayton to Texas line
NM 371 Farmington to Crownpoint
NM 18 Portales to Jal
NM 516 Aztec-Farmington
US 56 Springer-Oklahoma state line
US 62 Carlsbad-Hobbs
** No over height movements allowed without prior approval.
(2) A truck tractor semi-trailer combination or a truck tractor semi-trailer-trailer combination which exceeds an overall length of sixty-five feet pursuant to the provisions of Subsection D of Section 66-7-404 NMSA 1978 shall be allowed to travel:
(a) a distance not to exceed five miles from the designated highway for access to facilities offering food, fuel, repairs and rest;
(b) a distance not to exceed twenty miles from the designated highway for access to terminals for the purpose of loading and unloading;
(c) a distance not to exceed twenty miles from the designated highway for the purpose of delivering the load or partial load; or
(d) on any other access route approved by the secretary under the provisions of Subsection B of 18.19.8.9 NMAC.
B. REVIEW COMMITTEE:
(1) The secretary shall appoint a review committee with a minimum of one member each from the taxation and revenue department, the department of public safety, the New Mexico highway and transportation department and the general public. The review committee shall meet on a quarterly basis to review access to and from federally designated highways allowed under the provisions of Subsection A of 18.19.8.9 NMAC and recommend changes to the secretary. The review by the committee shall include an analysis of existing and proposed access routes utilizing observations of, and other information obtained from, the operation of test vehicles over the routes or information provided by the application of vehicle templates to plans of the routes. The secretary will approve or disapprove all designated access routes considering the recommendation of the review committee.
(2) The committee shall establish procedures for processing individual requests for access routes including a provision providing for automatic approval of a request if not acted on by the department within 120 days of receipt. Access to terminals and services shall be made only on the basis of safety and engineering analysis of the route which indicate that the use of the route would not endanger other motorists or would not cause untimely deterioration of the roadway or other structures on the route.
C. APPEAL OF DENIAL OF ACCESS ROUTE: Any person whose request for an access route has been denied may appeal in writing to the secretary the denial of the request. Any appeal of a denial of access route shall be considered by the review committee within 120 days of receipt of the appeal. The committee, in reviewing the appeal, shall consider an appeal in the same manner as a request for access route and shall, within 150 days from receipt of the appeal, recommend approval or denial of the route to the secretary.
[10/14/92, 9/15/98; 18.19.8.9 NMAC - Rn & A, 18 NMAC 19.8.9, 9/14/00; A, 1/30/2004]
18.19.8.10 WHEN SPECIAL PERMIT FOR EXCESSIVE SIZE OR WEIGHT REQUIRED: A special permit is required when any person proposes to move on any state highway a vehicle or combination, with or without load, which exceeds the maximum size or weight limits established by law. Special permits may be issued only when the move meets all requirements set forth in the law and the conditions specified by 18.19.8 NMAC. Unless specifically exempted by statute, no vehicle or load which exceeds statutory size or weight limits will be allowed to move without a special permit.
[10/14/92, 9/15/98; 18.19.8.10 NMAC - Rn & A, 18 NMAC 19.8.10.1, 9/14/00]
18.19.8.11 MULTI-STATE AGREEMENTS: The department may enter into multi-state oversize/overweight special permit issuance agreements, provided such agreement is in compliance with applicable statutes of all states which are a party to such agreement.
[10/14/92, 9/15/98; 18.19.8.11 NMAC - Rn & A, 18 NMAC 19.8.10.2, 9/14/00]
18.19.8.12 SPECIAL PERMIT ISSUANCE POLICY:
A. A special permit issued by the department authorizes the permittee to move or operate a designated vehicle, combination or load of a size or weight in excess of the statutory limits and under specified conditions of operation stipulated in the special permit.
B. Special permits are issued only to those persons who, as permittees, own and operate the transporting vehicle, or who operate the vehicle under a bona fide lease agreement. Compliance with New Mexico motor vehicle registration and tax statutes and regulations is a mandatory requirement for the issuance of any special permit.
C. The department will issue a special permit for the movement of an oversize or overweight vehicle, combination or load if the move:
(1) is determined to be feasible;
(2) will not adversely affect the overall motoring public; and
(3) will not create any undue hazards to public or private property.
D. Special permits will be issued only for irreducible loads. Irreducible loads are those loads which cannot be reasonably reduced to legal limits.
E. Unless otherwise provided by law or regulation, the department shall designate the maximum dimensions or weights for which special permits may be issued and shall develop the restrictions and requirements applicable to the movement of the vehicle or load. In considering whether or not a special permit will be issued, the department shall consider the following or other factors:
(1) safety of the motoring public;
(2) damage to personal or public property, such as but not limited to roadbeds, bridges, and overhead structures; and
(3) economic impact.
F. Any request which does not meet the requirements of the statutes or 18.19.8 NMAC shall be denied. Data contained in the application constitutes, in part, the basis for the department's determination of the conditions of the operation of the proposed move and subsequent granting of the permit. An otherwise valid permit shall be voided if it is subsequently discovered that:
(1) the agreement contained within the application has been violated;
(2) the facts in the application were not accurately stated; or
(3) the requirements of law or 18.19.8 NMAC have not been met.
[10/14/92, 9/15/98; 18.19.8.12 NMAC - Rn & A, 18 NMAC 19.8.10.3, 9/14/00]
18.19.8.13 FREE ZONES: The department may designate, depending upon port of entry locations and other factors, "free zones" over which oversize or overweight loads moving in interstate commerce may operate without a special permit except that the applicant must obtain the required special permit at the first available department location which issues special permits. In determining the location of the "free zones" the department will consider:
A. the distance to the nearest port of entry;
B. the condition of the highways within the proposed free zone;
C. overall volume of traffic over such highways; and
D. any other factor which the department determines will impact the safe movement of motor vehicles in the "free zone".
[10/14/92, 9/15/98; 18.19.8.13 NMAC - Rn, 18 NMAC 19.8.10.4, 9/14/00]
18.19.8.14 APPLICATION FOR A SPECIAL PERMIT - GENERAL REQUIREMENTS:
A. When applying for a special permit, the applicant must demonstrate that the load to be moved cannot reasonably be dismantled, reduced or disassembled. A special permit will not be issued if the load can be reasonably reduced to legal limits. Reductions shall be made whenever possible, even though the use of additional vehicles becomes necessary.
B. The application for a special permit shall:
(1) specifically identify the vehicle or combination or load to be moved under the special permit;
(2) identify the points of origin and destination;
(3) describe the route of travel; and
(4) if required, demonstrate that a feasibility study of the proposed movement or engineering analysis of the highway or the route to be traveled has been completed.
[10/14/92, 9/15/98; 18.19.8.14 NMAC - Rn, 18 NMAC 19.8.10.5, 9/14/00]
18.19.8.15 SECURITY MAY BE REQUIRED: If requested by the department or municipality, before a permit is issued, the applicant must deposit with the department or municipality a surety bond, cash equivalent or other security satisfactory to the department or municipality in the amount sufficient to cover any damages anticipated to road surfaces, bridges or other appurtenances which may be caused by the proposed movement. The amount of the security shall be determined by the department or municipality following an analysis of the proposed move and the roadways and structures along its route.
[10/14/92, 9/15/98; 18.19.8.15 NMAC - Rn, 18 NMAC 19.8.10.6, 9/14/00]
18.19.8.16 APPLICATION CONSTITUTES AN AGREEMENT: The application for a special permit, should the special permit be issued, is an agreement that:
A. the limitation as to the size or weight of the vehicle or vehicles as specified on the special permit will not be exceeded;
B. the movement will be made over the route or routes specified in the application, unless otherwise designated on the special permit by the department;
C. the move(s) will be made during the time specified on the special permit;
D. all laws applicable to the operation of vehicles on public highways in New Mexico will be observed;
E. the move will be made in compliance with the terms and provisions listed on the application form; and
F. all provisions or conditions specified in the special permit will be observed.
[10/14/92, 9/15/98; 18.19.8.16 NMAC - Rn, 18 NMAC 19.8.10.7, 9/14/00]
18.19.8.17 APPLICATION FOR AND ACCEPTANCE OF A SPECIAL PERMIT - A DECLARATION OF LEGAL COMPETENCY:
A. An application for an oversize or overweight special permit is a legal document submitted by the applicant to the department which consists of:
(1) a request for a special permit;
(2) a statement as to the manner in which the move is to be made and that the conditions of operation will be observed; and
(3) a declaration as to the applicant's legal competency.
B. The submission of an application and acceptance of a special permit shall be construed as an affirmation by the applicant that:
(1) all legal requirements concerning operational authority imposed by state law or the interstate commerce commission have been met by the applicant;
(2) the vehicle or combination has been properly registered in accordance with New Mexico law;
(3) the driver and owner of the vehicle and load have met all financial responsibility requirements imposed by the Mandatory Financial Responsibility Act; and
(4) the driver is properly licensed to operate the vehicle to be used in the move.
[10/14/92, 9/15/98; 18.19.8.17 NMAC - Rn, 18 NMAC 19.8.10.8, 9/14/00]
18.19.8.18 UNDERTAKING OF MOVE IS EVIDENCE OF ACCEPTANCE: The commencement of a move shall constitute acceptance by the special permittee of all conditions, provisions and limitations stated in the special permit. Unless changes or amendments are requested prior to starting the move, all conditions, provisions and limitations in the special permit are binding, and the permittee is barred from alleging error or mistake, either in data submitted in the application or in the terms of the special permit.
[10/14/92, 9/15/98; 18.19.8.18 NMAC - Rn, 18 NMAC 19.8.10.9, 9/14/00]
18.19.8.19 SUPPLEMENTAL OR AMENDED SPECIAL PERMITS:
A. Special permits are issued, where practical, in accordance with data contained in the application. Prior to starting the move, the permittee must review the special permit to assure the accuracy of the information contained in the special permit. If a permittee finds that the special permit does not cover the move or that it is incorrect, the permittee must contact the department prior to starting the move and request necessary changes or amendments to the special permit. The move shall not commence until such changes or amendments to the special permit have been issued in writing by the department. A special permit which contains incorrect information shall be voided under the provisions of 18.19.8.28 NMAC.
B. The department may, depending upon the circumstances, issue supplemental special permits or amend existing special permits to address situations which did not exist and were not anticipated at the time of the application for the special permit. In such cases, additional documentation may be required by the department to support the issuance of the supplemental special permit or amendment of the existing special permit.
[10/14/92, 9/15/98; 18.19.8.19 NMAC - Rn & A, 18 NMAC 19.8.10.10, 9/14/00]
18.19.8.20 SPECIAL PERMIT REQUIRED PRIOR TO MOVE - DISPLAY REQUIRED: No movement shall be started until a special permit has been issued and is in the possession of the permittee. During the movement, the special permit must be carried in the vehicle to which it applies. The driver of the vehicle, who is deemed to be the legal representative of the permittee, must present the special permit upon the request of the escort driver, any police officer or authorized employee of the department.
[10/14/92, 9/15/98; 18.19.8.20 NMAC - Rn, 18 NMAC 19.8.10.11, 9/14/00]
18.19.8.21 SPECIAL PERMIT NON-TRANSFERABLE: The special permit is not transferable from carrier to carrier, or from vehicle to vehicle. Special permits shall be issued in the name of the permittee, but not the owner of a load, unless the permittee and the owner are the same.
[10/14/92, 9/15/98; 18.19.8.21 NMAC - Rn, 18 NMAC 19.8.10.12, 9/14/00]
18.19.8.22 COMPLIANCE WITH OTHER LAWS, ORDINANCES AND REGULATIONS: The special permit is effective only insofar as the department has jurisdiction. Issuance of a special permit does not release the permittee from complying with other existing laws which may apply to the vehicle, the driver or the movement. The move must comply with all applicable municipal ordinances and regulations.
[10/14/92, 9/15/98; 18.19.8.22 NMAC - Rn, 18 NMAC 19.8.10.13, 9/14/00]
18.19.8.23 MOVEMENT LIMITED TO CERTAIN HIGHWAYS:
A. Under a special permit, movements may not be made on any highway:
(1) other than the highways designated by the special permit as the route of travel;
(2) on any bridge posted for a specific load limit which is less than the permitted load limit, unless otherwise indicated on the special permit; or
(3) closed to traffic.
B. The right to use highways other than those specified on the special permit is neither implied nor granted. Permission or permits are to be obtained from proper local authorities if any portion of the move is to be made over local streets.
[10/14/92, 9/15/98; 18.19.8.23 NMAC - Rn, 18 NMAC 19.8.10.14, 9/14/00]
18.19.8.24 MOVEMENT RESTRICTED TO SINGLE TRAFFIC LANE - FLOW OF TRAFFIC - SPEED OF MOVEMENT:
A. Insofar as practical, movements shall be confined to a single traffic lane, must not obstruct the rest of the roadway and must not unnecessarily obstruct the flow of traffic. Also, insofar as practical, other traffic will be given the right-of-way over the movement.
B. The driver of the vehicle must remove the vehicle from the roadway when necessary to allow accumulated traffic to pass, when traffic is detained ten minutes or longer or when so directed by a peace officer. The driver must maintain, consistent with the safety of the motoring public, the speed specified by the special permit. The driver must avoid creating traffic congestion by maintaining a proper interval between vehicles and temporarily relinquishing the travel-way to provide vehicles an opportunity to pass.
[10/14/92, 9/15/98; 18.19.8.24 NMAC - Rn, 18 NMAC 19.8.10.15, 9/14/00]
18.19.8.25 PROPERTY DAMAGE AND PERSONAL INJURY: The permittee assumes all responsibility for injury to persons or damage to public or private property, including injury to the driver or damage to the driver's property, or to the object being transported, caused directly or indirectly by the movement of vehicles, or vehicles and objects authorized under the special permit. The permittee agrees to hold the state harmless from all suits, claims, damages or proceedings of any kind, and to indemnify the state for any claim which the state may be required to pay arising from the movement.
[10/14/92, 9/15/98; 18.19.8.25 NMAC - Rn, 18 NMAC 19.8.10.16, 9/14/00]
18.19.8.26 SPECIAL PERMIT NOT GUARANTEE OF INFRASTRUCTURE: The granting of a special permit is not a guarantee of the sufficiency or clearance of any highway or structure included in the authorized route of the move. It shall be considered an unreasonable use of any bridge or structure to operate or conduct upon or over the same, any vehicle, tractor or engine, not in accordance with the provisions of the New Mexico Motor Vehicle Code.
[10/14/92, 9/15/98; 18.19.8.26 NMAC - Rn, 18 NMAC 19.8.10.17, 9/14/00]
18.19.8.27 VOIDING OF SPECIAL PERMIT - HIGHWAY CONDITIONS: It is an unreasonable use of any improved highway, roadway or street to operate, drive or haul thereon any truck, tractor or engine when the surface is in a soft or plastic condition or the road or portion thereof has been closed pursuant to law or by order of the state highway and transportation department. At such times, any special permit which has been issued is void until such time that the state highway and transportation department has given approval for the continued use of that highway, roadway or street.
[10/14/92, 9/15/98; 18.19.8.27 NMAC - Rn, 18 NMAC 19.8.10.18, 9/14/00]
18.19.8.28 CERTAIN VIOLATIONS RENDER SPECIAL PERMIT VOID:
A. A special permit shall be voided for any of the following violations:
(1) commencing a move under a special permit which contains incorrect information if amendments to the permit have not been issued by the department correcting the information;
(2) the movement is made on highways, roadways or streets other than those specifically noted on the special permit, other than to detour around construction zones or to clear obstructions;
(3) the size or weight limitations specified in the special permit are exceeded;
(4) improper identification or substitution of a vehicle, load or object as specified in the special permit without proper authority from the department;
(5) the special permit is not in the possession of the driver during the move;
(6) the permittee is not the owner or lessee of the transporting vehicle;
(7) speeds specified in the special permit are not observed;
(8) special provisions contained in the special permit to protect highways are not observed;
(9) any misrepresentation, use of a fraudulent or altered special permit, or the unauthorized use of a special permit; and
(10) cessation of required escort services (See 18.19.8.105 NMAC) by the escort during the movement.
B. The effect of voiding a special permit is the same as if no special permit had been issued and the violator, in addition to the charge of violation of the traffic laws of this state, will be subject to prosecution under the provisions of Section 66-7-416 NMSA 1978. No refund of, or credit for, fees paid for a voided permit will be made. After-the-fact special permits will not be issued to nullify citations.
[10/14/92, 9/15/98; 18.19.8.28 NMAC - Rn & A, 18 NMAC 19.8.10.19, 9/14/00]
18.19.8.29 SURRENDER OF VOIDED SPECIAL PERMIT: A special permit is void and the permittee is considered in violation of applicable New Mexico size and/or weight statutes when any condition or restriction contained within the special permit is not met or is otherwise violated. In such an event, the special permit must be surrendered, upon demand, to the appropriate police officer or department personnel. A new special permit is required prior to any recommencement of the move.
[10/14/92, 9/15/98; 18.19.8.29 NMAC - Rn, 18 NMAC 19.8.10.20, 9/14/00]
18.19.8.30 SECURING A NEW SPECIAL PERMIT FOLLOWING SURRENDER OF VOIDED SPECIAL PERMIT:
A. Following any citation or arrest by a police officer or department inspector for a violation of the terms and conditions of a special permit, and the surrender of that special permit, a new special permit must be secured in the same manner and following the same procedure as for an original special permit before the move can be resumed. The fact that a new special permit may be issued to continue the move carries no assumption of intent, error, mistake or mitigating circumstances concerning the limitations, conditions or provisions contained in the original special permit.
B. Arrest or citation for a violation of a special permit may be cause for suspension or cancellation of all special permit privileges of the permittee. Based on the severity of the violation, the department may cancel any or all special permits which have been issued to the permittee for any current or future movements of oversize or overweight loads and may suspend the permittee's right to apply for special permits in the future.
[10/14/92, 9/15/98; 18.19.8.30 NMAC - Rn, 18 NMAC 19.8.10.21, 9/14/00]
18.19.8.31 SUBSEQUENT SPECIAL PERMITS: The issuance of a new special permit to continue the move, following the violation and surrender of the original special permit, will be withheld until:
A. the vehicle, combination or load have been reduced or corrected to meet the requirements of the special permit; and
B. the department has received clearance from the arresting officer or the magistrate that the driver has been released or has posted bond; or
C. the department has received notice that another permittee will continue the move.
[10/14/92, 9/15/98; 18.19.8.31 NMAC - Rn, 18 NMAC 19.8.10.22, 9/14/00]
18.19.8.32 CONTINUOUS MOVEMENT:
A. The department, after conducting an evaluation of road conditions, economic impact, overall motor vehicle safety and other considerations, may authorize the issuance of a special permit which allows continuous movement for dimensions or weights that exceed the legal limits. Specific permission for continuous movement shall be stated on the special permit. If continuous movement is granted, specific restrictions may be imposed to maximize the safety of the motoring public as, for example, a requirement that the extreme dimensions of the oversize load be marked with clearance lights. Continuous movement is prohibited during conditions stated in 18.19.8.35 NMAC and during inclement weather. All lighting requirements are in accordance with Federal Motor Carrier Safety Regulations 393.11. Additional restrictions applicable to specific roads and highways may also apply and will be listed on the special permit.
B. A special permit for a continuous move will not be issued for any vehicle, combination or load which exceeds:
(1) a width of twelve feet (12') measured at the widest point;
(2) a height of fourteen feet and six inches (14'6") measured at the highest point;
(3) a length of ninety feet (90') measured from the foremost point to the rearmost point; or
(4) a weight of one hundred and twenty thousand pounds (120,000 lbs.).
C. For purposes of 18.19.8.32 NMAC, the term "special permit" includes a single trip special permit.
D. If continuous movement of an overwidth or overlength vehicle, combination or load is authorized by the department, a rear escort must be utilized for movement during non-daylight hours. Continuous movement is allowed only on interstates and four lane divided highways.
[10/14/92, 9/15/98; 18.19.8.32 NMAC - Rn & A, 18 NMAC 19.8.10.23, 9/14/00; A, 1/30/2004]
18.19.8.33 CONTINUOUS MOVEMENT OF OVERSIZED MANUFACTURED HOMES: A permittee may request continuous movement for manufactured homes having a width of more than 8'6" but not exceeding 12' or an overall length, including towing unit of more than 65' but not exceeding 90’, provided that during non-daylight hours, a rear escort is required Continuous movement is prohibited during conditions stated in 18.19.8.35 NMAC and inclement weather. Continuous movement is allowed only by a special permit issued by the department and is not allowed under a special permit self-issued by a dealer or transporter of manufactured homes under the provisions of Subsection J of Section 66-7-413 NMSA 1978 and 18.19.8.220 NMAC. Continuous movement is allowed only on interstates and four lane divided highways. Lighting requirements for non-daylight hours shall be in accordance with Federal Motor Carrier Safety Regulations 393.11.
[10/14/92, 9/15/98; 18.19.8.33 NMAC - Rn & A, 18 NMAC 19.8.10.24, 9/14/00; A, 1/30/2004]
18.19.8.34 MOVEMENT RESTRICTED DURING NON-DAYLIGHT HOURS, WEEKENDS AND HOLIDAYS: Movement after sunset or before sunrise on weekdays and Saturdays, or movement at any time on Sundays or on legal holidays shall not be permitted, unless all guidelines in accordance with 18.19.8.32 NMAC are being met. When considering whether a move can be permitted during non-daylight hours, or on Sundays or legal holidays, the department will consider the following:
A. the size and/or weight of the vehicle or load to be permitted;
B. the route to be traveled;
C. the safety to the overall motoring public;
D. advice of the state highway and transportation department officials or law enforcement officials concerning various aspects of the move; and
E. any other consequence of allowing or not allowing the move during such times.
[10/14/92, 9/15/98; 18.19.8.34 NMAC - Rn, 18 NMAC 19.8.10.25, 9/14/00; A, 1/30/2004]
18.19.8.35 LEGAL HOLIDAYS UPON WHICH SPECIAL PERMIT MOVEMENTS ARE PROHIBITED:
A. Unless expressly specified on the special permit, movement is prohibited on the following legal holidays:
(1) New Year's day;
(2) Memorial day;
(3) Independence day;
(4) Labor day;
(5) Thanksgiving day; and
(6) Christmas day.
B. The department may designate other holidays on which movement will also be prohibited. When any of these holidays falls on or is observed on a day other than a Monday or Saturday, movement restrictions shall run from sunset of the day preceding such holiday to sunrise of the day following such holiday. When the holiday falls on or is observed on a Monday, movement is prohibited after sunset of the preceding Saturday until sunrise on the following Tuesday unless otherwise permitted in writing by the department or unless otherwise specified on the special permit. When the holiday falls on or is observed on a Saturday, movement is prohibited after sunset of the preceding Friday until sunrise on the following Monday unless otherwise permitted in writing by the department or unless otherwise specified on the special permit.
[10/14/92, 9/15/98; 18.19.8.35 NMAC - Rn, 18 NMAC 19.8.10.26, 9/14/00]
18.19.8.36 INCLEMENT WEATHER: Special permits may restrict movement during inclement weather to direct movement to the nearest point of safety.
[10/14/92, 9/15/98; 18.19.8.36 NMAC - Rn, 18 NMAC 19.8.10.27, 9/14/00]
18.19.8.37 SPECIAL PERMITS TO GOVERNMENTAL ENTITIES: A governmental entity, whether federal, state or local, is required to obtain a special permit before moving a vehicle, combination or load that exceeds legal limits. In such cases, the permittee shall comply with all applicable restrictions and provisions. No fees will be charged for the issuance of a special permit to any governmental entity but this waiver of fee does not apply to any private person moving the vehicle, combination or load for the governmental entity.
[10/14/92, 9/15/98; 18.19.8.37 NMAC - Rn, 18 NMAC 19.8.10.28, 9/14/00]
18.19.8.38 EMERGENCY SPECIAL PERMIT:
A. Emergency special permits shall be issued only in clear cases of emergency and only in those instances where it is not possible to follow normal procedures for obtaining a special permit. Emergency special permits will not be issued to anyone who has had the opportunity to foresee the situation and time to acquire a single or multiple-trip special permit. When the transportation of military cargo is proposed, involving oversize or overweight vehicles, combinations or loads, the proper military authority must furnish the department a certificate of military necessity before such movement begins.
B. An emergency special permit shall expire upon the conclusion of the emergency condition for which it was issued and all regulations, restrictions and other requirements applicable to over dimension vehicles or loads will apply to the continued movement of the vehicle, combination or load as if the emergency special permit had not been issued.
[10/14/92, 9/15/98; 18.19.8.38 NMAC - Rn, 18 NMAC 19.8.10.29, 9/14/00]
18.19.8.39 TOWING UNIT WHEELBASE REQUIREMENT: The towing unit, except a unit used to move manufactured homes, must have an overall wheelbase of at least ninety-nine inches and must be of sufficient capacity that transporting or pulling of the oversize or overweight load will not create any unnecessary hazard to the motoring public.
[10/14/92, 9/15/98; 18.19.8.39 NMAC - Rn, 18 NMAC 19.8.10.30, 9/14/00]
18.19.8.40 LOADING:
A. Loads for which a special permit has been issued may consist of one or more oversize objects, or of an oversized object and other objects of legal limits, provided that the additional object or objects:
(1) are loaded in accordance with 18.19.8 NMAC;
(2) do not result in exceeding the maximum legal gross weight or axle weights, unless so specified in the special permit; and
(3) because of the positioning of the objects on the vehicle, do not result in exceeding other maximum legal dimensions. Positioning, in order to maximize the available loading area of the vehicle, of one object in a manner which causes the load to be oversize, which in another position would remain within the legal limits, is considered a reducible arrangement and a special permit shall not be issued in such cases.
B. Consideration must be given to the weight and balance of the combined load to assure stability of the load and safety of the move. Any load having two dimensions which exceed the limitations for width, height or length must be loaded in a manner that minimizes the overall combination of dimensions.
[10/14/92, 9/15/98; 18.19.8.40 NMAC - Rn & A, 18 NMAC 19.8.10.31, 9/14/00]
18.19.8.41 FLAGS REQUIRED: A permitted vehicle or load must be properly flagged at all times. "Properly flagged" means that flags are colored red, florescent red or florescent orange and which are no less than twelve inches (12") by twelve inches (12”) square on any side and are affixed to the vehicle and load in accordance with the Motor Carrier Safety Act and 18.2.3 NMAC.
[10/14/92, 9/15/98; 18.19.8.41 NMAC - Rn & A, 18 NMAC 19.8.10.32, 9/14/00; A, 1/30/2004]
18.19.8.42 SIGNS REQUIRED: The appropriate oversize load signs must be properly affixed on both the front and the rear of the permitted vehicle. The "OVERWIDTH", "OVERHEIGHT", "OVERLENGTH" or "OVERSIZE" signs must be at least five feet (5') wide by twelve inches (12") high. An “OVERSIZE” sign may be used to designate over-width, over-length or over-height loads. The lettering must be black, one inch (1") wide by ten inches (10") high. The background of the sign must be bright yellow.
[10/14/92, 9/15/98; 18.19.8.42 NMAC - Rn, 18 NMAC 19.8.10.33, 9/14/00]
18.19.8.43 OVERWIDTH VEHICLES, COMBINATIONS OR LOADS:
A. The overall width of a vehicle, combination or load includes any projections, lashing, chains, cables, load binders, or any object or device that constitutes the extreme width unless such devices are used exclusively to secure the load provided such devices do not exceed three inches (3") on either side.
B. Unless otherwise specified on the special permit, the permitted load shall be properly flagged and have appropriate signs designating it as an overwidth or oversize load.
[10/14/92, 9/15/98; 18.19.8.43 NMAC - Rn, 18 NMAC 19.8.10.34, 9/14/00]
18.19.8.44 BLOCKING OF BLADES, BUCKETS AND OTHER ATTACHMENTS: If the overwidth dimension consists of a bulldozer or other construction equipment that includes a "blade" or other attachments, such device must be blocked at the highest possible setting and must be angled as much as possible to minimize the width.
[10/14/92, 9/15/98; 18.19.8.44 NMAC - Rn, 18 NMAC 19.8.10.35, 9/14/00]
18.19.8.45 OVERHEIGHT VEHICLES, COMBINATIONS OR LOADS:
A. Special permits may be issued for vehicles, combinations or loads in excess of the statutory limit for height of fourteen feet (14'), measured from the upper-most point of the vehicle or load to the roadbed, provided the substitution of a different type of trailer would not make the vehicle or load fourteen feet (14') or less in height.
B. If a special permit is requested for a height greater than sixteen feet (16'), the applicant must check the desired route for clearance of any overhead structures such as traffic signals, wires, utility lines and overpasses. Depending on the route requested, the department may require a full route survey. Proof of a route survey may be requested by the department prior to issuance of the special permit. Certification in writing from utility companies may be required if the vehicle or load exceeds a height of eighteen feet (18').
C. The permittee must protect all overhead wires, structures and roadside property. Any damage to these or to the roadway, pavement, road guards or shoulders must be restored at the sole expense of the permittee. The granting of a special permit shall not be construed to relieve the permittee of any responsibility for public liability or property damage or of other responsibility under the New Mexico motor vehicle laws.
D. The department may use state highway and transportation department maps, guidelines or directives when determining if a second person or escort will be required to check all overhead clearances during the move. Any requirement for a second person or escort will be stated on the face of the special permit.
E. Movements that will not clear highway construction, wires, utility lines, bridges, overpasses or other overhead structures shall be detoured. Use of off-ramps or frontage roads to clear overhead and other obstacles is permitted, provided overall traffic flow is not adversely affected and traffic safety is not jeopardized.
[10/14/92, 9/15/98; 18.19.8.45 NMAC - Rn, 18 NMAC 19.8.10.36, 9/14/00]
18.19.8.46 OVERLENGTH OBJECTS:
A. Special permits may be issued for the movement of objects which cannot be readily disassembled or dismantled and which exceed sixty-five feet (65') in length. Single units, including front and rear overhang, shall not exceed forty feet (40') in length, except by special permit. A combination, including front and rear overhang, shall not exceed sixty-five feet (65') in length, except by special permit.
B. Overlength special permits will be denied when:
(1) pipe, when welded together, is in excess of eighty feet (80') in length; and
(2) crane or tower booms, when bolted or pinned, are in excess of forty feet (40').
C. Unless otherwise specified on the special permit, the permitted load must be properly flagged and have the appropriate signs designating it as an overlength or oversize load.
[10/14/92, 9/15/98; 18.19.8.46 NMAC - Rn, 18 NMAC 19.8.10.37, 9/14/00]
18.19.8.47 FRONT OR REAR OVERHANGS AND PROJECTING LOADS: Special permits may be issued for excessive front or rear overhangs (as defined in Section 66-7-406 NMSA 1978) on vehicles such as, but not limited to, motor cranes, well-drilling rigs, camera-boom trucks and other similar types of equipment provided, however, that the overhang does not cause excessive axle-weight which diminishes the effectiveness of the steering axle or axles and further provided the overhang does not constitute a hazard. The department may require an escort as a condition of issuing a special permit for movement of a vehicle or load with an excessive overhang.
[10/14/92, 9/15/98; 18.19.8.47 NMAC - Rn & A, 18 NMAC 19.8.10.38, 9/14/00]
18.19.8.48 STATE HIGHWAY AND TRANSPORTATION DEPARTMENT SHALL MAKE ROUTE DETERMINATION AND SHALL BE FINAL AUTHORITY ON ISSUANCE OF OVERWEIGHT SPECIAL PERMIT: The state highway and transportation department, upon the request of the department, shall perform an analysis of the proposed route to be used to transport an overweight, permitted load with a total weight of less than 170,000 pounds. The state highway and transportation department shall determine if the route is capable of handling the overweight movement. The analysis shall include a review of any bridges, culverts, overpasses or other structures that may be affected. The state highway and transportation department shall promptly perform the analysis and advise the department whether the special permit may be granted. the state highway and transportation department may also request that specific restrictions or requirements be imposed on the permittee. Any special permit for the movement of a vehicle, combination or load which exceeds 170,000 pounds in total weight must be approved by the state highway and transportation department.
[10/14/92, 9/15/98; 18.19.8.48 NMAC - Rn, 18 NMAC 19.8.10.39, 9/14/00]
18.19.8.49 WRECKER SERVICES - MAXIMUM WIDTH AND HEIGHT:
A. Twelve feet (12') is the maximum width allowed when towing disabled or wrecked vehicles, including the towing of a vehicle on a dolly, under a multiple trip special permit. This limit includes the width of the towed vehicle plus all load binders or other equipment required to tie or hold the unit together.
B. The legal maximum height of fourteen feet (14') applies when towing vehicles under a multiple trip special permit, unless damage to the wrecked or disabled vehicle causes protruding pieces which cannot be reasonably removed before towing, in which case, fifteen feet (15') is the maximum permissible height.
C. A disabled or wrecked vehicle which exceeds twelve feet (12') in width or fifteen feet (15') in height may not be moved under a multiple trip special permit. A single-trip special permit must be obtained when width is greater than twelve feet or the height is greater than fifteen feet. Single trip emergency special permits shall not be issued or used to circumvent requirements imposed on multiple trip special permits. The department may require an escort as a condition of the single-trip special permit.
D. The provisions of 18.19.8.49 NMAC apply to all classes of wrecker service.
[10/14/92, 9/15/98; 18.19.8.49 NMAC - Rn & A, 18 NMAC 19.8.10.40, 9/14/00]
18.19.8.50 MOVEMENT OF HOUSES AND BUILDINGS:
A. Single-trip special permits may be issued for the movement of houses, buildings and similar structures which exceed statutory size and weight limitations. Special permits shall not be issued for any movement along or across a highway when a building is mounted on skids. Porches or protruding sections must be removed to reduce the house or building to acceptable proportions. Loose boards, bricks and similar items must also be removed for safety. The movement of any house or building with a width in excess of thirty feet (30') must be approved by the department.
B. Houses and buildings may be mounted on house-moving dollies equipped with pneumatic tires and towed by a truck or truck tractor, or they may be loaded on a truck, semi-trailer or trailer and transported under the same operational requirements for the movement of oversize and overweight vehicles and loads as are specified in 18.19.8.10 through 18.19.8.49 NMAC. The movement of a house, building or similar structure, when mounted on a trailer, wagon or other wheeled device shall not be authorized when the unit is to be pulled or towed by a farm tractor.
C. When house-moving dollies are used, the dollies and tires must be in good condition and a sufficient number must be used to carry the weight of the structure being moved. The truck or tractor must be in good condition and must have the capacity and power to control the movement of the structure. All vehicles used in the move must conform with all safety standards prescribed by law.
[10/14/92, 9/15/98; 18.19.8.50 NMAC - Rn, 18 NMAC 19.8.10.41, 9/14/00]
18.19.8.51 PRELIMINARY APPLICATIONS FOR A SPECIAL PERMIT TO MOVE BUILDINGS: When the purchase or acquisition of a house, building or similar structure is contingent upon the availability of a special permit to move the structure over highways in this state, the preliminary application for the special permit should state that it is being submitted for informational purposes. The data on the preliminary application must be sufficient to allow the department to evaluate the proposed move. If it is determined that the proposed move is feasible, the mover will be notified that the special permit can be issued. The special permit will be held, not to exceed a period of thirty (30) days, until the mover is prepared to make the move. Upon written notification to the department and upon payment of the proper fee, the special permit will be issued.
[10/14/92, 9/15/98; 18.19.8.51 NMAC - Rn, 18 NMAC 19.8.10.42, 9/14/00]
18.19.8.52 PROOF OF FINANCIAL RESPONSIBILITY:
A. Any person applying for any special permit shall have submitted to the department proof of meeting the financial responsibility requirements of New Mexico's statutes.
B. If a private carrier, the applicant must file with the department's Santa Fe office a printed or typed certificate of insurance issued by an insurance carrier which is duly authorized to transact business in this state in accordance with state corporation commission, department of insurance requirements or public regulation commission requirements.
C. The certificate must show satisfactory evidence of the following minimum coverage:
(1) bodily injury liability of $50,000.00 for each person and $100,000.00 for each accident; and
(2) property damage liability of $25,000.00 for each accident.
D. The insurance certificate must identify:
(1) the vehicle(s) covered by year, make, type, capacity, license number and serial number or that the vehicle is included under an all owned, non-owned and hired vehicle clause;
(2) the effective dates of coverage; and
(3) the name and address of the insured.
E. If a for-hire carrier, the applicant must submit a copy of the applicant’s certificate of insurance or other acceptable evidence showing that the certification, operating authority and insurance requirements of the New Mexico state corporation commission or public regulation commission have been met.
F. The applicant, whether a private carrier or a for-hire carrier, must notify the department in writing of any material change or cancellation of insurance coverage at least 10 days prior to the effective date of such change or cancellation. The department shall void any outstanding special permits if insurance is canceled and not replaced before the expiration date noted on the special permit.
G. If the required insurance coverage is not on file with this department or with the state corporation commission or public regulation commission, the special permit application will be held in abeyance until satisfactory proof of coverage is provided by the applicant.
[10/14/92, 9/15/98; 18.19.8.52 NMAC - Rn, 18 NMAC 19.8.14.15, 9/14/00]
18.19.8.53 through 18.19.8.79 [RESERVED]
18.19.8.80 SPECIAL PERMITS FOR MULTIPLE TRIP MOVEMENTS:
A. A multiple trip special permit allows the movement of a particular vehicle more than once, more than one way and is valid up to one year, but will not exceed the coverage period noted on the applicant's certificate of insurance. An expiration date will be noted on the multiple trip special permit.
B. Multiple trip special permits may be issued for equipment or vehicles which exceed the maximum size and weight limits established by law, provided there is no reasonable way by reduction or division of the vehicle or equipment, to meet the size or weight standards set by law.
C. Multiple trip special permits may include a provision for excessive weight. If the special permit does include a provision for excessive weight, the permittee will be furnished with the locations of two types of structures in the area of operation:
(1) Structures which may be used by the vehicle or combination. The permittee is required to keep records of usage of such structures. The department may inspect such records at the permittee's place of business during normal working hours.
(2) Structures which may not be used by the vehicle or combination. Use of these structures renders the multiple trip special permit void. Under special circumstances, a single-trip special permit may be secured to use one of these structures, but the multiple trip special permit does not authorize their use.
D. Multiple trip special permits are issued for a particular vehicle or combination of vehicles and a particular load. The multiple trip special permit is not valid for any other vehicle, combination or load. Use of a multiple trip special permit by other than the vehicle for which it was issued is a misuse and renders the multiple trip special permit void.
E. Any restrictions associated with the multiple trip special permit, including specific routes, are an integral part of the special permit and any violation of such restrictions renders the multiple trip special permit void.
[10/14/92, 9/15/98; 18.19.8.80 NMAC - Rn, 18 NMAC 19.8.12.1, 9/14/00]
18.19.8.81 WRECKER SERVICE - MULTIPLE TRIP SPECIAL PERMITS:
A. Multiple trip special permits may be issued for a period not to exceed one year, to a wrecker service holding a valid certificate of convenience and necessity, commensurate with the class of service authorized. A commercial motor carrier which operates wreckers for the towing of its own vehicles and not for hire may also apply for multiple trip special permits.
B. The multiple trip special permit authorizes movement on an emergency basis of oversize and overweight vehicles, combinations or loads day or night, Saturdays, Sundays and holidays, over all highways not otherwise excluded by the multiple trip special permit. For purposes of 18.19.8.81 NMAC, "movement on an emergency basis" means the towing from a highway or right-of-way of a wrecked or disabled vehicle, which cannot otherwise be moved under its own power, when such movement is necessary for the safety and convenience of the public. Unless the requirements of 18.19.8.81 NMAC or of other laws or regulations provide otherwise, "movement on an emergency basis" includes the movement of the vehicle from the site of the wreck or disablement to the vehicle owner's premises, a repair facility or a storage facility operated by the wrecker service.
C. In addition to requirements established by law and regulations in force whether administered by this department or other governmental entities, the following requirements and restrictions apply while operating under the multiple trip special permit:
(1) Towing of one motor vehicle and one trailer in combination will be allowed under the multiple trip special permit except that the second trailer of any three unit combination may also be towed in combination to the nearest point of safety where it must be disconnected from the combination being towed.
(2) Movement during inclement weather is restricted to movement from the site of disablement or wreck to the nearest point of safety.
(3) When towing any combination of vehicles, the driver shall comply with all safety regulations with respect to both the equipment and the driver. When towing any combination of vehicles, the towed combination must be equipped with an oversize load sign, in addition to any other required warning devices.
(4) Unless the towed unit or combination has been issued a valid oversize overweight special permit, the combined weight of the wrecker and the towed unit or combination shall not exceed the weight of the wrecker plus 86,400 pounds and the overall length shall not exceed 115 feet.
(5) If the towed unit or combination has been issued a valid oversize or overweight special permit and the combined length of the unit plus the length of the wrecker exceeds 115 feet or the combined weight of the towed unit and the wrecker exceeds the weight of the wrecker plus 86,400 pounds, the unit may be towed only to the nearest point of safety. The towing of such unit or combination beyond the nearest point of safety will require an additional single trip special permit to be issued based on the combined length and weight of the wrecker and the towed unit or combination.
D. For purposes of 18.19.8.81 NMAC, the nearest point of safety shall be the closest area where the vehicle can be temporarily parked clear of any other motor vehicle traffic and which is at least thirty (30) feet from the outer edge of the nearest traffic lane of any road or highway at the closest point. The provisions of 18.19.8.81 NMAC do not authorize the trespass on privately owned property by any driver. Except with permission of the owner, private land shall not be used as the nearest point of safety for the purposes of 18.19.8.81 NMAC.
[10/14/92, 9/15/98; 18.19.8.81 NMAC - Rn & A, 18 NMAC 19.8.12.2, 9/14/00]
18.19.8.82 SPECIAL PERMITS FOR SINGLE-TRIP MOVEMENTS: Special permits for single-trip movements are issued for a single one-way movement of oversize or overweight vehicles or loads. The single-trip special permit is normally valid for three days, unless otherwise specified on the special permit.
[10/14/92, 9/15/98; 18.19.8.82 NMAC - Rn, 18 NMAC 19.8.13, 9/14/00]
18.19.8.83 through 18.19.8.99 [RESERVED]
18.19.8.100 ESCORT NEED DETERMINATION: The department, after evaluating the dimensions of the vehicle, combination of vehicles or load to be permitted and the route to be traveled, shall determine whether an escort will be required. The permittee must furnish escort vehicles whenever specified on the face of the special permit or whenever required by the escort vehicle map.
[10/14/92, 9/15/98; 18.19.8.100 NMAC - Rn, 18 NMAC 19.8.11.1, 9/14/00]
18.19.8.101 TYPES OF ESCORTS:
A. Escorts shall be either "private" or "police". If a private escort is used, the escort vehicle must be properly certified and must comply with all equipment and safety requirements imposed by the department.
B. Private escorts include:
(1) for-hire escorts; and
(2) permittee escorts.
C. An intrastate movement requiring an escort which is made by a for-hire carrier must use a for-hire escort with state corporation commission or public regulation commission authority. If the movement requiring the escort is interstate, a for-hire carrier which has been granted current authority by the commission may use its own escort. A for-hire carrier without current commission authority must use a for-hire escort service which has current commission authority. It is the responsibility of the permittee to assure that the for-hire escort used in the move has current operating authority from the commission.
D. A private carrier may furnish its own escort vehicles and drivers for both intrastate and interstate movements. Permittee escorts must be approved by the department and must comply with all of the requirements set forth in 18.19.8 NMAC.
E. Police escorts include:
(1) state police escorts; and
(2) municipal police escorts.
F. A state police escort is required for movement of structures of a width of twenty feet (20') or more for a distance of five (5) miles or more. A state police escort may also be required by the department for any other move that will adversely affect traffic, will create undue hazards or will in any manner jeopardize the safety of the motoring public. If the move is entirely within a municipality, the permittee may use a police escort provided by the municipality in lieu of a state police escort.
[10/14/92, 9/15/98; 18.19.8.101 NMAC - Rn, 18 NMAC 19.8.11.2, 9/14/00]
18.19.8.102 POLICE ESCORTS:
A. The New Mexico state police has the authority to escort the movement for a distance of five (5) miles or more of a vehicle, combination of vehicles or load which is twenty feet (20') or more in width on state highways outside the corporate limits of municipalities or when passing through municipalities. The commander or delegate of the state police district where the move is to begin, upon notification by the applicant of a pending move of a house or building, shall determine, unless otherwise provided by law or regulation, whether a state police escort will be required.
B. Whenever it is determined that a state police escort will be required, the district commander shall contact any other state police district in which the move will occur to ascertain manpower availability, special conditions or other factors that will affect the proposed move. The applicant will not be required to contact any state police district other than the district from which the move is originating. The district commanders shall schedule officers to minimize any delay in the movement when a house or building moves from one district to another. The appropriate state police escort fee will be assessed and shall be based on the number of days required to escort the move and not the number of police units utilized. If the move is wholly within a municipality, a special permit will not be issued until the department is assured that the permittee has arranged with local police for assistance.
[10/14/92, 9/15/98; 18.19.8.102 NMAC - Rn, 18 NMAC 19.8.11.3, 9/14/00]
18.19.8.103 PRIVATE ESCORT - VEHICLE REQUIREMENTS:
A. A private escort vehicle must be inspected by the department on an annual basis. The department shall issue a certificate of acceptance for the vehicle upon the satisfactory evaluation of the vehicle for a period of one year or until insurance coverage of the vehicle expires, whichever first occurs. The wheelbase of the vehicle must be at least one-hundred inches (100"). Unless otherwise approved upon written application to the department, escort vehicles must not exceed a "ton & one-half capacity" as rated by the manufacturer.
B. The escort vehicle must be equipped with two (2) red or florescent orange flags when escorting a load. Such flags must be square or rectangular and no less than twelve inches (12") on any side.
C. The escort vehicle must display two rotating amber rotating, flashing or strobe lights atop the vehicle at the vehicle width or at a width not to exceed eight feet. Such lights must be of sufficient intensity to be visible at a distance of at least 1,000 feet in normal sunlight. Lights must be hooded or removed when not in use. All exterior vehicle lights must be turned on during escort operations.
D. In addition, a yellow sign at least twelve inches by five feet (12" x 5') reading "OVERSIZE LOAD" with black letters at least ten inches (10") high and one inch (1") wide must be displayed on the escort vehicle when escorting any oversize or overweight vehicle. The required flags and signage must be mounted on the front bumper of a front escort vehicle, on the rear bumper of a rear escort vehicle, or on the roof of the front or rear escort vehicle, whichever position provides the greatest visibility for the motoring public.
E. The private escort vehicle and the vehicle which is transporting or hauling the oversize load must be equipped with two-way radios to provide direct communication between the vehicles. The escort vehicle must be equipped with an outside rear view mirror on both the driver's side and the passenger's side of the vehicle.
F. The escort vehicle must be equipped with at least one fire extinguisher of minimum size, 2 and 1/2 pound carbon dioxide (CO2) extinguisher or dry-chemical type, or extinguishers of other types having equivalent or better extinguishing capacities. Extinguishers are to be mounted so as to be readily accessible for use. Escort vehicles must have on board at all times the safety equipment specified in Section 66-3-849 NMSA 1978 relating to flares or other warning devices and the equipment required for use by flagmen under 18.19.8.113 NMAC.
G. If the escort vehicle is operated by a for-hire escort service, the vehicle must display the name, address and state corporation commission or public regulation commission authority number on both sides of the vehicle. This information may be displayed using removable, magnetic signs. Escort vehicles shall not display any sign, insignia, device or emblem that is similar in size, shape or color to any police insignia or badge.
H. The escort vehicle must be registered in accordance with provisions of New Mexico motor vehicle laws and must be insured in accordance with New Mexico financial responsibility laws. Unless otherwise required by law, liability insurance amounts must be at least $50,000.00 for each person, $100,000.00 for each accident, and must cover property damage of not less than $25,000.00 for each accident. Escort vehicles regulated by the state corporation commission or public regulation commission must comply with any liability insurance requirements promulgated by the commission.
I. The required equipment, the certificate of convenience and necessity which is required by the state corporation commission or public regulation commission and any documentation of vehicle registration and insurance on the escort vehicle shall be available for inspection on demand by proper authorities.
J. The escort vehicle in operation as an escort vehicle must not tow any trailer or vehicle, be loaded in a manner to obstruct the driver’s vision to the front, side or rear or be loaded with any items, other than required safety equipment, that protrude beyond the front, rear or sides of the escort vehicle.
[9/15/98; 18.19.8.103 NMAC - Rn & A, 18 NMAC 19.8.11.4, 9/14/00]
18.19.8.104 PRIVATE ESCORT - VEHICLE DRIVER REQUIREMENTS:
A. The driver of a private escort vehicle must be at least eighteen years of age and be licensed in accordance with the driver licensing requirements for escort vehicle drivers imposed by the state or jurisdiction in which the driver resides.
B. The escort driver may not wear any uniform of a color or design similar to uniforms used by police agencies in New Mexico. The driver may not display any badge, shield or emblem of a type similar to police badges or emblems. The wearing of side-arms of any type, while performing escort vehicle driver services under 18.19.8.100 through 18.19.8.113 NMAC, is prohibited.
C. Any person currently employed by the department shall not perform as a driver of a private escort vehicle.
[10/14/92, 9/15/98; 18.19.8.104 NMAC - Rn & A, 18 NMAC 19.8.11.5, 9/14/00]
18.19.8.105 DUTIES AND RESPONSIBILITIES OF ESCORT VEHICLE DRIVERS:
A. The general purpose of the escort vehicle is to enhance the safety of moving oversize vehicles or loads over the highways and to reduce delays and inconveniences to the normal flow of traffic. Although escort drivers are responsible for the safe flow of traffic in the immediate area of the move, private escort drivers do not have police powers and shall not issue any type of citation or initiate any attempted arrest. A private escort driver shall not operate the escort vehicle as an emergency vehicle such as a police, fire or rescue squad vehicle.
B. It is the purpose of an escort vehicle to alert the motoring public to the presence or approach of an oversize vehicle or load. Escort drivers are responsible for controlling the movement of the vehicle or load on the highway, in a manner that maximizes safety for the motoring public. Escort drivers are also responsible for assisting the driver of the permitted vehicle or load to comply with all applicable traffic laws. Special permits are not issued to escort drivers, but every escort driver must comply with the escort requirements and restrictions noted on the special permit.
C. The duties of the escort driver include meeting with the driver of the oversize vehicle or load before commencement of the move to discuss various aspects of the move, to review the routing specified in the special permit to make sure the directions are understood by everyone involved in the move and to determine the position of the escort vehicle(s). Before the move, the escort vehicle driver(s) should review the special permit for any special requirements, restrictions or instructions and should assure that all mandatory equipment, such as signs and flags, required on the escort vehicle is in proper working condition. The escort vehicle driver must possess at all times during the move a current driver's license and the required escort vehicle certificate of acceptance.
D. Specific responsibilities of a front escort vehicle driver shall include, but are not limited to:
(1) warning oncoming traffic of the presence of an oversize vehicle or load;
(2) maintaining communication with the driver of the oversize vehicle or load by using the two-way radio to provide notification of hazards, obstructions, pedestrians and other potential problems that would affect the safe movement of the load and the motoring public;
(3) making sure the oversize vehicle or load driver is following the route prescribed on the special permit;
(4) assisting the driver of the oversize vehicle or load in locating safe places to allow the oversize vehicle or load and the escort vehicle(s) to clear the roadway so traffic following the oversize vehicle or load can safely pass; and
(5) warning motorists to stop at the end of narrow structures to permit safe passage of the oversize vehicle or load through the obstruction.
E. Specific responsibilities of a rear escort vehicle driver shall include, but are not limited to:
(1) warning traffic approaching from the rear of the presence of an oversize vehicle or load ahead;
(2) assisting the oversize vehicle or load driver by providing notification of flat tires, objects coming loose from the vehicle or load or other occurrences of which the driver may not be aware;
(3) notifying the front escort driver (when applicable) and the oversize vehicle or load driver of traffic buildup and other delays to the normal flow of traffic;
(4) notifying the oversize vehicle or load driver of motorists attempting to pass the vehicle or load; and
(5) warning motorists to stop at narrow structures and other roadway restrictions to permit safe passage of the oversize vehicle or load through the obstruction.
F. During the trip, the escort driver(s) and the load driver shall act as a team to ensure that safety of the motoring public is sustained. The escort vehicle driver and the load driver shall conduct the move in full compliance with all traffic laws and regulations. If the escort driver(s) determines the load driver will not comply with any provision of the special permit or is otherwise operating in a manner that creates a hazardous or dangerous situation, the escort driver(s) must notify the load driver of the escort driver(s) intent to cease providing escort services, thereby invalidating the special permit. Should the escort driver(s) actually cease to provide escort service, the escort driver(s) must promptly notify the department.
G. Front and rear escort drivers must maintain a distance between their vehicles and the oversize vehicle or load consistent with the safe operation of the movement. Depending on highway and traffic conditions, a distance of 300 to 1000 feet is usually appropriate. In urban areas or at narrow bridges, shorter distances are usually desirable. Generally in rural areas on narrow winding or hilly roads, the front escort (when required) should travel well ahead of the oversize vehicle or load to warn oncoming traffic of the hazard. Similarly, the rear escort (when required) should travel well behind the load in advance of roadway restrictions to warn motorists following the load.
H. The driver of the escort vehicle and the driver of the oversize vehicle or load must obey all traffic lights when traveling on a route where traffic signals control the movement of traffic. If the escort vehicle passes through the intersection and the escorted vehicle is required to stop for a red light, the escort driver shall stop as soon as possible on the right-hand side of the road and not resume travel until the escorted vehicle approaches the required distance. When the escort driver following the oversize vehicle or load is required to stop at a traffic light when the escorted vehicle has passed through the intersection, the load driver should proceed with the move as planned and the rear escort driver should proceed to resume a normal following distance as soon as the driver can proceed through the intersection.
I. When stopped or slowing at a traffic hazard or when traveling at a speed of less than 30 miles per hour, the escort driver must use the vehicle emergency flashers. The flashers shall not be used when operations exceed 30 miles per hour.
J. Unless roadway hazards exist, the driver of the rear escort vehicle shall not prevent motorists from passing the escorted vehicle. The escort driver must inform the driver of the escorted vehicle, via two-way radio, that a motorist is attempting to pass so appropriate precautions can be taken. Advance warning is especially important when large trucks pass the load. To allow traffic to pass when traffic following the escorted vehicle begins to build up or when traffic is detained for more than 10 minutes, the escort driver(s) shall assist the driver of the escorted vehicle in locating a suitable area where the load and the escort vehicle(s) can be completely and safely removed from the roadway and later may re-safely re-enter the roadway. When it is necessary for the escorted vehicle to pass other vehicles or to make a wide turn, the rear escort driver must clearly signal an intention to pass or turn and move into the passing or turning lane well before the driver of the escorted vehicle initiates the maneuver. The rear escort driver must stay in the passing lane until the escorted vehicle completes the pass or turn.
K. During periods of inclement weather and when mechanical, physical or other problems occur, the escort driver must assist the driver of the escorted vehicle in locating a safe place to remove the oversize vehicle or load and escort vehicle(s) from the roadway until operations can be resumed.
L. When an oversize load is routed upon any highway which is too narrow for two-way travel at all points, the front escort vehicle driver (or flagman) shall advance to a point where two-way traffic can be maintained and warn oncoming traffic to stop at that location. When the oversize vehicle or load reaches the location where traffic is stopped, the oversize vehicle or load must halt and allow traffic to clear from both directions, with assistance being given by the escort driver or flagman. Traffic shall not be detained for more than ten minutes except for extraordinary circumstances. The flagging requirements and methods of 18.19.8.23 NMAC shall be followed when flagging or stopping traffic is required.
M. When the escort operation is completed, the escort driver must turn off all exterior lights, remove or cover the oversize load escort sign and hood or remove the required amber flashing rotating lights.
N. It is the responsibility of the driver of the escort vehicle to operate the "warning vehicle" as such. The driver shall not run traffic signals, fail to stop at stop signs, pass improperly, or otherwise disobey or disregard any traffic law.
[10/14/92, 9/15/98; 18.19.8.105 NMAC - Rn & A, 18 NMAC 19.8.11.6, 9/14/00]
18.19.8.106 EMERGENCIES:
A. In case of an accident involving the oversize vehicle or load or the escort vehicle or in case of an accident involving other vehicles which accident impedes or prohibits the continued movement of the escorted vehicle, the escort driver shall:
(1) prevent a second accident by pulling completely off the roadway if possible;
(2) turn on flashing lights and turn signal emergency flashers;
(3) warn approaching traffic of the accident;
(4) get help, ask the next person who stops to contact the police, ambulance or other emergency services and use the two-way radio to request aid, but do not rely on it as a sole means of requesting aid;
(5) turn off ignition of wrecked vehicles to reduce fire hazard and keep smokers away from accident area;
(6) not move the injured unless they're in a burning vehicle or other immediate danger because unnecessary moving often complicates injuries;
(7) search area for victims thrown from vehicles; and
(8) when trained personnel arrive, give a brief summary of what has been done and offer further assistance, but do not interfere with their efforts to care for the injured or otherwise take control of the incident.
B. The driver of the escort vehicle may not leave the scene until authorized to do so by law enforcement personnel.
[10/14/92, 9/15/98; 18.19.8.106 NMAC - Rn, 18 NMAC 19.8.11.7, 9/14/00]
18.19.8.107 GENERAL ESCORT PROCEDURES:
A. The speed limit for the escorted oversize vehicle or load is to be determined by the issuing authority, and in no event is it to exceed posted speed limits. The speed limit indicated by the special permit must be complied with by the escorted oversize vehicle and any escort vehicle accompanying the movement.
B. Movement shall be made on those highways designated on the special permit. Unless otherwise specified on the special permit, no movement shall be made during non-daylight hours or during inclement weather. When the movement is in progress and inclement weather occurs, it shall be the responsibility of the escort driver to coordinate the removal of the escorted vehicles from the traveled portion of the highway to a safe location off the shoulder.
C. Unless otherwise specified on the special permit, when a single escort is required, it must travel to the rear of the oversize vehicle, combination or load on multi-lane highways and in front of the escorted vehicle on two-lane highways. The oversize load must travel as near the right side of the roadway as is safely possible, to ensure that traffic will be able to pass safely. The escort and escorted vehicle shall not infringe upon the opposite-bound lane unless necessary to avoid obstacles in the path of the movement.
D. An escorted vehicle, combination or load approaching any bridge, hill or incline which cannot be traversed safely because of inability to distinguish potential hazards by sight shall be parked (off the roadway where possible) and the escort vehicle shall proceed past the bridge, hill or incline. The oversize vehicle, combination or load shall traverse the bridge, hill or incline only after the escort vehicle has stopped oncoming traffic and provided clearance to proceed by two-way radio.
E. An oversize vehicle, combination or load may not park on the main-traveled portion of the highway unless absolutely necessary, or in case of an extreme emergency. Any time an oversize vehicle, combination or load is parked on the highway right-of-way, it shall be adequately protected by flares, flags, flagmen, or other appropriate emergency warning devices.
[10/14/92, 9/15/98; 18.19.8.107 NMAC - Rn, 18 NMAC 19.8.11.8, 9/14/00]
18.19.8.108 ESCORT REQUIRED FOR CERTAIN OVERWIDTH VEHICLES, COMBINATIONS OR LOADS:
A. Escort(s) are required for the movement of all widths exceeding 14', and may be required for widths of less than 14' depending upon routes to be traveled. Escorts are required for the movement of loads exceeding 13'6" on any of the following Group A restricted highways:
(1) NM 2 from Roswell to Artesia;
(2) US 70 from Ruidoso Downs to Hondo;
(3) US 380 from San Antonio to Hondo;
(4) US 285 from Lamy Junction to Clines Corners;
(5) NM 4 from 5.5 miles east of San Ysidro to NM 502;
(6) US 68 from Velarde to Taos;
(7) NM 522 from Arroyo Hondo to Questa;
(8) US 84 from Abiquiu to Chama;
(9) NM 12 from Datil to US 180 Junction; and
(10) US 180 from Silver City to NM 12 Junction.
B. Escort(s) are required for the movement of loads exceeding 12' on any of the following Group B restricted highways:
(1) NM 152 from Central to Hillsboro;
(2) US 82 from Alamogordo to Hope; and
(3) US 64 from Taos to Cimarron.
C. The department, upon consultation and evaluation with the state highway and transportation department, may add or delete highways on the aforementioned group A or group B listings. In addition an escort will be required for movement of a vehicle, combination of vehicles or load which exceeds the established width for certain highways as identified on the "Escort Vehicle Map" developed and maintained by the state highway and transportation department. The department will furnish the escort vehicle map on request.
[10/14/92, 9/15/98; 18.19.8.108 NMAC - Rn, 18 NMAC 19.8.11.9, 9/14/00]
18.19.8.109 ESCORT REQUIRED FOR CERTAIN OVERLENGTH VEHICLES, COMBINATIONS OR LOADS: An escort or escorts may be required for the movement of any vehicle, combination or load which exceeds ninety feet (90') in length measured from the foremost to the rearmost part of the vehicle, combination or load. The movement of an overlength vehicle, combination or load may be restricted to certain highways as designated on the special permit whenever necessary to accommodate the overall length of the oversize vehicle, combination or load. The determination of the required number of escort vehicles will be made by the issuing agency based on the route to be traveled and other relevant considerations.
[10/14/92, 9/15/98; 18.19.8.109 NMAC - Rn, 18 NMAC 19.8.11.10, 9/14/00]
18.19.8.110 ESCORT REQUIRED FOR CERTAIN OVERHEIGHT VEHICLES, COMBINATIONS OR LOADS: An escort or a person other than the driver may be required to accompany the movement of a vehicle, combination or load which exceeds a height of sixteen feet (16') measured from the roadway to the uppermost part of the vehicle, combination or load. The movement of an overheight vehicle, combination or load may be restricted to certain highways as designated on the special permit whenever necessary to accommodate the maximum height of the oversize vehicle, combination or load. The department may use state highway and transportation department maps, guidelines and directives when determining if a second person or escort will be required. Any requirement for a second person or escort will be stated on the face of the special permit.
[10/14/92, 9/15/98; 18.19.8.110 NMAC - Rn, 18 NMAC 19.8.11.11, 9/14/00]
18.19.8.111 POLICE MAY RESTRICT MOVEMENTS: Law enforcement personnel may direct or escort an oversize vehicle, combination or load off the roadway to a place of safety. To allow queued traffic to pass from behind an oversize or overweight vehicle, combination or load, law enforcement personnel or the escort driver may also direct the driver of the oversize vehicle, combination or load to remove the vehicle from the roadway to a place of safety and temporarily stop until traffic has cleared. After the traffic has cleared, the movement may be resumed.
[10/14/92, 9/15/98; 18.19.8.111 NMAC - Rn, 18 NMAC 19.8.11.12, 9/14/00]
18.19.8.112 MOVES IN CONVOYS PROHIBITED: Unless otherwise stipulated on the special permit, an escort vehicle shall be required for each escorted load and a special permit shall be required for each escorted load. Movement in convoy is prohibited unless specifically stated on the special permit.
[10/14/92, 9/15/98; 18.19.8.112 NMAC - Rn, 18 NMAC 19.8.11.13, 9/14/00]
18.19.8.113 FLAGMEN:
A. Flagmen shall be used on all loads twenty feet (20') wide or wider and whenever required by the special permit. Flagmen may not be used in lieu of an escort vehicle but an escort vehicle may be used in lieu of a flagman. A dismounted driver of an escort vehicle may serve as a flagman.
B. The flagman must be an employee or an agent of the permittee or other private escort service, must be at least 18 years of age and must be equipped with a paddle-sign which shall be constructed of rigid durable material in the shape of a standard street stop sign. The paddle-sign must be at least 14 inches, point-to-point, and must have a red background with white lettering, one and one half inch (1.5") brush stroke with the word "STOP". The reverse side must be a yellow or orange background with black lettering, one and one half inch (1.5") brush stroke with the word "CAUTION". The paddle-sign shall have at least an eight inch (8") handle affixed to it in a manner that will display the wording at a proper position when held up to view.
C. Flagmen must wear an orange or red safety jacket. In addition, an orange or red hard hat or bump cap is recommended but is not mandatory.
D. The duty of a flagman is to dismount when movement ceases, and to direct traffic at all locations where traffic may be obstructed, or when it is necessary to infringe on the oppositely-bound traffic lane because of breakdown, pulling onto or off of the pavement, or avoiding obstacles in the path of the movement. The flagman must use the paddle-sign to warn traffic of the approaching oversize vehicle, combination or load at danger points, such as at narrow bridges and sharp corners where the vehicle, combination or load will travel.
E. Flagmen must position themselves far enough in advance of a problem area so that approaching traffic is allowed sufficient distance to reduce speed and come to a stop. Depending upon approach speed and physical conditions at the site, a distance of 200 to 300 feet is usually adequate; however in urban areas where speeds are low and streets are closely spaced, a shorter distance may be appropriate. Flagmen shall face traffic on the edge of the shoulder of the road just outside of the traffic lane and shall always stand where they are visible by approaching motorists.
F. When warning traffic, the paddle-sign must be kept in a horizontal position in the path of the vehicle. The free arm should be raised with palm of the hand toward approaching traffic. The paddle-sign must not be used to signal traffic to move ahead. When signaling traffic to move ahead, the flagman shall lower the paddle-sign behind his body and signal with the free hand, using a sweeping motion in the direction traffic is to move. To slow traffic, but not stop it, the flagman shall extend the paddle-sign into the traffic lane. The paddle-sign must be lowered before traffic is completely stopped. The paddle-sign is not to be waved. Signals from the flagman must be clear and distinct.
G. If time permits and when possible, flagmen shall inform motorists as to the reason for the delay.
[10/14/92, 9/15/98; 18.19.8.113 NMAC - Rn, 18 NMAC 19.8.11.14, 9/14/00]
18.19.8.114 through 18.19.8.199 [RESERVED]
18.19.8.200 MOVEMENT OF MANUFACTURED HOMES - TAX RELEASES REQUIRED PRIOR TO ISSUANCE OF A SPECIAL PERMIT:
A. Prior to moving a manufactured home on the highways of this state, owners, manufactured home dealers or transporters of manufactured homes subject to New Mexico property tax must provide to the department a tax release from the appropriate county assessor or treasurer if the origin of the movement of the home is in a county of this state. The tax release form shall contain the following:
(1) the date the release was issued;
(2) a full description of the manufactured home, including the name of the manufacturer, model, license number and identification number;
(3) description of the exact location where the manufactured home is being moved from, including street address (if applicable), city and county;
(4) description of the exact location where the manufactured home is being moved to including street address (if applicable), city and county;
(5) the name of the registered owner of the manufactured home;
(6) a statement by the county assessor, treasurer or delegate that all applicable property taxes have been paid or there is no liability for the current and previous years; and
(7) the signature of the assessor, treasurer or an authorized delegate of the assessor or treasurer.
B. The provisions of 18.19.8.200 NMAC shall not apply if the movement of the manufactured home originates from the lot or business location of a dealer, the home was a part of the dealer's inventory prior to the sale and the movement of the unit was not the result of a sale by or trade-in from a non-dealer owner.
C. Any dealer or transporter of manufactured homes, who has received approval to self issue special permits for the movement of oversize manufactured homes, must submit the tax release form issued by the county with those plies of the special permit which are required to be submitted to the department.
[10/14/92, 9/15/98; 18.19.8.200 NMAC - Rn & A, 18 NMAC 19.8.14.1, 9/14/00]
18.19.8.201 MOVEMENT OF MANUFACTURED HOMES - MOVEMENT ON DOLLIES REQUIRED: Special permits for the movement of manufactured homes which exceed eighteen feet (18') in width or fifteen feet, ten inches (15', 10") in height shall be issued with the requirement that the unit be moved on house moving equipment, skids or dollies. Movement of such homes without the required house moving equipment, skids or dollies will not be permitted. Awnings, doorknobs or other fixtures extending beyond the body of the overwidth unit shall be included in the overall width measurement.
[10/14/92, 9/15/98; 18.19.8.201 NMAC - Rn & A, 18 NMAC 19.8.14.2, 9/14/00]
18.19.8.202 "SELF-ISSUANCE" OF SPECIAL PERMITS FOR THE MOVEMENT OF MANUFACTURED HOME: A manufactured home dealer or transporter may apply to the department for approval to self issue special permits for the movement of oversized manufactured homes. Requirements for approval to self issue special permits include but are not limited to:
A. proof filed with the department of insurance coverage required under the provisions of either Subsection K or L of Section 66-7-413 NMSA 1978;
B. possession of current vehicle and tax registration documents for each vehicle used by the dealer or transporter in the movement of manufactured homes;
C. agreement to comply with required property tax release procedures;
D. prepayment of required self-issuance special permit fees; and
E. any other requirement which the department may determine necessary.
[10/14/92, 9/15/98; 18.19.8.202 NMAC - Rn & A, 18 NMAC 19.8.14.3, 9/14/00]
18.19.8.203 COMPOSITION OF SELF-ISSUANCE SPECIAL PERMIT FORM:
A. Any person who has been approved to self issue special permits for the movement of oversized manufactured homes must use the special permit form prescribed and furnished by the department. Special permit forms will be provided by the department only after receipt of payment of the authorized fee for each special permit requested. No credit, transfer or refund shall be allowed for lost, unused, incorrectly prepared or destroyed special permits, whether or not such special permits are returned to the department.
B. The special permit form provided by the department consists of several plies, each with a specific purpose and use. The permittee must follow the instructions issued by the department concerning the use and distribution of each ply of the form.
C. One ply must accompany the manufactured home during the move and must be available for inspection by any employee of the department or any law enforcement officer. This ply must be displayed in the rear window of the manufactured home. If the home is not equipped with a rear window, it must be displayed in the rearmost window on the left side of the manufactured home. If the home is not equipped with a left side window, then it must be displayed on the outside rear of the home. In all cases, the special permit must be displayed in a manner that will insure that it remains in place during the move and is clearly visible to traffic following the load.
D. One ply shall be forwarded to the department immediately upon completion of the form. All other required documents, including the tax release issued by the county showing payment of all property taxes due on the unit, must be affixed to one of these prior to forwarding to the department.
E. One ply shall be forwarded by the permittee directly to the destination county of the manufactured home, if the destination is a county in New Mexico. If the destination is outside New Mexico, this copy must be retained in the permittee's records.
F. The permittee must retain one ply which shall be made available to department representatives for review, upon request by the department. It must be retained by the permittee for a period of not less than three years from the date of issue.
G. The information required on the form must be typed or hand-printed in ink in a legible manner.
[10/14/92, 9/15/98; 18.19.8.203 NMAC - Rn, 18 NMAC 19.8.14.4, 9/14/00]
18.19.8.204 SUSPENSION OF APPROVAL TO SELF ISSUE SPECIAL PERMITS:
A. The department may suspend the approval which has been granted for the self issuance of special permits if the permittee fails to:
(1) comply with all requirements for the self-issuance of special permits;
(2) maintain proper insurance coverage information on file with the department, or, in the case of for-hire carriers, with the New Mexico state corporation commission or public regulation commission;
(3) remit proper payment of special permit fees; or
(4) comply with the provisions of Subsection G of Section 66-7-413 NMSA 1978.
B. In the event of a suspension of the approval to self issue special permits, the department shall recall any and all unissued special permits. No credit, transfer or refund shall be allowed for any unissued special permit forms returned to the department by a suspended permittee.
[10/14/92, 9/15/98; 18.19.8.204 NMAC - Rn & A, 18 NMAC 19.8.14.5, 9/14/00]
18.19.8.205 CONTINUOUS MOVEMENT NOT AUTHORIZED WITH SELF-ISSUED SPECIAL PERMITS: A dealer or transporter of manufactured homes may not self-issue a special permit providing for continuous movement, as defined in 18.19.8.32 NMAC, but must conform to the requirements of 18.19.8.33 NMAC for the movement of any manufactured home.
[10/14/92, 9/15/98; 18.19.8.205 NMAC - Rn & A, 18 NMAC 19.8.14.6, 9/14/00]
18.19.8.206 REQUIRED EQUIPMENT WHEN MOVING OVERSIZED MANUFACTURED HOMES:
A. The towing unit involved in the movement of an oversized manufactured home must have a minimum wheelbase of 99 inches, a minimum of four tires on the drive axle(s) and a gross vehicle weight rating of:
(1) 6,000 pounds or more if the manufactured home width is ten feet (10') or less;
(2) 8,000 pounds or more if the manufactured home width is greater than ten feet (10') but not greater than twelve feet (12'); or
(3) 9,000 pounds or more if the manufactured home width is greater than twelve feet (12').
B. A yellow sign at least twelve inches (12") by five feet (5') reading "WIDE LOAD" or "OVERSIZE LOAD" with black letters at least ten inches (10") high and one inch (1") wide must be displayed on the front of the towing unit and on the rear of the manufactured home.
C. No movement of the manufactured home shall occur during inclement weather.
[10/14/92, 9/15/98; 18.19.8.206 NMAC - Rn, 18 NMAC 19.8.14.7, 9/14/00]
18.19.8.207 LIGHTS: In addition to normally required lights, the towing unit must be equipped with two roof mounted amber rotating, flashing or strobe warning lights. At least one amber warning light must be affixed to the rear of the manufactured home. The required warning lights must have an intensity sufficient to be seen at a distance of 1,000 feet in bright sunlight. The manufactured home must be equipped with brake, turn signal and tail lights which are connected to the lighting system of the towing unit to warn approaching motorists of any braking or turning of the unit.
[10/14/92, 9/15/98; 18.19.8.207 NMAC - Rn, 18 NMAC 19.8.14.8, 9/14/00]
18.19.8.208 FLAGS: A square or rectangular red or fluorescent orange flag, no less than twelve inches (12") on any side is required at each corner of the manufactured home and at each front corner of the towing vehicle.
[10/14/92, 9/15/98; 18.19.8.208 NMAC - Rn, 18 NMAC 19.8.14.9, 9/14/00]
18.19.8.209 through 18.19.8.219 [RESERVED]
18.19.8.220 FARM CARRIERS - CERTAIN RESTRICTIONS RELATED TO THE MOVEMENT OF HAY BALES: If a farm carrier wishes to transport bales of hay for distances greater than 50 miles, Section 66-7-413.1 NMSA 1978 does not apply. In such cases, because a special permit will not be issued for reducible loads, a farm carrier will not be issued a special permit to transport reducible loads of baled hay for distances greater than 50 miles.
[10/14/92, 9/15/98; 18.19.8.220 NMAC - Rn & A, 18 NMAC 19.8.16.1, 9/14/00]
18.19.8.221 FARM CARRIERS - SAFETY CONSIDERATIONS: The permission pursuant to Section 66-7-413.1 NMSA 1978 to transport oversize loads without a special permit does not relieve the farm carrier from complying with all vehicle and driver safety requirements imposed by New Mexico motor vehicle laws.
[10/14/92, 9/15/98; 18.19.8.221 NMAC - Rn & A, 18 NMAC 19.8.16.2, 9/14/00]
18.19.8.222 through 18.19.8.239 [RESERVED]
18.19.8.240 VEHICLES OVER 170,000 POUNDS - ENGINEERING INVESTIGATION REQUIREMENTS: The engineering investigation report shall contain the following information:
A. tire sizes;
B. axle loads;
C. axle spacings;
D. desired route to be traveled;
E. clearance documents if movement is overheight; and
F. any additional information as required by the state highway and transportation department.
[10/14/92, 9/15/98; 18.19.8.240 NMAC - Rn & A, 18 NMAC 19.8.17.1, 9/14/00]
18.19.8.241 VEHICLES OVER 170,000 POUNDS - STATE HIGHWAY AND TRANSPORTATION DEPARTMENT SHALL BE FINAL AUTHORITY RELATING TO SPECIAL PERMITS FOR OVERWEIGHT: The state highway and transportation department has final authority regarding whether an overweight special permit for weights exceeding 170,000 pounds shall be issued. In these cases, the department shall forward the request for approval to the state highway and transportation department before issuing a special permit for the movement.
[10/14/92, 9/15/98; 18.19.8.241 NMAC - Rn & A, 18 NMAC 19.8.17.2, 9/14/00]
HISTORY OF 18.19.8 NMAC:
Pre-NMAC History: Material in this Part was derived from that previously filed with the commission of public records - state records center and archives.
MTD 100, Definitions, 10-15-80
MTD 300, Oversize-Overweight Permits, 10-15-80
MTD 400, Escort Vehicles, 10-15-80
MTD 300, Oversize-Overweight Permits, Amendment No. 1, 9-2-81
MTD 300, Oversize-Overweight Permits, Amendment No. 2, 9-23-82
TRD Rule MVC 7-92, Regulations Pertaining to the Motor Vehicle Code, filed 10-14-92