MOTOR VEHICLE SPECIAL PERMIT REVIEW BOARD

HB0317

HOUSE BILL 317

57th legislature - STATE OF NEW MEXICO - second session, 2026

INTRODUCED BY

Jenifer Jones
and
Luis M. Terrazas
and
Gabriel Ramos

AN ACT

RELATING TO MOTOR VEHICLES; ESTABLISHING THE SPECIAL PERMIT
REVIEW BOARD; CREATING A MISDEMEANOR FOR THE OPERATION OF AN
OVERWEIGHT VEHICLE IN VIOLATION OF TIME SPECIFIED IN A SPECIAL
PERMIT ISSUED BY THE DEPARTMENT OF TRANSPORTATION OR LOCAL
HIGHWAY AUTHORITIES; PROVIDING AN OPPORTUNITY FOR A HEARING;
PROVIDING CIVIL PENALTIES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

SECTION 1.
A new section of the Motor Vehicle Code is
enacted to read:

"[
NEW MATERIAL
] SPECIAL PERMIT REVIEW BOARD CREATED.--

A. The "special permit review board" is established
within the department of transportation, composed of:

(1) the secretary of public safety or the
secretary's designee;

(2) the secretary of transportation or the
secretary's designee; and

(3) the managing director of the New Mexico
trucking association or the managing director's designee.

B. The special permit review board shall meet as
necessary to review applications by vehicle operators who are
otherwise ineligible pursuant to Section 66-8-116.1 NMSA 1978
to receive special permits pursuant to the Motor Vehicle Code
for continued eligibility to receive such permits.

C. The department of transportation shall establish
the criteria and procedures for the review of applications for
continued eligibility to receive special permits pursuant to
this section by the special permit review board by rule."

SECTION 2.
A new section of the Motor Vehicle Code,
Section 66-7-413.9 NMSA 1978, is enacted to read:

"66-7-413.9. [
NEW MATERIAL
] PERMITS FOR EXCESSIVE SIZE
AND WEIGHT--VIOLATION OF TIME.--Except as a result of a
mechanical failure or other circumstance outside of an
operator's control, it is a misdemeanor to operate or move a
vehicle pursuant to a special permit issued by the department
of transportation or local highway authorities pursuant to
Sections 66-7-412 through 66-7-413.8 NMSA 1978 in violation of
a time specified in the permit for such operation or movement
on a specified highway."

SECTION 3.
Section 66-8-116.1 NMSA 1978 (being Laws 1989,
Chapter 319, Section 12, as amended) is amended to read:

"66-8-116.1. PENALTY ASSESSMENT MISDEMEANORS--OVERSIZE
LOAD.--

A.
As used in the Motor Vehicle Code and the Motor
Carrier Act, "penalty assessment misdemeanor" means, in
addition to the definition of that term in Section 66-8-116
NMSA 1978, violation of the following listed sections of the
NMSA 1978 for which,
except as provided in Subsection B of this
section
, the listed penalty is established:

COMMON NAME OF OFFENSE

SECTION VIOLATED

PENALTY

ASSESSMENT

Oversize load

1,000 to 3,000 pounds

66-7-411

$ 50.00

Oversize load

3,001 to 4,000 pounds

66-7-411

80.00

Oversize load

4,001 to 5,000 pounds

66-7-411

150.00

Oversize load

5,001 to 6,000 pounds

66-7-411

250.00

Oversize load

6,001 to 7,000 pounds

66-7-411

400.00

Oversize load

7,001 to 8,000 pounds

66-7-411

550.00

Oversize load

8,001 to 9,000 pounds

66-7-411

700.00

Oversize load

9,001 to 10,000 pounds

66-7-411

850.00

Oversize load

over 10,000 pounds

66-7-411

1,000.00

First violation of time

66-7-413.9

1,000.00

Second violation of time

66-7-413.9

2,000.00.

B. Upon a third violation of a special permit issued
by the department of transportation to operate or move a
vehicle or load pursuant to Sections 66-7-412 through
66-7-413.8 NMSA 1978, an operator shall not be eligible to
receive a subsequent special permit for the movement of an
oversized or overweight vehicle or load pursuant to the Motor
Vehicle Code; provided that the operator may apply to the
special permit review board in accordance with Section 1 of
this 2026 act for continued eligibility to receive such
permits.
"

SECTION 4.
EFFECTIVE DATE.--The effective date of the
provisions of this act is July 1, 2026.

- 4 -