The department shall: A. enforce in the field the provisions of the Motor Transportation Act and the Motor Carrier Act [Chapter 65, Article 2A NMSA 1978] and the rules promulgated by the department of transportation pursuant to the Motor Carrier Act; and B. maintain sufficient personnel in the field to enforce the provisions of the Motor Transportation Act and the Motor Carrier Act and the rules promulgated by the department of transportation pursuant to the Motor Carrier Act. History: 1953 Comp., § 64-34-8, enacted by Laws 1967, ch. 97, § 8; 1977, ch. 250, § 104; 1989, ch. 319, § 1; 1992, ch. 106, § 2; 1998 (1st S.S.), ch. 10, § 5; 2003, ch. 359, § 41; 2011, ch. 101, § 1; 2023, ch. 100, § 28. The 2023 amendment, effective July 1, 2024, removed references to the public regulation commission due to the transfer of certain powers and duties to the department of transportation; and changed each occurrence of "public regulation commission" to "department of transportation" throughout the section. Temporary provisions. — Laws 2023, ch. 100, § 80, effective July 1, 2024, provided: A. On July 1, 2024, all staff positions, functions, personnel, appropriations, money, records, equipment, supplies, other property and contractual obligations of the public regulation commission related to motor carrier regulation and enforcement, railroad safety enforcement and ambulance standards are transferred to the department of transportation. B. Beginning July 1, 2024, all references in law, rules, orders and other official acts to the public regulation commission or the transportation division of the public regulation commission related to motor carrier regulation and enforcement, railroad safety enforcement and ambulance standards shall be deemed references to the department of transportation. C. Beginning July 1, 2024, all contractual obligations of the public regulation commission related to motor carrier regulation and enforcement, railroad safety enforcement and ambulance standards are binding on the department of transportation. D. The rules, orders and decisions of the public regulation commission related to motor carrier regulation and enforcement, railroad safety enforcement and ambulance standards shall remain in effect until repealed or amended. The 2011 amendment, effective June 17, 2011, provided for the field enforcement of the Motor Transportation Act. The 2003 amendment, effective July 1, 2003, in the introductory language, substituted "shall" for "has authority to"; and in Subsections A and B, deleted "the state corporation commission or" following "promulgated by". The 1998 amendment, effective July 1, 1998, inserted "or the public regulation commission" in Subsections A and B. The 1992 amendment, effective July 1, 1992, substituted the present section catchline for "Field enforcement of motor carrier regulations" and made minor stylistic changes throughout the section. The 1989 amendment, effective July 1, 1989, in the introductory language, deleted "motor transportation" preceding "division"; and in Subsections A and B, substituted "the Motor Carrier Act" for "Sections 64-27-1 through 64-27-81 NMSA 1953" and "pursuant to that act" for "thereunder" and inserted "state" preceding "corporation commission". No authority to enforce Criminal Code. — Department inspectors may not make arrests under and otherwise enforce the Criminal Code. These inspectors have no statutory authority to make arrests for any offenses not specified in the Motor Carrier Act and other laws regulating commercial vehicles or enforcing state taxes or fees. 1992 Op. Att'y Gen. No. 92-02. Am. Jur. 2d, A.L.R. and C.J.S. references. — 64 Am. Jur. 2d Public Utilities § 232. 60 C.J.S. Motor Vehicles § 45.
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