New Mexico Code § 66-7-506

Bureau; functions; powers; duties
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The bureau shall have the following powers and duties:
A. organize, plan and conduct a statewide program of activities designed to prevent accidents and to reduce the incidence of DWI in New Mexico;
B. coordinate activities and programs of the departments, divisions and agencies of this state now engaged in promoting traffic safety;
C. provide accident prevention information and publicity to all appropriate media of information and develop other means of public information;
D. cooperate with all public and private agencies and organizations interested in the promotion of traffic safety and accident prevention;
E. serve as a clearinghouse for all traffic safety materials and information used throughout this state;
F. cooperate in promoting research, special studies and analysis of problems concerning the safety and welfare of the citizens of New Mexico;
G. cooperate fully with national safety organizations in bringing about greater effectiveness in nationwide accident prevention activities and programs;
H. make studies and suitable recommendations, through the chief and the secretary of transportation, to the legislature concerning safety regulations and laws;
I. prepare and submit each year a written report to the governor concerning the activities of the bureau and activities concerning assistance to local organizations and officials;
J. institute and administer a statewide motorcycle training program funded as provided for in Section 66-10-10 NMSA 1978;
K. institute and administer an accident prevention course for elderly drivers as provided for in Section 59A-32-14 NMSA 1978;
L. cooperate with the public education department to develop a regulatory framework for instructional and administrative processes, including licensure requirements for instructors, and a curriculum for instruction in defensive driving with a DWI education and prevention component to be offered statewide in secondary schools as an elective;
M. institute and administer a DWI prevention and education program for elementary and secondary school students, funded as provided for in Section 66-5-35 NMSA 1978;
N. include at least two hours of DWI prevention and education training in all driver education courses approved by the bureau; and
O. include a DWI recidivism prevention component in all driver rehabilitation programs for alcohol or drugs approved by the bureau.
History: 1953 Comp., § 64-7-506, enacted by Laws 1978, ch. 35, § 493; 1987, ch. 268, § 31; 1989, ch. 164, § 2; 1993, ch. 68, § 44; 2007, ch. 201, § 1.
The 2007 amendment, effective June 15, 2007, added Subsection O.
The 1993 amendment, effective July 1, 1993, inserted present Subsection L and redesignated former Subsections L and M as present Subsections M and N.
The 1989 amendment, effective June 16, 1989, substituted "secretary of highway and transportation" for "secretary of the state highway and transportation department" in Subsection H and added Subsections J to L.
The 1987 amendment, effective July 1, 1987, in Subsection H inserted "state highway and" preceding "transportation" and made minor changes in language and punctuation throughout the section.
Traffic safety bureau's duty to approve motor vehicle accident prevention courses. — Subsection K of this section requires the traffic safety bureau to implement and administer an accident prevention course for drivers age fifty-five and older. The Driver's School Licensing Act (DSL Act), 66-10-1 to 66-10-12 NMSA 1978, exempts nonprofit corporations that provide motor vehicle accident prevention courses approved by the traffic safety bureau and are engaged in providing courses exclusively for drivers who are fifty years of age or older from the DSL Act's requirements; this exemption does not suggest that the traffic safety bureau may only approve accident prevention courses for older drivers when they are provided by nonprofit corporations. The DSL Act requires the traffic safety bureau to license any "person, firm, association or corporation" including for-profit entities, it deems qualified to operate a driver education school or engage in the business of giving instruction for hire in the driving of motor vehicles. Exemption from Driving School Licensing Act (12/12/17), Att'y Gen. Adv. Ltr. 2017-07.

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