N.M. Admin. Code § 18.19.8.28

Current through Register Vol. 35, No. 24, December 23, 2024

Section 18.19.8.28 - CERTAIN VIOLATIONS RENDER SPECIAL PERMIT VOID

A. A special permit is null and void if any of the following violations occur:

(1) commencing a move under a special permit that contains incorrect information, unless amendments to the permit have been issued by the DOT correcting the information;

(2) the movement is made on a highway or street other than those specifically noted on the special permit, unless necessary to detour around construction zones or to avoid obstructions;

(3) movement is made on a highway or street that is closed;

(4) use of a bridge or structure not authorized by the special permit;

(5) size or weight limitations specified in the special permit are exceeded;

(6) improper identification or substitution of a vehicle, combination or load;

(7) the special permit, route survey, bridge map, list of structures or other required document is not in possession of or carried electronically by the driver during the move;

(8) the permittee is not the owner or lessee of the permitted vehicle;

(9) speeds specified in the special permit are not observed;

(10) special provisions contained in the special permit to protect highways and structures are not observed;

(11) the application for the special permit or the special permit contains misrepresentations;

(12) the special permit has been altered, is fraudulent or is used for a fraudulent or unauthorized purpose;

(13) absence or cessation of a required escort vehicle during the movement;

(14) insurance coverage is canceled, expired, insufficient or otherwise does not meet the requirements of law or this rule; or

(15) failure to comply with any condition or restriction specified in the special permit.

B. 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 DOT may cancel any or all special permits issued to the permittee for current or future movements and may suspend the permittee's right to apply for special permits in the future.

C. The effect of a void special permit is the same as if no special permit had been issued, and the violator, in addition to any other violations, may be subject to prosecution pursuant to the provisions of Sections 66-7-413, 66-7-413.2 and Section 66-7-416 NMSA 1978. No refund shall be made or credit given for fees paid for a special permit that is rendered void. A special permit issued after a violation does not nullify the violation.

N.M. Admin. Code § 18.19.8.28

10/14/92, 9/15/98; 18.19.8.28 NMAC - Rn & A, 18 NMAC 19.8.10.19, 9/14/00, Adopted by New Mexico Register, Volume XXVII, Issue 03, February 12, 2016, eff. 2/12/2016, Amended by New Mexico Register, Volume XXXIII, Issue 10, May 24, 2022, eff. 6/1/2022