Inspection, Repair And Maintenance

The department of public safety hereby adopts Part 396 of Title 49 of the Code of Federal Regulations (49 CFR 396 - Inspection, Repair, and Maintenance) and Appendix G (Minimum Periodic Inspection Standards) of Subchapter B of Chapter III of Title 49 of the Code of Federal Regulations. All provisions set forth in these parts as adopted are applicable to interstate and intrastate motor carriers, commercial motor vehicles and employees, with the following amendments: A. Part 396.9(a) Personnel authorized to perform inspections is amended to add: "If the persons have successfully completed approved training, have met minimum performance standards and have been certified and approved by the director of the division, all personnel of the motor transportation division, police officers and any other state inspectors are authorized to enter upon and perform inspections of motor carriers' vehicles in operation." B. Part 396.9(b) Prescribed inspection report is amended to add: "The driver-vehicle inspection form, MTD-10987 and MTD-10988 or computer-generated facsimile, shall be used to record results of motor vehicle inspections conducted by personnel of the motor transportation division of the department of public safety, police officers or other state inspectors authorized to perform inspections by the director of the motor transportation division." [2-3-93; 11-17-93; 2-14-95; 11-17-95; 4-30-97; 18.2.3.15 NMAC - Rp 18 NMAC 2.3.15, 6-29-00; A, 07-16-07; A, 11-14-08] 18.2.3.16 TRANSPORTATION OF HAZARDOUS MATERIALS - DRIVING AND PARKING RULES: The department of public safety hereby adopts Part 397 of Title 49 of the Code of Federal Regulations (49 CFR 397 - Transportation of Hazardous Materials; Driving and Parking Rules). All provisions set forth in CFR 49 Part 397 as adopted are applicable to interstate and intrastate motor carriers, commercial motor vehicles and employees, with no amendments. [2-3-93; 11-17-93; 4-30-97; 18.2.3.16 NMAC - Rp 18 NMAC 2.3.16, 6-29-00; A, 07-16-07; A, 11-14-08] 18.2.3.17 ADOPTION OF FEDERAL HAZARDOUS MATERIALS TRANSPORTATION REGULATIONS: The department of public safety hereby adopts Parts 107, 171, 172, 173, 177, 178 and 180 of Title 49 of the Code of Federal Regulations (49 CFR 107 - Hazardous Materials Program Procedures, 49 CFR 171 - General Information, Regulations and Definitions, 49 CFR 172 - Hazardous Materials Table, Special Provisions, Hazardous Materials Communications Requirements and Emergency Response Information Requirements, 49 CFR 173 - Shippers - General Requirements for Shipments and Packaging, 49 CFR 177 - Carriage by Public Highway, 49 CFR 178 - Specifications for Packagings and 49 CFR 180 - Continuing Qualification and Maintenance of Packagings). All provisions set forth in these parts as adopted are applicable to interstate and intrastate motor carriers, commercial motor vehicles and employees, with no amendments.