Chapter 1:
Definitions

Revised March 4, 2008


ADA
the Americans with Disabilities Act; provides civil rights protections to individuals with disabilities; guarantees equal opportunity to individuals with disabilities in public accommodations, employment, transportation, state and local government services and telecommunications

Alien registration receipt card (I-151) and permanent resident card (I-551)
the Immigration and Naturalization Service (INS) document which represents an alienís right to live and work in the United States, also known as a "Green Card"; the old form I-151 has been replaced by form I-551, which includes the holder's picture, fingerprint and signature and is intended to positively identify the holder as a legal permanent resident

Arrival-Departure Record (Form I-94)
a U.S. Citizenship and Immigration Services (USCIS) form that shows the date an individual arrived in the U.S. and the date when the individual's authorized period of stay expires

Canceled (CDL)
the commercial driverís license has been revoked and the driver is not eligible to apply for a commercial driverís license until the period of time for which the driver was disqualified has elapsed

Cancellation
when a driverís license is annulled and terminated because of some error or defect or because the licensee is no longer entitled to the license; application for a new license may be made at any time after cancellation

CDL
commercial driverís license; a license which authorizes the holder to operate a commercial motor vehicle

CDLIS
commercial driverís license information system; the information system created pursuant to the federal Commercial Motor Vehicle Safety Act of 1986 that contains information pertaining to operators of commercial motor vehicles

Class A license (CDL)
authorizes the licensee to operate any combination of vehicles with a gross combined vehicle weight rating of 26,001 or more pounds provided the gross vehicle weight rating of the vehicle being towed is in excess of 10,000 pounds, and all lesser classes (B, C and D) of vehicles except motorcycles

Class B license (CDL)
authorizes the licensee to operate any single vehicle with a gross vehicle weight rating of 26,001 or more pounds, or any such vehicle towing a vehicle not in excess of 10,000 pounds gross vehicle weight rating, and all lesser classes (C and D) of vehicles except motorcycles

Class C license (CDL)
authorizes the licensee to operate any single vehicle less than 26,001 pounds gross vehicle weight rating, or any such vehicle towing a vehicle not in excess of 10,000 pounds gross vehicle weight rating, and all lesser classes (D) of vehicles except motorcycles; applies only to vehicles placarded for hazardous materials or designed to transport 16 or more passengers, including the driver

Class D license (non-commercial)
authorizes the licensee to operate any vehicle included in class C, any single vehicle less than 26,001 pounds gross vehicle weight, and such vehicles towing vehicles provided that:

  1. the towing vehicle is of equal or greater weight than the vehicle being towed; or
  2. if the towing vehicle is of lesser weight than the towed vehicle, the weight in the towed vehicle does not exceed the manufacturerís rated capacity and: (a) the towing vehicle has either a class 4 or higher equalizing hitch or a fifth wheel; (b) the vehicle being towed is a trailer; or (c) the vehicle combination properly displays slow-moving insignia and moves at speeds of 25 mph or less

Class E license (CDL-exempt)
issued only to individuals who are exempt from the requirements of the New Mexico Commercial Driverís License Act; authorizes licensee to operate any vehicle or combination of vehicles described in 18.19.5.112 NMAC (including recreational vehicles, certain farm and ranch vehicles, firefighting vehicles, and military vehicles owned or operated by the department of defense and operated by non-civilian operators.) and any class D vehicle Combination any connected assemblage of a motor vehicle and one or more semitrailers, trailers or semitrailers converted to trailers by means of a converter gear

Class M license (motorcycle)
authorizes the licensee to operate a motorcycle; issued to drivers who drive only a motorcycle vehicle; must have an endorsement of ďZĒ, ďYĒ or ďWĒ to be valid

Commercial driverís license (CDL)
a license (class A, B, or C) which authorizes the holder to operate a commercial motor vehicle

Commercial motor vehicle
a self-propelled or towed vehicle, other than special mobile equipment, used on public highways in commerce to transport passengers or property when the vehicle:

  1. is operated interstate and has a gross vehicle weight rating or gross combination weight rating, or gross vehicle weight or gross combination weight, of 4,536 kilograms, or 10,001 pounds or more; or is operated only in intrastate commerce and has a gross vehicle weight rating or gross combination weight rating, or gross vehicle weight or gross combination weight, of 26,001 or more pounds;
  2. is designed or used to transport more than eight passengers, including the driver, and is used to transport passengers for compensation;
  3. is designed or used to transport more than 15 passengers, including the driver, and is not used to transport passengers for compensation; or
  4. is used to transport hazardous materials of the type or quantity requiring placarding under rules prescribed by applicable federal or state law

[Note: This is the basic Motor Vehicle Code definition at Sec 66-1-4.3J. There are different definitions of commercial motor vehicle specific to CDL at 66-5-54C and 18.19.5.7 NMAC, and for DWI at 66-8-102T(2).]

Commercial motor vehicle (CDL)
a motor vehicle or combination of motor vehicles used in commerce to transport passengers or property if the motor vehicle:

  1. has a gross combination weight rating of more than 26,000 pounds inclusive of a towed unit with a gross vehicle weight rating of more than 10,000 pounds;
  2. has a gross vehicle weight rating of more than 26,000 pounds;
  3. is designed to transport 16 or more passengers, including the driver; or
  4. is of any size and is used in the transportation of hazardous materials, which requires the motor vehicle to be placarded under applicable law.

Denied
having an instructorís permit, driverís license or provisional license denied for driving while under the influence of intoxicating liquor or drugs

Disqualification (CDL)
a prohibition against driving a commercial motor vehicle

Disqualified (CDL)
a driver who has had the qualification to drive a commercial motor vehicle removed and whose New Mexico commercial driverís license is canceled

DOT medical card or physical examiners certificate (CDL)
the medical examinerís certificate required by Sec. 391 of the Federal Motor Carrier Safety Regulations

Driver
every person who drives or is in actual physical control of a motor vehicle, including a motorcycle, upon a highway, who is exercising control over or steering a vehicle being towed by a motor vehicle or who operates or is in actual physical control of an off-highway motor vehicle

Driverís license
a license or a class of license that authorizes an individual to drive a motor vehicle

Driver License Compact (DLC)
together with the Nonresident Violator Compact (NRVC), an agreement between the states to promote highway safety by sharing and transmitting driver and conviction information; both currently being revised and combined into a new Driver License Agreement (DLA)

DWI
driving while under the influence of intoxicating liquor or drugs

EDL
Enhanced Drivers License; the EDL includes a digital image that is stored as part of the driving record, a digital signature that is also captured and stored, and a magnetic stripe that encodes the printed information on the license

Emancipated minor
any person sixteen years of age or older who has entered into a valid marriage; is on active duty with any of the U.S. armed forces; or has received a declaration of emancipation from the childrenís court of the district in which he resides

Financial Responsibility
the ability to respond in damages for liability resulting from traffic accidents arising out of the ownership, maintenance or use of a motor vehicle in amounts not less than specified in the Mandatory Financial Responsibility Act or having in effect a motor vehicle insurance policy; includes a motor vehicle insurance policy, a surety bond or evidence of a sufficient cash deposit with the state treasurer

GCWR
gross combination weight rating; the value specified by the manufacturer as the loaded weight of a combination vehicle; or, if no value is specified by the manufacturer, the sum of the gross vehicle weight rating of the power unit and the total weight of the towed unit or units and any load thereon

GDL
graduated driver licensing; the licensing program described in Secs. 66-5-5 and 66-5-8, beginning with an instruction permit as early as age 15, a provisional license at 15 years and six months of age, and full licensure at age 16 and six months

Graduated Driver licensing (GDL)
the licensing program described in Secs. 66-5-5 and 66-5-8, beginning with an instruction permit as early as age 15, a provisional license at 15 years and six months of age, and full licensure at age 16 and six months

Grandfathering (CDL)
the practice of waiving a required skills test on a commercial license because the applicant has been legally driving the same class for the past 24 months

Gross combination weight rating (GCWR)
the value specified by the manufacturer as the loaded weight of a combination vehicle; or, if no value is specified by the manufacturer, the sum of the gross vehicle weight rating of the power unit and the total weight of the towed unit or units and any load thereon

Gross vehicle weight rating (GVWR)
the value specified by the manufacturer as the loaded weight of a single vehicle

GVWR
gross vehicle weight rating; the value specified by the manufacturer as the loaded weight of a single vehicle

Hazardous material
a substance or material in a quantity and form that may pose an unreasonable risk to health, safety or property when transported in commerce

Hazardous material or ďhaz matĒ (H or X) endorsement (CDL)
an endorsement on a commercial driverís license that authorizes the licensee to drive a vehicle transporting hazardous material; requires background check

Highway
every way or place generally open to the use of the public as a matter of right for the purpose of vehicular travel, even though it may be temporarily closed or restricted for the purpose of construction, maintenance, repair or reconstruction

Identification card
a photo i.d. available to any New Mexico resident who does not have a valid New Mexico driverís license or who is over age 65 and is surrendering a valid New Mexico driverís license

Ignition interlock device
a device, approved by the traffic safety bureau, that prevents the operation of a motor vehicle by an intoxicated or impaired person

Ignition interlock license
a driverís license that allows a person to operate a motor vehicle with an ignition interlock device after that personís instructorís permit, driverís license or provisional license has been revoked or denied

Individual Tax Identification Number (ITIN)
a nine-digit tax processing number issued, regardless of immigration status, by the Internal Revenue Service to individuals who are required to have a U.S. taxpayer identification number but who do not have, and are not eligible to obtain a Social Security number

INS
U.S. Immigration and Naturalization Service

Instruction permit
allows an individual who is 15 years of age or older, and who is enrolled in and attending or has completed a driver education course that includes a DWI prevention and education program, to drive a motor vehicle upon the public highways for a period of six months when accompanied by a licensed driver 21 years of age or older who has been licensed for at least three years in this state or in another state and who is occupying a seat beside the driver except in the event the permittee is operating a motorcycle

Interstate
between two or more states (driving from one state to another)

Intrastate
within the state of New Mexico

License
any license, temporary instruction permit or temporary license issued or recognized under the laws of New Mexico pertaining to the licensing of persons to operate motor vehicles

MatrŪcula Consular
an identification card issued by Mexican Consulate offices to Mexican citizens who can prove their nationality and identity; created in 1870 to help Mexican consulates keep in contact with Mexican nationals living in the United States

Medical card (also DOT medical card or physical examiners certificate) (CDL)
the medical examinerís certificate required by Sec. 391 of the Federal Motor Carrier Safety Regulations

Medical Report
MVD form 10124 (rev. 09/01); to be completed by a physician for review by the Health Standards Advisory Board to determine whether an applicant with a medical condition can be issued a driverís license

Medical waiver (CDL)
may be granted for one or more of a number of specific diseases or conditions to allow an applicant who does not meet the medical requirements for a license issued under the New Mexico Commercial Driverís License Act to receive a restricted Class A, B or C license to operate a commercial motor vehicle, but only within New Mexico

Minor
anyone under 18 years of age

Moped
a two-wheeled or three-wheeled vehicle with an automatic transmission and a motor having a piston displacement of less than 50 cubic centimeters, that is capable of propelling the vehicle at a maximum speed of not more than 30 miles an hour on level ground, at sea level

Motor vehicle
every vehicle that is self-propelled and every vehicle that is propelled by electric power obtained from batteries or from overhead trolley wires, but not operated upon rails

Motorcycle
every motor vehicle having a seat or saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground, excluding a tractor

Motorcycle endorsement
authorizes the holder of any license to operate a motorcycle; W, Y or Z endorsement specifies the size (piston displacement) of motorcycle that the licensee is authorized to operate

NMAC
New Mexico Administrative Code; the official compilation of current rules (regulations) filed by state agencies; rules are a special category of law written by state agencies to support, clarify, or implement specific laws (statutes) enacted by the legislature

NMSA or NMSA 1978
New Mexico Statutes Annotated, 1978 compilation (the last time the state's statutes were reorganized); often included in statutory citations [for example: "articles 1-8 of Chapter 66 NMSA 1978 may be cited as the Motor Vehicle Code"; and "Sec. 66-5-2 NMSA 1978 requires that an individual be licensed in order to drive a motor vehicle in New Mexico"]; this manual generally omits the "NMSA" or "NMSA 1978", instead referring to statutes by section number alone (e.g. 66-5-2).

Nonresident Violator Compact (NRVC)
together with the Driver License Compact (DLC), an agreement between the states to promote highway safety by sharing and transmitting driver and conviction information; both currently being revised and combined into a new Driver License Agreement (DLA)

Notice of action (Form I-797)
a U.S. Citizenship and Immigration Services (USCIS) form sent in response to an immigration application or petition

Off-highway motor vehicle (OHV)
any motor vehicle operated or used exclusively off the highways of this state and that is not legally equipped for operation on the highways of this state

Order of restoration
an order by the district court, upon good cause being shown, at least five years from the date of a fourth DWI conviction and provided that the person has no subsequent DWI conviction, for restoration of the driverís license; if the person is otherwise qualified for the license applied for, the four previous convictions shall not prohibit issuance of the license

Passenger (P) endorsement (CDL)
authorizes a CDL licensee to operate a vehicle designed to transport 16 or more passengers, including the driver

Passport
a document issued by a country to a citizen allowing that person to travel abroad and re-enter the home country

PDPS (Problem Driver Pointer System)
used to search the National Driver Register (NDR), a repository of information on problem drivers provided by all 51 U.S. jurisdictions; intended to assist jurisdictions in ensuring that each driver, nationwide, have only one driver license and one record

Permanent resident card (I-551)
the Immigration and Naturalization Service (INS) document which represents an alienís right to live and work in the United States, also known as a "Green Card"; replaces old form I-151 and includes the holderís picture, fingerprint and signature; is intended to positively identify the holder as a legal permanent resident

Permit (instruction permit)
allows an individual who is 15 years of age or older, and who is enrolled in and attending or has completed a driver education course that includes a DWI prevention and education program, to drive a motor vehicle upon the public highways for a period of six months when accompanied by a licensed driver 21 years of age or older who has been licensed for at least three years and who is occupying a seat beside the driver except in the event the permittee is operating a motorcycle

Problem Driver Pointer System (PDPS)
used to search the National Driver Register (NDR), a repository of information on problem drivers provided by all 51 U.S. jurisdictions; intended to assist jurisdictions in ensuring that each driver, nationwide, have only one driver license and one record

Provisional license
allows an individual who is 15 years and six months of age or older, who has: completed a driver education course that includes a DWI prevention and education program; had an instruction permit for at least six months; and has successfully completed a practice driving component to operate a motor vehicle, accompanied by not more than one passenger under the age of 21 who is not a member of the licenseeís immediate family, between the hours of 5:00 a.m. and midnight, or at any hour under certain specified circumstances

Recreational vehicle
a vehicle with a camping body that has its own motive power, is affixed to or is drawn by another vehicle and includes motor homes, travel trailers and truck campers

Reinstatement
reinstatement of a driverís license that has been suspended or revoked

Release from liability
a verified written request by any person who has signed the application of a minor for an instruction permit, driverís license or provisional license that the minorís permit or license be canceled and that the person be relieved from liability for any subsequent negligence or willful misconduct of the minor in operating a motor vehicle

Resident alien card or permanent resident card (I-551)
the Immigration and Naturalization Service (INS) document which represents an alienís right to live and work in the United States, also known as a "Green Card"; replaces old form I-151 and includes the holderís picture, fingerprint and signature; is intended to positively identify the holder as a legal permanent resident

Resident (CDL)
a person who intends to reside in New Mexico, evidenced by registration to vote or other action acceptable to the motor vehicle division

Revoked
having an instructorís permit, driverís license or provisional license revoked for driving while under the influence of intoxicating liquor or drugs

School bus
a commercial motor vehicle used to transport preprimary, primary or secondary school students from home to school, from school to home or to and from school-sponsored events, but not including a vehicle operated by a common carrier or a government-owned transit authority that is not used exclusively for the transportation of pupils

School bus (S) endorsement (CDL)
authorizes a CDL licensee to operate a school bus

Serious traffic violation (CDL)
conviction of any of the following (but not including vehicle weight or defect and parking violations) if committed when operating a motor vehicle:

  • speed of 15 miles or more per hour above posted limits;
  • reckless driving;
  • homicide by vehicle;
  • injury to a pregnant woman by vehicle;
  • any other violation relating to motor vehicle traffic control that the secretary determines by regulation to be a serious traffic violation;
  • improper or erratic lane changes;
  • following another vehicle too closely;
  • directly or indirectly causing death or great bodily injury to a human being in the unlawful operation of a motor vehicle;
  • driving a commercial motor vehicle without possession of a commercial driver's license;
  • driving a commercial motor vehicle without the proper class of commercial driver's license and endorsements for the specific vehicle group operated or for the passengers or type of cargo transported; or
  • driving a commercial motor vehicle without obtaining a commercial driver's license

Skills test (CDL)
the knowledge and skills test that is one of the prerequisites for issuance of a New Mexico commercial driverís license

SSOLV
Social Security Online Verification System; the system that allows us to verify an individual's Social Security number when we are issuing or renewing a drivers license or ID card or processing a name change.

Suspension
temporarily withdrawal of a person's driverís license and privilege to drive a motor vehicle on the public highways

Temporary resident card (I-688)
issued by the Immigration and Naturalization Service (INS) to aliens granted temporary resident status under the Legalization or Special Agricultural Worker program

Traffic safety bureau
the Traffic Safety Bureau of the New Mexico Department of Transportation

Traffic violation
a violation of one or more of the following offenses:

  • failure to obey traffic-control devices,
  • failure to obey traffic-control signals,
  • speeding,
  • homicide by vehicle,
  • injury to pregnant woman by vehicle,
  • driving while under the influence of intoxicating liquor or drugs,
  • refusal to submit to chemical tests,
  • reckless driving,
  • careless driving,
  • racing on highways, or
  • failure to yield

Trailer
any vehicle without motive power, designed for carrying persons or property and for being drawn by a motor vehicle, and so constructed that no significant part of its weight rests upon the towing vehicle

Vehicle Certification Form (CDL)
MVD form 10414 (rev. 12/02) used to verify that drivers who are engaged in farming and ranching, emergency vehicle operators, military and RV drivers whose vehicles meet the Class E (exempt) specifications

W endorsement
authorizes licensee to operate any two- or three-wheeled motorcycle with an engine of 100 or more cubic centimeters piston displacement

Y endorsement
authorizes licensee to operate two- or three-wheeled motorcycle with an engine of at least 50 but less than 100 cubic centimeters piston displacement

Z endorsement
authorizes licensee to operate two- or three-wheeled motorcycle with an engine of less than 50 cubic centimeters piston displacement