N.M. Admin. Code § 1.5.3.7

Current through Register Vol. 35, No. 17, September 10, 2024

Section 1.5.3.7 - DEFINITIONS

In addition to the definitions in Section 15-8-3 NMSA 1978, as used in this rule:

A.account manager means a TSD employee designated to prepare, manage and enforce short-term and long-term transportation services division/state central fleet authority TSD/SCFA vehicle leases; serve as liaison for designated state agency authorized drivers and TSD/SCFA maintenance personnel; prepare monthly billings and utilization reports, using data gathered from various systems including a global positioning system GPS;

B.agency approved authority means the cabinet secretary of a state department or the agency director who is responsible for the agency;

C.agency fleet coordinator means the individual assigned by an agency head or designee who is responsible for providing fleet management information and reports to TSD;

D.alert means a notice given when specific parameters/barriers that are defined by either the agency or TSD are compromised thereby informing the using agency, or TSD, of the occurrence;

E.alternative fuel means a fuel other than an unleaded gasoline such as E-85, a blend of ethanol and unleaded gasoline; bio-diesel; electricity; compressed natural gas; propane; hydrogen; or other fuels.;

F.authorized driver means:

(1) a state employee holding a valid New Mexico driver's license or an approved out-of-state driver's license and a TSD approved defensive driving certificate who is permitted to use a state vehicle in furtherance of official state business; a valid New Mexico driver's license or an approved out-of-state driver's license but does not include provisional, limited, restricted or administrative permits;

(2) for those candidates for full-time, term or temporary employment with the state of New Mexico that live out-of-state, the following process is required and;

(3) once gainfully employed by the state, the out-of-state employee must provide a copy of his driving record to TSD on a semi-annual basis to assure the drivers' license is in good standing;

G.authorized passenger means an individual who is permitted to occupy a state vehicle in furtherance of official state business or a person who has received prior authorization from the director or designee to occupy a state vehicle, or where the transport is a part of the daily operations of the department;

H.authorized use means travel in a state vehicle for official state business only as delegated by appropriate agency representative(s);

I. CAFE standards mean the national highway traffic safety administration corporate average fuel economy standards for passenger vehicles and light trucks;

J.commute means domicile-to-duty privilege authorized by the leasing agency's cabinet secretary or agency head to state authorized drivers where it is in the state's best interest to allow these employees to use a state vehicle to and from work and residence; (refer to 1.5.3.20 NMAC);

K.custody (of a state vehicle) means the director's or designee's right to exercise final decision-making authority with respect to the purchase, title and registration, use, administration, operation, maintenance, replacement, and disposal of a state vehicle in accordance with state law and regulations;

L.declared gross vehicle weight or DGVW means the maximum weight of a vehicle; the DGVW is used to differentiate between light, medium or heavy duty vehicle utilization;

M.department means the general services department;

N.director means the director of the transportation services division of the general services department;

O.DGF means the department of game and fish;

P.division means the transportation services division of the general services department;

Q.DHSEM means the department of homeland security and emergency management;

R.DOT means the department of transportation;

S.DPS means the department of public safety;

T.EMNRD means the energy minerals and natural resources department;

U.flex fuel vehicle means a vehicle that has the capacity of burning a regular unleaded gasoline and an alternative fuel;

V.Global Positioning System or GPS means a system that is installed on vehicles that is used to track specific data on the vehicle;

W.GSD means the general services department;

X.G-series license plate means a distinctive government license plate issued by the taxation and revenue department for vehicles of institutions of higher learning, public schools and all other subdivisions of government (cities, counties, villages, conservancy, wastewater, landfill districts, etc.), does not include any state level agency state vehicles of the executive, legislative or judicial branches that will display G-series license plates until replaced by SG license plates through attrition; Subsection NN of 1.5.3 NMAC.

Y.inclement weather means road conditions are unsafe for travel; inclement weather includes but is not limited to: icy or snow packed road conditions, dust storms, or flooding;

(1) TSD will follow state personnel rulings on inclement weather for state business closures and delays;

(2) TSD reserves the right to prohibit the use of state vehicles during inclement weather.

Z.NSC means the national safety council;

AA.National safety council/defensive driving class (NSC/DDC) instructor is someone who has completed the NSC/DDC through NSC and has a current DDC instructor certification;

BB.New Mexico driver's license means a valid driver's license issued by the motor vehicle division of the NM taxation and revenue department; this does not include provisional, limited, restricted, or any court-ordered restricted or administrative license or permit; while an "H" restriction may allow an individual to operate their privately owned vehicle (POV) to and from employment; TSD will not authorize an individual to operate a state vehicle with anything other than a valid drivers' license with no limitations or restrictions;

CC.new state employee means a person employed by a New Mexico state government agency for the first time or who is returning to state government after having had a break in service.

DD.protective license plate means a regular passenger license plate issued to a state vehicle that is in the custody of a state agency, can be traced to that state agency and is being used for sensitive activities;

EE.public agency means an agency other than a state agency as defined in Subsection JJ of 1.5.3 NMAC authorized to use SCFA vehicles; this does include institutions of higher learning and public schools;

FF.RMD means the risk management division of the general services department;

GG.SCFAmeans the state central fleet authority of the transportation services division of the general services department;

HH.secretary means the cabinet secretary of the New Mexico general services department;

II.sensitive activity means an activity performed by an employee of the state that;

(1) is authorized by the state to be performed for a legitimate and appropriate purpose for the state, other than a legitimate undercover law enforcement purpose; and

(2) would place the employee at a higher risk of personal injury if knowledge of the activity were made public, as determined in writing by an appropriate authority of the employee;

JJ.special-use vehicles means state vehicles designated as such by the director or designee, including but not limited to emergency and law enforcement vehicles, buses, tractors, boats, trailers, snow cats, vehicles of a special design or construction that effectively limits their use for a particular purpose, and all other vehicles that are not passenger vehicles;

KK.state agency means a state department, agency, board or commission, including the legislative and judicial branches, this definition includes any public agency authorizing an officer or employee use of a state vehicle;

LL.state employee means any person who has been elected to, appointed to, or hired for any state office and who receives compensation in the form of salary or is eligible for per diem and mileage reimbursement;

MM.state vehicle means an automobile, van, sport-utility truck, pickup truck or other vehicle with a declared gross vehicle weight of less than ten thousand (10,000) pounds used by a state agency to transport passengers or property;

NN.SG-series license plate means an SG license plate designed for the specific use of agencies of the executive, legislative and judicial branches of state government for vehicles marked as required by Section 15-8-6 NMSA 1978: this does not include institutions of higher learning, public schools or any other political subdivision of government;

OO.transportation services division or TSD means the transportation services division of the general services department;

PP.TSD approved NSD/DDC instructor means an NSC/DDC instructor with a current instructor certification who has been audited and approved by TSD to conduct training for employees who have had their driving privileges suspended;

QQ.TSD online NSC/DDC means an online course offered by TSD. This class is presented in two (2) distinct parts, part one (1) covers the administrative use of state vehicle policy, and part two (2) is the direct presentation from the national safety council; and

RR.undercover license plate means a regular passenger license plate issued to a state vehicle which is registered in a fictitious name and address that cannot be traced to the state agency having custody of the vehicle and that is being used for legitimate law enforcement purposes only.

N.M. Admin. Code § 1.5.3.7

1.5.3.7 NMAC - Rp, 1.5.3.7 NMAC, 1-15-13; A, 7-16-13

Adopted by New Mexico Register, Volume XXVI, Issue 14, July 30, 2015, eff. 7/30/2015