N.M. Code R. § 18.19.5.106

Current through Register Vol. 35, No. 11, June 11, 2024

Section 18.19.5.106 - COMMERCIAL DRIVER'S LICENSE - REDUCTION OF LIFETIME DISQUALIFICATION - GUIDELINES

A. A driver who has been disqualified for life under Subsection C of Section 66-5-68 NMSA 1978 may apply to the department to have the disqualification period reduced to a period of not less than ten years after meeting the following guidelines and submitting a letter requesting a review of the disqualification when that driver:

(1) Received a lifetime disqualification resulting from two convictions for driving under the influence of alcohol, or two convictions for driving under the influence of a controlled substance, or a combination of one conviction for driving under the influence of alcohol and one conviction for driving under the influence of a controlled substance. The driver may apply to the department for a review of a lifetime disqualification from driving a commercial motor vehicle when the driver has:

(a) Successfully completed a (licensed) alcohol rehabilitation program if the disqualification is a result of two convictions for driving under the influence of alcohol; or

(b) Successfully completed a (certified) drug rehabilitation program if the disqualification is a result of two convictions for driving under the influence of a controlled substance; or

(c) Successfully completed a (licensed) program in alcohol rehabilitation and a separate (certified) program in drug rehabilitation if the disqualification is a result of one conviction for driving under the influence of alcohol and one conviction for driving under the influence of a controlled substance.

(2) Provides information, satisfactory to the department, that the driver has not abused the use of alcohol or a controlled substance for a period of at least five consecutive years immediately prior to the application for review.

(3) Has held a valid class D license for at least five consecutive years immediately prior to the date of the application for review, and during that time the driver's record has no convictions for moving violations and no convictions for any offense relating to the use of alcohol or any controlled substance.

B. Lifetime disqualifications which were imposed because of convictions resulting from:

(1) Leaving the scene of an accident involving a commercial vehicle; or

(2) Using a commercial motor vehicle in the commission of a felony; or

(3) A combination of A and B above, may apply to the department for a review of a lifetime disqualification from driving a commercial motor vehicle when the driver has held a valid class D license for at least five consecutive years immediately prior to the date of the application for review and during that time the driver's record contains no convictions for moving violations.

C. A lifetime disqualification may be reduced to not less than 10 years when a driver meets the minimum qualifications set out in the guidelines and submits a letter of request to the director of the motor vehicle division along with any substantiating material. If the director satisfied with the information submitted, the director may reduce the lifetime disqualification to a period of time which, when added to the period of time that has elapsed since the date of the disqualification, will be not less than 10 years.

N.M. Code R. § 18.19.5.106

2/28/90, 8/20/93, 10/31/96; 18.19.5.106 NMAC - Rn & A, 18 NMAC 19.5.15.5, 9/14/00, Adopted by New Mexico Register, Volume XXXIV, Issue 05, March 14, 2023, eff. 3/14/2023