A. A person shall not use a handheld mobile communication device for any purpose while driving a commercial motor vehicle except to summon medical or other emergency help or unless that device is an amateur radio and the driver holds a valid amateur radio operator license issued by the federal communications commission. This prohibition is a separate prohibition from the prohibition on texting while driving pursuant to Section 66-7-374 NMSA 1978. B. The provisions of this section shall not be construed as authorizing the seizure or forfeiture of a handheld mobile communication device. Unless otherwise provided by law, the handheld mobile communication device used in the violation of the provisions of this section is not subject to search by a law enforcement officer during a traffic stop made pursuant to the provisions of this section. C. As used in this section: (1) 'commercial motor vehicle' means a motor vehicle or combination of motor vehicles used in commerce to transport passengers or property if the motor vehicle: (a) has a gross combination weight rating of more than twenty-six thousand pounds inclusive of a towed unit with a gross vehicle weight rating of more than ten ngers or property if the motor vehicle: (a) has a gross combination weight rating of more than twenty-six thousand pounds inclusive of a towed unit with a gross vehicle weight rating of more than ten thousand pounds; (b) has a gross vehicle weight rating of more than twenty-six thousand pounds; (c) is designed to transport sixteen or more passengers, including the driver; or (d) is of any size and is used in the transportation of hazardous materials as provided in 49 CFR Part 383.5; (2) 'driving' means being in actual physical control of a commercial motor vehicle on a highway or street and includes being temporarily stopped because of traffic, a traffic light or stop sign or otherwise; but 'driving' excludes a commercial motor vehicle when the vehicle has pulled over to the side of or off of an active roadway and has stopped at a location in which it can safely remain stationary; (3) 'handheld mobile communication device' means a wireless communication device that is designed to receive and transmit text, voice or image messages; provided, however, that 'handheld mobile communication device' excludes global positioning or navigation systems; citizen band radios with a handheld ceive and transmit text, voice or image messages; provided, however, that 'handheld mobile communication device' excludes global positioning or navigation systems; citizen band radios with a handheld microphone operated by a single button or lever; devices that are physically or electronically integrated into a commercial motor vehicle; and voice-operated or hands-free devices that allow the user to compose, send or read a text message or talk without the use of a hand, except to activate, deactivate or initiate a feature or function; and (4) 'text message' means a digital communication transmitted or intended to be transmitted between communication devices and includes electronic mail, an instant message, a text or image communication and a command or request to an internet site; but 'text message' excludes communications through the use of a computer-aided dispatch service by law enforcement or rescue personnel. History: Laws 2016, ch. 63, § 1. ANNOTATIONSEffective dates. — Laws 2016, ch. 63 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 18, 2016, 90 days after the adjournment of the legislature.
New Mexico Legal Code