Do Gasoline-Powered Trucks Need a New Mexico Fuel Permit?

Do Gasoline-Powered Trucks Need a New Mexico Fuel Permit?

Table Of Contents

• Introduction

• The Short Answer

• What New Mexico Means by Special Fuel

• Who Needs a New Mexico Fuel Permit

• Why Gasoline Trucks Fall Outside the Permit Rule

• How Gasoline Is Taxed in New Mexico

• What a Gasoline Truck Still Needs in New Mexico

• Mixed Fleets and Other States

• Common Mistakes to Avoid

• Why Many Trucking Companies Choose Our Service

• FAQ

Introduction

Most heavy trucks run on diesel, but plenty of commercial vehicles don't. Gasoline engines are common in medium-duty box trucks, utility trucks, and some work trucks that cross state lines for jobs and deliveries.

If one of those trucks is headed into New Mexico, you may be wondering whether you need a New Mexico Fuel Permit like a diesel truck would. New Mexico law answers this directly, and the answer comes down to one thing: the type of fuel your engine burns.

The Short Answer

New Mexico's temporary fuel permit rules apply to special fuel users, and New Mexico law does not count gasoline as special fuel. The New Mexico Motor Vehicle Division (MVD) states that "diesel is the only type of fuel considered as a special fuel to be reported on IFTA returns" in New Mexico.

So a truck that runs only on gasoline is generally not covered by the New Mexico Fuel Permit requirement. That does not mean the truck needs nothing at all, as you will see below.

What New Mexico Means by Special Fuel

New Mexico's fuel permit rules are in the Special Fuels Supplier Tax Act, NMSA 7-16A. Section 7-16A-2 defines special fuel as:

• Diesel-engine fuel

• Biodiesel and blended biodiesel

• Kerosene

when used to power a motor vehicle. The same definition specifically excludes:

• Gasoline

• Liquefied petroleum gas (propane)

• Compressed or liquefied natural gas

• Aviation fuels for turbo-prop or jet engines

Gasoline is listed by name as an exclusion. It is taxed under a different law.

Who Needs a New Mexico Fuel Permit

Under NMSA 7-16A-2, a special fuel user is a registrant, owner, or operator of a motor vehicle using special fuel and having a gross vehicle weight of more than 26,000 pounds.

Section 7-16A-19 then says a special fuel user whose vehicle is not registered with the department must get, before operating on New Mexico highways:

• A temporary special fuel user permit, valid for one calendar day or for one entry into and one exit out of New Mexico, or

• A border crossing special fuel user permit for certain Mexico-registered vehicles near the border.

The state fee for the temporary permit is $5.00 for each motor vehicle. Acting as a temporary special fuel user without a valid permit is a violation of the act.

Why Gasoline Trucks Fall Outside the Permit Rule

Put the two definitions together and the result is clear. The permit requirement applies to special fuel users. A special fuel user must be using special fuel. Gasoline is not special fuel.

That means a gasoline-powered truck does not become a special fuel user just because it is heavy. A 33,000-pound gasoline box truck and a 33,000-pound diesel box truck may look the same at the port of entry, but only the diesel truck falls under the special fuel rules.

How Gasoline Is Taxed in New Mexico

Gasoline is not tax-free in New Mexico. It is taxed under the Gasoline Tax Act, NMSA 7-13. Section 7-13-3 sets the tax at 17 cents per gallon of gasoline received in New Mexico. That tax is collected through the fuel supply chain, not through a temporary permit bought by the trucker.

For comparison, diesel and other special fuel are taxed at 21 cents per gallon under NMSA 7-16A-3. Diesel carriers settle that tax through IFTA or cover their trip with a temporary permit, which is why the permit exists for diesel trucks in the first place.

What a Gasoline Truck Still Needs in New Mexico

Skipping the fuel permit does not mean skipping every New Mexico requirement. A heavy gasoline truck may still need:

• Weight Distance Tax (WDT). MVD says New Mexico imposes the weight distance tax on intrastate and interstate commercial vehicles with a declared gross vehicle weight over 26,000 pounds. That rule is based on weight, not fuel type.

• Registration or a trip permit. A truck without proper registration for New Mexico may need a trip permit.

• Port of entry stops. MVD says commercial vehicles must travel on designated highways and stop at every operating port of entry for manifesting and clearance.

• Federal requirements. USDOT number, UCR, and IRS Form 2290 rules apply based on the operation and weight, not the fuel.

Mixed Fleets and Other States

Many carriers run both gasoline and diesel units. In New Mexico, the fuel permit question is answered truck by truck. The diesel units over 26,000 pounds need IFTA credentials or a New Mexico Fuel Permit. The gasoline units do not fall under the special fuel rules.

Keep in mind that other states may treat gasoline differently. A gasoline truck that does not need a fuel permit in New Mexico may still have fuel reporting or permit duties in another state on the same trip. Check each state on the route.

Common Mistakes to Avoid

• Assuming every heavy truck needs a fuel permit. In New Mexico, the special fuel rules depend on the fuel, not just the weight.

• Assuming a gasoline truck needs nothing. Weight distance tax, registration, and port of entry rules can still apply.

• Treating the whole fleet the same. Check each unit's fuel type before dispatch.

• Forgetting biodiesel. Biodiesel and blended biodiesel are special fuel, so trucks running on them are treated like diesel trucks.

• Ignoring other states. Fuel rules for gasoline vary outside New Mexico.

Why Many Trucking Companies Choose Our Service

New Mexico Trucking Online helps carriers sort out which trucks need a New Mexico Fuel Permit and which ones need other New Mexico credentials instead. We check fuel type, weight, and route so your trucks have the right paperwork at the port of entry.

Our service fee pricing:

• 1-2 Trucks: $97

• 3-4 Trucks: $197

• 5-6 Trucks: $297

• 7-8 Trucks: $397

• 9-10 Trucks: $497

• 11+ Trucks: Contact us directly

We provide support 24/7 and also work weekends and holidays.

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FAQ

• Does a gasoline-powered truck need a New Mexico Fuel Permit?

  Generally no. New Mexico's fuel permit rules apply to special fuel users, and gasoline is excluded from special fuel.

• What fuels count as special fuel in New Mexico?

  Diesel-engine fuel, biodiesel, blended biodiesel, and kerosene used to power a motor vehicle.

• How much is the New Mexico temporary special fuel user permit?

  The state fee is $5.00 per motor vehicle.

• Is gasoline taxed in New Mexico?

  Yes. The gasoline tax is 17 cents per gallon under NMSA 7-13-3.

• Does a heavy gasoline truck still owe weight distance tax?

  It can. The weight distance tax applies to commercial vehicles with a declared gross vehicle weight over 26,000 pounds, regardless of fuel type.

For more information, visit the New Mexico Motor Vehicle Division.