Hours of Service (HOS) Rules Enforcement in NM

1. Legal Basis in New Mexico

• New Mexico’s Motor Carrier Safety Act, specifically NMSA § 65‑3‑11, gives the state the power to adopt HOS regulations for drivers. The law requires that these state rules be “not inconsistent with nor more stringent than applicable federal safety standards.”  

• Under the same provision, drivers may be placed out of service if they drive too many hours or otherwise violate applicable federal safety standards. 

2. Adoption of Federal HOS Rules

• New Mexico has adopted 49 CFR Part 395 (the federal Hours of Service rules) through its administrative code. That means:

  • Maximum driving hours (e.g. 11 hours after 10 consecutive off‑duty hours for property‑carrying drivers) apply.

  • Limits on total “on-duty” time, rest breaks, etc. as per federal standards.  

• Because state law says the NM rules must be not more stringent than the federal ones, NM typically defers to the federal HOS requirements unless specific circumstances allow state‑level slight variations.  

3. Inspections & Investigations

• N.M. Admin. Code § 18.3.1.13 covers Inspections and Investigations. Under this rule:

  • The state can inspect a motor carrier’s operations at any time, even without prior notice, regardless of whether the carrier has an operating authority, to verify compliance with applicable laws and rules.  

  • If an inspection reveals violations (or through complaints, accidents, etc.), a full or partial investigation may be initiated.  

  • Following inspections, the NM Department must provide a written report within 30 days with required corrective measures and timelines. If the carrier fails to remedy violations, penalties may follow.  

4. Enforcement Actions & Penalties

• When violations are found, NM authorities can issue red tag or cease and desist orders if immediate public safety risk is present. Carriers may have operations suspended until violations are addressed.  

• Drivers found to exceed allowed hours or falsify logs may be placed out of service, meaning they can’t legally drive until the issue is resolved. This is consistent with both state law and federal HOS rules.  

5. Which Agencies Enforce HOS

• New Mexico Department of Transportation (NMDOT): Through its Transportation Regulation Bureau (TRB) — specifically the Inspections & Investigations Unit — to enforce the Motor Carrier Act, respond to complaints, and suspend or revoke operating authority if necessary.  

• Federal oversight (FMCSA) also applies for interstate operations, so federal and state enforcement can overlap.

• At ports of entry and border inspection points, state safety inspections are conducted in line with Commercial Vehicle Safety Alliance (CVSA) standards. Vehicles entering through border crossings can be inspected for compliance with federal & state HOS rules.  

6. Practical Implications & Tips for Carriers & Drivers

• Maintain compliant logs (or ELDs): Since NM law uses federal HOS rules, accurate logging of driving time, on‑duty/off‑duty/rest periods, etc. is critical.

• Be ready for inspections anytime, without notice: Given the NM regulations allow inspections without prior notice, records, driver logbooks, vehicle inspection reports, etc. should always be in order.

• Respond quickly to inspection findings: If a written report from inspection imposes corrective actions, not complying in the timeline can lead to suspension, fines, or worse.

• Know when you’re interstate vs intrastate: Interstate drivers have to follow federal HOS regardless, but intrastate carriers should understand how NM enforces its adoption of those rules.

• Ensure safety concerns are handled immediately: If inspectors issue red‑tags or cease operations orders, those are serious and require immediate action.