It is unlawful for an employer to knowingly allow, require, permit or authorize a driver to drive a commercial motor vehicle during a period in which:

A. the driver has a driver's license suspended, revoked or canceled by a state, has lost the privilege to drive a commercial motor vehicle in a state or has been disqualified from driving a commercial motor vehicle;

B. the driver has more than one driver's license as of the effective date of the provisions of the New Mexico Commercial Driver's License Act;

C. the driver, the commercial motor vehicle the driver is driving or the motor carrier operation of the employer is subject to an out-of-service order; or

D. the driver has been convicted of a railroad-highway grade crossing violation.

History: Laws 1989, ch. 14, § 7; 1998, ch. 17, § 2; 2003, ch. 51, § 3; 2005, ch. 312, § 3.

The 2005 amendment, effective July 1, 2005, provided that it is unlawful for an employer to commit the specified acts.

The 2003 amendment, effective March 19, 2003, in the introductory paragraph substituted "An employer shall not" for "No employer shall", substituted "a period in which" for "any period" at the end; deleted "in which" at the beginning of Subsections A and B; substituted "the driver, the commercial motor vehicle the driver" for "in which the employee, the commercial motor vehicle the employee" at the beginning of Subsection C; and added Subsection D.

The 1998 amendment, effective May 20, 1998, inserted "require," following "allow," in the undesignated paragraph; added Subsection C; and made minor stylistic changes.