A. The testing and
operating of autonomous motor vehicles on public roads in New Mexico require
compliance with all applicable federal and state laws and regulations and
municipal ordinance that govern motor vehicle operations, unless an exemption
or waiver has been granted from the governing authority.
B. Vehicles equipped with an automated
driving system shall meet and follow all applicable federal laws, regulations,
and guidelines governing motor vehicles; meet all applicable certificates,
title and registration, licensing, and insurance requirements; and be capable
of complying with all applicable traffic and motor vehicle safety laws and
regulations of the state of New Mexico, unless an exemption or waiver has been
granted from the governing authority.
For autonomous motor vehicle testing or
operating with a human driver:
(1) The person
testing or operating the autonomous motor vehicle may be issued a traffic
citation or other applicable penalty in the event of a failure to comply with
traffic and motor vehicle laws.
Only a trained employee, contractor or other person authorized by the company
developing the automated driving system may operate or monitor the performance
of the vehicles and automated driving system.
For fully autonomous motor vehicle testing
or operating without a driver:
operation of vehicles that do not have a person present in the vehicle shall be
allowed only if such vehicles are fully autonomous, and if prior to commencing
testing or operation of the fully autonomous motor vehicles, an autonomous
motor vehicle testing statement and certification has been submitted to the New
Mexico department of transportation acknowledging:
(a) When required by federal law, the fully
autonomous motor vehicle is equipped with an automated driving system that in
compliance with all applicable federal law and federal motor vehicle safety
standards and the vehicle bears the required certification label(s) including
reference to any exemption granted under applicable federal law.
(b) If a failure of the automated driving
system occurs that renders that system unable to perform the entire dynamic
driving task relevant to its intended operational design domain, the fully
autonomous motor vehicle will achieve a minimal risk condition.
(c) The fully autonomous motor vehicle is
capable of complying with all applicable traffic and motor vehicle safety laws
and regulations of the state of New Mexico that do not relate to or support
motor vehicle operation by a human driver, and the person testing or operating
the fully autonomous motor vehicle may be issued a traffic citation or other
applicable penalty in the event the vehicle fails to comply with traffic and
motor vehicle laws.
(d) The fully
autonomous motor vehicle registered owner is required to ensure it meets all
applicable certificate, title registration, licensing, and insurance
the law enforcement protocol and submission of a Law Enforcement Interaction
Protocol outlined in Section 126.96.36.199
(2) If a person fails to submit the required
documents outlines above, the New Mexico department of transportation has the
authority to immediately issue a cease and desist letter revoking any
permissions to operate a fully autonomous motor vehicle on New Mexico's public
roads, until the person has submitted the statement and is in compliance with
laws and regulations relating to fully autonomous motor vehicles.
N.M. Code R. §
Mexico Register, Volume XXXIII, Issue 08, April 19, 2022, eff.