N.M. Code R. § 18.24.1.9 - AUTONOMOUS MOTOR VEHICLE TESTING AND OPERATION

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.

C. 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.

(2) 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.

D. For fully autonomous motor vehicle testing or operating without a driver:

(1) Testing or 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 requirements.

(e) Compliance with the law enforcement protocol and submission of a Law Enforcement Interaction Protocol outlined in Section 18.24.1.10 NMAC.

(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.

Notes

N.M. Code R. § 18.24.1.9

Adopted by New Mexico Register, Volume XXXIII, Issue 08, April 19, 2022, eff. 4/19/2022