N.M. Admin. Code § 18.21.3.16 - ELIGIBILITY
A. Intended
primarily for rural interchanges: Traveler information panels shall be erected
and maintained at rural interchanges whether a business is or is not visible to
the traveling public from the highway and at suburban or urban interchanges
where spacing allows.
B. Types of
services and criteria: Types of services and criteria are set forth in
Subsection B of
18.21.3.10 NMAC.
C. Conformity with civil rights laws: The
owner or responsible operator of a qualified traveler business must give
written assurance of its conformity with all applicable laws concerning the
provisions of public accommodations without regard to race, religion, sex,
handicap or national origin.
D.
Mileage limits - who may apply. (See Subsection A of
18.21.3.10 NMAC)
E. Rules applicable to business signs:
(1) The owner or responsible operator of the
business must file an application for placement of its business sign on all
traveler informational panels erected at the interchange on which it is
eligible for such placement, and if it is not visible from the exit ramp, on
any supplemental directional panel on the exit ramp or at its terminus, on a
form specified by the department or when applicable, the program
manager/contractor.
(2) The
applicant must also agree to furnish the necessary number of its business signs
to be affixed to the traveler informational panels.
(3) The applicant must also acknowledge that
the permit is revocable for his failure to comply with those requirements of
Subsection J of
18.21.3.16 NMAC of this section;
that revocation under this paragraph forfeits applicant's paid rental and
permit fees, there being no allowance for a pro rata refund for the remainder
of the year.
(4) The applicant
expressly agrees to waive all claims against the department and when
applicable, its contractor, including claims for damage to its business signs
by the department's or contractor installation, maintenance removal and
replacement as required in Subsection B of
18.21.3.18 NMAC. Applicant further
agrees to indemnify the department and when applicable, the contractor and save
them harmless from all claims arising out of the erection, maintenance and
existence of applicant's business and logo signs within department's right of
way. Such claims to be indemnified include, but are not limited to, damages
caused as a result of relying upon the representations made by the business and
logo signs to the detriment of the traveling public.
F. Conformity with laws: All signs or
advertising on the premises must be in full compliance with all other state and
federal laws and regulations.
G.
Priority of business sign application: If applications are received for any one
interchange from more than the maximum allowable businesses to be placed on any
one panel, only six applications for gas, food, lodging, camping and attraction
shall be granted. The order of priority shall be the six businesses closest to
the interchange that have applied for a permit prior to the closing date set by
the department or the contractor for receipt of applications except as stated
in Subsection A of
18.21.3.16 NMAC of this
requirement.
H. Length of time of
permit: Any grant of a new or renewal application shall entitle the applicant
to placement of its business sign(s) on traveler information panel(s) for the
interchange(s) for the paid rental period.
I. Permit renewed annually: Eligibility of
qualified traveler service businesses for continued placement of their business
sign on a traveler information panel may be reviewed annually before a grant of
renewal permit, on the same basis as for an original permit, but no new
application shall be deemed to have higher priority than a renewal application
unless it is received at least sixty (60) days before the permit is scheduled
to expire under Subsection H of
18.21.3.16 NMAC.
J. Causes for removal of business signs:
Notwithstanding Subsection I of
18.21.3.16 NMAC of this section,
the business sign of a traveler service business shall be removed from all
traveler informational panels and may be replaced by the business sign of
another qualified applicant for failure to comply with Subsection B of
18.21.3.10 NMAC, as follows:
(1) If it fails on a sufficient number of
occasions or over a sufficient period of time to provide all of the services
required by Subsection B of
18.21.3.10 NMAC, so as to justify
a finding by the department or when applicable the program manager that the
business is not in substantial compliance with that paragraph.
(2) If it fails to open for business for more
than seven consecutive days or for more than ten days cumulatively during any
one-year period, unless the department or when applicable the program manager
finds that closure for such period was beyond the control of the owner or
responsible operator, or that the closure was justified by extenuating
circumstances.
(3) If it fails to
comply with Subsection C of
18.21.3.16 NMAC of this section,
except in isolated instances without the knowledge of the owner, responsible
operator or manager of the business, or on any occasion unless steps are
promptly taken to insure to the fullest extent reasonably possible that such
instances will not recur.
(4) If it
willfully fails to comply with Subsection F of
18.21.3.16 NMAC of this section,
or if it fails to take immediate steps to comply promptly after it is notified
or becomes aware that it is not in compliance.
K. Removal caused by fire or accident: If due
to fire, accident or similar causes, a qualified traveler service business
becomes inoperable for an extended period of time, exceeding seven days, but
not more than ninety days, its business sign shall be temporarily removed from
or covered on all motorist informational panels, but the business shall not
lose its priority. Further extension may be granted on good cause shown.
However, failure of the owner or responsible operator to proceed with necessary
repairs within a reasonable time shall cause the loss of right to continued
placement of the business sign and require a new application.
L. Waiver: Upon petition by an applicant
showing a significant business disadvantage to it which would arise under
strict enforcement of these regulations, or showing a substantial benefit to
the public if a variance is granted, the department or when applicable the
program manager may authorize a waiver of any requirements of Subsection J of
18.21.3.16 NMAC:
(1) that it will not derogate from the
purposes of these requirements;
(2)
that the applicant will suffer a significant business disadvantage if the
waiver is not granted, or that a substantial benefit to the public will be
realized if the waiver is granted;
(3) that the waiver will not be contrary to
any provisions of state law, or federal law or regulations.
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.