N.M. Admin. Code § 18.24.1.10 - LAW ENFORCEMENT INTERACTION PROTOCOL

A. Prior to testing or operating a fully autonomous motor vehicle on New Mexico public roadways without a driver, the autonomous motor vehicle owner shall provide the New Mexico department of public safety and the New Mexico department of transportation a copy of a law enforcement interaction protocol that will instruct first responders in the vicinity of the operational design domain how to interact with the fully autonomous motor vehicle in emergency and traffic enforcement situations. This interaction protocol shall be on file with and available through the New Mexico state police.

B. The law enforcement interaction protocol shall include:

(1) How to communicate with a fleet support specialist who is available during the times the vehicle is in operation;

(2) How to safely remove the vehicle for the roadway;

(3) How to recognize whether the vehicle is in autonomous mode and steps to safely ow the vehicle;

(4) A description of the cities where the vehicle will be in operation;

(5) Any additional information the manufacturer or owner deems necessary regarding hazardous conditions or public safety risks associated with the operation of the autonomous motor vehicle.

C. For the purpose of this section, vehicle owner, registration, insurance, and contact information for the fully autonomous motor vehicle can be accessed through the New Mexico motor vehicle division system. Exchange of information, issuance of citations and repair orders with the fully autonomous motor vehicle owner shall be done through the electronic mail or physical mailing address provide, which can be accessed through the MVD system.

D. The law enforcement interaction protocol submitted by the vehicle owner will detail how compliance with the relevant sections of Part 3, Article 7 of Chapter 66, Motor Vehicles, will be ensured in the event of a collision.

(1) The fully autonomous motor vehicle's owner contact information, registration, and insurance information shall be noted on the New Mexico crash report.

(2) If injury to a person, damage to any vehicle, or damage to any other property occurred in the collision, the officer shall provide the fully autonomous motor vehicle owner's name, address, and insurance information to the drivers of all other vehicles, any injured parties involved in the collision, and owners of damaged property.

(3) If the fully autonomous motor vehicle violates a traffic law resulting in the collision, the officer may issue a citation to the registered owner of the vehicle.

E. If the fully autonomous motor vehicle that is operated on a roadway doesn't display license plates for the current registration year, officers shall issue a citation to the vehicle owner.

F. If the fully autonomous motor vehicle does not have documents on file with the New Mexico motor vehicle division that show it meets the financial responsibility requirements under Section 66-5-205 NMSA 1978, officers shall issue a citation to the registered owner of the vehicle.

G. If a fully autonomous motor vehicle becomes disabled as a result of a collision or malfunction, and the owner is unable to provide for its custody or removal, the officer shall remove the vehicle or cause it to be removed for any of the following:

(1) pursuant to Section 66-7-350 NMSA 1978;

(2) for seizure pursuant to law;

(3) for obstruction of traffic;

(4) when disabled at a gore point;

(5) when disabled or abandoned in a hazardous location.

H. Officers shall inventory the fully autonomous motor vehicle prior to its removal, documenting the contents and condition of the vehicle on the vehicle removal report.

Notes

N.M. Admin. Code § 18.24.1.10

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