{"data":{"id":"us-nm/66-7-375","jurisdiction":"us-nm","citation":"66-7-375","heading":"Use of a handheld mobile communication device while driving a commercial motor vehicle.","body":"A. A person shall not use a handheld mobile communication device for any purpose while driving a commercial motor vehicle except to summon medical or other emergency help or unless that device is an amateur radio and the driver holds a valid amateur radio operator license issued by the federal communications commission. This prohibition is a separate prohibition from the prohibition on texting while driving pursuant to Section 66-7-374 NMSA 1978.\nB. The provisions of this section shall not be construed as authorizing the seizure or forfeiture of a handheld mobile communication device. Unless otherwise provided by law, the handheld mobile communication device used in the violation of the provisions of this section is not subject to search by a law enforcement officer during a traffic stop made pursuant to the provisions of this section.\nC. As used in this section:\n(1) \"commercial motor vehicle\" means a motor vehicle or combination of motor vehicles used in commerce to transport passengers or property if the motor vehicle:\n(a) has a gross combination weight rating of more than twenty-six thousand pounds inclusive of a towed unit with a gross vehicle weight rating of more than ten thousand pounds;\n(b) has a gross vehicle weight rating of more than twenty-six thousand pounds;\n(c) is designed to transport sixteen or more passengers, including the driver; or\n(d) is of any size and is used in the transportation of hazardous materials as provided in 49 CFR Part 383.5;\n(2) \"driving\" means being in actual physical control of a commercial motor vehicle on a highway or street and includes being temporarily stopped because of traffic, a traffic light or stop sign or otherwise; but \"driving\" excludes a commercial motor vehicle when the vehicle has pulled over to the side of or off of an active roadway and has stopped at a location in which it can safely remain stationary;\n(3) \"handheld mobile communication device\" means a wireless communication device that is designed to receive and transmit text, voice or image messages; provided, however, that \"handheld mobile communication device\" excludes global positioning or navigation systems; citizen band radios with a handheld microphone operated by a single button or lever; devices that are physically or electronically integrated into a commercial motor vehicle; and voice-operated or hands-free devices that allow the user to compose, send or read a text message or talk without the use of a hand, except to activate, deactivate or initiate a feature or function; and\n(4) \"text message\" means a digital communication transmitted or intended to be transmitted between communication devices and includes electronic mail, an instant message, a text or image communication and a command or request to an internet site; but \"text message\" excludes communications through the use of a computer-aided dispatch service by law enforcement or rescue personnel.","path":["Chapter 66 - Motor Vehicles","ARTICLE 7 Traffic Laws; Signs, Signals and Markings; Accidents; Weight and Size; Traffic Safety"],"source_url":"https://nmonesource.com/nmos/nmsa-unanno/en/item/18569/index.do","current_through":"2026-07-01","vintage":"","retrieved_at":"2026-09-03T15:02:20Z","sha256":"536a442096516d81e39b33bf8134fce21ede9626fb5f3c76b515578751df6ce8","source_id":"us-nm","stale":false,"prev":"us-nm/66-7-374","next":"us-nm/66-7-376"},"notice":"GroundRules: Original legal text. Not legal advice."}