N.M. Code R. § 18.24.1.9 Autonomous Motor Vehicle Testing and Operation

• Library: New Mexico Administrative Code
• Edition: 2023
• Currency: Current through Register Vol. 34, No. 24, December 19, 2023
• Citation: N.M. Code R. § 18.24.1.9
• Year: 2023

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...