A. For the purpose of providing funds for the construction, maintenance, repair and reconstruction of this state’s public highways, a use fee, to be known as the “trip tax”, is imposed on each trip made in this state by the registrant, owner or operator of a foreign- based commercial motor carrier vehicle and is in lieu of registration fees and the weight distance tax that would otherwise be imposed on the trip on a registrant, owner or operator of any foreign-based commercial motor carrier vehicle that is:

(1)     not registered in this state under interstate registration;

(2)     not registered in this state under proportional registration; (3)     not subject to a valid reciprocity agreement;

(4)     not registered as a foreign commercial motor carrier vehicle under short- term registration;

(5)     not registered under an allocation of one-way rental fleet vehicles; and

(6)     not exempted from registration and the payment of any registration fees and not exempted from the payment of the trip tax under Section 65-5-3 N.M. Stat. Ann..

B. Except as provided otherwise in Subsections C and D of this section, the trip tax shall be computed as follows:

(1)     when the gross vehicle weight or combination gross vehicle weight exceeds twelve thousand pounds but does not exceed twenty-six thousand pounds, seven cents ($.07) a mile for mileage to be traveled on the public highways within New Mexico, measured from the point of entering the state to the point of destination or place of leaving the state;

(2)     when the gross vehicle weight or combination gross vehicle weight exceeds twenty-six thousand pounds and does not exceed fifty-four thousand pounds, twelve cents ($.12) a mile for mileage to be traveled on the public highways within New Mexico, measured from the point of entering the state to the point of destination or place of leaving the state;

(3)     when the gross vehicle weight or combination gross vehicle weight exceeds fifty-four thousand pounds and does not exceed seventy-two thousand pounds, fifteen cents ($.15) a mile for mileage to be traveled on the public highways within New Mexico, measured from the point of entering the state to the point of destination or place of leaving the state; and

(4)     when the gross vehicle weight or combination gross vehicle weight exceeds seventy-two thousand pounds, sixteen cents ($.16) a mile for mileage to be traveled on the public highways within New Mexico, measured from the point of entering the state to the point of destination or place of leaving the state.

C. The department, by regulation, shall establish a procedure for the issuance of prepaid trip permits for:

(1)     trips by a single vehicle or a fleet of vehicles for the purpose of: (a) custom harvesting operations; or

(b) the transportation of goods or passengers between the state and Mexico;

or

(2)     any vehicle that is unable to declare at the time of entering the state the point of destination or place of leaving the state.

D. Prepaid trip permits established pursuant to Subsection C of this section shall be sold in increments of no less than fifty dollars ($50.00). Any portion not used prior to one year from the date of issuance shall not be refundable. Prepaid trip permits shall not be transferable between a registrant, owner or operator and another registrant, owner or operator. Charges against the prepaid trip permit shall be based on the computations specified in Subsection B of this section.