NMSA 1978, § 7-16A-2 — Definitions

As used in the Special Fuels Supplier Tax Act:

# A.

"biodiesel" means a renewable, biodegradable, mono alkyl ester combustible
liquid fuel that is derived from agricultural plant oils or animal fats and that meets the
American society for testing and materials specifications for biodiesel fuel, B100 or B99
blend stock for distillate fuels;

# B.

"blended biodiesel" means a diesel engine fuel that contains at least two percent
biodiesel;

# C.

"bulk storage" means the storage of special fuels in any tank or receptacle, other
than a supply tank, for the purpose of sale by a dealer or for use by a user or for any
other purpose;

# D.

"bulk storage user" means a user who operates, owns or maintains bulk storage
in this state from which the user places special fuel into the supply tanks of motor
vehicles owned or operated by that user;

# E.

"dealer" means any person who sells and delivers special fuel to a user;

# F.

"department" means the taxation and revenue department, the secretary of
taxation and revenue or any employee of the department exercising authority lawfully
delegated to that employee by the secretary;

# G.

"government-licensed vehicle" means a motor vehicle lawfully displaying a
registration plate, as defined in the Motor Vehicle Code [Chapter 66, Articles 1 through
8 NMSA 1978] issued by:
(1) the United States or any state, identifying the motor vehicle as belonging
to the United States or any of its agencies or instrumentalities;
(2) the state of New Mexico, identifying the vehicle as belonging to the state
of New Mexico or any of its political subdivisions, agencies or instrumentalities; or
(3) any state, identifying the motor vehicle as belonging to an Indian nation,
tribe or pueblo or an agency or instrumentality thereof;

# H.

"gross vehicle weight" means the weight of a motor vehicle or combination motor
vehicle without load, plus the weight of any load on the vehicle;

# I.

"highway" means every road, highway, thoroughfare, street or way, including toll
roads, generally open to the use of the public as a matter of right for the purpose of
motor vehicle travel and notwithstanding that the same may be temporarily closed for
the purpose of construction, reconstruction, maintenance or repair;

# J.

"motor vehicle" means any self-propelled vehicle or device that is either subject
to registration pursuant to Section 66-3-1 NMSA 1978 or is used or may be used on the
public highways in whole or in part for the purpose of transporting persons or property
and includes any connected trailer or semitrailer;

# K.

"person" means an individual or any other entity, including, to the extent
permitted by law, any federal, state or other government or any department, agency,
instrumentality or political subdivision of any federal, state or other government;

# L.

"rack operator" means the operator of a refinery in this state, any person who
blends special fuel in this state or the owner of special fuel stored at a pipeline terminal
in this state;

# M.

"registrant" means any person who has registered a motor vehicle pursuant to
the laws of this state or of another state;

# N.

"retailer" means a person who sells special fuel generally in quantities of less
than two hundred fifty gallons and delivers the special fuel into the supply tanks of motor
vehicles;

# O.

"sale" means any delivery, exchange, gift or other disposition;

# P.

"secretary" means the secretary of taxation and revenue or the secretary's
delegate;

# Q.

"special fuel" means any diesel-engine fuel, biodiesel, blended biodiesel or
kerosene used for the generation of power to propel a motor vehicle, except for
gasoline, liquefied petroleum gas, compressed or liquefied natural gas and products
specially prepared and sold for use in aircraft propelled by turbo-prop or jet engines;

# R.

"special fuel user" means any user who is a registrant, owner or operator of a
motor vehicle using special fuel and having a gross vehicle weight in excess of twenty-
six thousand pounds;

# S.

"state" or "jurisdiction" means a state, territory or possession of the United
States, the District of Columbia, the commonwealth of Puerto Rico, a foreign country or
a state or province of a foreign country;

# T.

"supplier" means any person, but not including a rack operator or the United
States or any of its agencies except to the extent now or hereafter permitted by the
constitution of the United States and laws thereof, who receives special fuel;

# U.

"supply tank" means any tank or other receptacle in which or by which fuel may
be carried and supplied to the fuel-furnishing device or apparatus of the propulsion
mechanism of a motor vehicle when the tank or receptacle either contains special fuel
or special fuel is delivered into it;

# V.

"tax" means the special fuel excise tax imposed pursuant to the Special Fuels
Supplier Tax Act, and, with respect to a special fuel user, "tax" includes any special fuel
tax paid to another jurisdiction pursuant to a cooperative agreement to which the state is
a party pursuant to Section 9-11-12 NMSA 1978;

# W.

"user" means any person other than the United States government or any of its
agencies or instrumentalities; the state of New Mexico or any of its political subdivisions,
agencies or instrumentalities; or an Indian nation, tribe or pueblo or any agency or
instrumentality of an Indian nation, tribe or pueblo, who uses special fuel to propel a
motor vehicle on the highways; and

# X.

"wholesaler" means a person who is not a supplier and who sells special fuel in
quantities of two hundred fifty gallons or more and does not deliver special fuel into the
supply tanks of motor vehicles.