A. A special fuel user who operates a commercial motor carrier vehicle registered or titled in Mexico, who is engaged primarily in movement across the New Mexico-Mexico border and into or from an international border commercial zone and whose exclusive use of New Mexico highways is limited to an area within ten miles of the New Mexico- Mexico border may apply for, on a form approved by the department of transportation, a quarterly, semi-annual or annual border crossing special fuel user permit. The department of transportation shall issue the permit if it approves the application and upon payment of the fee for the permit.

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B. The department of transportation shall establish by rule the amount, which shall not exceed the following, of fees for border crossing special fuel user permits:

(1)     for a quarterly permit, one hundred twenty-five dollars ($125); (2)     for a semi-annual permit, two hundred dollars ($200); and

(3)     for an annual permit, three hundred fifty dollars ($350).

C. As used in this section, “international border commercial zone” means that part of a commercial zone established by a law of the United States that extends into New Mexico.