A. No person shall operate a crane in construction, demolition or excavation work unless the person is licensed under the Crane Operators Safety Act or exempt pursuant to Subsection D of this section.

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B. Operating a crane without a license shall be considered unlicensed operation and shall subject the person who is operating the crane and the person’s employer, or the employer’s representative, to penalties as provided in the Crane Operators Safety Act.

C. The licensee and the licensee’s employer shall be subject to applicable regulations controlling the use and operation of cranes as promulgated by the occupational safety and health administration, the mine safety and health administration or the American national standards institute.

D. The Crane Operators Safety Act shall not apply to the operation of a crane used in construction, demolition or excavation associated with:

(1)     natural gas gather lines;

(2)     interstate transmission facilities and interstate natural gas facilities subject to the federal Natural Gas Pipeline Safety Act of 1968 and its amendments;

(3)     interstate pipeline facilities and carbon dioxide pipeline facilities subject to the federal Hazardous Liquid Pipeline Safety Act of 1979;

(4)     gas and oil pipeline facilities subject to the Pipeline Safety Act N.M. Stat. Ann. § 70-3-11 to 70-3-20;

(5)     mining, milling or smelting operations subject to mine safety and health administration regulations or occupational safety and health administration regulations;

(6)     prefabricated control rooms of natural gas, oil or carbon dioxide pipeline transmission facilities;

(7)     oil and gas exploration, production or drilling;

(8)     rural electric cooperative and electric, gas and water utility operations; (9)     commercial sign operations;

(10)    the construction or operation of railroads;

(11)    the installation and maintenance of telephone or television cable; or

(12)    the installation and maintenance of propane tanks.