reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 7 - Traffic Laws; Signs, Signals and Markings; Accidents; Weight and Size; Traffic Safety › Part 5 - WEIGHT AND SIZE LIMITATIONS › Section 66-7-413.6 - Multiple trip special permit allowance; vehicles used to transport oilfield equipment; limitations.

A. An oilfield equipment transport vehicle may be issued a special permit to transport loads for multiple trips pursuant to Section 66-7-413 NMSA 1978. The area covered by the special permit shall be specified on the permit.
B. The multiple trip special permits for oilfield equipment transport vehicles may be issued for a load with a maximum width not to exceed twenty-two feet, a maximum height not to exceed twenty feet and a maximum length not to exceed one hundred ten feet; provided that:
(1) any load wider than twenty feet and higher than eighteen feet requires:
(a) a private escort; and
(b) a survey of the route for clearance of any overhead structures and width clearances prior to undertaking the move;
(2) the gross vehicle weight of the loaded vehicle is less than one hundred forty thousand pounds;
(3) the vehicle is marked on the front and the rear with "OVERSIZED LOAD" signs; and
(4) the vehicle is not operated on highways for which a more strict size or weight limitation is required by federal law.
C. The oilfield equipment transport vehicle shall not be operated on routes identified by the department of transportation as having deficient bridge structures. The owner or operator of the oilfield equipment transport vehicle shall obtain and have in its possession the deficient bridge information from the department, which shall be updated annually.
D. As used in this section, "oilfield equipment transport vehicle" means a motor vehicle, trailer or combination of a motor vehicle with a trailer used exclusively for hauling equipment or materials used in the production of oil or gas.
History:
Laws 2007, ch. 43, § 1.
ANNOTATIONS
Effective dates.
— Laws 2007, ch. 43, contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 15, 2007, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 7 - Traffic Laws; Signs, Signals and Markings; Accidents; Weight and Size; Traffic Safety › Part 5 - WEIGHT AND SIZE LIMITATIONS › Section 66-7-413.7 - Multiple trip special permit allowance; fee; vehicles used to transport agricultural products; limitations.

A. An agricultural product transport vehicle may be issued a special permit for an annual fee of two hundred fifty dollars ($250) to transport loads for multiple trips pursuant to Section 66-7-413 NMSA 1978. The area covered by the special permit shall be specified on the permit.
B. The multiple trip special permits for agricultural product transport vehicles may be issued for up to five thousand pounds over the gross vehicle weight pursuant to Section 66-7-410 NMSA 1978.
C. An agricultural product transport vehicle shall not be operated on highways for which a more strict size or weight limitation is required by federal law.
D. An agricultural product transport vehicle shall not be operated on routes identified by the department of transportation as having deficient bridge structures. The owner or operator of the agricultural product transport vehicle shall obtain and have in the owner's or operator's possession a copy of the restrictions imposed by the state transportation commission pursuant to Section 66-7-415 NMSA 1978 regarding the size and weight of vehicles operated on a highway under the jurisdiction of that commission.
E. As used in this section, "agricultural product transport vehicle" means a motor vehicle, freight trailer or utility trailer or a combination thereof used exclusively for hauling agricultural products harvested in an agricultural area that lies within New Mexico or within New Mexico and in an adjacent state.
History:
Laws 2008, ch. 63, § 2; 2021, ch. 59, § 17.
ANNOTATIONS
The 2021 amendment,
effective June 18, 2021, made conforming changes due to the transfer of certain authority to the department of transportation; and in Subsection D, after "identified by the department", added "of transportation".
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 7 - Traffic Laws; Signs, Signals and Markings; Accidents; Weight and Size; Traffic Safety › Part 5 - WEIGHT AND SIZE LIMITATIONS › Section 66-7-413.8 - Multiple-trip permit for specialized haul vehicles.

A special multiple-trip permit may be issued for a single vehicle with a load in excess of the weight allowed in Section 66-7-410 NMSA 1978 if:
A. the vehicle has an overall length of not more than forty feet and contains a group of four to seven axles having a distance in feet between the first and last axle of at least twenty feet but not greater than thirty-six feet;
B. the weight imposed upon the highway through any one axle of the vehicle does not exceed that allowed in Section 66-7-409 NMSA 1978;
C. the weight imposed upon the highway through a tandem axle of the vehicle does not exceed thirty-four thousand pounds. For the purpose of this subsection, "tandem axle" means two or more consecutive axles whose centers may be included between parallel transverse vertical planes spaced more than forty inches and not more than ninety-six inches apart, extending across the full width of the vehicle;
D. the total gross weight imposed upon the highway on a group of two or more consecutive axles of the vehicle shall not exceed the weight computed using and listed in the following formula and table, but in no case greater than eighty thousand pounds:
(1) W = 500(LN/(N-1) + 12N + 36), where:
W = maximum overall gross
weight on the group;
L = distance in feet between
the extremes of any group of
two or more consecutive axles
measured longitudinally to the
nearest foot; and
N = number of axles in the
group under consideration; and
(2)
L (feet)
W (pounds)
4 axles
5 axles
6 axles
7 axles
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
55,500
56,000
56,500
57,500
58,000
58,500
59,500
60,000
60,500
61,500
62,000
62,500
63,500
64,000
64,500
65,500
66,000
60,500
61,000
61,500
62,500
63,000
63,500
64,000
65,000
65,500
66,000
66,500
67,500
68,000
68,500
69,000
70,000
70,500
66,000
66,500
67,000
68,000
68,500
69,000
69,500
70,000
71,000
71,500
72,000
72,500
73,000
74,000
74,500
75,000
75,500
74,000
74,500
75,000
75,500
76,500
77,000
77,500
78,000
78,500
79,000
80,000
80,000
80,000;
and
E. other requirements are met as established by rule of the secretary of public safety, including the payment of a reasonable permit fee.
History:
Laws 2015, ch. 49, § 1.
ANNOTATIONS
Effective dates.
— Laws 2015, ch. 49, § 2 makes Laws 2015, ch. 49, § 1 effective January 1, 2016.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 7 - Traffic Laws; Signs, Signals and Markings; Accidents; Weight and Size; Traffic Safety › Part 5 - WEIGHT AND SIZE LIMITATIONS › Section 66-7-414 - Exemptions; implements of husbandry.

A. No permit or fee required under Section 66-7-413 NMSA 1978 is necessary for implements of husbandry, including farm tractors and farm trailers when not more than two such farm trailers are towed in tandem, being moved during daylight hours within a county or an adjacent county for a total distance, one way, of not more than fifty miles on any highway:
(1) crossing the farm property of the owner; or
(2) running between separate farm property of the owner.
B. Any person responsible for the movement of implements of husbandry under the provisions of this section shall comply with all safety precautions set forth in the Motor Vehicle Code [66-1-1 NMSA 1978] and in regulations of the state highway commission.
History:
1953 Comp., § 64-7-414, enacted by Laws 1978, ch. 35, § 485; 1979, ch. 323, § 2.
ANNOTATIONS
Cross references.
— For definitions of "farm tractor" and "implement of husbandry",
see
66-1-4.6 and 66-1-4.9 NMSA 1978, respectively.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 7 - Traffic Laws; Signs, Signals and Markings; Accidents; Weight and Size; Traffic Safety › Part 6 - TRAFFIC SAFETY › Section 66-7-501 - Short title.

Sections 66-7-501 through 66-7-513 NMSA 1978 may be cited as the "Traffic Safety Act".
History:
1953 Comp., § 64-7-501, enacted by Laws 1978, ch. 35, § 488; 2003, ch. 148, § 1.
ANNOTATIONS
The 2003 amendment,
effective June 20, 2003, substituted "66-7-501 through 66-7-513 NMSA 1978" for "64-7-501 through 64-7-511".
Am. Jur. 2d, A.L.R. and C.J.S. references.
— Judicial review of orders under National Traffic and Motor Vehicle Safety Act of 1966 (15 U.S.C.A. §1381 et seq.). 18 A.L.R. Fed. 610.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 7 - Traffic Laws; Signs, Signals and Markings; Accidents; Weight and Size; Traffic Safety › Part 6 - TRAFFIC SAFETY › Section 66-7-502 - Legislative intent.

A. The legislature declares that there should be accurate information about the causes of traffic accidents which result in fatalities and in serious injuries on the highways of this state.
B. Special accident-investigation units have made valuable discoveries of the incidence of driver intoxication and of mechanical defects in motor vehicle accidents. The legislature intends to promote and encourage the work of accident-investigation units.
History:
1953 Comp., § 64-33-2, enacted by Laws 1976 (S.S.), ch. 8, § 2; recompiled as 1953 Comp., § 64-7-502, by Laws 1978, ch. 35, § 489.
ANNOTATIONS
Repeals.
— Laws 1976 (S.S.), ch. 8, § 14, repealed former 64-33-2, 1953 Comp., relating to the creation of the New Mexico traffic safety commission, effective July 1, 1976.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 7 - Traffic Laws; Signs, Signals and Markings; Accidents; Weight and Size; Traffic Safety › Part 6 - TRAFFIC SAFETY › Section 66-7-503 - Definitions.

As used in the Traffic Safety Act:
A. "bureau" means the traffic safety bureau of the department;
B. "chief" means the administrative head of the bureau;
C. "committee" means the advisory committee to the bureau; and
D. "department" means the state highway and transportation department.
History:
1953 Comp., § 64-7-503, enacted by Laws 1978, ch. 35, § 490; 1987, ch. 268, § 28.
ANNOTATIONS
The 1987 amendment,
effective July 1, 1987, substituted "department" for "division" in Subsection A, deleted the former Subsections D and E, and added the present Subsection D.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 7 - Traffic Laws; Signs, Signals and Markings; Accidents; Weight and Size; Traffic Safety › Part 6 - TRAFFIC SAFETY › Section 66-7-504 - Bureau; creation; administrative head.

A. There is created within the department the "traffic safety bureau". The chief shall receive no additional salary because of his activity as chief of the bureau.
B. The department shall employ such personnel and hire such consultants as are required to carry out the provisions of the Traffic Safety Act.
History:
1953 Comp., § 64-7-504, enacted by Laws 1978, ch. 35, § 491; 1987, ch. 268, § 29.
ANNOTATIONS
The 1987 amendment,
effective July 1, 1987, in Subsection A substituted "department" for "division" in the first sentence and deleted the former second sentence as set out in the main pamphlet; and in Subsection B substituted "department" for "director".
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 7 - Traffic Laws; Signs, Signals and Markings; Accidents; Weight and Size; Traffic Safety › Part 6 - TRAFFIC SAFETY › Section 66-7-505 - Advisory committee; creation; members; terms.

A. There is created a five-member advisory committee to the bureau. The chief is, ex officio, the chair and a voting member of the committee. The governor shall appoint three members, to terms coterminous with the governor's tenure, who shall have the following qualifications:
(1) one member who is representative of the law enforcement agencies of this state;
(2) one member who is representative of the school bus transportation function of the public education department; and
(3) one member who is representative of the New Mexico state police division of the department of public safety.
B. Appointees who are public officers or public employees shall be compensated for attendance at meetings according to the Per Diem and Mileage Act. Appointees who are not public officers or employees shall be compensated for attendance at meetings in commensurate amount.
History:
1953 Comp., § 64-7-505, enacted by Laws 1978, ch. 35, § 492; 1987, ch. 268, § 30; 2007, ch. 319, § 62; 2015, ch. 3, § 41.
ANNOTATIONS
The 2015 amendment,
effective July 1, 2015, provided the New Mexico state police division of the department of public safety with a position on the advisory committee to the traffic safety bureau of the state highway and transportation department, as part of the reorganization of the department of public safety; in Subsection A, Paragraph 3, after "representative of the", deleted "motor transportation" and added "New Mexico state police".
The 2007 amendment,
effective June 15, 2007, changed "taxation and revenue department" to "department of public safety".
The 1987 amendment,
effective July 1, 1987, in Subsection A substituted "chief" for "director" at the beginning of the second sentence and substituted "three members" for "four members" in the third sentence of the opening clause, deleted the former Paragraph (2) as set out in the main pamphlet, and renumbered the subsequent paragraphs, and in Paragraph (3) added at the end "of the taxation and revenue department" and made minor changes in language and punctuation throughout the section.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 7 - Traffic Laws; Signs, Signals and Markings; Accidents; Weight and Size; Traffic Safety › Part 6 - TRAFFIC SAFETY › Section 66-7-506.1 - DWI prevention and education program; organ donation.

DWI prevention and education programs for instruction permits and driver's licenses shall include information on organ donation and the provisions of the Jonathan Spradling Revised Uniform Anatomical Gift Act [Chapter 24, Article 6B NMSA 1978].
History:
Laws 2000, ch. 54, § 11; 2007, ch. 323, § 34.
ANNOTATIONS
The 2007 amendment,
effective July 1, 2007, changed the name of the act.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 7 - Traffic Laws; Signs, Signals and Markings; Accidents; Weight and Size; Traffic Safety › Part 6 - TRAFFIC SAFETY › Section 66-7-507 - Approval of accident-investigation programs; privacy of victims.

A. The bureau is authorized to conduct a study into the practices and procedures of accident-investigation units functioning in this state to determine whether such practices and procedures are aiding the citizens of this state in the discovery of the causes of motor vehicle accidents. If, at the conclusion of a study made of a particular unit, the bureau determines that the practices and procedures of such unit are of a beneficial nature, it shall designate the unit as an "approved accident-investigation unit" and shall send notice of this designation to such public agencies as it may determine.
B. Any unit designated as an approved accident-investigation unit shall receive, upon its request, assistance and data from any department, division, board, bureau, commission or other agency of the state, or of any political subdivision of the state, or any public or private hospital, which will enable the unit to carry out its investigation relating to accidents and accident causes. The privacy of accident victims shall be protected in any disclosure to the unit, by using the method of case numbers rather than identification by name.
History:
1953 Comp., § 64-7-507, enacted by Laws 1978, ch. 35, § 494.
ANNOTATIONS
Cross references.
— For accident reports,
see
66-7-207 NMSA 1978 et seq.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 7 - Traffic Laws; Signs, Signals and Markings; Accidents; Weight and Size; Traffic Safety › Part 6 - TRAFFIC SAFETY › Section 66-7-508 - Confidentiality of records.

All records of an approved accident-investigation unit shall be confidential and shall not be available to any person other than a member or employee of the unit. A member or employee of the approved unit charged with the custody of the records and reports shall not be required to produce these records or reports or evidence of anything contained in them in any legal action or other proceedings.
History:
1953 Comp., § 64-33-8, enacted by Laws 1976 (S.S.), ch. 8, § 8; recompiled as 1953 Comp., § 64-7-508, by Laws 1978, ch. 35, § 495.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 7 - Traffic Laws; Signs, Signals and Markings; Accidents; Weight and Size; Traffic Safety › Part 6 - TRAFFIC SAFETY › Section 66-7-509 - Annual reports.

An approved accident-investigation unit shall make an annual report to the bureau, the governor and the legislature not later than January 1 of the calendar year following such designation of approval, and this report shall contain the unit's findings and recommendations as to the formulation of effective methods and means to reduce motor vehicle accidents within New Mexico.
History:
1953 Comp., § 64-7-509, enacted by Laws 1978, ch. 35, § 496.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 7 - Traffic Laws; Signs, Signals and Markings; Accidents; Weight and Size; Traffic Safety › Part 6 - TRAFFIC SAFETY › Section 66-7-510 - Bureau; information request.

The chief, with the approval of the director, may request all information pertinent to the traffic safety program of the bureau in the performance of its duties and functions, and this information shall be furnished by any officer, agent or employee of the state.
History:
1953 Comp., § 64-7-510, enacted by Laws 1978, ch. 35, § 497.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 7 - Traffic Laws; Signs, Signals and Markings; Accidents; Weight and Size; Traffic Safety › Part 6 - TRAFFIC SAFETY › Section 66-7-511 - Acceptance of gifts; function of advisory committee.

A. The bureau, with the approval of the governor, may accept on behalf of the state any gift, grant or money given to the bureau for any and all purposes specified in the Traffic Safety Act. Any special grant shall be held by the state treasurer in a special fund and shall be expended in accordance with the terms of the gift or grant upon proper voucher and warrant drawn by the director of [or] his designated agent.
B. The advisory committee, upon the call of the chairman, shall convene and shall undertake the study and evaluation of all applications for federal grants pertaining to traffic safety programs or affairs. The advisory committee shall make its findings and recommendations available to the chief in the form of minutes or written report. Whereupon the committee shall adjourn, awaiting the call of the chair.
History:
1953 Comp., § 64-7-511, enacted by Laws 1978, ch. 35, § 498.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not a part of the law.
Each gift with different terms must have own separate fund.
— Prior to the acceptance of a gift to the New Mexico traffic safety commission (now traffic safety bureau) under Section 64-33-7, 1953 Comp. (similar to this section), the approval of the governor must be secured. Upon approval by the governor, the money should be deposited with the state treasurer. Each gift or grant which differs in its terms and conditions from any other must be set up in a separate fund. Although this may entail additional bookkeeping on the part of the state treasurer as well as the commission, this is the only method which will insure that every gift is expended in conformity with the conditions imposed upon it by the donor. Once the special fund or funds are set up by the state treasurer, these may be expended upon voucher of the director, processed in the usual manner. 1957 Op. Att'y Gen. No. 57-241.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 7 - Traffic Laws; Signs, Signals and Markings; Accidents; Weight and Size; Traffic Safety › Part 6 - TRAFFIC SAFETY › Section 66-7-512 - Traffic safety education and enforcement fund created.

A. There is created in the state treasury the "traffic safety education and enforcement fund". The fund shall be invested in accordance with the provisions of Section 6-10-10 NMSA 1978 and all income earned on the fund shall be credited to the fund.
B. The traffic safety education and enforcement fund shall be used to institute and promote a statewide program of traffic safety through education and enforcement to reduce serious and fatal traffic accidents and to provide for the purchase of equipment and support services as are necessary to establish and maintain the program.
C. No less than fifty percent of the money deposited in the traffic safety education and enforcement fund shall be allocated to the law enforcement agency that issued the citation, provided the agency has submitted a traffic safety program plan that is approved by the traffic safety bureau of the state highway and transportation department. Law enforcement agencies shall use the money allocated from the fund to purchase equipment, including equipment for making fingerprint impressions of all persons arrested for or convicted of driving while under the influence of intoxicating liquor or drugs, and support services as are necessary to establish and maintain a traffic safety program.
D. No less than twenty percent of the money deposited in the traffic safety education and enforcement fund shall be allocated to institute and promote traffic safety education programs.
E. The balance of the money deposited in the traffic safety education and enforcement fund shall be allocated to existing traffic safety programs.
F. The traffic safety bureau of the state highway and transportation department shall adopt all rules, regulations and policies necessary to administer a statewide traffic program.
G. All money credited to the traffic safety education and enforcement fund shall be appropriated to the traffic safety bureau of the state highway and transportation department for the purpose of carrying out the provisions of this section and shall not revert to the general fund.
History:
Laws 1990, ch. 57, § 1; 1997, ch. 242, § 4.
ANNOTATIONS
Cross references.
— For penalty assessment fee in addition to the penalty assessment established for each penalty assessment misdemeanor,
see
66-8-116.3 NMSA 1978.
For disposition of penalty assessment revenue,
see
66-8-119 NMSA 1978.
The 1997 amendment,
effective July 1, 1997, inserted "traffic safety education and enforcement" in Subsections C, D, and E, and inserted "including equipment for making fingerprint impressions of all persons arrested for or convicted of driving while under the influence of intoxicating liquor or drugs," in the second sentence in Subsection C.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 7 - Traffic Laws; Signs, Signals and Markings; Accidents; Weight and Size; Traffic Safety › Part 6 - TRAFFIC SAFETY › Section 66-7-513 - Safe routes to school program.

A. The "safe routes to school program" is created within the department to increase and make safer a student's ability to walk or ride a bicycle to school.
B. The program may be established to:
(1) provide assistance to the state, counties and municipalities to identify school route hazards and implement engineering improvements, including:
(a) installing sidewalks;
(b) painting crosswalks and other street and sidewalk areas;
(c) installing traffic signals;
(d) making street improvements;
(e) providing lighting;
(f) providing bus shelters, particularly in isolated or rural areas;
(g) cutting curbs for access for persons with significant mobility limitation; and
(h) other safety improvements;
(2) develop criteria, in conjunction with the department's bicycle, pedestrian and equestrian committee, school districts and law enforcement agencies and with input from parents, teachers and school administrators, to be used in evaluating the applications of the program; and
(3) include information about the safe routes to school program in public awareness campaigns about traffic safety.
History:
Laws 2003, ch. 148, § 2; 2007, ch. 319, § 63.
ANNOTATIONS
The 2007 amendment,
effective June 15, 2007, changed "handicapped access" to "access for persons with significant mobility limitation".
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 8 - Crimes, Penalties and Procedure › Part 1 - OFFENSES RELATING TO REGISTRATION › Section 66-8-1 - Fraudulent applications.

Any person who fraudulently uses a false or fictitious name in any application for the registration of a vehicle or a certificate of title, or knowingly makes a false statement, or knowingly conceals a material fact or otherwise commits a fraud in any such application shall upon conviction be punished by a fine of not more than one thousand dollars ($1,000) or by imprisonment for not more than one year or both.
History:
1953 Comp., § 64-8-1, enacted by Laws 1978, ch. 35, § 499.
ANNOTATIONS
Provision's specific misdemeanor sentence controls Criminal Code misdemeanor sentence.
— Sections 30-1-6 and 31-19-1 NMSA 1978 refer generally to the sentence for misdemeanors; Section 64-10-1, 1953 Comp. (similar to this section), the statute which defendant violated, provides a specific sentence for that misdemeanor. If the general statute, standing alone, would include the same matter as the special statute and thus conflict with the special statute, the special statute controls since it is considered an exception to the general statute.
State v. Sawyers
, 1968-NMCA-051, 79 N.M. 557, 445 P.2d 978.
"Not less than one year" portion of defendant's sentence is void
because it is in excess of the court's sentencing authority because Section 64-10-1, 1953 Comp. (similar to this section), does not provide for a minimum sentence. Sentences which are unauthorized by law are void. The "not more than one year" portion of the sentence is authorized by this section.
State v. Sawyers
, 1968-NMCA-051, 79 N.M. 557, 445 P.2d 978.
State penitentiary proper place of confinement for violation.
— The place of confinement for misdemeanors under the Criminal Code is the county jail under Section 31-19-1 NMSA 1978. This section is not applicable because defendant violated Section 64-10-1, 1953 Comp. (similar to this section), which is not a Criminal Code misdemeanor; therefore, the proper place of his confinement is the state penitentiary.
State v. Sawyers
, 1968-NMCA-051, 79 N.M. 557, 445 P.2d 978.
Violation to register vehicle under false or fictitious name.
— In the event a person, be he minor or adult, registered a motor vehicle under a false or fictitious name, he was in violation of this section's predecessor and may be prosecuted for that violation under said law. 1953 Op. Att'y Gen. No. 53-5654.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 7A Am. Jur. 2d Automobiles and Highway Traffic § 93.
61A C.J.S. Motor Vehicles §§ 588, 594.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 8 - Crimes, Penalties and Procedure › Part 1 - OFFENSES RELATING TO REGISTRATION › Section 66-8-1.1 - Fraud related to the issuance of documents by the department; penalties.

A. It is a felony for a department employee or private retail agent or other contractor of the department to:
(1) knowingly issue an identification card, driver's license, driving authorization card, vehicle or vessel registration or vehicle or vessel title to a person who is not lawfully entitled to issuance of that document;
(2) knowingly accept and use fraudulent documents as a basis for issuing an identification card, driver's license, driving authorization card, vehicle or vessel registration or vehicle or vessel title;
(3) knowingly alter a record of an identification card, driver's license, driving authorization card, vehicle or vessel registration or vehicle or vessel title without legal justification; or
(4) solicit or accept, directly or indirectly, anything of value with the intent to influence a decision or action on an identification card, a driver's license, a driving authorization card, a vehicle or vessel registration or a vehicle or vessel title.
B. A person convicted of violating this section is guilty of a fourth degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978.
History:
Laws 2007, ch. 319, § 65; 2016, ch. 79, § 14.
ANNOTATIONS
The 2016 amendment,
effective May 18, 2016, established that existing criminal fraud penalties applicable to the issuance of a driver's license or identification card are extended to driving authorization cards; in the catchline, after "Fraud", deleted "in obtaining documents issued" and added "related to the issuance of documents", after "by the", deleted "division; penalty" and added "department; penalties"; in Subsection A, in the introductory sentence, after "It is a felony for a", deleted "person" and added "department employee or private retail agent or other contractor of the department", and in Paragraphs (1), (2), (3) and (4), after "driver's license", added "driving authorization card".
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 8 - Crimes, Penalties and Procedure › Part 1 - OFFENSES RELATING TO REGISTRATION › Section 66-8-2 - Improper use of evidences of registration.

No person shall lend to another any certificate of title, registration evidence, registration plate, special plate, validating sticker or permit issued to him if the person desiring to borrow the same would not be entitled to the use thereof, nor shall any person knowingly permit the use of any of the same by one not entitled thereto, nor shall any person display upon a vehicle any registration evidence, registration plate, validating sticker or permit not issued for such vehicle or not otherwise lawfully used thereon under the Motor Vehicle Code [66-1-1 NMSA 1978].
History:
1953 Comp., § 64-8-2, enacted by Laws 1978, ch. 35, § 500.
ANNOTATIONS
Cross references.
— For the penalty for violation of any provision of the Motor Vehicle Code,
see
66-8-7 NMSA 1978.
New Mexico limits lawful use of dealer plates
to certain circumstances. Gross v. Pirtle, 245 F.3d 1151 (10th Cir. 2004)
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 7A Am. Jur. 2d Automobiles and Highway Traffic §§ 94, 95.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 8 - Crimes, Penalties and Procedure › Part 1 - OFFENSES RELATING TO REGISTRATION › Section 66-8-3 - False evidences of title and registration.

It is a felony for any person to commit any of the following acts:
A. to alter with fraudulent intent any certificate of title, registration evidence, registration plate, validating sticker or permit issued by the division;
B. to forge or counterfeit any such document or plate purporting to have been issued by the division;
C. to alter or falsify with fraudulent intent or to forge any assignment upon a certificate of title; or
D. to hold or use any such document or plate, knowing the same to have been so altered, forged or falsified.
History:
1953 Comp., § 64-8-3, enacted by Laws 1978, ch. 35, § 501.
ANNOTATIONS
Cross references.
— For the penalty for violation of any provision of the Motor Vehicle Code,
see
66-8-7 NMSA 1978.
Jury instructions.
— There is a "knowing" requirement in subsection (D) of this section. The essential elements of the crime defined are that the accused knew that the registration plate held or used by him had been altered, forged or falsified with fraudulent intent. A jury instruction should require the jury to find that defendant knew the registration plate had been "so" altered or altered with fraudulent intent.
Ortiz v. State
, 1988-NMSC-008, 106 N.M. 695, 749 P.2d 80.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 60 C.J.S. Motor Vehicles § 101; 61A C.J.S. Motor Vehicles § 588.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 8 - Crimes, Penalties and Procedure › Part 1 - OFFENSES RELATING TO REGISTRATION › Section 66-8-3.1 - Motor vehicle brokering; exceptions.

A. No person shall broker a motor vehicle unless:
(1) the manufacturer's certificate of origin has been surrendered to the appropriate registration authority prior to brokering;
(2) the person has an enforceable contractual right of delivery with the manufacturer of the vehicle or his representative; or
(3) the manufacturer's certificate of origin is or will be assigned to a person described in Paragraph (2) of this subsection as the result of the transaction.
B. The provision of Subsection A of this section shall not apply to a person holding a dealer's license on January 1, 1991 if:
(1) the ownership of the business for which the person holds the license remains the same as the ownership was on January 1, 1991;
(2) any change in ownership is the result of devise, bequest, intestate succession or a transfer between persons related within the fourth degree of consanguinity or affinity;
(3) any change in ownership is the result of a corporate or other business reorganization and at least fifty-one percent of the beneficial ownership or voting control remains in the same person; or
(4) after all stock transfers, fifty-one percent of the beneficial ownership or voting control remains in any person or persons owning stock on January 1, 1991.
C. For the purpose of this section, the change in ownership of any corporation shall be deemed a change in ownership of any subsidiary corporation pro rata to the extent of the ownership of the subsidiary.
D. Nothing in this section shall prohibit the activities of:
(1) receivers, trustees, administrators, executors, guardians or other persons appointed by or acting under judgment, decree or order or any court;
(2) public officers while performing their duties as such officers;
(3) persons making casual sales of their own vehicles;
(4) finance companies, banks and other lending institutions making sales of repossessed vehicles;
(5) licensed brokers under the Manufactured Housing Act [Chapter 60, Article 14 NMSA 1978] who, for a fee, commission or other valuable consideration, engage in brokerage activities related to the sale, exchange or lease purchase of pre-owned manufactured homes on a site installed for a consumer;
(6) persons who receive no compensation, profit or other valuable consideration as a result of the transaction; or
(7) persons providing advertising services through newspapers, magazines, television, radio or other advertising media if they are only disseminating an advertisement paid for by another.
E. For the purposes of this section, "broker" means selling, offering for sale, advertising for sale, negotiating or acting as agent in the sale of, or advertising to negotiate or act as agent in the sale of a motor vehicle.
History:
Laws 1991, ch. 179, § 1.
ANNOTATIONS
Severability clauses.
— Laws 1991, ch. 179, § 2 provided for the severability of the act if any part or application thereof is held invalid.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 8 - Crimes, Penalties and Procedure › Part 1 - OFFENSES RELATING TO REGISTRATION › Section 66-8-4 - Authority of division to suspend or revoke a registration.

The division may suspend or revoke the registration of a vehicle or a certificate of title, registration evidence, or registration plate or any nonresident permit or other permit in any of the following events:
A. when the division is satisfied that such registration or that such certificate, card, plate or permit was fraudulently or erroneously issued;
B. when the division determines that a registered vehicle is mechanically unfit or unsafe to be operated or moved upon the highways;
C. when a registered vehicle has been dismantled or wrecked;
D. when the division determines that the required fee has not been paid and the same is not paid upon reasonable notice and demand;
E. when a registration evidence, registration plate, or permit is knowingly displayed upon a vehicle other than the one for which issued;
F. when the division determines that the owner has committed any offense under the Motor Vehicle Code [66-1-1 NMSA 1978] involving the registration, or the certificate, registration evidence, plate or permit; or
G. when the division is so authorized under any other provision of law.
History:
1953 Comp., § 64-8-4, enacted by Laws 1978, ch. 35, § 502.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 7A Am. Jur. 2d Automobiles and Highway Traffic § 90.
What amounts to reckless driving of motor vehicle within statute making such a criminal offense, 52 A.L.R.2d 1337.
60 C.J.S. Motor Vehicles §§ 129, 130.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 8 - Crimes, Penalties and Procedure › Part 1 - OFFENSES RELATING TO REGISTRATION › Section 66-8-5 - Suspending or revoking certificate or special plates of a manufacturer, dealer or auto recycler.

The division may suspend or revoke a certificate or the special plate issued to a manufacturer, dealer or auto recycler upon determining that the person is not lawfully entitled thereto or has made or knowingly permitted any illegal use of such plate or has committed fraud in the registration of vehicles.
History:
1953 Comp., § 64-8-5, enacted by Laws 1978, ch. 35, § 503; 2005, ch. 324, § 20.
ANNOTATIONS
Cross references.
— For special plates,
see
66-3-401 NMSA 1978 et seq.
The 2005 amendment,
effective January 1, 2006, changed "wrecker of vehicles" to "auto recycler".
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 60 Am. Jur. 2d Motor Vehicles §§ 129 to 134.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 8 - Crimes, Penalties and Procedure › Part 1 - OFFENSES RELATING TO REGISTRATION › Section 66-8-6 - Owner to return evidences of registration upon cancellation, suspension or revocation.

Whenever the division cancels, suspends or revokes the registration of a vehicle, or a certificate of title, registration evidence, or registration plate, or any nonresident permit or other permit, or the license of any dealer or wrecker, the owner or person in possession of the same shall immediately return all evidences of registration, title or license so cancelled, suspended or revoked to the division.
History:
1953 Comp., § 64-8-6, enacted by Laws 1978, ch. 35, § 504.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 8 - Crimes, Penalties and Procedure › Part 1 - OFFENSES RELATING TO REGISTRATION › Section 66-8-8 - Sunday actions.

Judicial proceedings under any provision of the Motor Vehicle Code [66-1-1 NMSA 1978] are valid when performed on Sunday, the same as on other days of the week.
History:
1953 Comp., § 64-8-8, enacted by Laws 1978, ch. 35, § 506.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 8 - Crimes, Penalties and Procedure › Part 1 - OFFENSES RELATING TO REGISTRATION › Section 66-8-9 - Penalty for felony.

Any person convicted of violating any provision of the Motor Vehicle Code [66-1-1 NMSA 1978] declared a felony, and punishment is not specified, is guilty of a fourth degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978.
History:
Laws 1978, ch. 35, § 507; 1981, ch. 12, § 1.
ANNOTATIONS
Legislative history of section.
State v. Barela
, 1980-NMCA-092, 95 N.M. 349, 622 P.2d 254,
overruled on other grounds by
State v. Yazzie
, 1993-NMCA-101, 116 N.M. 83, 860 P.2d 213.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 61A C.J.S. Motor Vehicles § 594.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 8 - Crimes, Penalties and Procedure › Part 1 - OFFENSES RELATING TO REGISTRATION › Section 66-8-10 - Duplicate or replacement registration plate; citation; failure to comply.

Any motor vehicle owner who has been issued a citation for an illegible registration plate and who fails to comply with the terms of the citation requiring the acquisition of a duplicate or replacement plate within thirty days of the date of the citation is guilty of a misdemeanor.
History:
1953 Comp., § 64-8-10, enacted by Laws 1978, ch. 35, § 508.
ANNOTATIONS
Cross references.
— For authority of officer to issue citation for illegible registration plate,
see
66-3-17 NMSA 1978.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 8 - Crimes, Penalties and Procedure › Part 2 - TRAFFIC OFFENSES › Section 66-8-101.1 - Injury to pregnant woman by vehicle.

A. Injury to pregnant woman by vehicle is injury to a pregnant woman by a person other than the woman in the unlawful operation of a motor vehicle causing her to suffer a miscarriage or stillbirth as a result of that injury.
B. As used in this section:
(1) "miscarriage" means the interruption of the normal development of the fetus, other than by a live birth and which is not an induced abortion, resulting in the complete expulsion or extraction from a pregnant woman of a product of human conception; and
(2) "stillbirth" means the death of a fetus prior to the complete expulsion or extraction from its mother, irrespective of the duration of pregnancy and which is not an induced abortion; and death is manifested by the fact that after the expulsion or extraction the fetus does not breathe spontaneously or show any other evidence of life such as heartbeat, pulsation of the umbilical cord or definite movement of voluntary muscles.
C. Any person who commits injury to pregnant woman by vehicle while under the influence of intoxicating liquor or while under the influence of any drug or while violating Section 66-8-113 NMSA 1978 is guilty of a third degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978, provided that violation of speeding laws as set forth in the Motor Vehicle Code [66-1-1 NMSA 1978] shall not per se be a basis for violation of Section 66-8-113 NMSA 1978.
History:
Laws 1985, ch. 239, § 2.
ANNOTATIONS
Cross references.
— For injury to pregnant woman,
see
30-3-7 NMSA 1978.
No merger with offense of vehicular homicide.
— The offense of vehicular homicide does not merge with the offense of injury to a pregnant woman because the two statutory offenses require proof of different facts.
State v. Begay
, 1987-NMCA-025, 105 N.M. 498, 734 P.2d 278.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 8 - Crimes, Penalties and Procedure › Part 2 - TRAFFIC OFFENSES › Section 66-8-102.1 - Guilty pleas; limitations.

Where the complaint or information alleges a violation of Section 66-8-102 NMSA 1978, any plea of guilty thereafter entered in satisfaction of the charges shall include at least a plea of guilty to the violation of one of the subsections of Section 66-8-102 NMSA 1978, and no other disposition by plea of guilty to any other charge in satisfaction of the charge shall be authorized if the results of a test performed pursuant to the Implied Consent Act [66-8-105 to 66-8-112 NMSA 1978] disclose that the blood or breath of the person charged contains an alcohol concentration of:
A. eight one hundredths or more; or
B. four one hundredths or more if the person charged is driving a commercial motor vehicle.
History:
Laws 1982, ch. 102, § 2; 1984, ch. 72, § 4; 1993, ch. 66, § 8; 2003, ch. 51, § 11; 2003, ch. 90, § 4.
ANNOTATIONS
The 2003 amendment,
effective March 28, 2003, added the Subsection A designation and added Subsection B.
Duplicate amendments.
— Laws 2003, ch. 51, § 11 and Laws 2003, ch. 90, § 4 enacted identical amendments to 66-8-102.1 NMSA 1978. The section is set out as amended by Laws 2003, ch. 90, § 4.
See
12-1-8 NMSA 1978.
The 1993 amendment,
effective January 1, 1994, substituted "shall include" for "must include" near the beginning, inserted "or breath" following "blood", substituted the language beginning "an alcohol concentration" for "at least ten one hundredths of one percent by weight of alcohol" at the end, and made a minor stylistic change.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 8 - Crimes, Penalties and Procedure › Part 2 - TRAFFIC OFFENSES › Section 66-8-102.2 - Municipal and county ordinances; unlawful alcohol concentration level for driving while under the influence of intoxicating liquor or drugs.

No municipal or county ordinance prohibiting driving while under the influence of intoxicating liquor or drugs shall be enacted that provides for an unlawful alcohol concentration level that is different than the alcohol concentration levels provided in Subsections C and D of Section 66-8-102 NMSA 1978.
History:
Laws 1993, ch. 66, § 16.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 8 - Crimes, Penalties and Procedure › Part 2 - TRAFFIC OFFENSES › Section 66-8-102.4 - Uniform police reports and procedures for DWI arrests.

A. The department of public safety, in collaboration with the motor vehicle division of the taxation and revenue department and the traffic safety bureau of the department of transportation, shall develop and periodically review and update standard arrest reports and procedures to be used by law enforcement officers when making an arrest for a violation of the provisions of Section 66-8-102 NMSA 1978 or similar municipal or county ordinances.
B. A law enforcement officer making an arrest for a violation of the provisions of Section 66-8-102 NMSA 1978 or of similar municipal or county ordinances shall use the standard arrest reports and procedures developed and approved by the department of public safety in accordance with the provisions of Subsection A of this section.
History:
Laws 2005, ch. 269, § 8.
ANNOTATIONS
Effective dates.
— Laws 2005, ch. 269 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 17, 2005, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 8 - Crimes, Penalties and Procedure › Part 2 - TRAFFIC OFFENSES › Section 66-8-102.5 - Driving while intoxicated with a minor in the vehicle; penalty.

A. Driving while intoxicated with a minor in the vehicle consists of a person committing a violation of Section 66-8-102 NMSA 1978 when a minor is in the vehicle and when the minor does not suffer great bodily harm or death. Whoever commits driving while intoxicated with a minor in the vehicle is guilty of a misdemeanor.
B. A charge for a violation of Subsection A of this section shall be in addition to a charge for the violation of Section 66-8-102 NMSA 1978 and shall be punished as a separate offense.
C. As used in this section, "minor" means an individual who is younger than thirteen years of age.
History:
Laws 2019, ch. 79, § 1.
ANNOTATIONS
Effective dates.
— Laws 2019, ch. 79, § 2 made Laws 2019, ch. 79, § 1 effective July 1, 2019.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 8 - Crimes, Penalties and Procedure › Part 2 - TRAFFIC OFFENSES › Section 66-8-104 - Blood-alcohol tests; police, judicial or probation officer unauthorized to make arrest or direct test except in performance of official duties authorized by law.

Nothing in Sections 66-8-103 or 66-8-104 NMSA 1978 is intended to authorize any police officer, or any judicial or probation officer, to make any arrest or to direct the performance of a blood-alcohol test, except in the performance of his official duties and as otherwise authorized by law.
History:
1953 Comp., § 64-8-104, enacted by Laws 1978, ch. 35, § 512.
ANNOTATIONS
Cross references.
— For promulgation and approval of methods to test persons operating motor vehicle under influence of drugs or alcohol,
see
24-1-22 NMSA 1978.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 8 - Crimes, Penalties and Procedure › Part 2 - TRAFFIC OFFENSES › Section 66-8-106 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1990, ch. 120, § 45 repealed 66-8-106 NMSA 1978, as enacted by Laws 1978, ch. 35, § 514, relating to definition of "director", effective July 1, 1990. For provisions of former section,
see
the 1989 NMSA 1978 on
NMOneSource.com.
For present comparable provisions,
see
66-1-4.4 NMSA 1978.