reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 5 - Licensing of Operators and Chauffeurs; Financial Responsibility; Uninsured Motorists' Insurance; Identification Cards › Part 3 - FINANCIAL RESPONSIBILITY › Section 66-5-233 - Affirmation form.

The affirmation of financial responsibility required under Sections 66-5-208, 66-5-225 and 66-5-226 NMSA 1978 shall be in a form prescribed by the department and shall require an applicant to provide such information as may be required by the department. If a person affirms the existence of a motor vehicle insurance policy, the affirmation form shall require him to report at least the name of the insurer issuing the policy and the policy number.
History:
1978 Comp., § 66-5-233, enacted by Laws 1983, ch. 318, § 32; 1998, ch. 34, § 15.
ANNOTATIONS
Recompilations.
— Laws 1983, ch. 318, § 23, recompiled former 66-5-233 NMSA 1978, relating to construction of the Mandatory Financial Responsibility Act so as not to affect other policies, as 66-5-224 NMSA 1978, effective January 1, 1984.
The 1998 amendment,
effective July 1, 1998, substituted "department" for "division" twice and substituted "insurance" for "liability policy or certified motor vehicle liability" following "motor vehicle" in the last sentence.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 5 - Licensing of Operators and Chauffeurs; Financial Responsibility; Uninsured Motorists' Insurance; Identification Cards › Part 3 - FINANCIAL RESPONSIBILITY › Section 66-5-234 - Registration; application and renewal.

A. The department shall indicate in boldface print on every new application form for registration and every registration form that the owner of the motor vehicle affirms that he is financially responsible within the meaning of the Mandatory Financial Responsibility Act. The payment of the registration fee and acceptance by the department of the application for registration shall be affirmation by the owner of the registered vehicle that he has complied with the requirements of that act.
B. The department shall not renew the registration of a motor vehicle unless the owner of the motor vehicle affirms the existence of a motor vehicle insurance policy covering the motor vehicle or the existence of some other means of satisfying the financial responsibility requirements of the Mandatory Financial Responsibility Act for the motor vehicle.
History:
1978 Comp., § 66-5-234, enacted by Laws 1983, ch. 318, § 33; 1998, ch. 34, § 16.
ANNOTATIONS
Recompilations.
— Laws 1983, ch. 318, § 24, recompiled former 66-5-234 NMSA 1978, relating to bond as proof, as 66-5-225 NMSA 1978, effective January 1, 1984.
The 1998 amendment,
effective July 1, 1998, substituted "department" for "division" throughout the section and in Subsection B, substituted "insurance" for "liability policy or certified motor vehicle liability" preceding "policy".
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 5 - Licensing of Operators and Chauffeurs; Financial Responsibility; Uninsured Motorists' Insurance; Identification Cards › Part 3 - FINANCIAL RESPONSIBILITY › Section 66-5-235 - False affirmation; violation.

When the department has reasonable grounds to believe that a person is operating a motor vehicle in violation of Section 66-5-205 NMSA 1978 or has falsely affirmed the existence of a motor vehicle insurance policy or the existence of some other means of satisfying the financial responsibility requirements of the Mandatory Financial Responsibility Act, the department shall demand satisfactory evidence from the person that the person meets the requirements of that act as provided in Section 66-5-233 NMSA 1978. If the person cannot provide evidence of financial responsibility within twenty days after receipt of the department's demand for satisfactory proof of financial responsibility, the department may suspend the person's registration as provided in Section 66-5-236 NMSA 1978.
History:
1978 Comp., § 66-5-235, enacted by Laws 1983, ch. 318, § 34; 1989, ch. 235, § 1; 1991, ch. 192, § 4; 1998, ch. 34, § 17.
ANNOTATIONS
Repeals and reenactments.
— Laws 1983, ch. 318, § 34, repealed former 66-5-235 NMSA 1978, relating to when a bond shall constitute the lien, and enacts the above section.
The 1998 amendment,
effective July 1, 1998, in the first sentence, substituted "department" for "division" twice and substituted "insurance" for "liability policy, a certified motor vehicle liability"; and in the second sentence, substituted "department's" for "division's" and substituted "department may suspend the person's registration as provided in Section 66-5-236 NMSA 1978" for "division may notify the district attorney of the county in which the person resides of the division's belief that violations of the Mandatory Financial Responsibility Act were or are being committed by that person".
The 1991 amendment,
effective June 14, 1991, deleted "penalties" at the end of the catchline; deleted former Subsection B, which read "Any person who violates Section 66-5-205 NMSA 1978 is guilty of a misdemeanor and upon conviction shall be sentenced to a fine not to exceed three hundred dollars ($300)"; and made a related stylistic change.
The 1989 amendment,
effective June 16, 1989, added "penalties" to the catchline, designated the formerly undesignated provisions as Subsection A, and added Subsection B.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 5 - Licensing of Operators and Chauffeurs; Financial Responsibility; Uninsured Motorists' Insurance; Identification Cards › Part 3 - FINANCIAL RESPONSIBILITY › Section 66-5-236 - Suspension for nonpayment of judgment or for false affirmation.

A. Except as otherwise provided, the secretary shall suspend:
(1) the motor vehicle registration for all motor vehicles and the driver's license of any person against whom a judgment has been rendered, the department being in receipt of a certified copy of the judgment on a form provided by the department; or
(2) the registration for a period not to exceed one year of a person who is operating a motor vehicle in violation of Section 66-5-205 NMSA 1978 or falsely affirms the existence of a motor vehicle insurance policy or some other means of satisfying the financial responsibility requirements of the Mandatory Financial Responsibility Act, but only if evidence of financial responsibility is not submitted within twenty days after the date of the mailing of the department's demand for that evidence. The department shall notify the person that the person may request a hearing before the administrative hearings office within twenty days after the date of the mailing of the department's demand.
B. The registration shall remain suspended and shall not be renewed, nor shall any registration be issued thereafter in the name of that person, unless and until every judgment is stayed, satisfied in full or to the extent provided in the Mandatory Financial Responsibility Act and evidence of financial responsibility as required in Section 66-5-218 NMSA 1978 is provided to the department.
History:
1978 Comp., § 66-5-236, enacted by Laws 1983, ch. 318, § 35; 1998, ch. 34, § 18; 2015, ch. 73, § 33.
ANNOTATIONS
Repeals and reenactments.
— Laws 1983, ch. 318, § 35, repealed former 66-5-236 NMSA 1978, relating to action on bond, and enacts the above section.
The 2015 amendment,
effective July 1, 2015, entitled a licensee whose license has been suspended, because of an outstanding judgment or for failing to comply with the Mandatory Financial Responsibility Act, the right to a hearing before the administrative hearings office; and in Subsection A, Paragraph (2), after "the department's demand", deleted "therefor" and added "for that evidence", after "notify the person that", deleted "he" and added "the person", after "may request a hearing", added "before the administrative hearings office", and after "department's demand", deleted "as provided under this subsection".
The 1998 amendment,
effective July 1, 1998, substituted "department" for "division" throughout the section; in Subsection A, substituted "secretary" for "director"; in Paragraph A(2), substituted "insurance" for "liability policy, a certified motor vehicle liability", "twenty" for "thirty" and "department's" for "division's" twice, and made minor stylistic changes.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 5 - Licensing of Operators and Chauffeurs; Financial Responsibility; Uninsured Motorists' Insurance; Identification Cards › Part 3 - FINANCIAL RESPONSIBILITY › Section 66-5-237 - Past application of act.

The Mandatory Financial Responsibility Act does not apply with respect to any accident or judgment arising therefrom or violation of the motor vehicle laws of New Mexico occurring prior to January 1, 1984.
History:
1953 Comp., § 64-5-247, enacted by Laws 1978, ch. 35, § 323; 1978 Comp., § 66-5-247, recompiled as § 66-5-237 by Laws 1983, ch. 318, § 36.
ANNOTATIONS
Recompilations.
— Laws 1983, ch. 318, § 25, recompiled former 66-5-237 NMSA 1978, relating to money or securities as proof, as 66-5-226 NMSA 1978, effective January 1, 1984.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 5 - Licensing of Operators and Chauffeurs; Financial Responsibility; Uninsured Motorists' Insurance; Identification Cards › Part 3 - FINANCIAL RESPONSIBILITY › Section 66-5-238 - Act not to prevent other process.

Nothing in the Mandatory Financial Responsibility Act shall be construed to prevent the plaintiff in any action at law from relying for relief upon the other processes provided by law.
History:
1953 Comp., § 64-5-248, enacted by Laws 1978, ch. 35, § 324; 1978 Comp., § 66-5-248, recompiled as § 66-5-238 by Laws 1983, ch. 318, § 37.
ANNOTATIONS
Recompilations.
— Laws 1983, ch. 318, § 26, recompiled former 66-5-238 NMSA 1978, relating to application of deposit, as 66-5-227 NMSA 1978, effective January 1, 1984.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 5 - Licensing of Operators and Chauffeurs; Financial Responsibility; Uninsured Motorists' Insurance; Identification Cards › Part 3 - FINANCIAL RESPONSIBILITY › Section 66-5-239 - No civil liability.

No civil liability shall accrue to the division or any of its employees for reports made in good faith based on the most recent information available to the division.
History:
1978 Comp., § 66-5-239, enacted by Laws 1983, ch. 318, § 38.
ANNOTATIONS
Repeals and reenactments.
— Laws 1983, ch. 318, § 38, repealed former 66-5-239 NMSA 1978, relating to owner of a motor vehicle giving proof for others, and enacts the above section.
Severability clauses.
— Laws 1983, ch. 318, § 45, 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 5 - Licensing of Operators and Chauffeurs; Financial Responsibility; Uninsured Motorists' Insurance; Identification Cards › Part 3 - FINANCIAL RESPONSIBILITY › Section 66-5-240 - Recompiled.

ANNOTATIONS
Recompilations.
— Laws 1983, ch. 318, § 27, recompiled 66-5-240 NMSA 1978, relating to substitution of proof, as 66-5-228 NMSA 1978, effective January 1, 1984.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 5 - Licensing of Operators and Chauffeurs; Financial Responsibility; Uninsured Motorists' Insurance; Identification Cards › Part 3 - FINANCIAL RESPONSIBILITY › Section 66-5-241 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1983, ch. 318, § 43, repealed 66-5-241 NMSA 1978, as enacted by Laws 1978, ch. 35, § 317, relating to other proof of financial responsibility, effective January 1, 1984.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 5 - Licensing of Operators and Chauffeurs; Financial Responsibility; Uninsured Motorists' Insurance; Identification Cards › Part 3 - FINANCIAL RESPONSIBILITY › Section 66-5-242 - Recompiled.

ANNOTATIONS
Recompilations.
— Laws 1983, ch. 318, § 28, recompiled 66-5-242 NMSA 1978, relating to duration of proof and when proof may be canceled or returned, as 66-5-229 NMSA 1978, effective January 1, 1984.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 5 - Licensing of Operators and Chauffeurs; Financial Responsibility; Uninsured Motorists' Insurance; Identification Cards › Part 3 - FINANCIAL RESPONSIBILITY › Section 66-5-243 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1983, ch. 318, § 43, repealed 66-5-243 NMSA 1978, as enacted by Laws 1978, ch. 35, § 319, relating to transfer of registrations to defeat purpose of the Financial Responsibility Act, effective January 1, 1984.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 5 - Licensing of Operators and Chauffeurs; Financial Responsibility; Uninsured Motorists' Insurance; Identification Cards › Part 3 - FINANCIAL RESPONSIBILITY › Section 66-5-244 - Recompiled.

ANNOTATIONS
Recompilations.
— Laws 1983, ch. 318, § 29, recompiled 66-5-244 NMSA 1978, relating to surrender of license and registration, as 66-5-230 NMSA 1978, effective January 1, 1984.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 5 - Licensing of Operators and Chauffeurs; Financial Responsibility; Uninsured Motorists' Insurance; Identification Cards › Part 3 - FINANCIAL RESPONSIBILITY › Section 66-5-245 - Recompiled.

ANNOTATIONS
Recompilations.
— Laws 1983, ch. 318, § 30, recompiled 66-5-245 NMSA 1978, relating to forged proof, as 66-5-231 NMSA 1978, effective January 1, 1984.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 5 - Licensing of Operators and Chauffeurs; Financial Responsibility; Uninsured Motorists' Insurance; Identification Cards › Part 3 - FINANCIAL RESPONSIBILITY › Section 66-5-246 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1983, ch. 318, § 43, repealed 66-5-246 NMSA 1978, as enacted by Laws 1978, ch. 35, § 322, relating to self-insurers, effective January 1, 1984.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 5 - Licensing of Operators and Chauffeurs; Financial Responsibility; Uninsured Motorists' Insurance; Identification Cards › Part 3 - FINANCIAL RESPONSIBILITY › Section 66-5-247 - Recompiled.

ANNOTATIONS
Recompilations.
— Laws 1983, ch. 318, § 36, recompiled 66-5-247 NMSA 1978, relating to past application of the Mandatory Financial Responsibility Act, as 66-5-237 NMSA 1978, effective January 1, 1984.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 5 - Licensing of Operators and Chauffeurs; Financial Responsibility; Uninsured Motorists' Insurance; Identification Cards › Part 3 - FINANCIAL RESPONSIBILITY › Section 66-5-248 - Recompiled.

ANNOTATIONS
Recompilations.
— Laws 1983, ch. 318, § 37, recompiled 66-5-248 NMSA 1978, relating to construction of the Financial Responsibility Act so as not to prevent other process, as 66-5-238 NMSA 1978, effective January 1, 1984.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 5 - Licensing of Operators and Chauffeurs; Financial Responsibility; Uninsured Motorists' Insurance; Identification Cards › Part 3 - FINANCIAL RESPONSIBILITY › Section 66-5-249 to 66-5-277 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1983, ch. 318, § 44, repealed 66-5-249 to 66-5-277 NMSA 1978, as enacted by Laws 1981, ch. 356, §§ 1 to 29, the Financial Security Act, effective May 18, 1983. For present provisions,
see
66-5-201 NMSA 1978 et seq.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 5 - Licensing of Operators and Chauffeurs; Financial Responsibility; Uninsured Motorists' Insurance; Identification Cards › Part 4 - UNINSURED MOTORISTS' INSURANCE › Section 66-5-302 - Uninsured motorist; payment of arbitration fee.

No arbitrator shall require the payment of a fee in advance of the arbitration of any controversy arising under an uninsured motorist provision of a motor vehicle or automobile liability insurance policy. The arbitrator may award the costs of arbitration to the prevailing party.
History:
1953 Comp., § 64-24-106, enacted by Laws 1969, ch. 18, § 3; recompiled as 1953 Comp., § 64-5-302, by Laws 1978, ch. 35, § 326.
ANNOTATIONS
Apportionment of arbitration costs.
— The uninsured motorists' insurance statute and the New Mexico Arbitration Act are not in a state of repugnant conflict on the issue of apportionment of arbitration costs. The Arbitration Act merely encompasses the uninsured motorists' insurance statute; it allows the arbitrator to award costs of arbitration to the prevailing party (as does the uninsured motorists' insurance statute), unless the parties contract to award it in some other way.
Stinbrink v. Farmers Ins. Co.
, 1990-NMSC-108, 111 N.M. 179, 803 P.2d 664.
Insurance policy may not require each party to bear own arbitration costs.
— An insurance policy may not mandate that each party bear its own arbitration costs because the statute provides that an arbitrator may award costs of the arbitration to the prevailing party.
Stinbrink v. Farmers Ins. Co.
, 1990-NMSC-108, 111 N.M. 179, 803 P.2d 664.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 7 Am. Jur. 2d Automobile Insurance §§ 336 to 338.
What issues are arbitrable under arbitration provision of uninsured motorist insurance, 29 A.L.R.3d 328.
61A C.J.S. Motor Vehicles § 563.19.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 5 - Licensing of Operators and Chauffeurs; Financial Responsibility; Uninsured Motorists' Insurance; Identification Cards › Part 4 - UNINSURED MOTORISTS' INSURANCE › Section 66-5-303 - Uninsured motorist; judicial review [of] arbitration award.

After a party to an arbitration proceeding involving an uninsured motorist receives notice of an award, the party may make a motion to the district court for an order confirming the award, at which time the court shall issue a confirming order unless the award is modified or corrected pursuant to Section 44-7A-21 or 44-7A-25 NMSA 1978 or is vacated pursuant to Section 44-7A-24 NMSA 1978.
History:
1978 Comp., § 66-5-303, enacted by Laws 2003, ch. 427, § 1.
ANNOTATIONS
Cross references.
— For procedures governing administrative appeals to the district court,
see
Rule 1-074 NMRA.
Repeals and reenactments.
— Laws 2003, ch. 427, § 1 repealed 66-5-303 NMSA 1978, as enacted by Laws 1969, ch. 18, § 4, and enacted a new section, effective June 20, 2003.
Unilateral demand not sufficient where policy requires bilateral agreement.
— New Mexico law does not require arbitration of an uninsured motorist claim upon the unilateral demand of either the insurer or the insured where the insurance policy states that disputes regarding whether the insured is entitled to receive payment under the policy, or the amount of payment due, will be submitted to arbitration only if both the insurer and insured consent.
McMillian v. Allstate Indem. Co.
, 2004-NMSC-002, 135 N.M. 17, 84 P.3d 65.
Binding arbitration not compelled.
— Where the uninsured motorist endorsement provides for arbitration only upon the consent of both parties, and where the superintendent of insurance has approved such an endorsement, New Mexico law does not compel binding arbitration.
McMillian v. Allstate Indem. Co.
, 2004-NMSC-002, 135 N.M. 17, 84 P.3d 65.
Arbitration provision providing for limited de novo appeal substantively unconscionable.
— The limited de novo appeal provision in an insurance contract, providing for mandatory arbitration which would be binding on both parties for any award of damages not exceeding the limits of the Mandatory Financial Responsibility Act but providing for de novo appeal by either party of awards over that amount, violates public policy and is void as substantively unconscionable.
Padilla v. State Farm Mut. Auto. Ins. Co.
, 2003-NMSC-011, 133 N.M. 661, 68 P.3d 901.
Law reviews.
— For note, "Uninsured Motorist Arbitration," see 3 N.M.L. Rev. 220 (1973).
Am. Jur. 2d, A.L.R. and C.J.S. references.
— Validity and enforceability of provisions for binding arbitration, and waiver thereof, 24 A.L.R.3d 1325.
Uninsured and underinsured motorist coverage: enforceability of policy provision limiting appeals from arbitration, 23 A.L.R.5th 801.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 5 - Licensing of Operators and Chauffeurs; Financial Responsibility; Uninsured Motorists' Insurance; Identification Cards › Part 5 - IDENTIFICATION CARDS › Section 66-5-402 - Persons eligible for identification cards.

The department may issue an identification card only to a person who is a New Mexico resident and who does not have a valid New Mexico license.
History:
1953 Comp., § 64-5-402, enacted by Laws 1978, ch. 35, § 329; 1987, ch. 10, § 1; 1993, ch. 328, § 3; 1999, ch. 76, § 4; 2016, ch. 79, § 10.
ANNOTATIONS
The 2016 amendment,
effective May 18, 2016, removed certain eligibility requirements for persons applying for identification cards; after "The department", deleted "shall" and added "may", deleted the subsection designation "A", after "who does not have a valid New Mexico", deleted "driver's", after "license", deleted the remainder of former Subsection A; and deleted Subsection B.
The 1999 amendment,
effective July 1, 1999, substituted "or its certified copy, a certificate of baptism, a valid passport" for "a certificate of baptism" in Subsection A.
The 1993 amendment,
effective July 1, 1993, substituted "department" for "division" in the introductory language and "that the department" for "which the director" in Subsection A.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 5 - Licensing of Operators and Chauffeurs; Financial Responsibility; Uninsured Motorists' Insurance; Identification Cards › Part 5 - IDENTIFICATION CARDS › Section 66-5-404 - Duplicate cards.

In the event an identification card issued pursuant to Section 66-5-402 NMSA 1978 is lost, stolen, destroyed or mutilated or a name or address is changed, the person to whom the identification card was issued may obtain a replacement upon furnishing satisfactory proof of age and identity to the department and paying the required fee. Any person who loses an identification card and who after obtaining a replacement finds the original card shall immediately surrender the original card to the department. The same documentary evidence shall be furnished for a replacement as for an original identification card.
History:
1953 Comp., § 64-5-404, enacted by Laws 1978, ch. 35, § 331; 1999, ch. 76, § 5.
ANNOTATIONS
Cross references.
— For the required fee,
see
66-5-408 NMSA 1978.
The 1999 amendment,
effective July 1, 1999, in three places substituted "department" for "division" and "replacement" for "duplicate"; in the first sentence inserted "issued pursuant to Section 66-5-402 NMSA 1978", inserted "stolen", substituted "a name or address is changed" for "a new name is acquired", and substituted "age and identity" for "such fact"; and made minor stylistic changes.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 5 - Licensing of Operators and Chauffeurs; Financial Responsibility; Uninsured Motorists' Insurance; Identification Cards › Part 5 - IDENTIFICATION CARDS › Section 66-5-406 - Public entities; no liability.

No public entity shall be liable for any loss or injury resulting directly or indirectly from false or inaccurate information contained in identification cards issued by the motor vehicle division.
History:
1953 Comp., § 64-5-406, enacted by Laws 1978, ch. 35, § 333.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 5 - Licensing of Operators and Chauffeurs; Financial Responsibility; Uninsured Motorists' Insurance; Identification Cards › Part 5 - IDENTIFICATION CARDS › Section 66-5-407 - Reliance upon information.

No person shall be held responsible in a court of law for any act or failure to act which is directly attributable to his reliance upon the information contained in an identification card issued pursuant to Section [Sections] 66-5-401 through 66-5-408 NMSA 1978; provided he has made a reasonable attempt to ascertain that the information is correct, has not been altered and the card belongs to the person presenting it.
History:
1953 Comp., § 64-5-407, enacted by Laws 1978, ch. 35, § 334.
ANNOTATIONS
Bracketed material.
— The bracketed material in this section was inserted by the compiler and it is not part of the law.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 5 - Licensing of Operators and Chauffeurs; Financial Responsibility; Uninsured Motorists' Insurance; Identification Cards › Part 5 - IDENTIFICATION CARDS › Section 66-5-409 - Unlawful use of identification card.

A. It is a misdemeanor for any person to:
(1) use or possess an altered, forged or fictitious identification card;
(2) alter or forge an identification card or make a fictitious identification card;
(3) lend the person's identification card to any other person or to knowingly permit the use of the person's identification card by another;
(4) display or represent as one's own any identification card not issued to the person; or
(5) make or permit any unlawful use of the identification card issued to, or received or obtained by, the person.
B. It is a felony for any person to:
(1) knowingly or willfully provide a false or fictitious name or document in any application for an identification card or knowingly make a false statement or conceal a material fact or otherwise commit a fraud in any such application; or
(2) induce or solicit another person, or conspire with another person, to violate this subsection.
C. For the purposes of this section, "identification card" means an identification card issued by the department pursuant to Section 66-5-401 or 66-5-404 NMSA 1978.
History:
1978 Comp., § 66-5-409, enacted by Laws 1991, ch. 160, § 13; 2016, ch. 79, § 13.
ANNOTATIONS
The 2016 amendment,
effective May 18, 2016, established a penalty for making or permitting any unlawful use of an identification card, and increased the penalties for certain crimes connected to the application for an identification card; in Subsection A, Paragraph (5), deleted "use", added "make or permit any unlawful use of the identification card issued to, or received or obtained by, the person", added the subsection designation "B" and redesignated former Subsection B as Subsection C; in new Subsection B, added "It is a felony for any person to:", and designated the language from former Paragraph (5) of Subsection A as Paragraph (1) of Subsection B; in Paragraph (1), added "knowingly or willfully provide", and after "false or fictitious name", added "or document", and deleted former Paragraph (6) of Subsection A; and added new Paragraph 2 of Subsection B.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 5 - Licensing of Operators and Chauffeurs; Financial Responsibility; Uninsured Motorists' Insurance; Identification Cards › Part 6 - IGNITION INTERLOCK LICENSES › Section 66-5-501 - Short title.

Sections 1 through 4 of this act [66-5-501 to 66-5-504 NMSA 1978] may be cited as the "Ignition Interlock Licensing Act".
History:
Laws 2003, ch. 239, § 1.
ANNOTATIONS
Cross references.
— For provisions regarding driving under the influence of intoxicating liquor or drugs,
see
66-8-102 NMSA 1978.
For the interlock driving fund,
see
66-8-102.3.
Emergency clauses.
— Laws 2003, ch. 239, § 11 contained an emergency clause and was approved April 6, 2003.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— Validity, construction, and application of interlock laws. 15 A.L.R.6th 375.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 5 - Licensing of Operators and Chauffeurs; Financial Responsibility; Uninsured Motorists' Insurance; Identification Cards › Part 6 - IGNITION INTERLOCK LICENSES › Section 66-5-502 - Definitions.

As used in the Ignition Interlock Licensing Act:
A. "denied" means the division has refused to issue an instruction permit, driver's license or provisional license pursuant to the provisions of Subsection D or E of Section 66-5-5 NMSA 1978;
B. "ignition interlock device" means a device, approved by the traffic safety bureau, that prevents the operation of a motor vehicle by an intoxicated or impaired person;
C. "ignition interlock license" means a driver's license issued to a person by the division that allows that person to operate a motor vehicle with an ignition interlock device after that person's driving privilege or driver's license has been revoked or denied. The division shall clearly mark an ignition interlock license to distinguish it from other driver's licenses; and
D. "revoked" means the division, pursuant to the provisions of Section 66-5-29 or 66-8-111 NMSA 1978, has terminated a person's driving privilege or driver's license for:
(1) driving while under the influence of intoxicating liquor or drugs; or
(2) a conviction of homicide by vehicle or great bodily harm by vehicle while under the influence of intoxicating liquor or drugs.
History:
Laws 2003, ch. 239, § 2; 2005, ch. 268, § 1; 2007, ch. 316, § 2; 2007, ch. 317, § 3; 2007, ch. 319, § 48; 2013, ch. 101, § 2.
ANNOTATIONS
The 2013 amendment,
effective July 1, 2013, defined "revoked" to included revocation for a conviction of homicide or great bodily harm while under the influence of intoxicating liquor or drugs; and added Paragraph (2) of Subsection D.
The 2007 amendment,
effective June 15, 2007, defined "denied" as the refusal to issue a license; eliminated "denial for driving under the influence of intoxicating liquor or drugs"; and defined "revoked" as the termination of a driving privilege or driver's license pursuant to Sections 66-5-29 or 66-8-11 NMSA 1978.
The 2005 amendment,
effective June 17, 2005, defines "ignition interlock device" in Subsection B to mean a device that prevents the operation of a motor vehicle by an intoxicated or impaired person and deletes the former definition of "ignition interlock device" in Subsection B to be a regularly calibrated device that regulates the operation of a motor vehicle by measuring an operator's blood alcohol level before allowing the operator to start the vehicle and that periodically tests the operator's blood alcohol level while he operated the vehicle.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 5 - Licensing of Operators and Chauffeurs; Financial Responsibility; Uninsured Motorists' Insurance; Identification Cards › Part 6 - IGNITION INTERLOCK LICENSES › Section 66-5-503 - Ignition interlock license; requirements.

A. A person whose driving privilege or driver's license has been revoked or denied or who has not met the ignition interlock license requirement as a condition of reinstatement pursuant to Section 66-5-33.1 NMSA 1978 may apply for an ignition interlock license from the division.
B. An applicant for an ignition interlock license shall:
(1) provide proof of installation of the ignition interlock device by a traffic safety bureau-approved ignition interlock installer on any vehicle the applicant drives; and
(2) sign an affidavit acknowledging that:
(a) operation by the applicant of any vehicle that is not equipped with an ignition interlock device is subject to penalties for driving with a revoked license;
(b) tampering or interfering with the proper and intended operation of an ignition interlock device may subject the applicant to penalties for driving with a license that was revoked for driving under the influence of intoxicating liquor or drugs or a violation of the Implied Consent Act [66-8-105 to 66-8-112 NMSA 1978]; and
(c) the applicant shall maintain the ignition interlock device and keep up-to-date records in the motor vehicle showing required service and calibrations and be able to provide the records upon request.
C. A person who has been convicted of homicide by vehicle or great bodily harm by vehicle while under the influence of intoxicating liquor or drugs, as provided in Section 66-8-101 NMSA 1978, shall not be issued an ignition interlock license unless the person has completed serving the sentence for that crime, including any period of probation and parole.
History:
Laws 2003, ch. 239, § 3; 2007, ch. 319, § 49; 2008, ch. 67, § 1; 2009, ch. 254, § 2; 2013, ch. 101, § 3.
ANNOTATIONS
The 2013 amendment,
effective July 1, 2013, allowed the issuance of an ignition interlock license to a person convicted of homicide by vehicle or great bodily harm by vehicle while under the influence of intoxicating liquor or drugs after completion of the sentence for that crime; and in Subsection C, after "great bodily", deleted "injury" and added "harm" and after "ignition interlock license", added "unless the person has completed serving the sentence for that crime, including any period of probation and parole".
The 2009 amendment,
effective July 1, 2009, in Subsection A, after "denied", added "or who has not met the ignition interlock license requirement as a condition of reinstatement pursuant to Section 66-5-33.1 NMSA 1978".
The 2008 amendment,
effective February 29, 2008, added Subparagraph (b) of Paragraph (2) of Subsection B.
The 2007 amendment,
effective June 15, 2007, changed "instructor's permit" to "driving privilege" and eliminated "provisional license".
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 5 - Licensing of Operators and Chauffeurs; Financial Responsibility; Uninsured Motorists' Insurance; Identification Cards › Part 6 - IGNITION INTERLOCK LICENSES › Section 66-5-504 - Penalties.

A. A person who is issued an ignition interlock license and operates a vehicle that is not equipped with an ignition interlock device is driving with a license that was revoked for driving under the influence of intoxicating liquor or drugs or a violation of the Implied Consent Act [66-8-105 to 66-8-112 NMSA 1978] and may be subject to the penalties provided in Section 66-5-39 NMSA 1978.
B. A person who is issued an ignition interlock license and who knowingly and deliberately tampers or interferes or causes another to tamper or interfere with the proper and intended operation of an ignition interlock device may be subject to the penalties for driving with a license that was revoked for driving under the influence of intoxicating liquor or drugs or a violation of the Implied Consent Act as provided in Section 66-5-39 NMSA 1978.
History:
Laws 2003, ch. 239, § 4; 2008, ch. 67, § 2.
ANNOTATIONS
The 2008 amendment,
effective February 29, 2008, provided that driving without an ignition interlock device is driving with a revoked license for purposes of DWI or the Implied Consent Act and added Subsection B.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 6 - Fees › Section 66-6-5 - Bus registration fees.

All buses shall pay the registration fees provided in Section 66-6-4 NMSA 1978, except for school buses and buses operated by religious or nonprofit charitable organizations for the express purpose of the organization for which the annual registration fee is seven dollars ($7.00). In addition to other registration fees imposed by this section, beginning July 1, 1994, there is imposed at the time of registration an annual tire recycling fee of fifty cents ($.50) per wheel that is in contact with the ground on each vehicle subject to a registration fee pursuant to this section.
History:
1953 Comp., § 64-6-5, enacted by Laws 1978, ch. 35, § 340; 1987, ch. 347, § 20; 1994, ch. 117, § 21; 1994, ch. 126, § 21; 2003, ch. 270, § 4; 2003 (1st S.S.), ch. 3, § 15.
ANNOTATIONS
Cross references.
— For the definition of "bus",
see
66-1-4.2 NMSA 1978.
For registration fee for bus carrying agricultural employees,
see
66-6-8 NMSA 1978.
The 2003 amendment,
effective July 1, 2003, substituted "fifty cents ($.50)" for "twenty-five cents ($.25)" following "tire recycling fee of" near the end of the section.
The 2003 (1st S.S.) amendment,
effective March 1, 2004, substituted "seven dollars ($7.00)" for "five dollars ($5.00)" at the end of the first sentence.
The 1994 amendment,
effective March 8, 1994, added the second sentence.
Duplicate amendments.
— Laws 1994, ch. 117, § 21 and Laws 1994, ch. 126, § 21 enacted identical amendments to 66-6-5 NMSA 1978, effective March 8, 1994. The section was set out as amended by Laws 1994, ch. 126, § 21.
See
12-1-8 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 7A Am. Jur. 2d Automobiles and Highway Traffic §§ 63 to 73.
60 C.J.S. Motor Vehicles §§ 136(1) to 145.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 6 - Fees › Section 66-6-6 - Additional fees.

For the registration of any vehicle having solid tires the division shall charge the following additional fees:
A. all vehicles having solid rubber tires, twenty-five percent additional; and
B. all vehicles having solid tires of material other than rubber, one hundred percent additional.
History:
1953 Comp., § 64-6-6, enacted by Laws 1978, ch. 35, § 341.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 6 - Fees › Section 66-6-6.1 - Additional registration fee.

For registration of vehicles subject to the registration fees imposed by Sections 66-6-2 and 66-6-4 NMSA 1978, there is imposed an additional fee of two dollars ($2.00) for each twelve-month period for which a vehicle with a gross vehicle weight under twenty-six thousand pounds is registered. Amounts collected pursuant to this section are appropriated to the department and may be expended in fiscal year 2010 and subsequent fiscal years for the purposes of enforcing the provisions of the Mandatory Financial Responsibility Act [66-5-201 to 66-5-239 NMSA 1978] and for creating and maintaining a multilanguage noncommercial driver's license testing program. After those purposes are met, the balance of the registration fees collected pursuant to this section shall be used by the department to defray the costs of operating the motor vehicle division and for the purposes set forth in the provisions of Subsection F of Section 66-6-13 NMSA 1978. At the end of a fiscal year, unexpended and unencumbered balances of the amounts collected pursuant to this section shall not revert to the general fund.
History:
1978 Comp., § 66-6-6.1, enacted by Laws 2001, ch. 282, § 1; 2009, ch. 156, § 5.
ANNOTATIONS
The 2009 amendment,
effective July 1, 2009, added the second, third and fourth sentences.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 6 - Fees › Section 66-6-6.2 - Registration fee; litter control and beautification fund.

In addition to all other fees collected by registration of vehicles pursuant to Section 66-3-1 NMSA 1978 or by registration of vehicles pursuant to the Motor Transportation Act [Chapter 65, Articles 1, 3 and 5 NMSA 1978], there is imposed on each registration, for each year covered by the registration, a beautification fee of fifty cents ($.50) to be deposited in the litter control and beautification fund.
History:
Laws 2002, ch. 16, § 1.
ANNOTATIONS
Emergency clauses.
— Laws 2002, ch. 16, § 5 contained an emergency clause and was approved March 4, 2002.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 6 - Fees › Section 66-6-6.3 - Save our children's sight fund option.

The vehicle registration form in use as of January 1, 2008 shall include a check-off option for a driver who wishes to contribute to the save our children's sight fund for a one-dollar ($1.00) or a five-dollar ($5.00) fee in addition to the registration fees required by the division. All fees collected from the check-off option shall be paid to the state treasurer to the credit of the save our children's sight fund within two months of receipt.
History:
Laws 2007, ch. 353, § 4 and Laws 2007, ch. 357, § 4.
ANNOTATIONS
Duplicate laws.
— Laws 2007, ch. 353, § 4 and Laws 2007, ch. 357, § 4, both effective January 1, 2008, enacted identical new sections.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 6 - Fees › Section 66-6-7 - Exemptions.

A. Every person who, by the terms and provisions of Section 7-37-5 NMSA 1978, is entitled to a veteran exemption and who does not have sufficient real or personal property to claim the full exemption under that section may be eligible to pay motor vehicle registration fees at two-thirds the rates charged on vehicles which the veteran owns. The person claiming a reduced motor vehicle registration fee shall make an affidavit that in any claim of a veteran exemption thereafter during such year, he will set forth the amount of reductions so received which shall reduce the amount of benefits received from the real or personal property tax exemption to that extent. No person shall receive any reductions of registration fees in a greater sum during any one year than an amount equal to the property tax imposed on two thousand dollars ($2,000) of net taxable value of property in the school district in which he resides.
B. The director shall certify to the proper county assessor the amount of reduction received under the provisions of this section by any person, and the assessor shall note the reduction on his valuation records.
History:
1953 Comp., § 64-6-7, enacted by Laws 1978, ch. 35, § 342; 1983, ch. 331, § 1.
ANNOTATIONS
Cross references.
— For definition of "director",
see
66-1-4.4 NMSA 1978.
When veteran received exemption.
— The only time a veteran was entitled to receive the benefits of Section 64-11-1.7, 1953 Comp. (similar to this section prior to 1983 amendment), was when he had not claimed his exemption on his real or personal property for the current year. 1964 Op. Att'y Gen. No. 64-107.
Effect of exemption on property tax.
— If a veteran claimed his reduced motor vehicle registration fee, prior to claiming his exemption on real or personal property, he might have the tax liability for his real or personal property reduced by an amount equal to the difference between the amount of benefits he received as a result of his one-third tax exemption on motor vehicle registration fees and the amount of benefits he would have received if he had first claimed his $2000 exemption on his real or personal property. 1964 Op. Att'y Gen. No. 64-107.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 6 - Fees › Section 66-6-8 - Bus registration; agricultural labor fees.

A. A bus that has a normal seating capacity of forty passengers or less and that is used exclusively for the transportation of agricultural laborers may be registered upon payment to the division of a fee of thirty-three dollars ($33.00).
B. In addition to the registration fee imposed by this section, there is imposed at the time of registration an annual tire recycling fee of fifty cents ($.50) per wheel that is in contact with the ground on each vehicle subject to a registration fee pursuant to this section.
C. Application for registration of a bus pursuant to this section shall be made in the form prescribed by the division and shall be accompanied by an affidavit that the bus will be used exclusively for the transportation of agricultural laborers. Upon registration, the bus is exempt from tariff-filing requirements of the public regulation commission.
History:
1953 Comp., § 64-6-8, enacted by Laws 1978, ch. 35, § 343; 1994, ch. 117, § 22; 1994, ch. 126, § 22; 2003, ch. 270, § 5; 2003 (1st S.S.), ch. 3, § 16.
ANNOTATIONS
The 2003 amendment,
effective July 1, 2003, substituted "fifty cents ($.50)" for "twenty-five cents ($.25)" following "recycling fee of" near the middle of Subsection B; and substituted "public regulation" for "state corporation" preceding "commission" near the end of Subsection C.
The 2003 (1st S.S.) amendment,
effective March 1, 2004, substituted "thirty-three dollars ($33.00)" for "twenty-five dollars ($25.00)" at the end of Subsection A, and "pursuant to" for "under" near the beginning of the first sentence of Subsection C.
The 1994 amendment,
effective March 8, 1994, added Subsection B and redesignated former Subsection B as Subsection C.
Duplicate amendments.
— Laws 1994, ch. 117, § 22 and Laws 1994, ch. 126, § 22 enacted identical amendments to 66-6-8 NMSA 1978, effective March 8, 1994. The section was set out as amended by Laws 1994, ch. 126, § 22.
See
12-1-8 NMSA 1978.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 6 - Fees › Section 66-6-8 - Bus registration; agricultural labor fees. (Effective July 1, 2024.)

A. A bus that has a normal seating capacity of forty passengers or less and that is used exclusively for the transportation of agricultural laborers may be registered upon payment to the division of a fee of thirty-three dollars ($33.00).
B. In addition to the registration fee imposed by this section, there is imposed at the time of registration an annual tire recycling fee of fifty cents ($.50) per wheel that is in contact with the ground on each vehicle subject to a registration fee pursuant to this section.
C. Application for registration of a bus pursuant to this section shall be made in the form prescribed by the division and shall be accompanied by an affidavit that the bus will be used exclusively for the transportation of agricultural laborers. Upon registration, the bus is exempt from tariff-filing requirements of the department of transportation.
History:
1953 Comp., § 64-6-8, enacted by Laws 1978, ch. 35, § 343; 1994, ch. 117, § 22; 1994, ch. 126, § 22; 2003, ch. 270, § 5; 2003 (1st S.S.), ch. 3, § 16; 2023, ch. 100, § 77.
ANNOTATIONS
The 2023 amendment,
effective July 1, 2024, removed a reference to the public regulation commission due to the transfer of certain powers and duties to the department of transportation; and in Subsection C, after "of the", changed "public regulation commission" to "department of transportation".
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 6 - Fees › Section 66-6-9 - Fee for fertilizer trailers.

In lieu of the registration fee provided for in Section 66-6-3 NMSA 1978, the division shall collect a registration fee of seven dollars ($7.00) for each trailer used on the highways of this state by any commercial fertilizer company solely for the delivery or distribution of liquid fertilizer to a farmer; provided the trailer has an empty weight not in excess of three thousand five hundred pounds.
History:
1953 Comp., § 64-6-9, enacted by Laws 1978, ch. 35, § 344; 2003 (1st S.S.), ch. 3, § 17.
ANNOTATIONS
The 2003 (1st S.S.) amendment,
effective March 1, 2004, substituted "seven dollars ($7.00)" for "five dollars ($5.00)" and "the" for "such" following "provided".