reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 6 - Fees › Section 66-6-10 - Registration fees for manufactured homes and travel trailers; division to notify county assessor of manufactured home registration.

A. For the registration of each manufactured home, the division shall collect a fee of seven dollars ($7.00).
B. The division shall compile and transmit to each county assessor each year a list of the manufactured homes that are registered with the division showing the assessor's county as the principal location of the manufactured home. The listing shall include all data pertinent to and necessary for the county assessor to value the manufactured homes in accordance with valuation rules promulgated by the property tax division pursuant to Section 7-36-26 NMSA 1978. The listing required by this subsection shall be transmitted no later than thirty days following the close of the annual registration process and shall be supplemented no less often than every thirty days to provide information to the appropriate county assessors on registrations occurring throughout the year.
C. At the time a person registers a manufactured home and pays the fee required by this section, the person shall be notified in writing by the division that the information required by Subsection B of this section will be furnished to the county assessor of the county of the principal location of the manufactured home and that the manufactured home is subject to property taxation under the Property Tax Code [Chapter 7, Articles 35 to 38 NMSA 1978].
History:
1953 Comp., § 64-6-10, enacted by Laws 1978, ch. 35, § 345; 1983, ch. 295, § 30; 2003 (1st S.S.), ch. 3, § 18.
ANNOTATIONS
Cross references.
— For definition of "manufactured home",
see
66-1-4.11 NMSA 1978.
The 2003 (1st S.S.) amendment,
effective March 1, 2004, substituted "seven dollars ($7.00)" for "five dollars ($5.00)" in Subsection A, "the assessor's" for "his", in the first sentence and "rules" for "regulations", and "pursuant to" for "under" in the second sentence of Subsection B, and "a" for "his" preceding "manufactured home" and "the person" for "he" preceding "shall be notified", and inserted "of this section" following "Subsection B" in Subsection C.
House trailers belonging to nonmilitary personnel
must bear current registration plates of this or another state regardless of intended use so long as they maintain their characteristic of being a mobile home. 1959 Op. Att'y Gen. No. 59-53.
House trailers belonging to military.
— Nonresident military personnel, who do not register their house trailers in the states of which they are residents, must register them in New Mexico. 1965 Op. Att'y Gen. No. 65-131.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 6 - Fees › Section 66-6-11 - Computation of weight.

The weight for determining registration fees for all vehicles shall be the gross factory shipping weight, or if the gross factory shipping weight is unavailable, the actual empty weight of the vehicle, except as otherwise provided by law for trucks, truck tractors, road tractors, buses, freight trailers, utility trailers and travel trailers.
History:
1953 Comp., § 64-6-11, enacted by Laws 1978, ch. 35, § 346; 2007, ch. 319, § 52.
ANNOTATIONS
Cross references.
— For general definitions applicable to this section,
see
66-1-4 to 66-1-4.20 NMSA 1978.
The 2007 amendment,
effective June 15, 2007, provided a different measure of weight and that fees shall be based on gross factory shipping weight or actual empty weight except as otherwise provided by law.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 7A Am. Jur. 2d Automobiles and Highway Traffic § 66.
60 C.J.S. Motor Vehicles § 138.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 6 - Fees › Section 66-6-12 - Fees for school buses.

A. Registration fees for school buses used solely for the purpose of transportation of school children and other school activities shall be seven dollars ($7.00) a year, except that the fee for a school bus permanently registered pursuant to Subsection A of Section 1 [66-3-30 MSA 1978] of this 2007 act is:
(1) for a school bus initially registered at the time an original certificate of title is issued for that school bus, a one-time fee of one hundred forty dollars ($140); or
(2) for a school bus permanently registered subsequent to the issuance of the original certificate of title for that school bus, a one-time fee of one hundred dollars ($100).
B. The application for registration of a school bus shall be accompanied by the certificate of the director of transportation of the public education department stating that the bus is used solely and exclusively as a school bus.
History:
1953 Comp., § 64-6-12, enacted by Laws 1978, ch. 35, § 347; 2003 (1st S.S.), ch. 3, § 19; 2007, ch. 116, § 2.
ANNOTATIONS
The 2007 amendment,
effective July 1, 2007, prescribed registration fees for school buses permanently registered pursuant to Section 66-3-30 NMSA 1978.
The 2003 (1st S.S.) amendment,
effective March 1, 2004, substituted "seven dollars ($7.00)" for "five dollars ($5.00)" in Subsection A and "public education department" for "state department of public education" in the first sentence and "no" for "a" at the beginning of the last sentence in Subsection B and inserted "not" following "shall", and deleted "as" following "considered" in the last sentence of that subsection.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 6 - Fees › Section 66-6-14 - Vehicles of United States and other states.

Vehicles or trailers owned by and used in the service of the United States or of any other state or political subdivision thereof, other than the state of New Mexico, need not be registered but must continually display plates or signs setting forth the fact that they are in the service of the United States or of such other state or political subdivision thereof.
History:
1953 Comp., § 64-6-14, enacted by Laws 1978, ch. 35, § 349.
ANNOTATIONS
Official vehicles of Navajo tribal council
are vehicles within the meaning of this section and may be given license plates with a "U.S." prefix. 1956 Op. Att'y Gen. No. 56-6402.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 7A Am. Jur. 2d Automobiles and Highway Traffic § 83.
60 C.J.S. Motor Vehicles § 136(3).
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 6 - Fees › Section 66-6-16 - Exemption for armed forces amputees and those who have lost use of limbs.

A person who is a bona fide resident of New Mexico, who served in the armed forces of the United States, who was honorably discharged and who suffered the loss or complete and total loss of use of one or both legs at or above the ankle or one or both arms at or above the wrist while so serving or from a service-connected cause shall be exempt from payment of any motor vehicle registration fees to the state on one vehicle a year owned by the person.
History:
1953 Comp., § 64-6-16, enacted by Laws 1978, ch. 35, § 351; 2007, ch. 319, § 53.
ANNOTATIONS
The 2007 amendment,
effective June 15, 2007, eliminated the qualifying time periods and requires an honorable discharge.
Conditions required for exemption.
— This section sets up three separate conditions which must be met by the claimant before he is entitled to an exemption from registration fees: (1) residency; (2) time of military service; and (3) the nature and result of the injury or disease. 1963 Op. Att'y Gen. No. 63-132.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 6 - Fees › Section 66-6-17 - Dealer plate fees.

A. Except as provided otherwise in Subsection C of this section, every dealer, except a dealer in motorcycles only, shall pay each license year fifty dollars ($50.00) for each dealer plate issued pursuant to Section 66-3-402 NMSA 1978 to the dealer for that license year.
B. Except as provided otherwise in Subsection C of this section, every dealer in motorcycles only shall pay each license year ten dollars ($10.00) for each dealer plate issued pursuant to Section 66-3-402 NMSA 1978 to the dealer for that license year.
C. In the event a dealer plate is lost, mutilated or becomes illegible, a dealer, including a dealer in motorcycles only, shall obtain a replacement plate pursuant to the provisions of Section 66-3-24 NMSA 1978. The fee for a replacement dealer plate shall be fifty dollars ($50.00) for a dealer or ten dollars ($10.00) for a dealer in motorcycles only.
History:
1953 Comp., § 64-6-17, enacted by Laws 1978, ch. 35, § 352; 1981, ch. 361, § 23; 1990, ch. 120, § 32; 1998, ch. 48, § 15; 2005, ch. 324, § 18; 2007, ch. 319, § 54.
ANNOTATIONS
The 2007 amendment,
effective June 15, 2007, eliminated references to auto recycler and special dealer plates.
The 2005 amendment,
effective January 1, 2006, changed "wrecker of vehicles" to "auto recycler".
The 1998 amendment,
effective July 1, 1998, in the section heading, inserted "dealer", deleted "manufacturers, dealers and wreckers of vehicles"; in Subsection A, deleted "manufacturer" in two places, in Subsections A and B, substituted "the first" for "each", inserted "dealer" and "pursuant to Section 66-3-402 NMSA 1978"; in Subsection B, deleted "and shall pay five dollars ($5.00) for each additional plate so issued for the license year" and rewrote Subsection C.
The 1990 amendment,
effective July 1, 1990, in Subsection A, added "except as provided otherwise in Subsection C of this section" at the beginning, inserted "each license year" following "shall pay", and substituted "in that license year" for "provided, however, that each such additional plate issued after June 30 of the licensing year shall be issued upon payment of five dollars ($5.00)" at the end; rewrote Subsection B which read "Every dealer in motorcycles only shall pay ten dollars ($10.00) for the first special plate issued to him and shall pay five dollars ($5.00) for each additional plate so issued; deleted "Notwithstanding all other provisions of law" at the beginning of Subsection C; and made minor stylistic changes.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 6 - Fees › Section 66-6-18 - License fee for dealers, wholesalers, distributors, auto recyclers and title service companies.

For a license to do business as a dealer, wholesaler, distributor or any combination of the foregoing or as an auto recycler or as a title service company, there shall be paid a fee of fifty dollars ($50.00) for each license year or portion thereof.
History:
1953 Comp., § 64-6-18, enacted by Laws 1978, ch. 35, § 353; 1981, ch. 361, § 24; 1990, ch. 120, § 33; 1999, ch. 122, § 9; 2005, ch. 324, § 19.
ANNOTATIONS
The 2005 amendment,
effective January 1, 2006, changed "wrecker of vehicles" to "auto recycler".
The 1999 amendment,
effective July 1, 1999, in the section heading, inserted "of vehicles and title service companies"; and inserted "or as a title service company" near the middle of the section.
The 1990 amendment,
effective July 1, 1990, rewrote the section which read "For a license to do business as a dealer, wholesaler, distributor or wrecker of vehicles or all four, there shall be paid a fee of fifty dollars ($50.00) annually. The fee for such licenses issued after June 30 of any year shall be thirty dollars ($30.00) for the remaining portion of the year".
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 6 - Fees › Section 66-6-19 - Vehicle transaction fees.

A. For any transaction concerning the initial issuance, transfer or revocation of a title or registration, including filing and recording documents, releasing liens and certifying copies, the division shall charge three dollars ($3.00). As used in this subsection, "transaction" means all operations necessary at one time with respect to one vehicle, including the inspection required by Section 66-3-4 NMSA 1978.
B. No fee shall be charged by the division for the correction of documents or the issuance of documents in cases in which the division made errors in the original issuance of the documents.
History:
1953 Comp., § 64-6-19, enacted by Laws 1978, ch. 35, § 354; 2007, ch. 319, § 55.
ANNOTATIONS
The 2007 amendment,
effective June 15, 2007, limited the $3.00 fee to the initial issuance, transfer or revocation of a title or registration.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 6 - Fees › Section 66-6-20 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1999, ch. 49, § 9 repealed 66-6-20 NMSA 1978, as enacted by Laws 1978, ch. 35, § 355, relating to distribution of vehicle transaction fees, effective July 1, 1999. For provisions of former section,
see
the 1998 NMSA 1978 on
NMOneSource.com.
For present comparable provisions,
see
66-6-23 NMSA 1978.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 6 - Fees › Section 66-6-21 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1990, ch. 120, § 44 repealed 66-6-21 NMSA 1978, as enacted by Laws 1978, ch. 35, § 356, relating to former 66-6-20 NMSA 1978, controlling over all conflicting acts passed in the 1965 session of the legislature, effective July 1, 1990. For provisions of former section,
see
the 1989 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 6 - Fees › Section 66-6-22 - When fees returnable; refunds.

A. Whenever any application to the department is accompanied by any fee as required by the Motor Vehicle Code [66-1-1 NMSA 1978] or the Motor Transportation Act [Chapter 65, Articles 1, 3 and 5 NMSA 1978] and the application is refused or rejected, the fee shall be returned to the applicant.
B. Any person who believes that any amount paid by that person to the department under any provision of the Motor Vehicle Code or the Motor Transportation Act exceeded the amount due may claim a refund by directing to the secretary a written claim for refund in accordance with the procedures set out in Subsection A of Section 7-1-26 NMSA 1978. To be timely, any claim for refund pursuant to this subsection must be made within one year of the date the payment was made.
C. When the department has discovered that a class of people has overpaid by at least one dollar ($1.00) any tax, fee or penalty due under the Motor Vehicle Code or the Motor Transportation Act for the same or similar reasons and the members of the class are identifiable from the department's records, the department may refund the overpayment to all members of the class without the requirement that each person in the class submit a claim for refund.
D. Any refund made pursuant to this section may be made, at the discretion of the department, in the form of credit against future payments due under the Motor Vehicle Code or the Motor Transportation Act if future liabilities in an amount at least equal to the credit amount reasonably may be expected to become due.
History:
1953 Comp., § 64-6-22, enacted by Laws 1978, ch. 35, § 357; 1995, ch. 135, § 20.
ANNOTATIONS
The 1995 amendment,
effective June 16, 1995, added "refunds" in the section heading; in Subsection A, substituted "department" for "division", substituted "the Motor Vehicle Code or the Motor Transportation Act" for "law", and made minor stylistic changes; rewrote Subsections B and C; and added Subsection D.
When an applicant has erroneously registered his vehicle twice
and purchased two sets of license plates, he is, upon request, entitled to a refund for the second set issued. 1960 Op. Att'y Gen. No. 60-233.
Intrastate operator becoming interstate not entitled to refund for overpayment.
— Where an intrastate operator purchases his licenses from the local license distributor in his locality and is seeking a refund if he subsequently becomes an interstate operator entitled to prorate the licenses of his fleet in the various states in which he operates, he is not entitled to obtain a refund from this state for any overpayment that he might have made on original registration as it applies to a subsequent proration program. 1961 Op. Att'y Gen. No. 61-76.
Refunds made from 4% of fees collected.
— The refunds referred to in Section 64-11-11, 1953 Comp. (similar to this section), are a duty imposed upon the division by the law and thus should be made from the 4% of the fees collected. 1960 Op. Att'y Gen. No. 60-233.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 60 C.J.S. Motor Vehicles § 142.3.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 6 - Fees › Section 66-6-22.1 - Motor vehicle suspense fund created; receipts; disbursements.

A. There is created in the state treasury a fund to be known as the "motor vehicle suspense fund".
B. The fees collected under the provisions of Sections 66-1-1 through 66-6-19 NMSA 1978 shall be paid to the state treasurer for the credit of the motor vehicle suspense fund not later than the close of the second business day after their receipt, except as otherwise provided by the Off-Highway Motor Vehicle Act [66-3-1001 to 66-3-1020 NMSA 1978].
C. Money deposited to the credit of or disbursed from the motor vehicle suspense fund by the department shall be accounted for as provided by law, rule or procedure of the secretary of finance and administration.
D. The balance of the motor vehicle suspense fund is appropriated for the purpose of making refunds, distributions and other disbursements authorized or required by law to be made from the motor vehicle suspense fund, provided that no distribution shall be made to a municipality, county or fee agent operating a motor vehicle field office with respect to money collected and remitted to the department by that municipality, county or fee agent until the report of the municipality, county or fee agent is audited and accepted by the department.
History:
1978 Comp., § 66-6-22.1, enacted by Laws 1990, ch. 120, § 34; 1999, ch. 49, § 6; 2002, ch. 16, § 3; 2005, ch. 325, § 24; 2007, ch. 319, § 56.
ANNOTATIONS
Cross references.
— For the motor vehicle suspense fund,
see
66-6-22.1 NMSA 1978.
The 2007 amendment,
effective June 15, 2007, eliminated the requirement that the department and financial administrator certify the appropriateness of disbursements from the motor vehicle suspense fund.
The 2005 amendment,
effective January 1, 2006, provided in Subsection B that the fees shall be credited to the motor vehicle suspense fund not later than the close of the second business day after receipt except as provided in the Off-Highway Motor Vehicle Act.
The 2002 amendment,
effective March 4, 2002, updated the internal section references in Subsection B, and substituted "rule" for "regulation" in the first sentence of Subsection C.
The 1999 amendment,
effective July 1, 1999, updated statutory references in Subsection B.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 6 - Fees › Section 66-6-22.2 - Adjustments of disbursements from the motor vehicle suspense fund.

A. The provisions of this section apply to disbursements from the motor vehicle suspense fund.
B. If the secretary determines that a prior disbursement from the fund is erroneous, the secretary shall, pursuant to law, rules or procedures of the department of finance and administration, adjust future disbursements by the amount necessary to correct the error.
C. The secretary may, in lieu of recovering the entire erroneous amount from the next disbursement, recover an excess disbursement of one thousand dollars ($1,000) or more in installments from current and future disbursements pursuant to a written agreement whenever the amount of the disbursement decrease exceeds ten percent of the average disbursement amount for that recipient for the twelve months preceding the month in which the secretary's determination is made; provided that, for the purposes of this subsection, the "average disbursement amount" shall be the arithmetic mean of the disbursement amounts within the twelve months immediately preceding the month in which the determination is made.
D. Except for the provisions of this section, if the amount by which a disbursement would be adjusted pursuant to Subsection B of this section is one thousand dollars ($1,000) or less, no adjustment shall be made.
E. In the event an adjustment authorized by this section requires a disbursement for which there is no equal offsetting receipt, the general fund disbursement shall be reduced by the difference between the offsetting receipt and the adjustment.
History:
Laws 2007, ch. 319, § 57.
ANNOTATIONS
Effective dates.
— Laws 2007, ch. 319 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 6 - Fees › Section 66-6-24 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1989, ch. 85, § 1 repealed 66-6-24 NMSA 1978, as enacted by Laws 1978, ch. 35, § 359, relating to state road suspense fund, effective June 16, 1989.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 6 - Fees › Section 66-6-25 - Registration by county or municipality prohibited.

A. No county or municipality shall require registration or charge fees for any vehicle subject to registration under the Motor Vehicle Code [66-1-1 NMSA 1978].
B. Notwithstanding the provisions of Subsection A of this section, a county or municipality designated as an agent pursuant to Section 66-2-14.1 NMSA 1978 may impose a fee in an amount not to exceed five dollars ($5.00) per year in addition to any other registration fee required. This fee shall not be imposed if the county or municipality has imposed a gasoline tax pursuant to the County and Municipal Gasoline Tax Act [Chapter 7, Article 24A NMSA 1978], the proceeds of which are used to fund a vehicle emission inspection program. Any money collected as a result of the imposition of an additional fee pursuant to this subsection shall be used only to fund a vehicle emission inspection program.
History:
1953 Comp., § 64-6-25, enacted by Laws 1978, ch. 35, § 360; 1985, ch. 95, § 5.
ANNOTATIONS
Motor vehicle inspection fee not valid exercise
of localities' home rule power.
Chapman v. Luna
, 1984-NMSC-029, 101 N.M. 59, 678 P.2d 687, cert. denied, 474 U.S. 947, 106 S. Ct. 345, 88 L. Ed. 2d 292 (1985).
Local emissions testing fee prohibited.
— Where a city and county impose a fee to defray the administrative costs of vehicle emissions testing, such a fee is invalid because this section prohibits any fee regardless of the purpose.
Chapman v. Luna
, 1984-NMSC-029, 101 N.M. 59, 678 P.2d 687, cert. denied, 474 U.S. 947, 106 S. Ct. 345, 88 L. Ed. 2d 292 (1985).
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 6 - Fees › Section 66-6-25.1 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1985, ch. 95, § 7 repealed 66-6-25.1, as enacted by Laws 1984 (1st S.S.), ch. 9, § 3, relating to the prohibition of certain emission control fees, effective April 2, 1985. For present comparable provisions,
see
74-2-4E NMSA 1978.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 6 - Fees › Section 66-6-26 - Registered vehicle exempt from property tax; exception.

No vehicle upon which the registration fees provided for in the Motor Vehicle Code [66-1-1 NMSA 1978] have been paid shall be assessed or taxed upon any property assessment rolls in this state for the period for which the fees are paid, except that mobile homes shall be subject to assessment and property tax in addition to the vehicle registration fee.
History:
1953 Comp., § 64-6-26, enacted by Laws 1978, ch. 35, § 361.
ANNOTATIONS
If equipment integral part of trailer both are exempt.
— Evidence that certain equipment was bolted to taxpayer's trailer, that the trailer had no use apart from the equipment, that the equipment was an integral part of the trailer, and that the trailer and equipment constituted a single unit and was used as such, showed the equipment was a part of the trailer, and once the permanent registration on the trailer was paid, both trailer and equipment were exempt from property tax under Section 64-11-14, 1953 Comp. (similar to this section).
Halliburton Co. v. Property Appraisal Dep't
, 1975-NMCA-123, 88 N.M. 476, 542 P.2d 56.
Equipment on trailer was included in gross weight.
— Since the registration fees for trucks are determined by declared gross weight, and since a gross weight was declared by taxpayer which included the equipment mounted on his vehicles, and registration fees were paid on that gross weight as provided in the motor vehicle code, the equipment mounted on the trucks was exempt from property tax under 64-11-14, 1953 Comp. (similar to this section).
Halliburton Co. v. Property Appraisal Dep't
, 1975-NMCA-123, 88 N.M. 476, 542 P.2d 56.
Military personnel's trailers owned as personal property exempt.
— Trailers owned by military personnel as personal property and not being motor vehicles are free from taxation under the provisions of the Soldiers' and Sailors' Civil Relief Act of 1940, § 514 (now the Servicemembers Civil Relief Act 50 U.S.C. App. § 5714) except by the state of domicile of the owner. It is possible that the vehicle could become real property so as to be taxable as such without regard to the Soldiers' and Sailors' Civil Relief Act. The provisions of Section 64-11-14, 1953 Comp. (similar to this section), contemplate this possibility, permitting ad valorem taxes to be assessed when a trailer has had its wheels removed and been placed on a permanent foundation. 1959 Op. Att'y Gen. No. 59-53.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— Taxation, as real estate, of trailers or mobile homes, 7 A.L.R.4th 1016.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 6 - Fees › Section 66-6-27 to 66-6-29 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1988, ch. 73, § 56 repealed 66-6-27 to 66-6-29 NMSA 1978, as enacted by Laws 1978, ch. 35, §§ 362 to 364, relating to excise tax on issuance of certificates of title, use fees for vehicles weighing in excess of 26,000 pounds, and bond requirements for operators required to pay such use fees, effective July 1, 1988.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 6 - Fees › Section 66-6-30 - Recompiled.

ANNOTATIONS
Recompilations.
— Laws 1988, ch. 73, § 36, recompiled 66-6-30 NMSA 1978 as 7-15A-9 NMSA 1978, effective July 1, 1988.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 6 - Fees › Section 66-6-31 to 66-6-33 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1988, ch. 73, § 56 repealed 66-6-31 to 66-6-33 NMSA 1978, as enacted by Laws 1978, ch. 35, §§ 366 to 368, relating to distribution of revenue from use fee and penalty and lien for nonpayment of use fee, effective July 1, 1988.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 6 - Fees › Section 66-6-34 - Recompiled.

ANNOTATIONS
Recompilations.
— Laws 1995, ch. 135, § 28 recompiled 66-6-34 NMSA 1978, relating to the penalty for dishonored check, as 66-8-141 NMSA 1978, effective June 16, 1995.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 6 - Fees › Section 66-6-35 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1991, ch. 160, § 22 repealed 66-6-35 NMSA 1978, as enacted by Laws 1978, ch. 35, § 370, relating to written agreement by the motor vehicle division with the taxation and revenue department, effective July 1, 1991. For provisions of former section,
see
the 1990 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 6 - Fees › Section 66-6-36 - Payment in foreign currency.

To the extent permitted by the laws of the United States and by treaties entered into by the United States, the secretary may require all amounts due under the Motor Vehicle Code [66-1-1 NMSA 1978] or the Motor Transportation Act [Chapter 65, Articles 1, 3 and 5 NMSA 1978] to be paid in currency of the United States. To the extent the secretary permits or is required to permit payment of amounts due under the Motor Vehicle Code or the Motor Transportation Act to be made in foreign currency, the secretary after consultation with the secretary of finance and administration shall establish a procedure for selecting an appropriate exchange rate to be used in determining the amount due expressed in the foreign currency. The secretary may require, as a condition for accepting payment in a foreign currency, that any cost incurred or to be incurred by the department in converting the currency be added to the amount due. Amounts received by the department to defray the cost of converting currency are appropriated to the department for that purpose.
History:
1978 Comp., § 66-6-36, enacted by Laws 1995, ch. 135, § 21.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 7 - Traffic Laws; Signs, Signals and Markings; Accidents; Weight and Size; Traffic Safety › Part 1 - APPLICATION OF TRAFFIC LAWS › Section 66-7-1 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1990, ch. 120, § 45 repealed 66-7-1 NMSA 1978, as amended by Laws 1989, ch. 318, § 21, relating to definitions for traffic regulation, effective July 1, 1990. For provisions of former section,
see
the 1989 NMSA 1978 on
NMOneSource.com.
For present comparable provisions,
see
66-1-4.1 to 66-1-4.20 NMSA 1978.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 7 - Traffic Laws; Signs, Signals and Markings; Accidents; Weight and Size; Traffic Safety › Part 1 - APPLICATION OF TRAFFIC LAWS › Section 66-7-2 - Reference to vehicles upon the highways; exceptions.

A. The provisions of Chapter 66, Article 7 NMSA 1978 relating to the operation of vehicles refer exclusively to the operation of vehicles upon highways, except where a different place is specifically referred to in a given section.
B. The provisions of Sections 66-7-201 through 66-7-215, 66-7-352.5, 66-8-102 and 66-8-113 NMSA 1978 apply upon highways and elsewhere throughout the state.
History:
1953 Comp., § 64-7-2, enacted by Laws 1978, ch. 35, § 372; 2001, ch. 124, § 1.
ANNOTATIONS
The 2001 amendment,
effective June 15, 2001, inserted "66-7-352.5" in Subsection B and updated the internal references throughout the section.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 7A Am. Jur. 2d Automobiles and Highway Traffic §§ 1, 2, 11, 204 to 206, 266.
60 C.J.S. Motor Vehicles §§ 1 to 8, 16, 20.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 7 - Traffic Laws; Signs, Signals and Markings; Accidents; Weight and Size; Traffic Safety › Part 1 - APPLICATION OF TRAFFIC LAWS › Section 66-7-3 - Required obedience to traffic laws.

It is unlawful and, unless otherwise declared in the Motor Vehicle Code [66-1-1 NMSA 1978] with respect to particular offenses, it is a misdemeanor for any person to do any act forbidden or fail to perform any act required in Article 7 of Chapter 66 NMSA 1978.
History:
1953 Comp., § 64-7-3, enacted by Laws 1978, ch. 35, § 373.
ANNOTATIONS
Cross references.
— For the penalty for a misdemeanor,
see
66-8-7 NMSA 1978.
For duty of driver to take precautions when approaching blind person,
see
28-7-4 NMSA 1978.
Section subject to assimilation under federal law.
— The offenses described by Section 66-5-39 NMSA 1978 (driving while license suspended), 66-8-102 NMSA 1978 (driving while under the influence) and this section (violation of traffic laws) are all criminal offenses, and, as such, the applicable sentences are assimilated for offenses committed on military installations within the state under the Assimilative Crimes Act, 18 U.S.C. § 13.
United States v. Adams
, 140 F.3d 895 (10th Cir.), cert. denied, 525 U.S. 895, 119 S. Ct. 219, 142 L. Ed. 2d 180 (1998).
Enforcement outside jurisdiction.
— A municipal officer does not have the authority to enforce the Motor Vehicle Code outside the city limits of the municipality. 1988 Op. Att'y Gen. No. 88-77.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 7A Am. Jur. 2d Automobiles and Highway Traffic § 204.
Entrapment to commit traffic offense, 34 A.L.R.4th 1167.
60 C.J.S. Motor Vehicles § 25.
Automated traffic enforcement systems. 26 A.L.R.6th 179.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 7 - Traffic Laws; Signs, Signals and Markings; Accidents; Weight and Size; Traffic Safety › Part 1 - APPLICATION OF TRAFFIC LAWS › Section 66-7-4 - Obedience to police officers.

No person shall willfully fail or refuse to comply with any lawful order or direction of any police officer invested by law with authority to direct, control or regulate traffic.
History:
1941 Comp., § 68-2126, enacted by Laws 1953, ch. 139, § 24; 1953 Comp., § 64-15-3; recompiled as 1953 Comp., § 64-7-4, by Laws 1978, ch. 35, § 374.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 7A Am. Jur. 2d Automobiles and Highway Traffic § 19.
Motorist's liability for injury to one in or about a street or highway for the purpose of directing or warning traffic, 98 A.L.R.2d 1169.
60 C.J.S. Motor Vehicles § 43.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 7 - Traffic Laws; Signs, Signals and Markings; Accidents; Weight and Size; Traffic Safety › Part 1 - APPLICATION OF TRAFFIC LAWS › Section 66-7-5 - Public officers and employees to obey act; exceptions.

A. The provisions of Article 7, Chapter 66 NMSA 1978, applicable to the drivers of vehicles upon the highways, shall apply to the drivers of all vehicles owned or operated by the United States, this state or any county, city, town, district or any other political subdivision of the state, except as provided in this section and subject to such specific exceptions as are set forth in Article 7, Chapter 66 NMSA 1978 with reference to authorized emergency vehicles.
B. Unless specifically made applicable, the provisions of Article 7, Chapter 66 NMSA 1978 shall not apply to persons, teams, motor vehicles and other equipment while actually engaged in work upon the surface of a highway but shall apply to such persons and vehicles when traveling to or from such work.
History:
1953 Comp., § 64-7-5, enacted by Laws 1978, ch. 35, § 375.
ANNOTATIONS
Cross references.
— For definition of "authorized emergency vehicle",
see
66-1-4.1 NMSA 1978.
Provision creating exemption for work on highway should be strictly construed
and the right of the defendant to the benefits of the exemption must be clear and unmistakable.
Sturgeon v. Clark
, 1961-NMSC-125, 69 N.M. 132, 364 P.2d 757.
Provision recognizes fact that maintenance personnel cannot follow road rules.
— The legislature incorporated Section 64-15-4, 1953 Comp. (similar to this section), into the law in recognition of the fact that in constructing, repairing and maintaining highways there are circumstances under which men and equipment must be present on the surface of the highway without being held to comply with the rules of the road which are generally binding.
Sturgeon v. Clark
, 1961-NMSC-125, 69 N.M. 132, 364 P.2d 757.
Actual work must be performed for exemption to apply.
— While providing for performing necessary work without being in violation of provisions otherwise applicable, the legislature was careful to restrict the exemption to situations where actual work was being performed on the surface of the highway. It is not for the court to extend the application beyond the clear language used.
Sturgeon v. Clark
, 1961-NMSC-125, 69 N.M. 132, 364 P.2d 757.
Even without express direction from the legislature that local traffic regulations
should extend to drivers of federal, state or other vehicles, such drivers are amenable to them. 1955 Op. Att'y Gen. No. 55-6313.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 7A Am. Jur. 2d Automobiles and Highway Traffic § 207.
60 C.J.S. Motor Vehicles § 21.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 7 - Traffic Laws; Signs, Signals and Markings; Accidents; Weight and Size; Traffic Safety › Part 1 - APPLICATION OF TRAFFIC LAWS › Section 66-7-7 - Traffic laws apply to persons riding animals or driving animal-drawn vehicles.

Every person riding an animal or driving any animal-drawn vehicle upon a roadway shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of a vehicle by Article 7 of Chapter 66 NMSA 1978, except those provisions of Article 7 of Chapter 66 NMSA 1978 which by their very nature can have no application, and except where otherwise specifically provided in Aticle [Article] 7 of Chapter 66 NMSA 1978.
History:
1953 Comp., § 64-7-7, enacted by Laws 1978, ch. 35, § 377.
ANNOTATIONS
Provision has no application to horses being driven across highway.
Knox v. Trujillo
, 1963-NMSC-132, 72 N.M. 345, 383 P.2d 823.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— Liability for damage to motor vehicle or injury to person riding therein from collision with runaway horse, or horse left unattended or untied in street, 49 A.L.R.4th 653.
60 C.J.S. Motor Vehicles § 43.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 7 - Traffic Laws; Signs, Signals and Markings; Accidents; Weight and Size; Traffic Safety › Part 1 - APPLICATION OF TRAFFIC LAWS › Section 66-7-8 - Provisions uniform throughout state.

The provisions of Article 7 of Chapter 66 NMSA 1978 shall be applicable and uniform throughout this state and in all political subdivisions and municipalities therein and no local authority shall enact or enforce any ordinance, rule or regulation in conflict with such provisions unless expressly authorized herein. Local authorities may, however, adopt additional traffic regulations which are not in conflict with such provisions.
History:
1953 Comp., § 64-7-8, enacted by Laws 1978, ch. 35, § 378.
ANNOTATIONS
Ordinance proscribing drunk driving solely on public highways not inconsistent.
— A city ordinance which was construed by the court of appeals to proscribe drunk driving solely on public highways was not inconsistent with the broader state proscription.
City of Las Cruces v. Davis
, 1975-NMCA-044, 87 N.M. 425, 535 P.2d 68.
Albuquerque's ordinance making it unlawful for any person under the influence to operate vehicle is enforceable
under and consistent with state law. The fact that the ordinance defines an attempted misdemeanor does not mean it is invalid because Section 30-28-1 NMSA 1978 prohibits sentencing for an attempted misdemeanor. The latter is a general law and is not applicable if a special law covers the same matter. Likewise, the last sentence of former Section 64-15-7, 1953 Comp. (similar to this section), specifically authorizes Albuquerque to adopt additional traffic regulations.
City of Albuquerque v. Chavez
, 1978-NMCA-032, 91 N.M. 559, 577 P.2d 457, cert. denied, 91 N.M. 610, 577 P.2d 1256.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 7A Am. Jur. 2d Automobiles and Highway Traffic §§ 17, 206.
60 C.J.S. Motor Vehicles § 43.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 7 - Traffic Laws; Signs, Signals and Markings; Accidents; Weight and Size; Traffic Safety › Part 1 - APPLICATION OF TRAFFIC LAWS › Section 66-7-10 - No interference with rights of owners of real property with reference thereto.

Nothing in Article 7 of Chapter 66 NMSA 1978 shall be construed to prevent the owner of real property, used by the public for purposes of vehicular travel by permission of the owner and not as matter of right, from prohibiting such use, or from requiring other or different or additional conditions than those so specified or otherwise regulating such use as may seem best to such owner.
History:
1953 Comp., § 64-7-10, enacted by Laws 1978, ch. 35, § 380.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 7A Am. Jur. 2d Automobiles and Highway Traffic §§ 232 to 234.
60 C.J.S. Motor Vehicles §§ 26, 43.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 7 - Traffic Laws; Signs, Signals and Markings; Accidents; Weight and Size; Traffic Safety › Part 1 - APPLICATION OF TRAFFIC LAWS › Section 66-7-11 - New Mexico state police power to close certain highways in emergencies.

Notwithstanding any rule or agreement of the department of transportation, the New Mexico state police, in cases of emergency where the condition of a state, United States or interstate highway presents a substantial danger to vehicular travel by reason of storm, fire, accident, spillage of hazardous materials or other unusual or dangerous conditions, may temporarily close such highway to vehicular travel; provided that the state police shall use all means necessary to reroute traffic around the accident or incident scene using lanes, shoulders, frontage roads or alternative routes that may be available and physically unaffected by the accident or incident. The department of transportation shall be notified of the highway closure as soon as practicable and assist the state police with traffic control. During the course of any investigation where evidence is present in the travel portion of the roadway, such evidence shall be documented and collected first so that the roadway can be cleared and traffic can be routed through the scene. Any other law enforcement agency that may be investigating an accident or incident where the investigating agency believes closure of the highway is necessary shall contact the state police immediately. The state police shall evaluate the emergency situation and determine if the closure is necessary and, with the assistance of the investigating agency, shall reroute traffic around the accident or incident scene. The state police shall make the final determination regarding the length of time it is necessary to have the highway closed and other law enforcement agencies shall adhere to the directions of the state police.
History:
Laws 1987, ch. 280, § 1; 2007, ch. 175, § 1.
ANNOTATIONS
The 2007 amendment,
effective June 15, 2007, added U.S. and interstate highways and provided criteria and the process for the temporary closure of highways.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 7 - Traffic Laws; Signs, Signals and Markings; Accidents; Weight and Size; Traffic Safety › Part 1 - APPLICATION OF TRAFFIC LAWS › Section 66-7-12 - Autonomous motor vehicles; notification and regulation of testing.

A. Prior to testing an autonomous motor vehicle or an autonomous commercial motor vehicle on a public highway in New Mexico, a person owning or operating such a motor vehicle shall notify the department of transportation at least five calendar days in advance of such operation on a form provided by rule by the department of at least the following information:
(1) the serial number and type of each motor vehicle to be tested;
(2) the routes to be used by the motor vehicles;
(3) the level of automated driving systems to be used by the motor vehicles; and
(4) such additional information as may be required by the department of transportation by rule.
B. The department of transportation shall promulgate rules regarding the notification and regulation process provided for in Subsection A of this section, including forms to be used and information to be submitted by operators of autonomous motor vehicles and autonomous commercial motor vehicles when testing such motor vehicles on public highways in New Mexico.
History:
Laws 2021, ch. 114, § 7.
ANNOTATIONS
Effective dates.
— Laws 2021, ch. 114, § 9 made Laws 2021, ch. 114, § 7 effective July 1, 2022.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 7 - Traffic Laws; Signs, Signals and Markings; Accidents; Weight and Size; Traffic Safety › Part 1 - APPLICATION OF TRAFFIC LAWS › Section 66-7-13 - Autonomous motor vehicles; standards; local regulation.

A. Autonomous motor vehicles and autonomous commercial motor vehicles shall meet all applicable federal motor vehicle safety standards. Additionally, autonomous motor vehicles and autonomous commercial motor vehicles shall be capable of being operated in compliance with applicable traffic and motor vehicle laws in New Mexico.
B. No political subdivision of the state may, by ordinance, resolution or any other means, prohibit the testing or operation of an autonomous motor vehicle or autonomous commercial motor vehicle within the jurisdictional boundaries of the political subdivision solely on the basis of the motor vehicle being equipped with an automated driving system.
History:
Laws 2021, ch. 114, § 8.
ANNOTATIONS
Effective dates.
— Laws 2021, ch. 114, § 9 made Laws 2021, ch. 114, § 8 effective July 1, 2022.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 7 - Traffic Laws; Signs, Signals and Markings; Accidents; Weight and Size; Traffic Safety › Part 2 - SIGNS, SIGNALS AND MARKINGS › Section 66-7-101 - State transportation commission to adopt sign manual.

The state transportation commission shall adopt a manual and specifications for a uniform system of traffic-control devices consistent with the provisions of Chapter 66, Article 7 NMSA 1978 for use upon highways within this state. The uniform system shall correlate with and so far as possible conform to the system then current as approved by the American association of state highway officials.
History:
1953 Comp., § 64-7-101, enacted by Laws 1978, ch. 35, § 381; 2003, ch. 142, § 11.
ANNOTATIONS
The 2003 amendment,
effective July 1, 2003, substituted "transportation commission" for "highway commission" in the section heading and the section; and substituted "provisions of Chapter 66, Article 7 NMSA 1978" for "provisions of Article 7 of Chapter 64 NMSA 1953."
Traffic control manual given prospective effect only.
— The manual of uniform traffic control adopted by the commission as it relates to stop signs is to be given prospective effect only.
Sellman v. Haddock
, 1959-NMSC-082, 66 N.M. 206, 345 P.2d 416.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 7A Am. Jur. 2d Automobiles and Highway Traffic §§ 232 to 234.
Legal aspects of speed bumps, 60 A.L.R.4th 1249.
60 C.J.S. Motor Vehicles § 43.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 7 - Traffic Laws; Signs, Signals and Markings; Accidents; Weight and Size; Traffic Safety › Part 2 - SIGNS, SIGNALS AND MARKINGS › Section 66-7-102 - State transportation commission to sign all state highways.

A. The state transportation commission shall place and maintain such traffic-control devices, conforming to its manual and specifications, upon all state highways as it deems necessary to indicate and to carry out the provisions of Chapter 66, Article 7 NMSA 1978 or to regulate, warn or guide traffic.
B. No local authority shall place or maintain any traffic-control device upon any highway under the jurisdiction of the state transportation commission except by permission of the commission.
History:
1953 Comp., § 64-7-102, enacted by Laws 1978, ch. 35, § 382; 2003, ch. 142, § 12.
ANNOTATIONS
Cross references.
— For provisions preventing local authorities from enacting conflicting ordinances,
see
66-7-8 NMSA 1978.
For powers of local authorities with respect to streets and highways,
see
66-7-9 NMSA 1978.
The 2003 amendment,
effective July 1, 2003, substituted "transportation commission" for "highway commission" in the section heading and the section; and substituted "provisions of Chapter 66, Article 7 NMSA 1978" for "provisions of Article 7 of Chapter 64 NMSA 1953."
Liability for failure to post signs.
— In an action claiming that negligence of the highway and transportation department (now department of transportation) in failing to post proper traffic signs resulted in an accident, the question whether signs were necessary to fulfill the department's duty to reasonably regulate, warn or guide traffic was a question of fact for the jury.
Pollock v. State Hwy. & Transp. Dep't
, 1999-NMCA-083, 127 N.M. 521, 984 P.2d 768, cert. denied, 127 N.M. 389, 981 P.2d 1207.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— Motorist's liability for collision at intersection of ordinary and arterial highways as affected by absence, displacement, or malfunctioning of stop sign or other traffic signal, 74 A.L.R.2d 242.
Liability of highway authorities arising out of motor vehicle accident allegedly caused by failure to erect or properly maintain traffic control device at intersection, 34 A.L.R.3d 1008.
Highways: governmental duty to provide curve warnings or markings, 57 A.L.R.4th 342.
Governmental liability for failure to post highway deer crossing warning signs, 59 A.L.R.4th 1217.