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 1A - COMMERCIAL DRIVERS' LICENSES › Section 66-5-67 - Expiration and renewal; staggered licensing during implementation period.

A. Except as provided in Subsections C and E of this section, a commercial driver's license issued pursuant to the provisions of the New Mexico Commercial Driver's License Act [66-5-52 to 66-5-72 NMSA 1978] shall expire thirty days after the applicant's birthday in the fourth year after the effective date of the license.
B. The license is renewable within ninety days prior to its expiration or at an earlier date as approved by the secretary.
C. At the option of an applicant, a commercial driver's license may be issued for a period of eight years, provided that the applicant:
(1) pays the amount required for a commercial driver's license issued for a term of eight years;
(2) otherwise qualifies for a four-year commercial driver's license; and
(3) will not reach the age of seventy-nine during the last four years of the eight-year license period.
D. A driver's license issued pursuant to the provisions of Subsection C of this section shall expire thirty days after the applicant's birthday in the eighth year after the effective date of the license.
E. A commercial driver's license with a hazardous material endorsement shall expire:
(1) for an applicant transferring a commercial driver's license with the hazardous material endorsement, four years from the date of the last background check and testing for the hazardous material endorsement; or
(2) for an applicant adding endorsements or other changes to the commercial driver's license, no later than the expiration date of the hazardous material endorsement.
History:
Laws 1989, ch. 14, § 16; 1992, ch. 13, § 7; 1999, ch. 222, § 3; 2007, ch. 321, § 7; 2022, ch. 24, § 5.
ANNOTATIONS
The 2022 amendment,
effective January 1, 2023, raised the age limit for applicants who opt for an eight year commercial driver's license, and revised the conditions under which a commercial driver's license with a hazardous material endorsement shall expire, to be no later than the expiration date of the endorsement rather than the issuance of the commercial driver's license; in Subsection C, Paragraph C(3), after "will not reach the age of", deleted "seventy-five" and added "seventy-nine"; and in Subsection E, Paragraph E(2), after "the expiration date of the", deleted "commercial driver's license originally issued with the".
The 2007 amendment,
effective April 2, 2007, added Subsection E to provide expiration dates for commercial driver's licenses with a hazardous material endorsement.
The 1999 amendment,
effective July 1, 1999, deleted former Subsection C, and added Subsections C and D.
The 1992 amendment,
effective April 1, 1992, added "staggered licensing during implementation period" to the section catchline, added "Except as provided in Subsection C of this section," in Subsection A, substituted "secretary" for "director" in Subsection B, and added Subsection C.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 5 - Licensing of Operators and Chauffeurs; Financial Responsibility; Uninsured Motorists' Insurance; Identification Cards › Part 1A - COMMERCIAL DRIVERS' LICENSES › Section 66-5-68.1 - Repealed.

ANNOTATIONS
Repeals.
— Laws 2003, ch. 90, § 9 repealed 66-5-68.1 NMSA 1978, as enacted by Laws 1992, ch. 13, § 9, relating to persons under influence of alcohol, effective March 28, 2003. For provisions of former section,
see
the 2002 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 5 - Licensing of Operators and Chauffeurs; Financial Responsibility; Uninsured Motorists' Insurance; Identification Cards › Part 1A - COMMERCIAL DRIVERS' LICENSES › Section 66-5-69 - Notification of traffic convictions.

Within ten days after receiving a report of the conviction of a holder of a nonresident commercial driver's license for a violation of state law or local ordinance relating to motor vehicle traffic control other than a parking violation, committed in a commercial motor vehicle or a noncommercial motor vehicle, the division, after receipt of conviction information required pursuant to Section 66-5-28 NMSA 1978, shall forward the conviction information to the licensing authority that issued the commercial driver's license. A resident's conviction information shall be posted on the resident's motor vehicle record with the same speed used to post a nonresident's conviction information on the nonresident's motor vehicle record.
History:
Laws 1989, ch. 14, § 18; 2004, ch. 59, § 19.
ANNOTATIONS
The 2004 amendment,
effective March 4, 2004, added after "commercial motor vehicle" "or a noncommercial motor vehicle", deleted "notify the driver's licensing authority in the licensing state of the conviction in this state" and inserted in its place: "forward the conviction information to the licensing authority that issued the commercial driver's license. A resident's conviction information shall be posted on the resident's motor vehicle record with the same speed used to post a nonresident's conviction information on the nonresident's motor vehicle record".
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 5 - Licensing of Operators and Chauffeurs; Financial Responsibility; Uninsured Motorists' Insurance; Identification Cards › Part 1A - COMMERCIAL DRIVERS' LICENSES › Section 66-5-69.1 - Violation convictions; actions to mask, defer or divert; prohibited.

A. A person shall take no action to prevent a conviction of a traffic control law violation from appearing on the driving record of a commercial driver's license holder, regardless of the vehicle or state in which the violation occurred, including:
(1) masking or deferring imposition of a judgment of a traffic control law violation committed by a holder of a commercial driver's license; or
(2) allowing a holder of a commercial driver's license to enter a diversion program upon conviction of a traffic control law violation.
B. As used in this section, "traffic control law violation" does not include a parking violation.
History:
Laws 2007, ch. 321, § 9.
ANNOTATIONS
Emergency clause.
— Laws 2007, ch. 321, § 12 contained an emergency clause and was approved April 2, 2007.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 5 - Licensing of Operators and Chauffeurs; Financial Responsibility; Uninsured Motorists' Insurance; Identification Cards › Part 1A - COMMERCIAL DRIVERS' LICENSES › Section 66-5-70 - Reciprocity.

Notwithstanding any other provision of law, a person who is not a New Mexico resident may drive a commercial motor vehicle if that person has a commercial driver's license issued by any state in accordance with the minimum standards established by the federal highway administration for the issuance of commercial driver's licenses, if the license is not suspended, revoked or canceled and if the person is not disqualified from driving a commercial motor vehicle or subject to an out-of-service order.
History:
Laws 1989, ch. 14, § 19; 1998, ch. 17, § 4.
ANNOTATIONS
Cross references.
— For definition of "out-of-service order",
see
66-5-54 NMSA 1978.
The 1998 amendment,
effective May 20, 1998, inserted "minimum" preceding "standards", inserted "established by the federal highway administration", and deleted "New Mexico" preceding "commercial driver's licenses,".
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 5 - Licensing of Operators and Chauffeurs; Financial Responsibility; Uninsured Motorists' Insurance; Identification Cards › Part 1A - COMMERCIAL DRIVERS' LICENSES › Section 66-5-71 - Penalties for violation of out-of-service orders.

A. A driver who is convicted of violating an out-of-service order shall be subject to a civil penalty of not less than two thousand five hundred dollars ($2,500) for a first violation and five thousand dollars ($5,000) for a second or subsequent violation, in addition to disqualification as provided in Subsection C of this section. The director shall collect the penalty upon conviction.
B. An employer who is convicted of a violation of Subsection C of Section 66-5-58 NMSA 1978 shall be subject to a civil penalty of not less than two thousand seven hundred fifty dollars ($2,750) or more than eleven thousand dollars ($11,000). The director shall collect the penalty upon conviction.
C. A driver who is convicted of violating an out-of-service order shall be disqualified for:
(1) not less than ninety days or more than one year if the driver is convicted of a first violation of an out-of-service order;
(2) not less than one year or more than five years if, during any ten-year period, the driver is convicted of two violations of out-of-service orders in separate incidents; and
(3) not less than three years or more than five years if, during any ten-year period, the driver is convicted of three or more violations of out-of-service orders in separate incidents.
History:
Laws 1998, ch. 17, § 5; 2000, ch. 71, § 3; 2003, ch. 51, § 6; 2005, ch. 312, § 8; 2009, ch. 200, § 6.
ANNOTATIONS
Cross references.
— For definition of "out-of-service order",
see
66-5-54 NMSA 1978.
The 2009 amendment,
effective July 1, 2009, in Subsection A, after "civil penalty of not less than", deleted "one thousand one hundred dollars ($1,100) or more than two thousand seven hundred fifty dollars ($2,700)" and added "two thousand five hundred dollars ($2,500) for a first violation and five thousand dollars ($5,000) for a second or subsequent violation".
The 2005 amendment,
effective July 1, 2005, provided in Subsections A and B that the director shall collect the penalty upon conviction.
The 2003 amendment,
effective March 19, 2003, rewrote Subsections A and B.
The 2000 amendment,
effective May 17, 2000, substituted "not less than one thousand dollars ($1,000) or more than two thousand five hundred dollars ($2,500)" for "not less than ten dollars ($10.00) or more than twenty-five dollars ($25.00)" in Subsection A and substituted "not less than two thousand five hundred dollars ($2,500) or more than ten thousand dollars ($10,000)" for "not less than twenty-five dollars ($25.00) or more than one hundred dollars ($100)" in 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 1A - COMMERCIAL DRIVERS' LICENSES › Section 66-5-72 - Employer penalties for railroad-highway grade crossing violations.

An employer who is convicted of a violation of Subsection D of Section 66-5-58 NMSA 1978 shall be subject to a civil penalty of not more than ten thousand dollars ($10,000) for each violation. The director shall collect the penalty upon conviction.
History:
Laws 2003, ch. 51, § 7; 2005, ch. 312, § 9.
ANNOTATIONS
The 2005 amendment,
effective July 1, 2005, provided in Subsections A and B that the director shall collect the penalty upon conviction.
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 66-5-201.1 - Purpose.

The legislature is aware that motor vehicle accidents in New Mexico can result in catastrophic financial hardship. The purpose of the Mandatory Financial Responsibility Act is to require residents of New Mexico who own and operate motor vehicles upon the highways of the state either to have the ability to respond in damages to accidents arising out of the use and operation of a motor vehicle or to obtain a motor vehicle insurance policy.
History:
Laws 1983, ch. 318, § 2; 1998, ch. 34, § 4.
ANNOTATIONS
The 1998 amendment,
effective July 1, 1998, deleted "the state of" preceding "New Mexico" in two places; deleted "and encourage" following "require"; and inserted "either" and substituted "or to obtain a motor vehicle insurance policy" for "it is the intent that the risks and financial burdens of motor vehicle accidents be equitably distributed among all owners and opeartors of motor vehicles within the state".
The Mandatory Financial Responsibility Act does not render a vehicle owner vicariously liable for injuries caused by the owner's vehicle when driven by another.
Maya v. GMC Corp.
, 953 F.Supp. 1245 (D.N.M. 1996).
Geographical coverage.
— The Mandatory Financial Responsibility Act was primarily adopted in response to the legislative concern about motor vehicle accidents in this state. Nothing in the overall statutory scheme indicates that the legislature intended to mandate broader geographical coverage for uninsured motorist coverage than for other types of coverage.
Dominguez v. Dairyland Ins. Co.
, 1997-NMCA-065, 123 N.M. 448, 942 P.2d 191, cert. denied, 123 N.M. 446, 942 P.2d 189.
Purpose of the act.
— This section reflects the view that the required automobile liability insurance is for the benefit of the public generally, innocent victims of automobile accidents, as well as the insured.
Allstate Ins. Co. v. Jensen
, 1990-NMSC-009, 109 N.M. 584, 788 P.2d 340.
Legislative intent.
— By enacting the financial responsibility laws, Sections 64-24-42 through 64-24-107, 1953 Comp. (similar to 66-5-201 to 66-5-239 NMSA 1978), the legislature intended to eliminate the financially irresponsible driver from the highways and to provide for the giving of security and proof of financial responsibility by owners and operators of motor vehicles. 1969 Op. Att'y Gen. No. 69-119.
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 66-5-202 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1990, ch. 120, § 45 repealed 66-5-202 NMSA 1978, as enacted by Laws 1978, ch. 35, § 278, relating to definitions, 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 5 - Licensing of Operators and Chauffeurs; Financial Responsibility; Uninsured Motorists' Insurance; Identification Cards › Part 3 - FINANCIAL RESPONSIBILITY › Section 66-5-203 - Director to administer act.

The director shall:
A. administer and enforce the provisions of the Mandatory Financial Responsibility Act and may make rules and regulations necessary for its administration;
B. receive and consider any pertinent information upon request of persons aggrieved by his orders or acts under any of the provisions of the Mandatory Financial Responsibility Act; and
C. prescribe and provide suitable forms requisite or deemed necessary for the purposes of the Mandatory Financial Responsibility Act.
History:
1953 Comp., § 64-5-203, enacted by Laws 1978, ch. 35, § 279; 1983, ch. 318, § 4.
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 66-5-204 - Administrative and court review.

An owner of a motor vehicle registered in New Mexico who is aggrieved by the decision of the secretary made under the provisions of the Mandatory Financial Responsibility Act may appeal to the administrative hearings office for a hearing to be held within twenty days after the receipt by the administrative hearings office of the appeal. A person who continues to be aggrieved after the decision made by the hearing officer may appeal that decision in the district court pursuant to the provisions of Section 39-3-1.1 NMSA 1978.
History:
1978 Comp., § 66-5-204, enacted by Laws 1983, ch. 318, § 5; 1998, ch. 55, § 79; 1999, ch. 265, § 80; 2015, ch. 73, § 32.
ANNOTATIONS
Repeals and reenactments.
— Laws 1983, ch. 318, § 5, repealed former 66-5-204 NMSA 1978, relating to court review of orders or acts of the director of the motor vehicle division, and enacted the above section.
Cross references.
— For appeal of final decisions by agencies to district court,
see
39-3-1.1 NMSA 1978.
For procedures governing administrative appeals to the district court,
see
Rule 1-074 NMRA.
The 2015 amendment,
effective July 1, 2015, authorized the owner of a motor vehicle registered in New Mexico who is aggrieved by the decision of the secretary made under the provisions of the Mandatory Financial Responsibility Act to appeal to the administrative hearings office; after "appeal to the", deleted "hearing officer of the department" and added "administrative hearings office", after "twenty days", deleted "of" and added "after", after "receipt by the", deleted "department" and added "administrative hearings office", and after "continues", added "to be".
The 1999 amendment,
effective July 1, 1999, substituted "secretary" for "director", "department" for "division", and "Section 39-3-1.1" for "Section 12-8A-1".
The 1998 amendment,
effective September 1, 1998, rewrote the second and third sentences and made minor stylistic changes throughout the section.
Review under former law.
— Since the state has a legitimate interest in protecting the users of its highways by placing reasonable restrictions upon the driving privilege, the concept of requiring proof of financial responsibility from licensees was clearly constitutional, and such proof could be required, without a hearing to avoid suspension, following an accident; the judicial review provided for in Section 64-24-44, 1953 Comp. (similar to this section), was adequate to assure compliance with the law by the administrative officials.
Quetawki v. Prentice
, 303 F. Supp. 737 (D.N.M. 1968).
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 66-5-205.2 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1991, ch. 174, § 1 repealed 66-5-205.2 NMSA 1978, as enacted by Laws 1989, ch. 214, § 2, relating to uninsured motorist involved in accident and procedures for reporting possible claim, effective June 14, 1991. For provisions of former section,
see
the 1990 NMSA 1978 on
NMOneSource.com.
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 66-5-206 - Registration without insurance or evidence of financial responsibility prohibited; suspension required.

A. The department shall not issue or renew the registration for any motor vehicle not covered by a motor vehicle insurance policy or by evidence of financial responsibility currently valid meeting the requirements of the laws of New Mexico and of the secretary, unless specifically exempted from the Mandatory Financial Responsibility Act.
B. Upon a showing by its records or other sufficient evidence that the required insurance or evidence of financial responsibility has not been provided or maintained for a motor vehicle, the department shall suspend its registration of the motor vehicle.
History:
1978 Comp., § 66-5-206, enacted by Laws 1983, ch. 318, § 7; 1998, ch. 34, § 7.
ANNOTATIONS
Recompilations.
— Laws 1983, ch. 318, § 7, recompiled former 66-5-206 NMSA 1978, relating to the meaning of "proof of financial responsibility for the future," as 66-5-208 NMSA 1978, effective January 1, 1984.
The 1998 amendment,
effective July 1, 1998, substituted "department" for "division" throughout the section; and in Subsection A, substituted 'insurance" for "liability policy or a certified motor vehicle liability" following "a motor vehicle" and "secretary" for "director" near the end.
Automatic suspension provisions constitutional.
— Provisions which provided for the automatic suspension of the license and vehicle registration of any person involved in an accident unless the person furnished proof of financial responsibility and deposited security with the state's division of motor vehicles without a prior determination of fault was not violative of due process of law in violation of the Fourteenth Amendment to the United States constitution but was a reasonable method of advancing the legislative purpose, and could not be attacked for over-breadth.
Trujillo v. DeBaca
, 320 F. Supp. 1038 (D.N.M. 1970).
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 66-5-207.1 - Self-insurers.

A. The superintendent of insurance shall issue a certificate of self-insurance to any applicant with motor vehicles registered in his name in this state, provided that the applicant has met the same criteria for self-insurance as set by the superintendent of insurance for workmen's compensation liability.
B. Upon not less than five days' notice and a hearing pursuant to such notice, the superintendent upon reasonable grounds may cancel a certificate of self-insurance. Failure to pay any judgment within thirty days after the judgment is final constitutes a reasonable ground for the cancellation of a certificate of self-insurance.
History:
1978 Comp., § 66-5-207.1, enacted by Laws 1986, ch. 111, § 2.
ANNOTATIONS
Regulation cannot affect exempt status of self-insured entity.
— A regulation on the requirements for obtaining a certificate of self-insurance stating that car rental agreements must provide that the lessor shall be primarily liable and that the lessee shall be secondarily liable under the Mandatory Financial Responsibility Act did not make the Act applicable to a self-insured car rental company, because that interpretation would directly conflict with Subsection E of Section 66-5-207 NMSA 1978 which explicitly exempts self-insured vehicles.
Cordova v. Wolfel
, 1995-NMSC-061, 120 N.M. 557, 903 P.2d 1390.
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 66-5-209 - Meaning of "judgment".

"Judgment," as used in the Mandatory Financial Responsibility Act, means any judgment which becomes final by expiration without appeal of the time within which an appeal might have been perfected or by final affirmation on appeal rendered by a court of competent jurisdiction of any state or of the United States, upon a cause of action arising out of the ownership, maintenance or use of any motor vehicle of a type subject to registration under the laws of New Mexico, for damages, including damages for care and loss of services, because of bodily injury to or death of any person or for damages because of injury to or destruction of property, including the loss of use thereof, or upon a cause of action on an agreement of settlement for such damages.
History:
1953 Comp., § 64-5-207, enacted by Laws 1978, ch. 35, § 283; 1978 Comp., 64-5-207, recompiled as § 66-5-209 by Laws 1983, ch. 318, §§ 8, 10.
ANNOTATIONS
Repeals.
— Laws 1983, ch. 318, § 42, repealed former 66-5-209 NMSA 1978, relating to suspension of license until proof is furnished, effective January 1, 1984.
No separate limit for loss of consortium.
— Because New Mexico's financial responsibility statutes do not establish separate limits for loss of consortium claims, clause in insurance policy requiring insurer to furnish statutory limits for such claims was not triggered.
Nollen v. Reynolds
, 1998-NMCA-108, 125 N.M. 387, 962 P.2d 633.
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 66-5-210 - Settlement agreements for payment of damages.

A. Any two or more of the persons involved in or affected by a motor vehicle accident may at any time enter into a written settlement agreement for the payment of an agreed amount with respect to all claims of any of the persons because of bodily injury to or the death of any person or property damage arising from the accident, which agreement may provide for payment in installments, and may file a signed copy of the settlement agreement with the division.
B. In the event of a default in any payment under such settlement agreement and upon notice of default, the division shall take action suspending the license or registration, or both if the owner and driver are the same person, or any nonresident's operating privilege of the person in default.
C. The suspension shall remain in effect and the license or registration shall not be restored until:
(1) the person in default has paid the balance of the agreed amount; or
(2) one year has elapsed following the effective date of the suspension and evidence satisfactory to the division has been filed with it that during such period no action at law upon the settlement agreement has been instituted and is pending.
History:
1953 Comp., § 64-24-70.1, enacted by Laws 1971, ch. 59, § 2; recompiled as 1953 Comp., § 64-5-212 by Laws 1978, ch. 35, § 288; 1978 Comp., § 66-5-212, recompiled as § 66-5-210 by Laws 1983, ch. 318, § 11.
ANNOTATIONS
Repeals.
— Laws 1983, ch. 318, § 42, repealed former 66-5-210 NMSA 1978, relating to actions in respect to unlicensed persons, effective January 1, 1984.
Cross reference.
— For the Structured Settlement Protection Act,
see
39-1A-1 NMSA 1978.
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 66-5-211 - When courts to report nonpayment of judgments.

Whenever any person fails within thirty days to satisfy any judgment, then upon the written request of the judgment creditor or his attorney it shall be the duty of the clerk of the court, or the judge of a court which has no clerk, in which any such judgment is rendered within this state to forward to the division immediately upon such request a certified copy of such judgment.
History:
1953 Comp., § 64-5-213, enacted by Laws 1978, ch. 35, § 289; 1978 Comp., § 66-5-213, recompiled as § 66-5-211 by Laws 1983, ch. 318, § 41.
ANNOTATIONS
Repeals.
— Laws 1983, ch. 318, § 43, repealed former 66-5-211 NMSA 1978, relating to actions in respect to nonresidents, effective January 1, 1984.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 7A Am. Jur. 2d Automobiles and Highway Traffic § 158.
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 66-5-212 - Application to nonresidents, unlicensed drivers, unregistered vehicles and accidents in other states.

A. When a nonresident's operating privilege is suspended under the Mandatory Financial Responsibility Act and Sections 66-5-301 through 66-5-303 NMSA 1978, the division may transmit a certified copy of the record of such action to the official in charge of the issuance of licenses and registration certificates in the state in which the nonresident resides if the law of the other state provides for action in relation thereto similar to that provided for in Subsection B of this section.
B. Upon receipt of certification that the driving privilege of a resident of New Mexico has been suspended or revoked in any other state pursuant to a law providing for its suspension or revocation for failure to pay settlement agreements or judgments arising out of a motor vehicle accident or for failure to give and maintain evidence of financial responsibility under circumstances which would require the division to suspend a nonresident's operating privilege had the accident occurred in New Mexico, the division may suspend the license of the resident if he was the driver and all of his registrations if he was the owner of a motor vehicle involved in the accident. The suspension shall continue until the resident furnishes evidence of his compliance with the law of the other state.
History:
§ 64-5-214 enacted by Laws 1978, ch. 35, § 290; 1978 Comp., § 66-5-214, recompiled as § 66-5-212 by Laws 1983, ch. 318, § 12.
ANNOTATIONS
Recompilations.
— Laws 1983, ch. 318, § 11, recompiled former 66-5-212 NMSA 1978, relating to settlement agreements for payment of damages, as 66-5-210 NMSA 1978, effective January 1, 1984.
Compiler's notes.
— Although the catchline refers to "unlicensed drivers" and "unregistered vehicles," all such provisions were deleted by the 1983 amendment.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 7A Am. Jur. 2d Automobiles and Highway Traffic §§ 107, 156.
60 C.J.S. Motor Vehicles §§ 110, 152.
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 66-5-213 - Exception when consent granted by judgment creditor.

If the judgment creditor or party to a settlement agreement consents in writing in such form as the division may prescribe that the judgment debtor or other party to a settlement agreement be allowed license and registration or nonresident's operating privilege, the same may be allowed by the division, in its discretion, for six months from the date of the consent and thereafter until the consent is revoked in writing, notwithstanding default in the payment of the judgment or of any installments thereof prescribed in Section 66-5-216 NMSA 1978 or default in payment of a settlement agreement, provided the judgment debtor or the released party to a settlement agreement furnishes evidence of financial responsibility.
History:
1953 Comp., § 64-5-218, enacted by Laws 1978, ch. 35, § 294; 1978 Comp., § 66-5-218, recompiled as § 66-5-213 by Laws 1983, ch. 318, § 13.
ANNOTATIONS
Recompilations.
— Laws 1983, ch. 318, § 41, recompiled former 66-5-213 NMSA 1978, relating to when courts are to report nonpayment of judgments, as 66-5-211 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 66-5-214 - Discharge in bankruptcy.

A discharge in bankruptcy shall not relieve any person from any of the requirements of the Mandatory Financial Responsibility Act.
History:
1953 Comp., § 64-24-78, enacted by Laws 1955, ch. 182, § 315; recompiled as 1953 Comp., § 64-5-221, by Laws 1978, ch. 35, § 297; 1978 Comp., § 66-5-221, recompiled as § 66-5-214 by Laws 1983, ch. 318, § 14.
ANNOTATIONS
Recompilations.
— Laws 1983, ch. 318, § 12, recompiled former 66-5-214 NMSA 1978, relating to application of the Mandatory Financial Responsibility Act to nonresidents, unlicensed drivers, unregistered vehicles and accidents in other states, as 66-5-212 NMSA 1978, effective January 1, 1984.
A motorist cannot obtain restoration of driver's license
by obtaining discharge of the judgment taken against him in the bankruptcy court. 1957 Op. Att'y Gen. No. 57-76.
Revocation is based on state's considered public policy.
— This section intended that a driver's license should remain revoked regardless of whether the motorist had obtained his discharge in bankruptcy, and such is based on the considered public policy of this state. 1957 Op. Att'y Gen. No. 57-76.
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 66-5-216 - Installment payment of judgments; default.

A. A judgment debtor, upon due notice to the judgment creditor, may apply to the court in which the judgment was rendered for the privilege of paying the judgment in installments, and the court in its discretion and without prejudice to any other legal remedies which the judgment creditor may have may so order and fix the amounts and times of payment of the installments.
B. The division shall not suspend a license, registration or nonresident's operating privilege and shall restore any license, registration or nonresident's operating privilege suspended following nonpayment of a judgment when the judgment debtor gives evidence of financial responsibility and obtains an order permitting the payment of the judgment in installments and while the payment of any installments is not in default.
History:
1953 Comp., § 64-5-223, enacted by Laws 1978, ch. 35, § 299; 1978 Comp., § 66-5-223, recompiled as § 66-5-216 by Laws 1983, ch. 318, § 16.
ANNOTATIONS
Repeals.
— Laws 1983, ch. 318, § 42, repealed former 66-5-216 NMSA 1978, relating to an exception in relation to government vehicles, 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 66-5-217 - Action if breach of agreement.

In the event the judgment debtor fails to pay any installment as specified by the order, upon notice of the default the division shall forthwith suspend the license, registration or nonresident's operating privilege of the judgment debtor until the judgment is satisfied as provided in the Mandatory Financial Responsibility Act [66-5-201 to 66-5-239 NMSA 1978].
History:
1953 Comp., § 64-5-224, enacted by Laws 1978, ch. 35, § 300; 1978 Comp., § 66-5-224, recompiled as § 66-5-217 by Laws 1983, ch. 318, § 17.
ANNOTATIONS
Repeals.
— Laws 1983, ch. 318, § 42, repealed former 66-5-217, relating to limited licenses or registrations, effective January 1, 1984.
Ability to satisfy the judgment is essence
of financial responsibility laws and if the judgment may be satisfied by the tort-feasor's own insurer, the driving privileges may not be suspended. 1969 Op. Att'y Gen. No. 69-119.
Suspension even though victim's insurance policy included uninsured motorist coverage.
— The language of the former version of Section 64-24-76, 1953 Comp., did not preclude suspension of the driving privileges of an uninsured motorist adjudged liable for damages awarded to an accident victim merely because the victim's insurance policy included uninsured motorist risk coverage. 1969 Op. Att'y Gen. No. 69-119.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 7A Am. Jur. 2d Automobiles and Highway Traffic § 158.
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 66-5-218 - Alternate methods of giving evidence.

Evidence of financial responsibility, when required under the Mandatory Financial Responsibility Act, may be given by filing:
A. evidence of a motor vehicle insurance policy;
B. a surety bond as provided in Section 66-5-225 NMSA 1978; or
C. a certificate of deposit of money as provided in Section 66-5-226 NMSA 1978.
History:
1953 Comp., § 64-5-226, enacted by Laws 1978, ch. 35, § 302; 1978 Comp., § 66-5-226, recompiled as § 66-5-218 by Laws 1983, ch. 318, § 18; 1998, ch. 34, § 9.
ANNOTATIONS
Recompilations.
— Laws 1983, ch. 318, § 13, recompiled former 66-5-218 NMSA 1978, relating to an exception to revocation of license when consent is granted by a judgment creditor, as 66-5-213 NMSA 1978, effective January 1, 1984.
The 1998 amendment,
effective July 1, 1998, substituted "insurance" for "liability" in Subsection A, deleted Subsection B, relating to evidence of a certified motor vehicle liability policy, and redesignated the following subsections accordingly.
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 66-5-219 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1998, ch. 34, § 19 repealed 66-5-219 NMSA 1978, 1953 Comp. (§ 64-24-84), as enacted by Laws 1955, ch. 182, § 321; recompiled as 1953 Comp., § 64-5-227, by Laws 1978, ch. 35, § 303; 1978 Comp., § 66-5-227, recompiled as 1978 Comp., § 66-5-219 by Laws 1983, ch. 318, § 19, relating to certificate of insurance, effective July 1, 1998. For provisions of former section,
see
the 1997 NMSA 1978 on
NMOneSource.com.
Laws 1983, ch. 318, § 42, repealed former 66-5-219, relating to exceptions to suspension for nonpayment, 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 66-5-220 - Default by nonresident insurer.

If any insurance carrier not authorized to transact business in New Mexico that has qualified to furnish evidence of financial responsibility defaults in any undertakings or agreements, the department shall not thereafter accept evidence of financial responsibility of that carrier, whether previously filed or thereafter tendered as evidence, so long as the default continues.
History:
1953 Comp., § 64-24-86, enacted by Laws 1955, ch. 182, § 323; recompiled as 1953 Comp., § 64-5-229, by Laws 1978, ch. 35, § 305; 1978 Comp., § 66-5-229, recompiled as § 66-5-220 by Laws 1983, ch. 318, § 20; 1998, ch. 34, § 10.
ANNOTATIONS
Repeals.
— Laws 1983, ch. 318, § 42, repealed former 66-5-220, relating to suspension continuing until judgments paid and proof given, effective January 1, 1984.
The 1998 amendment,
effective July 1, 1998, substituted "that" for "which", "department" for "division", deleted "as" following "accept", "any certificate" following "evidence" and inserted "financial responsibility of".
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 66-5-221 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1998, ch. 34, § 19 repealed 66-5-221 NMSA 1978, 1953 Comp., § 64-5-230, as enacted by Laws 1978, ch. 35, § 306; 1978 Comp., § 66-5-230, recompiled as 1978 Comp., § 66-5-221 by Laws 1983, ch. 318, § 21, relating to certified motor vehicle liability policy; provisions, effective July 1, 1998. For provisions of former section,
see
the 1997 NMSA 1978 on
NMOneSource.com.
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 66-5-223 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1998, ch. 34, § 19 repealed 66-5-223 NMSA 1978, 1953 Comp., § 64-5-232, enacted by Laws 1978, ch. 35, § 308; 1978 Comp., § 66-5-232, recompiled as 1978 Comp., § 66-5-223 by Laws 1983, ch. 318, § 22, relating to notice of cancellation or termination of certified policy, effective July 1, 1998. For provisions of former section,
see
the 1997 NMSA 1978 on
NMOneSource.com.
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 66-5-224 - Act not to affect other policies.

A. The Mandatory Financial Responsibility Act does not apply to or affect policies of motor vehicle insurance against liability which may now or hereafter be required by any other law of New Mexico, and such policies, if they contain an agreement or are endorsed to conform with the requirements of the Mandatory Financial Responsibility Act, may be considered as evidence of financial responsibility under that act.
B. The Mandatory Financial Responsibility Act does not apply to or affect policies insuring solely the insured named in the policy against liability resulting from the maintenance or use by persons in the insured's employ or on his behalf of motor vehicles not owned by the insured.
History:
1953 Comp., § 64-5-233, enacted by Laws 1978, ch. 35, § 309; 1978 Comp., § 66-5-233, recompiled as § 66-5-224 by Laws 1983, ch. 318, § 23.
ANNOTATIONS
Recompilations.
— Laws 1983, ch. 318, § 17, recompiled former 66-5-224 NMSA 1978, relating to actions in the case of breach of agreement, as 66-5-217 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 66-5-225 - Bond as evidence.

Evidence of financial responsibility may be demonstrated by a surety bond of a surety company authorized to transact business within New Mexico.
History:
1953 Comp., § 64-5-234, enacted by Laws 1978, ch. 35, § 310; 1978 Comp., § 66-5-234, recompiled as § 66-5-225 by Laws 1983, ch. 318, § 24.
ANNOTATIONS
Repeals.
— Laws 1983, ch. 318, § 42, repealed former 66-5-225, relating to proof to be furnished for each registered vehicle, effective January 1, 1984.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 60 C.J.S. Motor Vehicles §§ 110, 111.
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 66-5-226 - Cash deposit as evidence.

Evidence of financial responsibility may be demonstrated by the certificate of the state treasurer that the person named in the certificate has deposited with him sixty thousand dollars ($60,000) in cash.
History:
1953 Comp., § 6A-24-93, enacted by Laws 1955, ch. 182, § 330; 1965, ch. 13, § 5; recompiled as 1953 Comp., § 64-5-237 by Laws 1978, ch. 35, § 313; 1978 Comp., § 66-5-237, recompiled as § 66-5-226 by Laws 1983, ch. 318, § 25.
ANNOTATIONS
Recompilations.
— Laws 1983, ch. 318, § 18, recompileds former 66-5-226 NMSA 1978, relating to alternate methods of giving proof, as 66-5-218 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 66-5-227 - Application of cash deposit.

The cash deposit provided for in Section 66-5-226 NMSA 1978 shall be held by the state treasurer to satisfy, in accordance with the provisions of the Mandatory Financial Responsibility Act, any execution on a judgment issued against the person making the deposit, for damages, including damages for care and loss of services because of bodily injury to or death of any person or for damages because of injury to or destruction of property, including the loss of use thereof, resulting from the ownership, maintenance, use or operation of a motor vehicle of a type subject to registration under the laws of New Mexico after the deposit was made. Money so deposited shall not be subject to attachment or execution unless such attachment or execution arises out of a suit for damages as provided in this section.
History:
1953 Comp., § 64-5-238, enacted by Laws 1978, ch. 35, § 314; 1978 Comp., § 66-5-238, recompiled as § 66-5-227 by Laws 1983, ch. 318, § 26.
ANNOTATIONS
Recompilations.
— Laws 1983, ch. 318, § 19, recompiled former 66-5-227 NMSA 1978, relating to certificate of insurance as proof, as 66-5-219 NMSA 1978, effective January 1, 1984. Section 66-5-219 NMSA 1978 was subsequently repealed by Laws 1998, ch. 34, § 19, effective July 1, 1998.
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 66-5-228 - Substitution of evidence.

The department shall consent to the cancellation of any bond or the department shall direct and the state treasurer shall return any money to the person entitled thereto upon the substitution and acceptance of any other adequate evidence of financial responsibility as set forth in Section 66-5-218 NMSA 1978.
History:
1953 Comp., § 64-5-240, enacted by Laws 1978, ch. 35, § 316; 1978 Comp., § 66-5-240, recompiled as § 66-5-228 by Laws 1983, ch. 318, § 27; 1998, ch. 34, § 12.
ANNOTATIONS
Repeals.
— Laws 1983, ch. 318, § 42, repealed former 66-5-228 NMSA 1978, relating to certificate furnished by nonresident as proof, effective January 1, 1984.
The 1998 amendment,
effective July 1, 1998, substituted "department" for "division" twice, deleted "or certified motor vehicle liability policy" following "bond", and deleted "Subsection B, C or D of" following "forth in".
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 66-5-230 - Surrender of license and registration.

A. Any person whose license or registration is suspended under any provision of the Mandatory Financial Responsibility Act or whose policy of insurance or bond, when required under the Mandatory Financial Responsibility Act, is canceled or terminated shall immediately return his license or registration to the division. If any person fails to return to the division the license or registration as provided in this section, the division shall forthwith notify the person by certified mail that within ten days after receipt of such notice he shall return to the division by mail his license or registration or shall be subject to the full penalty prescribed by law.
B. Any person willfully failing to return the license or registration as required in Subsection A of this section shall be fined not more than one thousand dollars ($1,000) or imprisoned not to exceed six months or both.
History:
1953 Comp., § 64-5-244, enacted by Laws 1978, ch. 35, § 320; 1978 Comp., § 66-5-244, recompiled as § 66-5-230 by Laws 1983, ch. 318, § 29; 1985, ch. 47, § 2.
ANNOTATIONS
Recompilations.
— Laws 1983, ch. 318, § 21, recompiles former 66-5-230 NMSA 1978, relating to the definition of "motor vehicle liability policy," as 66-5-221 NMSA 1978, effective January 1, 1984. Section 66-5-221 NMSA 1978 was subsequently repealed by Laws 1998, ch. 34, § 19, effective July 1, 1998.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 60 C.J.S. Motor Vehicles § 164.23.
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 66-5-231 - Forged evidence.

Any person who forges or, without authority, signs any evidence of financial responsibility or who files or offers for filing any such evidence knowing or having reason to believe that it is forged or signed without authority shall be fined not more than one thousand dollars ($1,000) or imprisoned for not more than one year or both.
History:
1953 Comp., § 64-5-245, enacted by Laws 1978, ch. 35, § 321; 1978 Comp., § 66-5-245, recompiled as § 66-5-231 by Laws 1983, ch. 318, § 30.
ANNOTATIONS
Recompilations.
— Laws 1983, ch. 318, § 41, recompiled former 66-5-231 NMSA 1978, relating to drivers exclusion endorsement form, as 66-5-222 NMSA 1978, effective January 1, 1984.
Meaning of "forges".
— The word "forges", means that defendant actually altered the document, as opposed to having knowingly presented an altered document without having altered it himself.
State v. Morrison
, 1999-NMCA-041, 127 N.M. 63, 976 P.2d 1015.