reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 8 - Crimes, Penalties and Procedure › Part 2 - TRAFFIC OFFENSES › Section 66-8-108 - Consent of person incapable of refusal not withdrawn.

Any person who is dead, unconscious or otherwise in a condition rendering him incapable of refusal, shall be deemed not to have withdrawn the consent provided by Section 66-8-107 NMSA 1978, and the test or tests designated by the law enforcement officer may be administered.
History:
1953 Comp., § 64-8-108, enacted by Laws 1978, ch. 35, § 516.
ANNOTATIONS
This section does not deny equal protection of the law,
although it classifies certain persons on the basis of their condition, the classification has a rational basis and is not discriminatory.
State v. Trujillo
, 1973-NMCA-076, 85 N.M. 208, 510 P.2d 1079.
Testing of unconscious person.
— The Implied Consent Act does not require a formal arrest of an unconscious person before the administration of a blood-alcohol test.
State v. Wyrostek
, 1988-NMCA-107, 108 N.M. 140, 767 P.2d 379, cert. denied, 108 N.M. 115, 767 P.2d 354.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 8 - Crimes, Penalties and Procedure › Part 2 - TRAFFIC OFFENSES › Section 66-8-116.1 - Penalty assessment misdemeanors; oversize load.

As used in the Motor Vehicle Code [66-1-1 NMSA 1978] and the Motor Carrier Act [65-2A-1 to 65-2A-41 NMSA 1978], "penalty assessment misdemeanor" means, in addition to the definition of that term in Section 66-8-116 NMSA 1978, violation of the following listed sections of the NMSA 1978 for which the listed penalty is established:
COMMON
NAME OF
OFFENSE
SECTION
VIOLATED
PENALTY
ASSESSMENT
Oversize load 1,000
to 3,000 pounds
66-7-411
$ 50.00
Oversize load 3,001
to 4,000 pounds
66-7-411
80.00
Oversize load 4,001
to 5,000 pounds
66-7-411
150.00
Oversize load 5,001
to 6,000 pounds
66-7-411
250.00
Oversize load 6,001
to 7,000 pounds
66-7-411
400.00
Oversize load 7,001
to 8,000 pounds
66-7-411
550.00
Oversize load 8,001
to 9,000 pounds
66-7-411
700.00
Oversize load 9,001
to 10,000 pounds
66-7-411
850.00
Oversize load over
10,000 pounds
66-7-411
1,000.00.
History:
Laws 1989, ch. 319, § 12; 2007, ch. 209, § 13.
ANNOTATIONS
The 2007 amendment,
effective July 1, 2007, doubled the penalty assessments.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 8 - Crimes, Penalties and Procedure › Part 2 - TRAFFIC OFFENSES › Section 66-8-117 - Penalty assessment misdemeanors; option; effect.

A. Unless a warning notice is given, at the time of making an arrest for any penalty assessment misdemeanor the arresting officer shall offer the alleged violator the option of accepting a penalty assessment. The violator's signature on the penalty assessment notice constitutes an acknowledgment of guilt of the offense stated in the notice.
B. Except for penalty assessments made under a municipal program authorized by Section 66-8-130 NMSA 1978, payment of any penalty assessment must be made by mail to the division within thirty days from the date of arrest. Payments of penalty assessments are timely if postmarked within thirty days from the date of arrest. The division may issue a receipt when a penalty assessment is paid by currency, but checks tendered by the violator upon which payment is received are sufficient receipt.
C. No record of any penalty assessment payment is admissible as evidence in any court in any civil action.
History:
1953 Comp., § 64-8-117, enacted by Laws 1978, ch. 35, § 525; 1981, ch. 360, § 9; 1990, ch. 120, § 38.
ANNOTATIONS
The 1990 amendment,
effective July 1, 1990, in Subsection B, rewrote the first sentence which read "Payment of any penalty assessment must be made by mail to the motor vehicle division, Santa Fe, within thirty days from the date of arrest" and deleted "motor vehicle" preceding "division" in the third sentence.
Choice of persons arrested.
— New Mexico law provides that, with certain exceptions, for more serious offenses, persons arrested for motor vehicle violations who are not given warning notices are to be given the choice of appearing in court upon their promise to appear, as evidenced by signing the notice to appear section of a uniform traffic citation, or paying the penalty assessment, as evidenced by signing an agreement to pay the assessment on the uniform traffic citation.
Vigil v. N.M. Motor Vehicle Div.
, 2005-NMCA-057, 137 N.M. 438, 112 P.3d 299.
Advice of police officers.
— Police officers are not required to advise drivers arrested for motor vehicle violations of all the possibilities that could happen if one went to court.
Vigil v. N.M. Motor Vehicle Div.
, 2005-NMCA-057, 137 N.M. 438, 112 P.3d 299.
Motorist enters into legal obligation with state upon acceptance.
— When a motorist charged with the violation of one of the enumerated traffic regulations accepts penalty assessment, he enters into a legal obligation with the state, which is bound by unambiguous terms concerning time, place and form of discharge. 1969 Op. Att'y Gen. No. 69-88.
Motorist cannot reconsider his acceptance of penalty assessment.
1969 Op. Att'y Gen. No. 69-88.
No official court proceedings are begun
by allowing a motorist to accept a penalty assessment. 1972 Op. Att'y Gen. No. 72-12.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 8 - Crimes, Penalties and Procedure › Part 2 - TRAFFIC OFFENSES › Section 66-8-118 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1981, ch. 360, § 21, repealed 66-8-118 NMSA 1978, as enacted by Laws 1978, ch. 35, § 526, relating to failure to pay penalty assessment, effective January 1, 1982. For present provisions,
see
66-5-25, 66-5-26 and 66-5-30 NMSA 1978.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 8 - Crimes, Penalties and Procedure › Part 2 - TRAFFIC OFFENSES › Section 66-8-119 - Penalty assessment revenue; disposition. (Effective July 1, 2024.)

A. The division shall remit all penalty assessment receipts to the state treasurer for credit to the general fund.
B. The division shall remit all penalty assessment fee receipts assessed prior to July 1, 2024 and collected on or after July 1, 2024 to the state treasurer for credit to the general fund.
History:
1953 Comp., § 64-22-4.3, enacted by Laws 1968, ch. 62, § 159; recompiled as 1953 Comp., § 64-8-119, by Laws 1978, ch. 35, § 527; 1981, ch. 360, § 10; 1983, ch. 134, § 8; 1988, ch. 121, § 6; 1990, ch. 57, § 3; 1993, ch. 273, § 7; 1997, ch. 242, § 6; 1997, ch. 247, § 3; 1998 (1st S.S.), ch. 6, § 5; 2009, ch. 245, § 6; 2010, ch. 7, § 3; 2023, ch. 184, § 18.
ANNOTATIONS
The 2023 amendment,
effective July 1, 2024, removed provisions related to the remittance of certain fees that are no longer collected; in Subsection A, after "receipts", deleted "except receipts collected pursuant to Subsection A through I of Section 66-8-116.3 NMSA 1978"; in Subsection B, after "receipts", deleted "assessed prior to July 1, 2024 and", after "collected", deleted "pursuant to" and added "on or after July 1, 2024 to the state treasurer for credit to the general fund"; and deleted Paragraphs B(1) through B(9).
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 8 - Crimes, Penalties and Procedure › Part 2 - TRAFFIC OFFENSES › Section 66-8-121 - Offenses by persons owning or controlling vehicles.

It is unlawful for the owner, or any other person, employing or otherwise directing the driver of any vehicle to require or to permit the operation of such vehicle upon a highway in any manner contrary to law.
History:
1941 Comp., § 68-2603, enacted by Laws 1953, ch. 139, § 184; 1953 Comp., § 64-22-6; recompiled as 1953 Comp., § 64-8-121, by Laws 1978, ch. 35, § 529.
ANNOTATIONS
Cross references.
— For permitting unauthorized persons to drive,
see
66-5-40, 66-5-41 NMSA 1978.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 8 - Crimes, Penalties and Procedure › Part 2 - TRAFFIC OFFENSES › Section 66-8-126 - Failure to obey notice to appear.

A. It is a penalty assessment misdemeanor for a person to violate that person's written promise to appear in court given to an officer upon issuance of a uniform traffic citation regardless of the disposition of the charge for which the citation was issued.
B. A written promise to appear in court may be complied with by appearance of counsel.
History:
1953 Comp., § 64-8-126, enacted by Laws 1978, ch. 35, § 534; 2019, ch. 224, § 5.
ANNOTATIONS
Cross references.
— For the penalty for a misdemeanor,
see
66-8-7 NMSA 1978.
The 2019 amendment,
effective October 1, 2019, reduced the penalty for failure to obey notice to appear from a misdemeanor to a penalty assessment misdemeanor; and in Subsection A, after "It is a", added "penalty assessment".
Violation of promise is offense in addition to original offense.
— When a person to whom a uniform traffic citation has been issued violates his written promise to appear in court, he has committed a violation in addition to that for which he was originally cited. 1961 Op. Att'y Gen. No. 61-117.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 8 - Crimes, Penalties and Procedure › Part 2 - TRAFFIC OFFENSES › Section 66-8-127 - Procedure not exclusive.

Sections 66-8-122 through 66-8-125 NMSA 1978 govern all police officers in making arrests without warrant for violations of the Motor Vehicle Code [66-1-1 NMSA 1978] and other laws relating to motor vehicles, but the procedure prescribed is not exclusive of any other method prescribed by law for the arrest and prosecution of a person violating these laws.
History:
1953 Comp., § 64-8-127, enacted by Laws 1978, ch. 35, § 535.
ANNOTATIONS
The common law right to citizen's arrests for suspected violations the Motor Vehicle Code has been abrogated by the legislature.
State v. Slayton
, 2009-NMSC-054, 147 N.M. 340, 223 P.3d 337.
Warrantless misdemeanor arrests proper when probable cause offense being committed.
— Peace officers in this state can make arrests without warrants for other than trivial misdemeanors when they have probable cause to believe an offense is being committed in their presence. Such probable cause exists when there is a reasonable foundation for the judgment of the officer that a misdemeanor is being committed. 1961 Op. Att'y Gen. No. 61-117.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 8 - Crimes, Penalties and Procedure › Part 2 - TRAFFIC OFFENSES › Section 66-8-129 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1990, ch. 120, § 44 repealed 66-8-129 NMSA 1978, as enacted by Laws 1978, ch. 35, § 537, relating to the form on the back of uniform traffic citations, effective July 1, 1990. For provisions of former section,
see
the 1989 NMSA 1978 on
NMOneSource.com.
For present comparable provisions,
see
66-8-128 NMSA 1978.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 8 - Crimes, Penalties and Procedure › Part 2 - TRAFFIC OFFENSES › Section 66-8-131 - Uniform traffic citation is complaint.

The uniform traffic citation used as a notice to appear is a valid complaint, though not verified.
History:
1953 Comp., § 64-22-11.3, enacted by Laws 1961, ch. 213, § 10; recompiled as 1953 Comp., § 64-8-131, by Laws 1978, ch. 35, § 539; 1990, ch. 120, § 41.
ANNOTATIONS
Compiler's notes.
— Laws 1972, ch. 71, § 19, relating to criminal procedure, provides that the act not be construed as repealing 64-22-10 to 64-22-12, 1953 Comp., which includes this section.
The 1990 amendment,
effective July 1, 1990, deleted "in the event the person receiving it voluntarily appears in court" at the end of the section.
Applicability of forgery statute.
— The forgery statute, Section 30-16-10A NMSA 1978, includes uniform traffic citations among the types of writings which may purport to have legal efficacy.
State v. Wasson
, 1998-NMCA-087, 125 N.M. 656, 964 P.2d 820, cert. denied, 125 N.M. 322, 961 P.2d 167.
Section contemplates issuance for violation of village ordinances.
— This section contemplates the issuance of uniform traffic citations for the violation of any traffic law or ordinance, including village traffic ordinances, which villages have the power to adopt. 1961 Op. Att'y Gen. No. 61-03.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 8 - Crimes, Penalties and Procedure › Part 2 - TRAFFIC OFFENSES › Section 66-8-132 - Records of citations issued.

The chief administrative officer of every state and local traffic-enforcement agency shall issue, keep a record and require a receipt for each serially numbered citation issued to individual officers.
History:
1953 Comp., § 64-22-11.4, enacted by Laws 1961, ch. 213, § 11; recompiled as 1953 Comp., § 64-8-132, by Laws 1978, ch. 35, § 540.
ANNOTATIONS
Compiler's notes.
— Laws 1972, ch. 71, § 19, relating to criminal procedure, provides that the act not be construed as repealing 64-22-10 to 64-22-12, 1953 Comp., which includes this section.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 8 - Crimes, Penalties and Procedure › Part 2 - TRAFFIC OFFENSES › Section 66-8-133 - Disposition of citations.

A. Every state and local traffic-enforcement officer issuing a uniform traffic citation to an alleged violator of the Motor Vehicle Code [66-1-1 NMSA 1978] or other law or ordinance relating to motor vehicles shall dispose of the citation as indicated on the back of each copy.
B. Citations spoiled or issued in error shall be marked "void" in large letters on the face, signed by the officer, and the copies disposed of as a valid warning notice.
C. It is a misdemeanor and official misconduct for any officer or other public official or employee to dispose of a uniform traffic citation except as provided in this section.
History:
1953 Comp., § 64-22-12, enacted by Laws 1961, ch. 213, § 12; 1965, ch. 103, § 1; recompiled as 1953 Comp., § 64-8-133, by Laws 1978, ch. 35, § 541.
ANNOTATIONS
Repeals and reenactments.
— Laws 1961, ch. 213, § 12, repealed former 64-22-12, 1953 Comp., relating to disposition and records of traffic offenses, and enacted a new 64-22-12, 1953 Comp.
Compiler's notes.
— Laws 1972, ch. 71, § 19, relating to criminal procedure, provides that the act not be construed as repealing 64-22-10 to 64-22-12, 1953 Comp., which includes this section.
Cross references.
— For the penalty for a misdemeanor,
see
66-8-7 NMSA 1978.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 8 - Crimes, Penalties and Procedure › Part 2 - TRAFFIC OFFENSES › Section 66-8-134 - Illegal cancellation; audit of citation records.

A. Any person who cancels or solicits the cancellation of any uniform traffic citation other than as provided in the Motor Vehicle Code [66-1-1 NMSA 1978] is guilty of a misdemeanor.
B. Every record of uniform traffic citations required in the Motor Vehicle Code shall be audited monthly by the appropriate fiscal officer of the governmental agency to which the traffic-enforcement agency is responsible.
C. Each fiscal officer shall publish an annual summary of all traffic violation notices issued by the traffic-enforcement agency.
History:
1941 Comp., § 68-2610, enacted by Laws 1953, ch. 139, § 190.3; 1953 Comp., § 64-22-13; Laws 1961, ch. 213, § 13; recompiled as 1953 Comp., § 64-8-134, by Laws 1978, ch. 35, § 542.
ANNOTATIONS
Cross references.
— For the penalty for a misdemeanor,
see
66-8-7 NMSA 1978.
Constitutionality.
— Subsection A of this section is not unconstitutionally vague or ambiguous.
Bustamante v. De Baca
, 1995-NMCA-036, 119 N.M. 739, 895 P.2d 261.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 8 - Crimes, Penalties and Procedure › Part 2 - TRAFFIC OFFENSES › Section 66-8-136 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1995, ch. 135, § 29 repealed 66-8-136 NMSA 1978, as enacted by Laws 1978, ch. 35, § 544, relating to the penalties for violating confidentiality rules, effective June 16, 1995. For provisions of former section,
see
the 1994 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 8 - Crimes, Penalties and Procedure › Part 2 - TRAFFIC OFFENSES › Section 66-8-137 - Compensation of judges and officers; defenses to prosecution.

A. No municipality or other political subdivision of this state shall employ any municipal judge, officer, agent or other person whose compensation in any way depends upon the apprehension, arrest or conviction of any person for violating the Motor Vehicle Code [66-1-1 NMSA 1978] or other state or local law, ordinance or regulation.
B. If any person is arrested or brought to trial for violation of the Motor Vehicle Code or other law, ordinance or regulation relating to motor vehicles punishable as a misdemeanor by any officer, agent or employee of any political subdivision, or before any municipal judge, whose compensation depends in any way upon the arrest or conviction of persons violating these laws, ordinances or regulations, the fact of such compensation or that the person making the arrest was not in uniform at the time is a defense to the charge.
History:
1941 Comp., § 68-2613, enacted by Laws 1953, ch. 139, § 191.1; 1953 Comp., § 64-22-16; Laws 1968, ch. 62, § 167; recompiled as 1953 Comp., § 64-8-137, by Laws 1978, ch. 35, § 545.
ANNOTATIONS
Cross references.
— For magistrate courts,
see
35-1-1 NMSA 1978 et seq.
Incremental payment for targeting the motoring public.
— Where defendant was arrested and charged in magistrate court with aggravated DWI; the officer's salary included incremental pay financed from a grant to assist the police department in targeting the motoring public; as part of the officer's duties, the officer was charged with arresting and convicting individuals for offenses that included DWI; the officer was required to submit monthly statistics which the police department used to report the number of accidents investigated and DWI arrests made; the officer's salary increased approximately two dollars per hour as a result of the grant; the officer's pay did not fluctuate with the number of arrests the officer made; and there was no evidence that the officer was required to actually arrest or convict a certain number of individuals in order for the police department to be eligible for the grant, that the officer was required to meet certain quotas to be eligible for the grant, or that the officer's pay was linked to the number of arrests or convictions, the officer's receipt of pay from the grant and the officer's obligation under the grant to make monthly statistical reports did not give rise to a defense under 66-8-137(B) NMSA 1978.
State v. Sanchez
, 2014-NMCA-095.
This section provides that municipal magistrate's salary cannot depend upon
arrests and convictions for violations under the Motor Vehicle Code. 1969 Op. Att'y Gen. No. 69-129.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 8 - Crimes, Penalties and Procedure › Part 2 - TRAFFIC OFFENSES › Section 66-8-137.2 - Nonresident Violator Compact; definitions.

As used in the Nonresident Violator Compact:
A. "jurisdiction executive" means the governor; and
B. "licensing authority" means the director. The director shall furnish to the appropriate authorities of any other party state any information or documents reasonably necessary to facilitate the administration of the Nonresident Violator Compact.
History:
Laws 1981, ch. 360, § 15; 1987, ch. 268, § 32.
ANNOTATIONS
The 1987 amendment,
effective July 1, 1987, in Subsection B deleted "of the motor vehicle division of the transportation department" from the end of the first sentence.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 8 - Crimes, Penalties and Procedure › Part 2 - TRAFFIC OFFENSES › Section 66-8-137.3 - Compact administrator; compensation.

The compact administrator for New Mexico, appointed by the governor, is not entitled to any compensation for his duties as administrator, but he may be reimbursed in accordance with the Per Diem and Mileage Act [10-8-1 to 10-8-8 NMSA 1978].
History:
Laws 1981, ch. 360, § 16.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 8 - Crimes, Penalties and Procedure › Part 2 - TRAFFIC OFFENSES › Section 66-8-137.4 - Bilateral agreements; noncompact jurisdictions; authority.

A. In addition to the Nonresident Violator Compact, it is the intent of the legislature that bilateral agreements be made with noncompact states; in particular, with those neighboring states which provide much of the traffic on New Mexico's highways and have not yet joined with the compact states. The purpose of such bilateral agreement is to accomplish the same reciprocal services and procedures that are provided in the Nonresident Violator Compact. If, in the judgment of the secretary of taxation and revenue of New Mexico, a bilateral agreement is in the best interest of the citizens of New Mexico, is fair and equitable and provides comparable benefits, privileges and exemptions to each state, the secretary is authorized to pledge New Mexico to the bilateral agreement and is signatory for this state.
B. It is the intent of the legislature that bilateral agreements be made with Indian tribes and pueblos. The purpose of such bilateral agreements is to provide for the administrative adjudication of motor vehicle offenses committed by Indians on Indian land.
History:
Laws 1981, ch. 360, § 17; 1987, ch. 268, § 33.
ANNOTATIONS
The 1987 amendment,
effective July 1, 1987, in Subsection A, in the third sentence, substituted "secretary of taxation and revenue" for "secretary of transportation" and made minor changes in language and punctuation throughout the section.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 8 - Crimes, Penalties and Procedure › Part 2 - TRAFFIC OFFENSES › Section 66-8-139 - Penalties.

A. Whoever is guilty of a second or subsequent violation of any provision of Section 66-8-138 NMSA 1978 is guilty of a misdemeanor and shall be sentenced pursuant to the provisions of Section 66-8-7 NMSA 1978.
B. In addition to any other penalty or disposition ordered pursuant to law, upon conviction for a second or subsequent violation of the provisions of Section 66-8-138 NMSA 1978, the convicted person shall have his driver's license revoked for a period of three months upon a second violation and for one year upon a third or subsequent violation.
C. This section does not affect the authority of a municipality under a proper ordinance to prescribe penalties for possession or consumption of alcoholic beverages while driving a motor vehicle. A violation under a municipal ordinance prescribing penalties for possession or consumption of alcoholic beverages while driving a motor vehicle shall be deemed to be a violation under this section for purposes of determining second, third and subsequent violations of this section.
History:
1978 Comp., § 66-8-139, enacted by Laws 1989, ch. 316, § 3; 1991, ch. 192, § 10.
ANNOTATIONS
Repeals and reenactments.
— Laws 1989, ch. 316, § 3, repealed former 66-8-139 NMSA 1978, as enacted by Laws 1978, ch. 35, § 547, relating to penalty for violation, and enacted a new 66-8-139 NMSA 1978, effective June 16, 1989.
The 1991 amendment,
effective June 14, 1991, rewrote Subsection A to substitute "and shall be sentenced pursuant to the provisions of Section 66-8-7 NMSA 1978" for specific penalty provisions.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 8 - Crimes, Penalties and Procedure › Part 2 - TRAFFIC OFFENSES › Section 66-8-140 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1990, ch. 120, § 45 repealed 66-8-140 NMSA 1978, as enacted by Laws 1978, ch. 35, § 548, relating to definition of "alcoholic beverages", 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 NMSA 1978.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 8 - Crimes, Penalties and Procedure › Part 2 - TRAFFIC OFFENSES › Section 66-8-141 - Dishonored checks; civil penalty.

A. Any person who pays any fee pursuant to the Motor Vehicle Code [66-1-1 NMSA 1978] by check to the department and which check is dishonored upon presentation is liable to the department for the fees together with a penalty of not less than ten dollars ($10.00) for each such check.
B. Any identification card, license, permit, registration, plate, title or other document issued by the department pursuant to the Motor Vehicle Code that requires payment and the payment is not made because the check offered in payment is dishonored upon presentation shall be canceled, suspended or revoked for failure to make payment. Any reinstatement fee due pursuant to Section 66-5-33.1 NMSA 1978 shall be in addition to the penalty provided for in Subsection A of this section.
History:
1953 Comp., § 64-6-34, enacted by Laws 1978, ch. 35, § 369; 1989, ch. 318, § 20; 1991, ch. 160, § 14; 1978 Comp., § 66-6-34, recompiled as 1978 Comp., § 66-8-141 by Laws 1995, ch. 135, § 28.
ANNOTATIONS
The 1991 amendment,
effective July 1, 1991, deleted "Motor vehicle division fees" at the beginning of the section heading; substituted "department" for "division" in three places; inserted "pursuant to the Motor Vehicle Code" in two places; substituted "not less than ten dollars ($10.00)" for "five dollars ($5.00)" in Subsection A; and, in the second sentence in Subsection B, deleted "or 66-5-223" preceding "NMSA 1978" and "five dollar ($5.00)" preceding "penalty".
The 1989 amendment,
effective July 1, 1989, designated the formerly undesignated provisions as Subsection A, making a minor stylistic change therein, and added Subsection B.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 9 - Snowmobiles (Repealed.) › Section 66-9-1 - Repealed.

History:
1953 Comp., § 64-36-1, enacted by Laws 1971, ch. 177, § 1; repealed Laws 2005, ch. 325, § 25.
ANNOTATIONS
Repeals.
— Laws 2005, ch. 325, § 25 repealed 66-9-1 NMSA 1978, as enacted by Laws 1971, ch. 177, § 1, the short title for the Snowmobile Act, effective January 1, 2006. For provisions of former section,
see
the 2004 NMSA 1978 on
NMOneSource.com.
For current law,
see
Off-Highway Motor Vehicle Act, 66-3-1020 NMSA 1978.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 9 - Snowmobiles (Repealed.) › Section 66-9-2 - Repealed.

History:
1953 Comp., § 64-36-2, enacted by Laws 1971, ch. 177, § 2; repealed Laws 2005, ch. 325, § 25.
ANNOTATIONS
Repeals.
— Laws 2005, ch. 325, § 25 repealed 66-9-2 NMSA 1978, as enacted by Laws 1971, ch. 177, § 2, relating to definitions, effective January 1, 2006. For provisions of former section,
see
the 2004 NMSA 1978 on
NMOneSource.com.
For current law,
see
Off-Highway Motor Vehicle Act, 66-3-1020 NMSA 1978.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 9 - Snowmobiles (Repealed.) › Section 66-9-3 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1985, ch. 40, § 1 repealed 66-9-3 NMSA 1978, as enacted by Laws 1971, ch. 177, § 3, relating to snowmobile registration, effective June 14, 1985.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 9 - Snowmobiles (Repealed.) › Section 66-9-4 - Repealed.

History:
1953 Comp., § 64-36-3.1, enacted by Laws 1973, ch. 86, § 1; repealed Laws 2005, ch. 325, § 25.
ANNOTATIONS
Repeals.
— Laws 2005, ch. 325, § 25 repealed 66-9-4 NMSA 1978, as enacted by Laws 1973, ch. 86, § 1, relating to rules and regulations, effective January 1, 2006. For provisions of former section,
see
the 2004 NMSA 1978 on
NMOneSource.com.
For current law,
see
Off-Highway Motor Vehicle Act, 66-3-1020 NMSA 1978.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 9 - Snowmobiles (Repealed.) › Section 66-9-5 to 66-9-7 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1985, ch. 40, § 1 repealed 66-9-5, 66-9-6 and 66-9-7 NMSA 1978, as enacted by Laws 1971, ch. 177, §§ 4, 5 and 6, respectively, relating to registration, exemption from registration, and dealer demonstration certificates for snowmobiles, effective June 14, 1985.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 9 - Snowmobiles (Repealed.) › Section 66-9-8 - Repealed.

History:
1953 Comp., § 64-36-7, enacted by Laws 1971, ch. 177, § 7; 1973, ch. 198, § 1; repealed Laws 2005, ch. 325, § 25.
ANNOTATIONS
Repeals.
— Laws 2005, ch. 325, § 25 repealed 66-9-8 NMSA 1978, as enacted by Laws 1971, ch. 177, § 7, relating to snowmobile equipment, effective January 1, 2006. For provisions of former section,
see
the 2004 NMSA 1978 on
NMOneSource.com.
For current law,
see
Off-Highway Motor Vehicle Act, 66-3-1020 NMSA 1978.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 9 - Snowmobiles (Repealed.) › Section 66-9-9 - Repealed.

History:
1953 Comp., § 64-36-8, enacted by Laws 1971, ch. 177, § 8; 1983, ch. 271, § 2; repealed Laws 2005, ch. 325, § 25.
ANNOTATIONS
Repeals.
— Laws 2005, ch. 325, § 25 repealed 66-9-9 NMSA 1978, as enacted by Laws 1971, ch. 177, § 8, relating to operation of snowmobiles on streets or highways, effective January 1, 2006. For provisions of former section,
see
the 2004 NMSA 1978 on
NMOneSource.com.
For current law,
see
Off-Highway Motor Vehicle Act, 66-3-1020 NMSA 1978.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 9 - Snowmobiles (Repealed.) › Section 66-9-10 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1985, ch. 40, § 1, repealed 66-9-10 NMSA 1978, as enacted by Laws 1971, ch. 177, § 9, relating to liability and the prohibition of local registration of snowmobiles, effective June 14, 1985.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 9 - Snowmobiles (Repealed.) › Section 66-9-11 - Repealed.

History:
1953 Comp., § 64-36-10, enacted by Laws 1971, ch. 177, § 10; repealed Laws 2005, ch. 325, § 25.
ANNOTATIONS
Repeals.
— Laws 2005, ch. 325, § 25 repealed 66-9-11 NMSA 1978, as enacted by Laws 1971, ch. 177, § 10, relating to snowmobile accidents and accident reports, effective January 1, 2006. For provisions of former section,
see
the 2004 NMSA 1978 on
NMOneSource.com.
For current law,
see
Off-Highway Motor Vehicle Act, 66-3-1020 NMSA 1978.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 9 - Snowmobiles (Repealed.) › Section 66-9-12 - Repealed.

History:
1953 Comp., § 64-36-11, enacted by Laws 1971, ch. 177, § 11; repealed Laws 2005, ch. 325, § 25.
ANNOTATIONS
Repeals.
— Laws 2005, ch. 325, § 25 repealed 66-9-12 NMSA 1978, as enacted by Laws 1971, ch. 177, § 11, relating to enforcement, effective January 1, 2006. For provisions of former section,
see
the 2004 NMSA 1978 on
NMOneSource.com.
For current law,
see
Off-Highway Motor Vehicle Act, 66-3-1020 NMSA 1978.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 9 - Snowmobiles (Repealed.) › Section 66-9-13 - Repealed.

History:
1953 Comp., § 64-36-12, enacted by Laws 1971, ch. 177, § 12; repealed Laws 2005, ch. 325, § 25.
ANNOTATIONS
Repeals.
— Laws 2005, ch. 325, § 25 repealed 66-9-13 NMSA 1978, as enacted by Laws 1971, ch. 177, § 12, relating to penalties for violations of the Snowmobile Act, effective January 1, 2006. For provisions of former section,
see
the 2004 NMSA 1978 on
NMOneSource.com.
For current law,
see
Off-Highway Motor Vehicle Act, 66-3-1020 NMSA 1978.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 10 - Driver Education Schools › Section 66-10-1 - Short title.

Chapter 66, Article 10 NMSA 1978 may be cited as the "Driving School Licensing Act".
History:
1953 Comp., § 64-35-1, enacted by Laws 1967, ch. 185, § 1; 1993, ch. 68, § 45.
ANNOTATIONS
Cross references.
— For instruction permits for student drivers,
see
66-5-8 NMSA 1978.
For vehicles on loan from dealers and used in approved driver training programs not being registered,
see
66-6-15 NMSA 1978.
The 1993 amendment,
effective July 1, 1993, substituted "Chapter 66, Article 10 NMSA 1978" for "This act".
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 7A Am. Jur. 2d Automobiles and Highway Traffic §§ 50, 111.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 10 - Driver Education Schools › Section 66-10-2 - Driver education schools; driver education instructors; license required.

No person, firm, association or corporation shall operate a driver education school or engage in the business of giving instruction for hire in the driving of motor vehicles or in the preparation of an applicant for examination for a Class D, E or M driver's license unless a license has been secured from the bureau.
History:
1953 Comp., § 64-35-2, enacted by Laws 1967, ch. 185, § 2; 1993, ch. 68, § 46.
ANNOTATIONS
The 1993 amendment,
effective July 1, 1993, substituted "education" for "training" in the catchline and text of the section, substituted "a class D, E or M driver's" for "an operator's or chauffeur's" and substituted "bureau" for "state department of education", and made a minor stylistic change.
Traffic safety bureau's authority to approve motor vehicle accident prevention courses.
— Nonprofit corporations that provide motor vehicle accident prevention courses approved by the traffic safety bureau and are engaged in providing courses exclusively for drivers who are fifty years of age or older are exempt from the Driver's School Licensing Act's (DSL Act) requirements, 66-10-12 NMSA 1978; this exemption does not suggest that the traffic safety bureau may only approve accident prevention courses for older drivers when they are provided by nonprofit corporations. The DSL Act requires the traffic safety bureau to license any "person, firm, association or corporation" including for-profit entities, it deems qualified to operate a driver education school or engage in the business of giving instruction for hire in the driving of motor vehicles.
Exemption from Driving School Licensing Act
(12/12/17), Att'y Gen. Adv. Ltr. 2017-07.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 10 - Driver Education Schools › Section 66-10-3 - Qualifications of driver education schools; fees.

Every applicant in order to qualify to operate a driver education school shall meet the following requirements:
A. maintain bodily injury and public damage liability insurance on all motor vehicles used in driving instruction in the amounts and form as prescribed by law or regulation of the bureau;
B. have the equipment necessary to the giving of proper instruction in the operation of motor vehicles; and
C. pay to the bureau an annual license fee to be set by regulation of the bureau.
History:
1953 Comp., § 64-35-3, enacted by Laws 1967, ch. 185, § 3; 1993, ch. 68, § 47.
ANNOTATIONS
The 1993 amendment,
effective July 1, 1993, substituted "education" for "training" in the section heading and in the introductory paragraph; added "fees" at the end of the section heading; added "or regulation of the bureau" at the end of Subsection A; and rewrote Subsection C, which read "pay to the state department of education an annual license fee of fifty dollars ($50.00)".
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 10 - Driver Education Schools › Section 66-10-4 - Qualifications of driver education instructors.

Every person in order to qualify as an instructor for a driver education school shall meet the following requirements:
A. possess qualifications as prescribed by the bureau;
B. be physically able to operate safely a motor vehicle and to train others in the operation of motor vehicles;
C. hold a valid operator's or chauffeur's license; and
D. pay to the bureau an annual license fee to be set by regulation of the bureau.
History:
1953 Comp., § 64-35-4, enacted by Laws 1967, ch. 185, § 4; 1993, ch. 68, § 48; 2013, ch. 212, § 1.
ANNOTATIONS
The 2013 amendment,
effective June 14, 2013, removed the requirement that a person hold a valid New Mexico operator's or chauffeur's license to qualify to be a driver education instructor; and in Subsection C, after "valid", deleted "New Mexico".
The 1993 amendment,
effective July 1, 1993, substituted "education" for "training" in the section heading and in the introductory paragraph; substituted "bureau" for "department of education" and "state department of education" in Subsections A and D; and substituted "to be set by regulation of the bureau" for "of five dollars ($5.00)" at the end of Subsection D.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 10 - Driver Education Schools › Section 66-10-5 - Issuance of licenses to driver education schools and to driver education instructors.

A. The bureau shall issue a license certificate to each applicant to conduct a driver education school or to each driver education instructor when it is satisfied that the person has met the qualifications required under the Driving School Licensing Act and if a school complies with the minimum driver education program standards established by the bureau.
B. The bureau shall prescribe minimum driver training program standards.
C. All licenses issued pursuant to the provisions of the Driving School Licensing Act shall expire annually, unless canceled, suspended or revoked sooner. The bureau shall establish annual expiration dates for the licenses by rule, and each category of driving school may have a different license expiration date. Licenses shall be renewed subject to application and payment of the required fee.
History:
1953 Comp., § 64-35-5, enacted by Laws 1967, ch. 185, § 5; 1993, ch. 68, § 49; 2007, ch. 187, § 1.
ANNOTATIONS
Cross references.
— For approved driver education courses in high schools,
see
22-13-12 NMSA 1978.
The 2007 amendment,
effective July 1, 2007, amended Subsection C to require the bureau to establish annual expiration dates for licenses by rule and permits each category of driving school to have a different license expiration date.
The 1993 amendment,
effective July 1, 1993, substituted "education" for "training" in two places in the section heading and throughout the section; substituted "bureau" for "appropriate division of the state department of education, as determined by the state superintendent of public instruction" near the beginning of Subsection A, and for "department" and "state department of education" at the end of Subsection A and in Subsection B; deleted the former second sentence of Subsection B, pertaining to the program standards; and made minor stylistic changes throughout the section.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 10 - Driver Education Schools › Section 66-10-6 - Powers of bureau.

A. prescribe the forms and procedures necessary for the making of applications and the licensing of driver education schools and driver education instructors pursuant to the provisions of the Driving School Licensing Act;
B. require periodic and annual reports from the licensed schools on the number and types of pupils enrolled and trained and such other matters as it deems necessary;
C. require the licensed schools to keep and maintain certain records;
D. prescribe forms for and supply serially numbered uniform certificates of course completion to owners, primary consignees or operators of courses approved by the bureau and charge a fee not to exceed one dollar ($1.00) per certificate. The uniform certificates of course completion shall be printed on copy resistant paper in not less than two self-copying parts so as to provide a control copy of the certificate that shall be retained by the course provider. Each certificate shall include an identifying number that will allow the court or bureau to verify its authenticity with the course provider. Upon successful completion of a course, licensed schools shall issue to each pupil a certificate of completion;
E. require each driver education school to post a surety bond with the bureau in the amount of fifteen thousand dollars ($15,000);
F. suspend or revoke, subject to the procedures prescribed in the Uniform Licensing Act, any license issued to a driver education school or to a driver education instructor when it is found that the licensee has failed to maintain the qualifications or standards required by the Driving School Licensing Act for the issuance of the initial license;
G. develop and adopt rules needed to administer the Driving School Licensing Act and to license driver education schools and instructors;
H. set annual licensure fees for:
(1) driver education schools, not to exceed five hundred dollars ($500) per year;
(2) driver education instructors, not to exceed one hundred dollars ($100) per year; and
(3) driver education school extension locations, not to exceed thirty-five dollars ($35.00) per year; and
I. set by rule the enrollment fees that may be charged to a student by a private driver education school.
History:
1953 Comp., § 64-35-6, enacted by Laws 1967, ch. 185, § 6; 1993, ch. 68, § 50; 2021, ch. 41, § 1.
ANNOTATIONS
The 2021 amendment,
effective June 18, 2021, increased the required surety bond for driver education schools; and in Subsection E, after "in the amount of", changed "five thousand dollars ($5,000)" to "fifteen thousand dollars ($15,000)".
The 1993 amendment,
effective July 1, 1993, substituted "bureau" for "department" in the section heading, "bureau shall" for "state department of education may" in the introductory paragraph, and "education" for "training" throughout the section; added present Subsections D and E, and Subsections G to I; and redesignated former Subsection D as present Subsection F.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 10 - Driver Education Schools › Section 66-10-7 - Disposition of fees.

All fees received by the bureau for licenses or certificates issued pursuant to the Driving School Licensing Act [Chapter 66, Article 10 NMSA 1978] shall be deposited with the state treasurer and placed in the general fund.
History:
1953 Comp., § 64-35-7, enacted by Laws 1967, ch. 185, § 7; 1993, ch. 68, § 51.
ANNOTATIONS
The 1993 amendment,
effective July 1, 1993, substituted "bureau" for "state department of education" and inserted "or certificates".
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 10 - Driver Education Schools › Section 66-10-8 - Application.

The provisions of the Driving School Licensing Act shall not apply to authorized driver training programs conducted by any public, parochial, or other schools providing the curriculum and grade sequence that allows a student to secure a high school education. Other exemptions include state and federal agencies, or local political subdivisions, and the provisions shall not apply to any person giving driver instruction to another person without charge.
History:
1953 Comp., § 64-35-8, enacted by Laws 1967, ch. 185, § 8.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 10 - Driver Education Schools › Section 66-10-9 - Motorcycle driver education programs.

A. Any driver education school licensed under the Driving School Licensing Act may offer a motorcycle driver education program in accordance with regulations promulgated by the bureau.
B. The bureau shall prescribe minimum motorcycle driver education program standards.
C. The Driving School Licensing Act applies to any program offered under this section.
History:
1953 Comp., § 64-35-9, enacted by Laws 1973, ch. 381, § 3; 1993, ch. 68, § 52.
ANNOTATIONS
Cross references.
— For motorcycle driver training programs in high schools,
see
22-13-12 NMSA 1978.
The 1993 amendment,
effective July 1, 1993, substituted "education" for "training" in the section heading and throughout the section, "Driving School Licensing Act" for "Driver School Licensing Act" in Subsections A and C, and "bureau" for "state department of education" in Subsections A and B; and deleted the former second sentence of Subsection B, pertaining to the program standards.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 10 - Driver Education Schools › Section 66-10-10 - Motorcycle training fund created; purpose.

A. There is created in the state treasury the "motorcycle training fund". The fund shall be invested in accordance with the provisions of Section 6-10-10 NMSA 1978, and all income earned on the fund shall be credited to the fund.
B. The motorcycle training fund shall be used to institute and provide a statewide system of motorcycle training and driver awareness and education in the dangers of driving while under the influence of alcohol or drugs for first-time license applicants and to provide for the purchase of necessary equipment and provide for such support services as are necessary for the establishment and maintenance of the system.
C. First-time applicants for a motorcycle license or an endorsement on their New Mexico driver's license may be required to complete a motorcycle driver education program as prescribed by the rules and regulations of the bureau.
D. The bureau shall adopt rules and regulations as prescribed in the State Rules Act [Chapter 14, Article 4 NMSA 1978] for the administration of a statewide motorcycle driver education program to be administered by the bureau. The program shall include, but not be limited to:
(1) helmet use and effectiveness;
(2) motorcycle accident and fatality statistics;
(3) drug and alcohol abuse information, laws and statistics;
(4) street and highway safe driving habits; and
(5) defensive driving.
E. The bureau shall cooperate with the state department of public education to distribute information through the public school systems.
F. All money in the motorcycle training fund is appropriated to the bureau for the purpose of carrying out the provisions of Subsection B of this section; provided that at the end of the seventy-second fiscal year and all subsequent fiscal years, all money in the motorcycle training fund in excess of the amount budgeted for the purposes delineated in Subsection B of this section shall revert to the state road fund.
History:
Laws 1983, ch. 266, § 1; 1989, ch. 164, § 3; 1993, ch. 68, § 53.
ANNOTATIONS
The 1993 amendment,
effective July 1, 1993, substituted "driver education" for "training" in Subsection C and in the introductory paragraph of Subsection D, "bureau" for "state highway and transportation department" in four places throughout the section, "administered by the bureau" for "administered through the field offices of the motor vehicle division" at the end of the first sentence of Subsection D, and "state department of public education" for "department of education" in Subsection E, and deleted "to help reduce or eliminate duplication of services and programs and" preceding "to distribute" in Subsection E.
The 1989 amendment,
effective June 16, 1989, substituted "state highway and transportation department" for "transportation department" throughout the section and "state road fund" for "general fund" at the end of Subsection F.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 10 - Driver Education Schools › Section 66-10-11 - Driving safety training considered by the court.

In addition to other sentencing or penalty provisions of law, when a person is convicted of a penalty assessment misdemeanor or other misdemeanor committed while operating a motor vehicle, each court is authorized to and shall consider ordering that offender to take any driving safety course certified by the bureau but shall not specify a particular provider.
History:
Laws 1993, ch. 68, § 54.