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 1 - OPERATORS' AND CHAUFFEURS' LICENSES › Section 66-5-22 - Notice of change of address or name.

A. Whenever a person, after applying for or receiving a driver's license, moves from the address named in the application or in the issued license or when the name of a licensee is changed by marriage or otherwise, the person shall, within ten days, notify the division of the new address in writing or by electronic media pursuant to department regulations. In the event of a change of name, the license shall be delivered by the licensee to the division and the change of name be accomplished on the license itself. The division may require such evidence as it deems satisfactory regarding the change of name.
B. A person who violates the provisions of this section is guilty of a penalty assessment misdemeanor.
History:
1953 Comp., § 64-5-22, enacted by Laws 1978, ch. 35, § 244; 2004, ch. 59, § 14; 2018, ch. 74, § 36.
ANNOTATIONS
The 2018 amendment,
effective July 1, 2018, provided a penalty for a violation of this section, and made technical changes; added subsection designation "A."; and added Subsection B.
The 2004 amendment,
effective March 4, 2004, added to the method of notice "by electronic media pursuant to department regulations".
Law reviews.
— For article, "Survey of New Mexico Law, 1979-80: Criminal Law and Procedure," see 11 N.M.L. Rev. 85 (1981).
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 5 - Licensing of Operators and Chauffeurs; Financial Responsibility; Uninsured Motorists' Insurance; Identification Cards › Part 1 - OPERATORS' AND CHAUFFEURS' LICENSES › Section 66-5-23 - Records to be kept by the division.

A. The division shall file every application for a driver's license or a commercial driver's license pursuant to the provisions of the New Mexico Commercial Driver's License Act [66-5-52 to 66-5-72 NMSA 1978] received by it and shall maintain suitable indexes containing:
(1) all applications denied and, on each, note the reasons for denial;
(2) all applications granted;
(3) the name of every licensee whose license has been suspended or revoked by the division and, after each, note the reasons for the action; and
(4) the name of every licensee who has violated his written promise to appear in court.
B. The division shall also file all abstracts of court records of conviction or reports that it receives from the trial courts of this state or from a tribal court, which show either that a driver is a first offender or a subsequent offender and whether that offender was represented by counsel or waived the right to counsel, with attention to Article III of the Driver License Compact [66-5-49 NMSA 1978], and in connection therewith maintain convenient records or make suitable notations in order that the individual record of each licensee showing the convictions of the licensee in which he has been involved shall be readily ascertainable and available for the consideration of the division upon any application for renewal of license and at other suitable times.
History:
1953 Comp., § 64-5-23, enacted by Laws 1978, ch. 35, § 245; 1979, ch. 71, § 3; 1981, ch. 360, § 2; 1988, ch. 56, § 3; 1989, ch. 14, § 20; 2003, ch. 164, § 5.
ANNOTATIONS
The 2003 amendment,
effective July 1, 2003, in Subsection B, inserted "that it receives" following "conviction or reports", substituted "or from a tribal court" for "received by it" following "of this state", deleted "received by it under the laws of this state" following "right to counsel".
The 1989 amendment,
effective July 1, 1989, in Subsection A substituted "driver's license or a commercial driver's license pursuant to the provisions of the New Mexico Commercial Driver's License Act" for "license" in the introductory paragraph, and substituted "received by it, which show either" for "which show" near the beginning of Subsection B.
The 1988 amendment,
effective January 1, 1989, in Subsection B, inserted "or a subsequent offender and whether that offender was represented by counsel or waived the right to counsel" and "Article III of" near the middle of the subsection, and deleted "of 1963, Section 66-5-49, Article III, NMSA 1978" following "Driver License Compact"; and made minor stylistic changes.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 5 - Licensing of Operators and Chauffeurs; Financial Responsibility; Uninsured Motorists' Insurance; Identification Cards › Part 1 - OPERATORS' AND CHAUFFEURS' LICENSES › Section 66-5-24 - Authority of division to cancel license.

A. The division is authorized to cancel any instruction permit, driver's license or provisional license upon determining that the licensee was not entitled to the issuance of the license or that the licensee failed to give the required or correct information in his application or committed any fraud in making the application.
B. Upon such cancellation, the licensee must surrender the license so canceled to the division.
History:
1953 Comp., § 64-5-24, enacted by Laws 1978, ch. 35, § 246; 1999, ch. 175, § 8.
ANNOTATIONS
Cross references.
— For the definition of "cancellation",
see
66-1-4.3 NMSA 1978.
For information required on application,
see
66-5-9 NMSA 1978.
For the penalty for fraudulent applications,
see
66-8-1 NMSA 1978.
The 1999 amendment,
effective January 1, 2000, inserted "instruction permit" and "or provisional license" in Subsection A and made minor stylistic changes.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 5 - Licensing of Operators and Chauffeurs; Financial Responsibility; Uninsured Motorists' Insurance; Identification Cards › Part 1 - OPERATORS' AND CHAUFFEURS' LICENSES › Section 66-5-25 - Suspending privileges of nonresidents; reporting convictions; failures to appear; failures to pay.

A. The privilege of driving a motor vehicle on the highways of this state given to a nonresident shall be subject to suspension or revocation by the division in like manner and for like cause as a driver's license may be suspended or revoked.
B. The division is further authorized, upon receiving a record of the conviction in this state of a nonresident driver of a motor vehicle of any offense under the motor vehicle laws of this state, or of notice of failure to appear or upon determination by the division of failure to pay a penalty assessment, to forward the record to the motor vehicle administrator in the state wherein the person so convicted is a resident.
C. Upon a request by a tribe, the division is authorized to forward to a tribal court or other authority, as specified in an applicable intergovernmental agreement, the record of the conviction in this state of a resident driver of a motor vehicle, who is subject to the jurisdiction of the tribe, of any offense under the Motor Vehicle Code [66-1-1 NMSA 1978] or of notice of failure to appear or upon determination by the division of a failure to pay a penalty assessment.
History:
1953 Comp., § 64-5-25, enacted by Laws 1978, ch. 35, § 247; 1981, ch. 360, § 3; 2003, ch. 164, § 6.
ANNOTATIONS
Cross references.
— For the definition of "suspension",
see
66-1-4.16 NMSA 1978.
For reporting nonresident's accidents under the Driver License Compact,
see
66-5-49 NMSA 1978.
The 2003 amendment,
effective July 1, 2003, added Subsection C.
Procedures employed and causes for which nonresident license may be suspended
or revoked are identical with that for the suspension or revocation of a resident operator's license. 1960 Op. Att'y Gen. No. 60-167.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 7A Am. Jur. 2d Automobiles and Highway Traffic §§ 109 to 124.
60 C.J.S. Motor Vehicles § 164.1.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 5 - Licensing of Operators and Chauffeurs; Financial Responsibility; Uninsured Motorists' Insurance; Identification Cards › Part 1 - OPERATORS' AND CHAUFFEURS' LICENSES › Section 66-5-27 - Recognition of convictions for motor vehicle offenses committed on military installations; suspension or revocation.

The division is authorized to suspend or revoke the license of any resident of this state or the driving privilege of any member of the armed forces of the United States who is stationed at a federal military installation within this state, upon the receipt of a notice, from the authority having jurisdiction over offenses which occur on a federal military installation, of the conviction of such person for an offense committed on such federal military installation, which if committed in this state, would be grounds for the suspension or revocation of the license of a driver.
History:
1953 Comp., § 64-5-27, enacted by Laws 1978, ch. 35, § 249.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 5 - Licensing of Operators and Chauffeurs; Financial Responsibility; Uninsured Motorists' Insurance; Identification Cards › Part 1 - OPERATORS' AND CHAUFFEURS' LICENSES › Section 66-5-27.1 - Recognition of convictions for motor vehicle offenses committed on tribal land; intergovernmental agreements; information sharing with tribal courts.

A. The department is authorized to enter into an intergovernmental agreement with the appropriate governmental entity of a tribe to permit the exchange of information between the tribal court and the division regarding persons who are adjudicated for a motor vehicle offense that occurred within the jurisdiction of the tribal court.
B. The division is authorized to suspend or revoke the driver's license or driving privilege of a person who has been convicted of a motor vehicle offense by a tribal court; provided that:
(1) the department has entered into an intergovernmental agreement with the tribe that permits the exchange of information on motor vehicle offense convictions between the tribal court and the division; and
(2) the division has received notice from the tribal court, or other authority as provided in the intergovernmental agreement, that the driver has been convicted of a motor vehicle offense that, if committed within the jurisdiction of the state, would be grounds for suspension or revocation of the driver's license or driving privilege of the offender.
History:
Laws 2003, ch. 164, § 8.
ANNOTATIONS
Effective dates.
— Laws 2003, ch. 164, § 11 made the section effective July 1, 2003.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 5 - Licensing of Operators and Chauffeurs; Financial Responsibility; Uninsured Motorists' Insurance; Identification Cards › Part 1 - OPERATORS' AND CHAUFFEURS' LICENSES › Section 66-5-28 - Repealed.

History:
1953 Comp., § 64-5-28, enacted by Laws 1978, ch. 35, § 250; 1979, ch. 71, § 4; 1989, ch. 14, § 21; repealed by Laws 2009, ch. 200, § 8.
ANNOTATIONS
Repeals.
— Laws 2009, ch. 200, § 8 repealed 66-5-28 NMSA 1978, as enacted by Laws 1978, ch. 35, § 250, relating to requirement that the court forward revoked drivers' licenses to the division and definitions of "convicted" and "conviction", effective July 1, 2009. For provisions of former section,
see
the 2008 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 1 - OPERATORS' AND CHAUFFEURS' LICENSES › Section 66-5-31 - Division may require reexamination.

The division, having good cause to believe that a licensed driver is incompetent or otherwise not qualified to be licensed, may request that, upon written notice of at least five days to the licensee, he submit to an examination. Upon the conclusion of such examination, the division shall take action as may be appropriate and may suspend the license of such person or permit him to retain such license, or may issue a license subject to restrictions as permitted under Section 66-5-19 NMSA 1978. Refusal or neglect of the licensee to submit to such examination shall be ground for suspension of his license.
History:
1953 Comp., § 64-5-31, enacted by Laws 1978, ch. 35, § 253.
ANNOTATIONS
Cross references.
— For examination of applicants,
see
66-5-14 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 7A Am. Jur. 2d Automobiles and Highway Traffic § 111.
60 C.J.S. Motor Vehicles § 156.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 5 - Licensing of Operators and Chauffeurs; Financial Responsibility; Uninsured Motorists' Insurance; Identification Cards › Part 1 - OPERATORS' AND CHAUFFEURS' LICENSES › Section 66-5-33 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1985, ch. 47, § 3, repealed 66-5-33 NMSA 1978, as enacted by Laws 1978, ch. 35, § 255, relating to the surrender and return of a license and reinstatement fee, effective June 14, 1985. For present comparable provisions,
see
66-5-33.1 and 66-5-230 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 1 - OPERATORS' AND CHAUFFEURS' LICENSES › Section 66-5-34 - No operation under foreign license during suspension or revocation in this state.

Any resident or nonresident whose driver's license or right or privilege to operate a motor vehicle in this state has been suspended or revoked as provided in this article shall not operate a motor vehicle in this state under a license, permit or registration certificate issued by any other jurisdiction or otherwise during such suspension or after such revocation until a new license is obtained, when and as permitted under this article.
History:
1953 Comp., § 64-5-34, enacted by Laws 1978, ch. 35, § 256.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references.
— Automobiles: Necessity or emergency as defense in prosecution for driving without operator's license or while license is suspended, 7 A.L.R.5th 73.
60 C.J.S. Motor Vehicles § 164.48.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 5 - Licensing of Operators and Chauffeurs; Financial Responsibility; Uninsured Motorists' Insurance; Identification Cards › Part 1 - OPERATORS' AND CHAUFFEURS' LICENSES › Section 66-5-38 - Making false affidavit perjury.

Except as otherwise provided in the Motor Vehicle Code, a person who makes a false affidavit or knowingly swears or affirms falsely to a matter or thing required by the terms of the Motor Vehicle Code to be sworn to or affirmed is guilty of perjury as provided in Section 30-25-1 NMSA 1978.
History:
1953 Comp., § 64-5-38, enacted by Laws 1978, ch. 35, § 260; 2018, ch. 74, § 39.
ANNOTATIONS
Cross references.
— For perjury being a fourth-degree felony,
see
30-25-1 NMSA 1978.
The 2018 amendment,
effective July 1, 2018, provided that making a false affidavit or knowingly swearing or affirming falsely to a matter required by the Motor Vehicle Code is a fourth degree felony, unless otherwise provided in the Motor Vehicle Code; deleted "Any" and added "Except as otherwise provided in the Motor Vehicle Code, a", and after "guilty of perjury", deleted "and upon conviction shall be punishable by fine or imprisonment as other persons committing perjury are punishable" and added "as provided in Section 30-25-1 NMSA 1978".
Application to law enforcement officers.
— There is no intent by the legislature to exclude law enforcement officers from the term "persons" as that term is used in the statute.
State Transp. Dep't v. Yazzie
, 1991-NMCA-098, 112 N.M. 615, 817 P.2d 1257, cert. denied, 112 N.M. 499, 816 P.2d 1121.
Statement signed under penalty of perjury.
— An officer was subject to the penalties under this section when he signed a statement seeking to revoke driving privileges. Consequently, the statement was signed under the penalty of perjury and thus met the requirement of 66-8-111 NMSA 1978.
State Transp. Dep't v. Yazzie
, 1991-NMCA-098, 112 N.M. 615, 817 P.2d 1257, cert. denied, 112 N.M. 499, 816 P.2d 1121.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 5 - Licensing of Operators and Chauffeurs; Financial Responsibility; Uninsured Motorists' Insurance; Identification Cards › Part 1 - OPERATORS' AND CHAUFFEURS' LICENSES › Section 66-5-39.2 - Driving while license administratively suspended.

A person who drives a motor vehicle on any public highway of this state at a time when the person's privilege to do so is administratively suspended is guilty of a penalty assessment misdemeanor and may be punished in accordance with the provisions of Section 66-8-116 NMSA 1978.
History:
1978 Comp., § 66-5-39.2, enacted by Laws 2019, ch. 224, § 3.
ANNOTATIONS
Effective dates.
— Laws 2019, ch. 224, §6 made Laws 2019, ch. 224 effective October 1, 2019.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 5 - Licensing of Operators and Chauffeurs; Financial Responsibility; Uninsured Motorists' Insurance; Identification Cards › Part 1 - OPERATORS' AND CHAUFFEURS' LICENSES › Section 66-5-40 - Permitting unauthorized minor to drive.

No person shall cause or knowingly permit his child or ward under the age of eighteen years to drive a motor vehicle upon any highway when such minor is not authorized hereunder or is in violation of any of the provisions of this article.
History:
1953 Comp., § 64-5-40, enacted by Laws 1978, ch. 35, § 262.
ANNOTATIONS
Cross references.
— For the penalty assessment for violation of this section,
see
66-8-116 NMSA 1978.
For offenses by persons owning or controlling vehicles,
see
66-8-121 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 7A Am. Jur. 2d Automobiles and Highway Traffic § 149.
61A C.J.S. Motor Vehicles § 687.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 5 - Licensing of Operators and Chauffeurs; Financial Responsibility; Uninsured Motorists' Insurance; Identification Cards › Part 1 - OPERATORS' AND CHAUFFEURS' LICENSES › Section 66-5-42 - Employing unlicensed driver.

No person shall employ as a driver of a motor vehicle any person not licensed as provided in this article.
History:
1953 Comp., § 64-5-42, enacted by Laws 1978, ch. 35, § 264.
ANNOTATIONS
Cross references.
— For offenses by persons owning or controlling vehicles,
see
66-8-121 NMSA 1978.
Duty to the motoring public.
— This section expresses the public policy that an employer has a duty to the motoring public to use due care in the hiring and retention of employees who operate vehicles in the scope of their employment.
Lessard v. Coronado Paint & Decorating Ctr., Inc.
, 2007-NMCA-122, 142 N.M. 583, 168 P.3d 155, cert. granted, 2007-NMCERT-009, 142 N.M. 715, 169 P.3d 408.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 5 - Licensing of Operators and Chauffeurs; Financial Responsibility; Uninsured Motorists' Insurance; Identification Cards › Part 1 - OPERATORS' AND CHAUFFEURS' LICENSES › Section 66-5-43 - Renting motor vehicles to unlicensed drivers and minors; exception; record.

A. No person shall rent a motor vehicle to any other person unless the latter person is then duly licensed hereunder or, in the case of a nonresident, then duly licensed under the laws of the state or country of his residence except a nonresident whose home state or country does not require that a driver be licensed.
B. No person shall rent a motor vehicle to another until he has inspected the driver's license of the person to whom the vehicle is to be rented, and has compared and verified the signature thereon with the signature of such person written in his presence.
C. Every person renting a motor vehicle to another shall keep a record of the registration number of the motor vehicle so rented, the name and address of the person to whom the vehicle is rented, the number of the license of said latter person and the date and place when and where said license was issued. Such record shall be open to inspection by any police officer or officer or employee of the division.
D. It is unlawful to rent a motor vehicle to any person who is under the age of eighteen years unless such person shall furnish and leave with the person renting out the motor veicle [vehicle] a statement in writing showing the consent of the parent or guardian to the rent [rental] of a motor vehicle by the said owner [minor].
History:
1953 Comp., § 64-5-43, enacted by Laws 1978, ch. 35, § 265.
ANNOTATIONS
Cross references.
— For the general police authority of the division of motor vehicles,
see
66-2-12 NMSA 1978.
Bracketed material.
— The bracketed material was inserted by the compiler and it is not part of the law.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— Criminal liability in connection with rental of motor vehicles, 38 A.L.R.3d 949.
Construction and application of statute imposing liability expressly upon motor vehicle lessor for damages caused by operation of vehicle, 41 A.L.R.4th 993.
State regulation of motor vehicle rental ("you-drive") business, 60 A.L.R.4th 784.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 5 - Licensing of Operators and Chauffeurs; Financial Responsibility; Uninsured Motorists' Insurance; Identification Cards › Part 1 - OPERATORS' AND CHAUFFEURS' LICENSES › Section 66-5-44.1 - Provisional licenses; duration and fee; appropriation.

A. There shall be paid to the division a fee of thirteen dollars ($13.00) for each provisional license or duplicate provisional license. Each provisional license shall be for a term provided for in Section 66-5-21 NMSA 1978.
B. The director with the approval of the governor may increase the amount of the fee provided for in this section by an amount not to exceed three dollars ($3.00) for the purpose of implementing an enhanced driver's license system. The additional amounts collected pursuant to this subsection are appropriated to the division to defray the expense of the new system of licensing.
C. The fees collected pursuant to the provisions of Subsection A of this section are appropriated to the division to defray the expense of implementing the new system of provisional licensing.
History:
1978 Comp., § 66-5-44.1, enacted by Laws 1999, ch. 175, § 11.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 5 - Licensing of Operators and Chauffeurs; Financial Responsibility; Uninsured Motorists' Insurance; Identification Cards › Part 1 - OPERATORS' AND CHAUFFEURS' LICENSES › Section 66-5-45 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1985, ch. 66, § 4 repealed 66-5-45 NMSA 1978, as enacted by Laws 1978, ch. 35, § 267, relating to duplicate licenses and permits, effective July 1, 1985. For present provisions on fees for duplicate drivers' licenses,
see
66-5-44 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 1 - OPERATORS' AND CHAUFFEURS' LICENSES › Section 66-5-46 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1990, ch. 120, § 44 repealed 66-5-46 NMSA 1978, as enacted by Laws 1978, ch. 35, § 268, relating to deposit of collections with state treasurer, effective July 1, 1990. For provisions of former section,
see
the 1989 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 5 - Licensing of Operators and Chauffeurs; Financial Responsibility; Uninsured Motorists' Insurance; Identification Cards › Part 1 - OPERATORS' AND CHAUFFEURS' LICENSES › Section 66-5-47 - Photographs.

The department shall reproduce the likeness of drivers, subject to the following conditions:
A. photographs or other reproductions of the likeness of all persons shall be a full-face or front-view digital photograph; and
B. photographs or other reproductions of the likeness of all persons under the age of twenty-one years shall have a printed legend, indicating that the person is under twenty-one, which shall be displayed in such manner as to be easily read by any person inspecting the license.
History:
1953 Comp., § 64-5-47, enacted by Laws 1978, ch. 35, § 269; 1989, ch. 318, § 17; 1990, ch. 120, § 28; 1999, ch. 76, § 2; 2016, ch. 79, § 8.
ANNOTATIONS
Cross references.
— For other information required to be included on the license,
see
66-5-15 NMSA 1978.
For definition of "municipality" including H-class counties,
see
3-1-2 NMSA 1978.
For establishment of H-class counties,
see
4-44-3 NMSA 1978.
The 2016 amendment,
effective May 18, 2016, removed the requirement that each applicant for a license provide proof of age; in the catchline, after "photographs", deleted "evidence of applicant's age"; deleted the subsection designation "A" and redesignated former Paragraphs (1) and (2) of Subsection A as new Subsections A and B, respectively; in Subsection A, after "the likeness of all persons shall", deleted "show" and added "be", after "a", deleted "full face" and added "full-face", and after "or", deleted "front view" and added "front-view digital photograph"; and deleted former Subsection B.
The 1999 amendment,
effective July 1, 1999, substituted "department" for "division" in the introductory language of Subsection A and in the last sentence of Subsection B; in Subsection B, inserted "or a replacement license" in the first sentence, and in the second sentence, inserted "certified", inserted "a valid passport", and substituted "secretary" for "director".
The 1990 amendment,
effective July 1, 1990, deleted "Distribution of license fees" in the catchline, deleted former Subsections A and D to G, relating to the distribution of license fees, redesignated former Subsections B and C as present Subsections A and B and made a minor stylistic change.
The 1989 amendment,
effective July 1, 1989, substituted "Subsection A of Section 66-5-44 NMSA 1978" for "Section 64-5-44A NMSA 1953" in Subsections A, D and F; substituted "reproduce the likeness of" for "photograph" in the introductory paragraph of Subsection B; inserted "or other reproductions of the likeness" in Subsections B(1) and B(2); made minor stylistic changes in Subsection C; in Subsection F substituted "66-6-23 NMSA 1978" for "64-6-23 NMSA 1953" at the end of the first sentence; and in Subsection G substituted "motorcycle" for "motor-driven cycle" in the first sentence.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 5 - Licensing of Operators and Chauffeurs; Financial Responsibility; Uninsured Motorists' Insurance; Identification Cards › Part 1 - OPERATORS' AND CHAUFFEURS' LICENSES › Section 66-5-48 - Uniformity of interpretation.

This article shall be so interpreted and construed as to effectuate its general purpose to make uniform the laws of those states which enact it.
History:
1953 Comp., § 64-5-48, enacted by Laws 1978, ch. 35, § 270.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 5 - Licensing of Operators and Chauffeurs; Financial Responsibility; Uninsured Motorists' Insurance; Identification Cards › Part 1 - OPERATORS' AND CHAUFFEURS' LICENSES › Section 66-5-50 - Driver License Compact; definitions; cooperation.

As used in the Driver License Compact with reference to this state:
A. "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 Articles III, IV and V of the compact; and
B. "executive head" means the governor.
History:
1953 Comp., § 64-5-50, enacted by Laws 1978, ch. 35, § 272; 1987, ch. 268, § 25.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 5 - Licensing of Operators and Chauffeurs; Financial Responsibility; Uninsured Motorists' Insurance; Identification Cards › Part 1 - OPERATORS' AND CHAUFFEURS' LICENSES › Section 66-5-51 - Compensation of compact administrator.

The director is not entitled to any additional compensation because of his services as compact administrator under Article VII of the Driver License Compact, Section 66-5-49 NMSA 1978 but may be reimbursed per diem and mileage expenses in accordance with the Per Diem and Mileage Act [10-8-1 to 10-8-8 NMSA 1978].
History:
1953 Comp., § 64-5-51, enacted by Laws 1978, ch. 35, § 273; 1987, ch. 268, § 26.
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 66-5-52 - Short title.

Sections 66-5-52 through 66-5-72 NMSA 1978 may be cited as the "New Mexico Commercial Driver's License Act".
History:
Laws 1989, ch. 14, § 1; 1992, ch. 13, § 2; 2000, ch. 71, § 1; 2003, ch. 51, § 1.
ANNOTATIONS
The 2003 amendment,
effective March 19, 2003, substituted "66-5-72" for "66-5-71".
The 2000 amendment,
effective May 17, 2000, substituted "66-5-71" for "66-5-70".
The 1992 amendment,
effective April 1, 1992, substituted "Sections 66-5-52 through 66-5-70 NMSA 1978" for "Sections 1 through 19 of this act".
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 66-5-53 - Purpose.

The purpose of the New Mexico Commercial Driver's License Act is to:
A. improve commercial driver quality;
B. remove problem commercial drivers from New Mexico's highways; and
C. establish a system that will prevent operators of commercial motor vehicles from having more than one driver's license.
History:
Laws 1989, ch. 14, § 2.
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 66-5-55 - Driver's licenses; limitation of number.

As of the effective date of the New Mexico Commercial Driver's License Act, no person who drives a commercial motor vehicle may have more than one driver's license.
History:
Laws 1989, ch. 14, § 4.
ANNOTATIONS
Compiler's notes.
— The effective date of the New Mexico Commercial Driver's License Act is July 1, 1989, the effective date of Laws 1989, Chapter 14.
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 66-5-56 - Notification by driver to the division.

Any driver of a commercial motor vehicle holding a New Mexico driver's license who is convicted of violating any state law or local ordinance relating to motor vehicle traffic control in any other state, other than parking violations, shall notify the division, in the manner specified in a regulation adopted by the secretary, within thirty days of the date of conviction.
History:
Laws 1989, ch. 14, § 5.
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 66-5-57 - Notification by driver to employer.

A. Any driver of a commercial motor vehicle holding a New Mexico driver's license who is convicted of violating any state law or local ordinance relating to motor vehicle traffic control in this or any other state, other than parking violations, shall notify in writing his employer of the conviction within thirty days of the date of conviction.
B. Any driver whose driver's license is suspended, revoked or canceled by any state, or who loses the privilege to drive a commercial motor vehicle in any state for any period, shall notify his employer of that fact before the end of the business day following the day the driver received notice of the fact.
History:
Laws 1989, ch. 14, § 6.
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 66-5-58 - Employer responsibility.

It is unlawful for an employer to knowingly allow, require, permit or authorize a driver to drive a commercial motor vehicle during a period in which:
A. the driver has a driver's license suspended, revoked or canceled by a state, has lost the privilege to drive a commercial motor vehicle in a state or has been disqualified from driving a commercial motor vehicle;
B. the driver has more than one driver's license as of the effective date of the provisions of the New Mexico Commercial Driver's License Act;
C. the driver, the commercial motor vehicle the driver is driving or the motor carrier operation of the employer is subject to an out-of-service order; or
D. the driver has been convicted of a railroad-highway grade crossing violation.
History:
Laws 1989, ch. 14, § 7; 1998, ch. 17, § 2; 2003, ch. 51, § 3; 2005, ch. 312, § 3.
ANNOTATIONS
The 2005 amendment,
effective July 1, 2005, provided that it is unlawful for an employer to commit the specified acts.
The 2003 amendment,
effective March 19, 2003, in the introductory paragraph substituted "An employer shall not" for "No employer shall", substituted "a period in which" for "any period" at the end; deleted "in which" at the beginning of Subsections A and B; substituted "the driver, the commercial motor vehicle the driver" for "in which the employee, the commercial motor vehicle the employee" at the beginning of Subsection C; and added Subsection D.
The 1998 amendment,
effective May 20, 1998, inserted "require," following "allow," in the undesignated paragraph; added Subsection C; and made minor stylistic changes.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 5 - Licensing of Operators and Chauffeurs; Financial Responsibility; Uninsured Motorists' Insurance; Identification Cards › Part 1A - COMMERCIAL DRIVERS' LICENSES › Section 66-5-59 - Commercial driver's license required.

A. A person may not drive a commercial motor vehicle unless the person holds and is in immediate possession of a commercial driver's license and applicable endorsements valid for the vehicle the person is driving, except when driving under a commercial driver's instruction permit and accompanied by the holder of a commercial driver's license valid for the vehicle being driven.
B. A person may not drive a commercial motor vehicle while the person's driving privilege is suspended, revoked or canceled or while subject to a disqualification or in violation of an out-of-service order.
C. A person who is a resident of this state for at least thirty days may not drive a commercial motor vehicle under the authority of a commercial driver's license issued by another jurisdiction.
D. A person may not drive a commercial motor vehicle in violation of an out-of-service order.
History:
Laws 1989, ch. 14, § 8; 2003, ch. 51, § 4.
ANNOTATIONS
The 2003 amendment,
effective March 19, 2003, substituted "A person may not drive" for "No person may drive" at the beginning of Subsections A and B; in Subsection C substituted "A person" for "No person" at the beginning, inserted "not" preceding "drive a commercial"; and added Subsection D.
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 66-5-61 - Commercial driver's license; limitations on issuance.

A commercial driver's license may not be issued to a person while the person is subject to a disqualification from driving a commercial motor vehicle or while the person's driver's license is suspended, revoked or canceled in any state, nor may a commercial driver's license be issued to a person who has a commercial driver's license issued by any other state unless the person first surrenders all such licenses to the division. The division shall return such licenses to the issuing state for cancellation.
History:
Laws 1989, ch. 14, § 10.
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 66-5-62 - Commercial driver's license; instruction permit; application; duplicate.

A. A commercial driver's instruction permit may be issued to an individual who holds a valid driver's license.
B. The commercial driver's instruction permit may be issued for a period not to exceed one year; provided that a knowledge exam is passed prior to each issuance. The holder of a commercial driver's instruction permit may drive a commercial motor vehicle on a highway only when accompanied by the holder of a commercial driver's license valid for the type of vehicle driven, who occupies a seat beside the individual for the purpose of giving instruction in driving the commercial motor vehicle.
History:
Laws 1989, ch. 14, § 11; 2022, ch. 24, § 4.
ANNOTATIONS
The 2022 amendment,
effective January 1, 2023, extended the period of time for which a commercial driver's instruction permit may be issued, from six months to one year, provided that a knowledge exam is passed prior to each issuance; and in Subsection B, after "not to exceed", deleted "six months. Only one renewal or reissuance may be granted within a two-year period" and added "one year; provided that a knowledge exam is passed prior to each issuance".
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 66-5-63 - Commercial driver's license; permit; application; duplicate.

A. The application for a commercial driver's license or commercial driver's instruction permit shall include the following:
(1) the full name and current mailing and residential address of the person;
(2) a physical description of the person, including sex, height, weight and eye color;
(3) the person's date of birth;
(4) the person's social security number;
(5) the person's signature;
(6) a consent to release the person's driving record information;
(7) certification by the applicant that the commercial motor vehicle used for the knowledge and skills test for driving a motor vehicle is in the class of commercial motor vehicles for which the person has applied for a commercial motor vehicle license;
(8) certification by the applicant that the commercial motor vehicle used for the knowledge and skills test for driving a motor vehicle is representative of the endorsement for which the person has applied; and
(9) any other information required by the department.
B. When a licensee changes his name or residence or mailing address, an application for a duplicate license shall be made as provided in Section 66-5-20 NMSA 1978.
History:
Laws 1989, ch. 14, § 12; 1992, ch. 13, § 4; 2005, ch. 312, § 5.
ANNOTATIONS
The 2005 amendment,
effective July 1, 2005, added Subsection A(7) to provide that the applicant must certify that the vehicle used for the knowledge and skills test is in the class of vehicles for which the applicant has applied for a license; and added Subsection A(8) to provide that the applicant must certify that the vehicle used for the knowledge and skills test is representative of the endorsement for which the applicant has applied.
The 1992 amendment,
effective April 1, 1992, deleted "and hair" following "eye" in Subsection A(2); made minor stylistic changes in Subsections A(3), A(4), and A(6); deleted former Subsection A(6), which read: "the person's color picture"; redesignated former Subsections A(7) and A(8) as present Subsections A(6) and A(7); and substituted "department" for "division" in Subsection A(7).
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 66-5-64 - Commercial driver's license; content.

The commercial driver's license shall be marked "commercial driver's license" or "CDL". It shall include, but not be limited to, the following information:
A. the person's name and current New Mexico physical or mailing address;
B. the person's full face or front-view color photograph;
C. a physical description of the person, including sex, height, weight and eye color;
D. the person's date of birth;
E. the person's signature;
F. the class or type of commercial motor vehicle that the person is authorized to drive, together with any endorsements or restrictions;
G. the name of this state; and
H. the dates between which the license is valid.
History:
Laws 1989, ch. 14, § 13; 1991, ch. 150, § 1; 1992, ch. 13, § 5; 2004, ch. 59, § 17.
ANNOTATIONS
The 2004 amendment,
effective March 4, 2004, amended Subsection A to change "name and residential address of the person" to "the person's name and current New Mexico physical or mailing address" and amended Subsection B to change "color picture" to "full face or front-view color photograph".
The 1992 amendment,
effective April 1, 1992, deleted "and hair" following "eye" in Subsection C and made minor stylistic changes in Subsection F.
The 1991 amendment,
effective June 14, 1991, added "the person's" at the beginning of Subsection D; deleted former Subsection E, which read "the person's social security number and any number or identifier deemed appropriate by the division"; and redesignated former Subsections F to I as present Subsections E to H.
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 66-5-64 - Commercial driver's license and commercial learner's permit; content. (Effective January 1, 2024.)

The commercial driver's license shall be marked "commercial driver's license" or "CDL". The commercial learner's permit shall be marked "commercial learner's permit" or "CLP", and shall state: "This permit is invalid unless accompanied by a New Mexico driver's license.". A commercial driver's license or commercial learner's permit shall include, but not be limited to, the following information:
A. the person's name and current New Mexico physical address;
B. the person's full face or front-view color photograph;
C. a physical description of the person, including sex, height, weight and eye color;
D. the person's date of birth;
E. the person's signature;
F. the class or type of commercial motor vehicle that the person is authorized to drive, together with any endorsements or restrictions;
G. the name of this state; and
H. the dates between which the license or permit is valid.
History:
Laws 1989, ch. 14, § 13; 1991, ch. 150, § 1; 1992, ch. 13, § 5; 2004, ch. 59, § 17; 2023, ch. 70, § 3.
ANNOTATIONS
The 2023 amendment,
effective January 1, 2024, required certain content to be included on commercial driver's licenses and commercial learner's permits; in the section heading, added "and commercial learner's permit"; and in the introductory clause, added "The commercial learner's permit shall be marked 'commercial learner's permit' or 'CLP', and shall state: 'This permit is invalid unless accompanied by a New Mexico driver's license.'. A commercial driver's license or commercial learner's permit".
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 66-5-64.1 - Non-domiciled commercial driver's license or non-domiciled commercial driver's instruction permit by a foreign national with lawful status.

A. An application for a non-domiciled commercial driver's license or a non-domiciled commercial driver's instruction permit by a foreign national with lawful status for a REAL ID-compliant non-domiciled commercial driver's license or non-domiciled commercial driver's instruction permit shall contain the unique identifying number and expiration date, if applicable, of the foreign national's valid passport, valid visa, employment authorization card issued under the applicant's approved deferred action status or other arrival-departure record or document issued by the federal government that conveys lawful status. The division may issue to an eligible foreign national applicant a REAL ID-compliant non-domiciled commercial driver's license or non-domiciled commercial driver's instruction permit that is valid for a period not to exceed the duration of the applicant's lawful status; provided that if that date cannot be determined by the division and the applicant is not a legal permanent resident, the license or permit shall expire one year after the effective date of the license.
B. A non-domiciled commercial driver's license issued to a foreign national with lawful status shall contain the prominent statement:
(1) "Non-domiciled commercial driver's license"; or
(2) "Non-domiciled CDL".
C. A non-domiciled commercial driver's instruction permit issued to a foreign national with lawful status shall contain the prominent statement:
(1) "Non-domiciled commercial learner's permit"; or
(2) "Non-domiciled CLP".
D. The word "Non-domiciled" shall be conspicuously and unmistakably displayed but may be noncontiguous with the words or phrases "commercial driver's license", "CDL", "commercial learner's permit" or "CLP".
History:
Laws 2022, ch. 24, § 2.
ANNOTATIONS
Effective dates.
— Laws 2022, ch. 24, § 8 made Laws 2022, ch. 24, § 2 effective January 1, 2023.
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 66-5-65.1 - Repealed

History:
Laws 2004, ch. 59, § 15; repealed by Laws 2022, ch. 24, § 7.
ANNOTATIONS
Repeals.
— Laws 2022, ch. 24, § 7 repealed 66-5-65.1 NMSA 1978, as enacted by Laws 2004, ch. 59, § 15, relating to license endorsement fees, effective January 1, 2023. For provisions of former section,
see
the 2022 NMSA 1978 on
NMOneSource.com
.