reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 1 - General Provisions › Section 66-1-4.13 - Definitions.

As used in the Motor Vehicle Code:
A. "odometer" means a device for recording the total mileage traveled by a vehicle from the vehicle's manufacture and for so long as the vehicle is operable on the highways;
B. "off-highway motor vehicle" means any motor vehicle operated or used exclusively off the highways of this state and that is not legally equipped for operation on the highways of this state, but does not include an electric-assisted bicycle;
C. "official printout" means any record supplied by the division or a similar agency or government entity that indicates the lienholders of record or owners of record of a vehicle or motor vehicle registered within that government's jurisdiction or indicates information about a driver's license or identification card, including traffic violation history or status;
D. "official traffic-control devices" means all signs, signals, markings and devices consistent with the Motor Vehicle Code placed or erected, by authority of a public body or official having jurisdiction, for the purpose of regulating, warning or guiding traffic;
E. "operational design domain" means the specific conditions under which a given automated driving system or feature of the system is designed to function;
F. "operator" means driver, as defined in Section 66-1-4.4 NMSA 1978; and
G. "owner" means a person who holds the legal title of a vehicle and may include a conservator, guardian, personal representative, executor or similar fiduciary, or, in the event that a vehicle is the subject of an agreement for conditional sale or lease with the right of purchase upon performance of the conditions stated in the agreement and with an immediate right of possession vested in the conditional vendee or lessee, or, in the event that a mortgagor of a vehicle is entitled to possession, then such conditional vendee or lessee or mortgagor.
History:
1978 Comp., § 66-1-4.13, enacted by Laws 1990, ch. 120, § 14; 2021, ch. 114, § 3; 2023, ch. 93, § 4.
ANNOTATIONS
The 2023 amendment,
effective July 1, 2023, revised the definition of "off-highway motor vehicle"; and in Subsection B, after "of this state", added "but does not include an electric-assisted bicycle".
The 2021 amendment,
effective July 1, 2022, defined "operational design domain" as used in the Motor Vehicle Code; and added a new Subsection E and redesignated former Subsections E and F as Subsections F and G, respectively.
There is a distinction between "official traffic-control devices"
and "traffic-control signals."
Ward v. Ray
, 1967-NMSC-264, 78 N.M. 566, 434 P.2d 388.
Both flashing yellow and flashing red signal lights could be
"official traffic-control devices" within the meaning of former Section 64-14-21, 1953 Comp. (similar to this section).
Ward v. Ray, 1967-NMSC-264
, 78 N.M. 566, 434 P.2d 388.
Holder of legal title to leased vehicle.
— The New Mexico law contemplates that the owner, i.e., the holder of the legal title to a vehicle leased by a New Mexico firm for eight days, is the party responsible for registration. 1969 Op. Att'y Gen. No. 69-95.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 1 - General Provisions › Section 66-1-4.18 - Definitions.

As used in the Motor Vehicle Code:
A. "unclaimed vehicle or motor vehicle" means a vehicle or motor vehicle that has been placed in an impound lot by a law enforcement agency or removed to any storage lot by a property owner, and to which no owner or lienholder of record has asserted a valid claim; and
B. "utility trailer" means any trailer, semitrailer or pole trailer, but does not include freight trailers, manufactured homes, trailers of less than one-ton carrying capacity used to transport animals or fertilizer trailers of less than three thousand five hundred pounds empty weight.
History:
1978 Comp., § 66-1-4.18, enacted by Laws 1990, ch. 120, § 19.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 1 - General Provisions › Section 66-1-4.19 - Definitions.

As used in the Motor Vehicle Code:
A. "validating sticker" means the tab or sticker issued by the division to signify, upon a registration plate, renewed registration;
B. "vehicle" means every device in, upon or by which any person or property is or may be transported or drawn upon a highway, including any frame, chassis, body or unitized frame and body of any vehicle or motor vehicle, except devices moved exclusively by human power or used exclusively upon stationary rails or tracks;
C. "vehicle-business number" means the distinctive registration number given by the division to any manufacturer, auto recycler or dealer; and
D. "vehicle plate" means a plate, marker, sticker or tag similar to a registration plate, but that is issued by the department for vehicles that are exempted from registration under the Motor Vehicle Code.
History:
1978 Comp., § 66-1-4.19, enacted by Laws 1990, ch. 120, § 20; 2005, ch. 324, § 5; 2017, ch. 70, § 1.
ANNOTATIONS
The 2017 amendment,
effective July 1, 2017, defined "vehicle plate" as used in the Motor Vehicle Code; and added Subsection D.
The 2005 amendment,
effective January 1, 2006, provided in Subsection B that "vehicle" includes a unitized frame and body and changed "wrecker of vehicles" to "auto recycler" in Subsection C.
Windrower not "vehicle" nor "motor vehicle".
— A windrower, a piece of farm machinery used to mow, crimp and cut hay or other crops into rows to be picked up and compacted into bales, is not a "vehicle" or "motor vehicle" under the statutory definition.
Smith Mach. Corp. v. Hesston, Inc.
, 1985-NMSC-004, 102 N.M. 245, 694 P.2d 501.
Mole.
— The "mole" which is a piece of equipment weighing 100 tons and which is used to move employees and supplies in and out of a tunnel under construction and to remove excavated material out of the tunnel is not a vehicle.
Gibbons & Reed Co. v. Bureau of Revenue
, 1969-NMSC-096, 80 N.M. 462, 457 P.2d 710.
Mobile machine not necessarily "vehicle".
— A finding that a machine "moves" or is "mobile" does not in itself support a conclusion that the machine can be "driven or moved upon a highway" for any purpose.
Kaiser Steel Corp. v. Revenue Div.
, 1981-NMCA-042, 96 N.M. 117, 628 P.2d 687, cert. denied, 96 N.M. 116, 628 P.2d 686.
In moving itself, a machine is not transporting
property within the meaning of the Motor Vehicle Code.
Kaiser Steel Corp. v. Revenue Div.
, 1981-NMCA-042, 96 N.M. 117, 628 P.2d 687, cert. denied, 96 N.M. 116, 628 P.2d 686.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 1 - General Provisions › Section 66-1-4.20 - Definitions.

As used in the Motor Vehicle Code:
A. "wholesaler" means any person, except a person making a casual sale of the person's own vehicle, who sells or offers for sale vehicles of a type subject to registration in this state, to a vehicle dealer who is licensed under the Motor Vehicle Code or who is franchised by a manufacturer, distributor or vehicle dealer; provided, however, that if any person except a person making a casual sale of the person's own vehicle also sells a vehicle at retail, that person shall be deemed to be a dealer and is subject to the dealer-licensing provisions of the Motor Vehicle Code; and
B. "written clearance from a law enforcement agency" means any written statement signed by a full-time, salaried law enforcement officer stating that a check has been made of the law enforcement agency's records and the computerized records of the national crime information center and that the check of records indicates that the vehicle or motor vehicle in question has not been reported stolen.
History:
1978 Comp., § 66-1-4.20, enacted by Laws 1990, ch. 120, § 21; 2005, ch. 324, § 6.
ANNOTATIONS
The 2005 amendment,
effective January 1, 2006, deleted former Subsection B which defined "wrecker of vehicles" to mean a person who acquires vehicles that are required to be registered for the purpose of dismantling the vehicles as scrap material or for resale of parts.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 1 - General Provisions › Section 66-1-4.21 - Additional definitions.

As used in the Motor Vehicle Code:
A. "evidence of registration" means any documentation issued by the department identifying a motor carrier vehicle as being registered with New Mexico or documentation issued by another state pursuant to the terms of a multistate agreement on registration of vehicles to which this state is a party identifying a motor carrier vehicle as being registered with that state; provided that evidence of payment of the weight distance tax and permits obtained under either the Special Fuels Supplier Tax Act [Chapter 7, Article 16A NMSA 1978] or Trip Tax Act [Chapter 7, Article 15 NMSA 1978] are not "evidence of registration";
B. "fleet" means one or more motor carrier vehicles, either commercial or noncommercial but not mixed, that are operated in this and at least one other jurisdiction;
C. "motor carrier" means any person or firm that owns, controls, operates or manages any motor vehicle with gross vehicle weight of twelve thousand pounds or more that is used to transport persons or property on the public highways of this state;
D. "one-way rental fleet" means two or more vehicles each having a gross vehicle weight of under twenty-six thousand one pounds and rented to the public without a driver;
E. "preceding year" means a period of twelve consecutive months fixed by the department, which period is within the sixteen months immediately preceding the commencement of the registration or license year for which proportional registration is sought. The department, in fixing that period, shall make it conform to the terms, conditions and requirements of any applicable agreement or arrangement for the proportional registration of vehicles;
F. "properly registered" means bearing the lawfully issued and currently valid evidence of registration of this or another jurisdiction, regardless of the owner's residence, except in those cases where the evidence has been procured by misrepresentation or fraud; and
G. "public highway" means every way or place generally open to the use of the public as a matter of right for the purpose of vehicular travel, even though it may be temporarily closed or restricted for the purpose of construction, maintenance, repair or reconstruction.
History:
1978 Comp., § 66-1-4.21, enacted by Laws 1998 (1st S.S.), ch. 10, § 9.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 1 - General Provisions › Section 66-1-5 - Measurements.

Whenever any provision of the Motor Vehicle Code or regulations promulgated thereunder refers to weight, height, length, width or speed in English units of measurement, it also refers to the metric equivalent of those units or, when adopted, to the metric substitutes for those units adopted by the state highway and transportation department.
History:
1978 Comp., § 66-1-5, enacted by Laws 1995, ch. 135, § 2; 1996, ch. 81, § 1.
ANNOTATIONS
The 1996 amendment,
effective May 15, 1996, added "or, when adopted, to the metric substitutes for those units adopted by the state highway and transportation department" at the end of the section.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 2 - Motor Vehicle Division of Taxation and Revenue Department › Section 66-2-2 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1991, ch. 160, § 22 repealed 66-2-1 and 66-2-2 NMSA 1978, as enacted by Laws 1978, ch. 35, §§ 5 and 6, relating to powers and duties and director of the motor vehicle division, effective July 1, 1991. For provisions of former sections,
see
the 1990 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 2 - Motor Vehicle Division of Taxation and Revenue Department › Section 66-2-3 - Powers and duties of department.

A. The department is vested with the power and is charged with the duty of observing, administering and enforcing the Motor Vehicle Code [66-1-1 NMSA 1978] in cooperation with state and local agencies as provided by law and the provisions of law now existing or hereinafter enacted.
B. The secretary may seek an injunction in any district court to require compliance with or prohibit violation of the Motor Vehicle Code.
C. A person authorized to carry out the duties imposed on the department by law is authorized to copy a record or document, including a birth certificate, necessary to establish that an applicant has met the requirements for issuance of a document issued by the department.
History:
1953 Comp., § 64-2-3, enacted by Laws 1978, ch. 35, § 7; 1991, ch. 160, § 5; 1995, ch. 31, § 6; 2007, ch. 319, § 10.
ANNOTATIONS
The 2007 amendment,
effective June 15, 2007, added Subsection C, providing for the copying of records or documents by persons authorized to carry out the duties of the department.
The 1995 amendment,
effective July 1, 1995, deleted former Subsection B relating to adoption of an official seal by the secretary, and redesignated former Subsection C as Subsection B.
The 1991 amendment,
effective July 1, 1991, substituted "department" for "director" in the catchline and in Subsection A; deleted former Subsection B, relating to the authority of the director to adopt and enforce rules and regulations; redesignated former Subsections C and D as present Subsections B and C; substituted "secretary" for "director" in Subsections B and C; substituted "department or any of its divisions" for "division" at the end of Subsection B; substituted "under the Motor Vehicle Code" for "herein" at the end of Subsection C; and made stylistic changes in Subsection A.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 7A Am. Jur. 2d Automobiles and Highway Traffic § 18.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 2 - Motor Vehicle Division of Taxation and Revenue Department › Section 66-2-3.1 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1995, ch. 31, § 7 repealed 66-2-3.1 NMSA 1978, as enacted by Laws 1991, ch. 160, § 6, relating to issuance of administrative regulations, rulings, instructions and orders by the secretary, effective July 1, 1995. For provisions of former section,
see
the 1994 NMSA 1978 on
NMOneSource.com.
For present comparable provisions,
see
9-11-6.2 NMSA 1978.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 2 - Motor Vehicle Division of Taxation and Revenue Department › Section 66-2-4 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1991, ch. 160, § 22 repealed 66-2-4 NMSA 1978, as enacted by Laws 1978, ch. 35, § 8, relating to office of division, effective July 1, 1991. For provisions of former section,
see
the 1990 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 2 - Motor Vehicle Division of Taxation and Revenue Department › Section 66-2-5 - Director to prescribe forms.

A. The director shall prescribe and provide suitable forms of applications, certificates of title, evidences of registration, driver's licenses and all other forms requisite or deemed necessary to carry out the provisions of the Motor Vehicle Code and any other laws, the enforcement and administration of which are vested in the division.
B. The director shall make available to the public electronic versions of all forms requisite or deemed necessary to carry out the provisions of the Motor Vehicle Code and any other laws, the enforcement and administration of which are vested in the division.
History:
1953 Comp., § 64-2-5, enacted by Laws 1978, ch. 35, § 9; 2018, ch. 75, § 2.
ANNOTATIONS
The 2018 amendment,
effective January 1, 2019, required the secretary of taxation and revenue to make available to the public electronic versions of all forms requisite or deemed necessary to carry out the provisions of the Motor Vehicle Code; added new subsection designation "A."; and added Subsection B.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 2 - Motor Vehicle Division of Taxation and Revenue Department › Section 66-2-6 - Authority to administer oaths.

Officers and employees of the department designated by the secretary or secretary's delegate are, for the purpose of administering the motor vehicle laws, authorized to administer oaths and acknowledge signatures.
History:
1953 Comp., § 64-2-6, enacted by Laws 1978, ch. 35, § 10; 1999, ch. 49, § 1.
ANNOTATIONS
The 1999 amendment,
effective July 1, 1999, deleted "and certify copies of records" from the catchline, deleted the Subsection A designation, substituted "department" for "division" and "secretary or secretary's delegate" for "director", and deleted Subsection B, which read, "The director and such officers of the division as he may designate are authorized to prepare under the seal of the division, and deliver upon request, a certified copy of any record of the division, charging a fee for each document so authenticated, and every such certified copy shall be admissible in any proceeding in any court in like manner as the original thereof".
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 2 - Motor Vehicle Division of Taxation and Revenue Department › Section 66-2-7.2 - Royalties; commercial users of motor vehicle-related databases; distribution to motor vehicle suspense fund.

The department shall remit royalties and other consideration paid by commercial users of databases of motor vehicle-related records of the department pursuant to Subsection C of Section 14-3-15.1 NMSA 1978 to the motor vehicle suspense fund to be distributed in accordance with Section 66-6-23 NMSA 1978 and Subsection F of Section 66-6-13 NMSA 1978. Royalties and other consideration paid to the department pursuant to this section are appropriated to the department for expenditure in fiscal year 2010 and subsequent fiscal years pursuant to this section. Unexpended and unencumbered balances of the amounts received pursuant to Subsection C of Section 14-3-15.1 NMSA 1978 shall not revert to the general fund at the end of any fiscal year.
History:
Laws 2005, ch. 20, § 2; 2009, ch. 156, § 1.
ANNOTATIONS
Cross references.
— For the motor vehicle suspense fund,
see
66-6-22.1 NMSA 1978.
The 2009 amendment,
effective July 1, 2009, after "Section 66-6-23 NMSA 1978", added the remainder to the sentence, and added the second and third sentences.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 2 - Motor Vehicle Division of Taxation and Revenue Department › Section 66-2-8 - Authority to grant or refuse applications.

The division shall examine and determine the genuineness, regularity and legality of every application for registration of a vehicle, for a certificate of title therefor and for a driver's license, and of any other application lawfully made to the division. The division in all cases may make investigation as may be deemed necessary, may require additional information and shall reject any such application if not satisifed [satisfied] of the genuineness, regularity or legality thereof, or the truth of any statement contained therein, or for any other reason, when authorized by law.
History:
1953 Comp., § 64-2-8, enacted by Laws 1978, ch. 35, § 12.
ANNOTATIONS
Bracketed material.
— The bracketed material in this section was inserted by the compiler and it is not part of the law.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 2 - Motor Vehicle Division of Taxation and Revenue Department › Section 66-2-9 - Seizure of documents and plates.

A. The division may take possession of any documents issued by it, including but not limited to any certificate of title, evidence of registration, permit, license or registration plate, upon expiration, revocation, cancellation or suspension thereof or that is fictitious or that has been unlawfully or erroneously issued.
B. If the division determines that any documents purporting to be of a type described in Subsection A of this section are fictitious, the division shall turn them over to the proper law enforcement agency for use in prosecution.
C. The division may retrieve a registration plate from a motor carrier that is prohibited from operating a motor vehicle by order of a state or federal agency.
History:
1953 Comp., § 64-2-9, enacted by Laws 1978, ch. 35, § 13; 1989, ch. 318, § 2; 2004, ch. 59, § 4.
ANNOTATIONS
The 2004 amendment,
effective March 4, 2004, added Subsection C and made other grammar amendments.
The 1989 amendment,
effective July 1, 1989, designated the formerly undesignated provisions as Subsection A, inserting therein "documents issued by it including but not limited to any" and deleting "issued by it" following "plate", and added Subsection B.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 2 - Motor Vehicle Division of Taxation and Revenue Department › Section 66-2-10 - Division may summon witnesses and take testimony.

A. The director and officers of the division designated by him shall have authority to summon witnesses to give testimony under oath or to give written deposition upon any matter under the jurisdiction of the division. Such summons may require the production of relevant books, papers or records.
B. Every such summons shall be served at least five days before the return date, either by personal service made by any person over eighteen years of age or by registered mail, but return acknowledgement is required to prove such letter service. Failure to obey such a summons so served shall constitute a misdemeanor. The fees for the attendance and travel of witnesses shall be the same as for witnesses before the district court.
C. The district court shall have jurisdiction, upon application by the director, to enforce all lawful orders of the director under this section.
History:
1953 Comp., § 64-2-10, enacted by Laws 1978, ch. 35, § 14.
ANNOTATIONS
Cross references.
— For penalty for a misdemeanor violation of the Motor Vehicle Code,
see
66-8-7 NMSA 1978.
For the sentencing authority with respect to misdemeanors generally,
see
31-19-1 NMSA 1978.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 2 - Motor Vehicle Division of Taxation and Revenue Department › Section 66-2-11 - Giving of notice.

Whenever the department or the administrative hearings office is authorized or required to give any notice under the Motor Vehicle Code or any other law regulating the operation of vehicles, unless a different method of giving notice is otherwise expressly prescribed, notice shall be given either by personal delivery to the person to be notified or by deposit in the United States mail of the notice in an envelope with postage prepaid, addressed to the person at the person's address as shown by the records of the department. The giving of notice by mail is complete upon the expiration of seven days after deposit of the notice. Proof of the giving of notice in either manner may be made by the certificate of any officer or employee of the department or affidavit of any person over eighteen years of age, naming the person to whom the notice was given and specifying the time, place and manner of the giving of the notice. Notice is given when a person refuses to accept notice.
History:
1953 Comp., § 64-2-11, enacted by Laws 1978, ch. 35, § 15; 1995, ch. 135, § 5; 2015, ch. 73, § 27.
ANNOTATIONS
The 2015 amendment,
effective July 1, 2015, provided the procedures for giving notice when the administrative hearings office is required to give notice under the Motor Vehicle Code; and after "department", added "or the administrative hearings office", and after "addressed to the person at", deleted "his" and added "the person's".
The 1995 amendment,
effective June 16, 1995, added the last sentence, substituted "department" for "division", and made numerous stylistic changes throughout the section.
This section specifies the minimal due process notice
which is required before the state may revoke a driver's license in an administrative proceeding.
State v. Herrera
, 1991-NMCA-005, 111 N.M. 560, 807 P.2d 744, cert. denied, 111 N.M. 529, 807 P.2d 227.
Evidentiary effect of proof of mailing.
— This section should not be read as creating a presumption of notice to a licensee merely upon proof of mailing, without more.
City of Albuquerque v. Juarez
, 1979-NMCA-084, 93 N.M. 188, 598 P.2d 650,
overruled on other grounds by
State v. Herrera
, 1991-NMCA-005, 111 N.M. 560, 807 P.2d 744, cert. denied, 111 N.M. 529, 807 P.2d 227.
Sufficiency of evidence of notice.
— Record supported a finding that defendant was aware that he was driving with a revoked license, where two separate notices of revocation were sent by certified mail to his home address after defendant received separate convictions of driving while under the influence of alcohol, and both notices were unreturned.
State v. Herrera
, 1991-NMCA-005, 111 N.M. 560, 807 P.2d 744, cert. denied, 111 N.M. 529, 807 P.2d 227.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 2 - Motor Vehicle Division of Taxation and Revenue Department › Section 66-2-13 - Legal services rendered director.

It is the duty of the attorney general to render to the director such legal services as he requires in the discharge of his duties under the Motor Vehicle Code [66-1-1 NMSA 1978].
History:
1953 Comp., § 64-2-13, enacted by Laws 1978, ch. 35, § 17.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 2 - Motor Vehicle Division of Taxation and Revenue Department › Section 66-2-15 - Agents or department employees to remit money received; bonds for agents or department employees.

Agents or department employees shall remit all money received by them in the carrying out of the duty imposed upon them by the Motor Vehicle Code [66-1-1 NMSA 1978], including administrative fees. The agents' reports are subject to audit and acceptance by the department. Before undertaking a duty on behalf of the director, the agents shall execute a surety bond, in an amount required by the director and in the form required of public officials by law. The department shall designate those employees required to be covered by a bond.
History:
1953 Comp., § 64-2-15, enacted by Laws 1978, ch. 35, § 19; 1990, ch. 120, § 22; 2007, ch. 319, § 11.
ANNOTATIONS
Compiler's notes.
— Section 10-2-15 NMSA 1978 prohibits state agencies from purchasing any employee surety bond except pursuant to the Surety Bond Act, 10-2-13 NMSA 1978.
The 2007 amendment,
effective June 15, 2007, changed "agents' administrative fees" to "administrative fees".
The 1990 amendment,
effective July 1, 1990, substituted "department employees" for "assigned division employees" in two places in the catchline and in one place in the first sentence, deleted "designated by the director to act for him" following "employees" and substituted "the Motor Vehicle Code" for "their appointment or assignment to the director" in the first sentence, deleted the former second sentence which read "Notwithstanding the provisions of Section 64-6-23 NMSA 1953, the agents' administrative service fees, after audit and acceptance of the agents' reports by the director, shall be remitted to the agents", added the present second sentence, substituted "requires" for "shall require" in the third sentence, and, in the last sentence, substituted "department" for "director" in two places and "such employees" for "all assigned employees".
All fees must be remitted to director.
— Plan to have agent receive fees while working in a regular office violated Section 64-2-18, 1953 Comp. (similar to this Section 66-2-14 NMSA 1978), and also Section 64-2-19, 1953 Comp. (similar to this section), where the money was remitted to the division and not to the commissioner (now secretary). 1967 Op. Att'y Gen. No. 67-98.
Existing bonds met former provision's requirements.
— Presently existing bonds of city officials of a city designated distributor of license plates are sufficient to meet the requirements of Laws 1959, ch. 6, § 2 (Section 64-2-19, 1953 Comp., similar to this section), if these bonds are approved by the commissioner (now secretary) as to amount and are amended to provide for these officials' added responsibility. 1959 Op. Att'y Gen. No. 59-84.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 2 - Motor Vehicle Division of Taxation and Revenue Department › Section 66-2-16.1 - Veterans' enterprise fund option.

The vehicle registration form in use as of January 1, 2013 shall include a check-off option for a driver who wishes to contribute to the veterans' enterprise fund for a one-dollar ($1.00) or a five-dollar ($5.00) fee in addition to the registration fees required by the division. All fees collected from the check-off option shall be paid to the state treasurer to the credit of the veterans' enterprise fund within two months of receipt.
History:
Laws 2012, ch. 8, § 1.
ANNOTATIONS
Effective dates.
— Laws 2012, ch. 8, § 2 made Laws 2012, ch. 8, § 1 effective January 1, 2013.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 2 - Motor Vehicle Division of Taxation and Revenue Department › Section 66-2-17 - Administrative hearing; procedure.

A. Unless a more specific provision for review exists, any person may dispute the denial of, or failure to either allow or deny, any license, permit, placard or registration provided for under the Motor Vehicle Code by filing with the secretary a written protest against the action or inaction by the department. Every protest shall identify the person and the action or inaction that is in dispute, the grounds for the protest and the affirmative relief requested. The statement of grounds for protest shall specify individual grounds upon which the protest is based and a summary statement of the evidence expected to be produced supporting each ground asserted, if any; provided that the person may supplement the statement at any time prior to a hearing conducted on the protest pursuant to the provisions of the Administrative Hearings Office Act [Chapter 7, Article 1B NMSA 1978]. The secretary may, in appropriate cases, provide for an informal conference before the administrative hearings office sets a hearing of the protest.
B. Any protest by a person shall be filed within thirty days of the date of the mailing or verbal notification of the action proposed to be taken by the department. If a protest is not filed within the time required for filing a protest, the secretary may proceed with the action proposed by the department.
History:
Laws 1995, ch. 129, § 3; 2015, ch. 73, § 28.
ANNOTATIONS
Cross references.
— For Rules of Civil Procedure for the District Courts,
see
Rule 1-001 NMRA.
For procedures governing administrative appeals to the district court,
see
Rule 1-074 NMRA.
For scope of review of the district court,
see
Zamora v. Village of Ruidoso Downs, 120 N.M. 778, 907 P.2d 182 (1995).
The 2015 amendment,
effective July 1, 2015, provided that administrative hearings shall be conducted pursuant to the Administrative Hearings Office Act; in the catchline, after "procedure", deleted "appeals from secretary's decision and order; exhaustion of administrative remedies"; in Subsection A, after "action or inaction", deleted "taken", after "any time prior to", deleted "any" and added "a", after "conducted on the protest", deleted "under Subsection D of this section" and added "pursuant to the provisions of the Administrative Hearings Office Act", and after "conference before", deleted "setting" and added "the administrative hearings office sets"; in Subsection B, after "proceed with the action", deleted "or inaction"; and deleted Subsections C through J.
Jurisdiction of proceeding for restoration of driving privileges.
— Because plaintiffs had never applied for, much less been denied, a driver's license after expiration of the one-year revocation period, they failed to take the mandated administrative steps necessary to vest jurisdiction in the district court of their action seeking restoration of their driving privileges.
Alvarez v. State Taxation and Revenue Dep't
, 1999-NMCA-006, 126 N.M. 490, 971 P.2d 1280.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 2 - Motor Vehicle Division of Taxation and Revenue Department › Section 66-2-18 - Nontraditional communication or disability registry; inclusion in vehicle record system and national crime information center system. (Effective July 1, 2024.)

A. The department shall create and maintain a statewide registry referred to as the "nontraditional communication or disability registry" to identify motor vehicles that may be driven or occupied by a person who has a medical diagnosis by a licensed health practitioner of a condition or disability that may cause the person to fail to be able to communicate with a peace officer or to respond appropriately to a peace officer's commands, including an autism spectrum disorder, deafness, a brain injury, an intellectual disability, a behavioral health disorder, dementia or a seizure disorder. The registry shall cite all of the conditions and disabilities associated with the drivers and occupants of a particular motor vehicle. The department shall provide online internet access to the registry to peace officers. The registry shall not be made available to the public and is exempt from disclosure pursuant to the Inspection of Public Records Act [Chapter 14, Article 3 NMSA 1978].
B. The department shall include in its electronic motor vehicle record management system a data field indicating that a motor vehicle is in the nontraditional communication or disability registry and a link to the registry. The department shall share this data with the department of public safety, which shall include it in the national crime information center system for peace officers to view when enforcing the law.
History:
Laws 2023, ch. 136, § 1.
ANNOTATIONS
Effective dates.
— Laws 2023, ch. 136, § 4 made Laws 2023, ch. 136, § 1 effective July 1, 2024.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 3 - Registration Laws; Security Interests; Anti-Theft Provisions; Bicycles; Equipment; Unsafe Vehicles; Off-Highway Motor Vehicles; Other Vehicles › Part 1 - REGISTRATION, CERTIFICATES OF TITLE AND REGISTRATION PLATES GENERALLY › Section 66-3-1.2 - Registration; declared gross weight.

Except as otherwise provided by law, the division shall register each truck, truck tractor, road tractor and bus required to be registered under the international registration plan or reciprocal agreements with other jurisdictions for a declared gross weight not to exceed the legal limitation established by this state.
History:
1953 Comp., § 64-34-28, enacted by Laws 1972, ch. 7, § 50; § 1977, ch. 250, § 131; 1978 Comp., § 65-1-37, recompiled as 1978 Comp., § 66-3-1.2 by Laws 1998 (1st S.S.), ch. 10, § 10; 2015, ch. 9, § 3.
ANNOTATIONS
Recompilations.
— Laws 1998 (1st S.S.), ch. 10, § 10, recompiled former 65-1-37 NMSA 1978, relating to proportional registration or reciprocal agreements with other jurisdictions for a declared gross weight, as 66-3-1.2 NMSA 1978, effective July 1, 1998.
The 2015 amendment,
effective July 1, 2015, provided for vehicle registrations under the international registration plan for a declared gross weight and removed proportional registration for a declared gross weight; after "registered under the", deleted "proportional registration" and added "international registration plan".
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 3 - Registration Laws; Security Interests; Anti-Theft Provisions; Bicycles; Equipment; Unsafe Vehicles; Off-Highway Motor Vehicles; Other Vehicles › Part 1 - REGISTRATION, CERTIFICATES OF TITLE AND REGISTRATION PLATES GENERALLY › Section 66-3-1.4 - Motorcycle endorsement not required for autocycle operation.

Autocycles shall be registered as motorcycles and proof of financial responsibility may characterize them as motorcycles, but a driver shall not be required to have a motorcycle endorsement to operate an autocycle.
History:
Laws 2015, ch. 53, § 1.
ANNOTATIONS
Effective dates.
— Laws 2015, ch. 53 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 19, 2015, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 3 - Registration Laws; Security Interests; Anti-Theft Provisions; Bicycles; Equipment; Unsafe Vehicles; Off-Highway Motor Vehicles; Other Vehicles › Part 1 - REGISTRATION, CERTIFICATES OF TITLE AND REGISTRATION PLATES GENERALLY › Section 66-3-2 - Registration; trailers, semitrailers, pole trailers and freight trailers.

A. The motor transportation division of the department of public safety and the motor vehicle division of the taxation and revenue department, according to their appropriate jurisdictions, shall grant permanent registration to freight trailers subject to registration and may grant permanent registration to utility trailers not used in commerce whose gross vehicle weight is less than six thousand one pounds upon application and payment of the fee required by Section 66-6-3 NMSA 1978. The registration shall expire, however, upon the transfer of title or interest in the vehicle, at which time the vehicle shall be reregistered.
B. In registering trailers, semitrailers and pole trailers, the motor transportation division and the motor vehicle division may require such information and documents and may make such tests and investigations as they deem necessary and practicable to determine or to verify the empty weights and gross vehicle weights and to ensure that the vehicles may be safely and legally operated upon the highways of this state.
History:
1953 Comp., § 64-3-2, enacted by Laws 1978, ch. 35, § 22; 1999, ch. 227, § 2; 2007, ch. 319, § 14.
ANNOTATIONS
Cross references.
— For penalty for fraudulent applications,
see
66-8-1 NMSA 1978.
The 2007 amendment,
effective June 15, 2007, revised the descriptions of the motor transportation division of the department of public safety and the motor vehicle division of the taxation and revenue department.
The 1999 amendment,
effective July 1, 1999, in Subsection A, inserted "subject to registration and may grant a permanent registration to utility trailers not used in commerce whose gross vehicle weight is less than six thousand one pounds" and substituted "66-6-3 NMSA 1978" for "64-6-3 NMSA 1953 when according to Subsection B of this section registration is required" in the first sentence; deleted former Subsection B and redesignated former Subsection C as Subsection B; in Subsection B, substituted "the divisions" for "the motor vehicle and motor transportation divisions" and made stylistic changes; and in Subsection B(3), substituted "all registration and registration plates in the fleet" for "all registrations in the fleet".
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 3 - Registration Laws; Security Interests; Anti-Theft Provisions; Bicycles; Equipment; Unsafe Vehicles; Off-Highway Motor Vehicles; Other Vehicles › Part 1 - REGISTRATION, CERTIFICATES OF TITLE AND REGISTRATION PLATES GENERALLY › Section 66-3-2.2 - Registration and identification of vehicles registered under the international registration plan; fee; effect of registration.

A. The division shall register the vehicles so described and identified in an application and may issue a registration plate or a distinctive sticker or other suitable identification device for each vehicle described in the application upon payment of the appropriate fees for the application. The registration card shall bear upon its face information required by the division to identify it as a qualified registered vehicle under the international registration plan and other information required by law and regulation and shall be carried in the vehicle at all times.
B. Vehicles so registered and identified shall be deemed to be fully registered in this state for any type of movement or operation, provided that all other state requirements have been met.
History:
1953 Comp., § 64-34-14.2, enacted by Laws 1972, ch. 7, § 34; 1977, ch. 250, § 112; 1988, ch. 24, § 3; 1978 Comp., § 65-1-14, recompiled as 1978 Comp., § 66-3-2.2 by Laws 1998 (1st S.S.), ch. 10, § 10; 2015, ch. 9, § 5.
ANNOTATIONS
Recompilations.
— Laws 1998 (1st S.S.), ch. 10, § 10, recompiled former 65-1-14 NMSA 1978, relating to registration and identification of proportionally registered vehicles, as 66-3-2.2 NMSA 1978, effective July 1, 1998.
The 2015 amendment,
effective July 1, 2015, provided for registration and identification for vehicles registered under the international registration plan; in the catchline, after "identification of", deleted "proportionally registered", and after "vehicles", added "registered under the international registration plan"; in Subsection A, after "identified", added "in an application", after "qualified", deleted "proportionally", and after "vehicle", added "under the international registration plan"; and in Subsection B, deleted "Fleet" preceding "Vehicles".
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 3 - Registration Laws; Security Interests; Anti-Theft Provisions; Bicycles; Equipment; Unsafe Vehicles; Off-Highway Motor Vehicles; Other Vehicles › Part 1 - REGISTRATION, CERTIFICATES OF TITLE AND REGISTRATION PLATES GENERALLY › Section 66-3-2.3 - Full reciprocity registration; jurisdictions.

The right to the privileges and benefits of registration under the international registration plan extended by Sections 66-3-2.1 through 66-3-2.10 NMSA 1978 or by any contract, agreement or declaration made accordingly shall be subject to the condition that each vehicle registered in this state shall also be properly registered in all other jurisdictions during the registration period.
History:
1953 Comp., § 64-34-14.3, enacted by Laws 1972, ch. 7, § 35; 1988, ch. 24, § 4; 1978 Comp., § 65-1-15, recompiled as 1978 Comp., § 66-3-2.3 by Laws 1998 (1st S.S.), ch. 10, § 10; 2015, ch. 9, § 6.
ANNOTATIONS
Recompilations.
— Laws 1998 (1st S.S.), ch. 10, § 10, recompiled former 65-1-15 NMSA 1978, relating to proportional registration in other jurisdictions, as 66-3-2.3 NMSA 1978, effective July 1, 1998.
The 2015 amendment,
effective July 1, 2015, provided for full reciprocity registration in all other jurisdictions when registered under the international registration plan; in the catchline, deleted "Proportional" and added "Full reciprocity"; in the first sentence of the section, after "benefits of", deleted "proportional", after "registration", deleted "of fleet vehicles" and added "under the international registration plan", after "Sections", deleted "65-1-13 through 65-1-23" and added "66-3-2.1 through 66-3-2.10", after "each", deleted "fleet", after "vehicle", deleted "proportionally", after "shall also be", deleted "proportionally or otherwise", after "properly registered in", deleted "at least one" and added "all", after "other", changed "jurisdiction" to "jurisdictions", after "during the", added "registration", and after "period", deleted the remainder of the section.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 3 - Registration Laws; Security Interests; Anti-Theft Provisions; Bicycles; Equipment; Unsafe Vehicles; Off-Highway Motor Vehicles; Other Vehicles › Part 1 - REGISTRATION, CERTIFICATES OF TITLE AND REGISTRATION PLATES GENERALLY › Section 66-3-2.4 - Registration of additional motor vehicles.

Motor vehicles acquired by the owner after the commencement of the registration year shall be proportionally registered by applying the "New Mexico mileage percentage", which is the figure resulting from the division of in-state miles by total fleet miles used in the original application, for all of the fleet vehicles for the registration period to the regular registration fees due with respect to the added motor vehicles for the remainder of the registration year. The registration fee for additional motor vehicles shall be prorated on a quarterly basis.
History:
1953 Comp., § 64-34-14.4, enacted by Laws 1972, ch. 7, § 36; 1978 Comp., § 65-1-16, recompiled as 1978 Comp., § 66-3-2.4 by Laws 1998 (1st S.S.), ch. 10, § 10; 2015, ch. 9, § 7.
ANNOTATIONS
Recompilations.
— Laws 1998 (1st S.S.), ch. 10, § 10, recompiled former 65-1-16 NMSA 1978, relating to registration of additional motor vehicles, as 66-3-2.4 NMSA 1978, effective July 1, 1998.
The 2015 amendment,
effective July 1, 2015, removed the reference to "vehicles subsequently added to a proportionally registered fleet" from those vehicles added and proportionally registered after the commencement of the registration year; after "registration year", deleted "and subsequently added to a proportionally registered fleet".
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 3 - Registration Laws; Security Interests; Anti-Theft Provisions; Bicycles; Equipment; Unsafe Vehicles; Off-Highway Motor Vehicles; Other Vehicles › Part 1 - REGISTRATION, CERTIFICATES OF TITLE AND REGISTRATION PLATES GENERALLY › Section 66-3-2.5 - Withdrawal of fleet motor vehicles; notification; surrender of documents.

If any motor vehicle is withdrawn from a full reciprocity registered fleet during the period for which it is registered in this state, the owner of the fleet shall notify the division on forms it has prescribed. The division shall require the owner to surrender registration cards and other identification devices that have been issued with respect to the motor vehicle.
History:
1953 Comp., § 64-34-14.5, enacted by Laws 1972, ch. 7, § 37; 1977, ch. 250, § 113; 1978 Comp., § 65-1-17, recompiled as 1978 Comp., § 66-3-2.5 by Laws 1998 (1st S.S.), ch. 10, § 10; 2015, ch. 9, § 8.
ANNOTATIONS
Recompilations.
— Laws 1998 (1st S.S.), ch. 10, § 10, recompiled former 65-1-17 NMSA 1978, relating to withdrawal of fleet motor vehicles, notification and surrender of documents, as 66-3-2.5 NMSA 1978, effective July 1, 1998.
The 2015 amendment,
effective July 1, 2015, removed the reference to "proportionally" registered vehicles from those vehicles withdrawn from a registered fleet that are required to surrender registration documents; after "withdrawn from a", deleted "proportionally" and added "full reciprocity", after "surrender", deleted "proportional", after "identification devices", changed "which" to "that", and after "with respect to", deleted "such" and added "the".