reglab/statecodes huggingface dataset:
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 66-3-30 - School bus registration; renewal.

A. A school district, another public entity or a school bus contractor may register a school bus that it owns on a permanent basis, without the requirement of renewal, at the time the school bus is initially registered with the department and issued a certificate of title or subsequent to initial registration at the next registration renewal date. The registrant shall pay the registration fee provided in Section 66-6-12 NMSA 1978. To implement this subsection, the department shall:
(1) promulgate a rule setting out the information and procedures the department may require to permanently register a school bus; and
(2) create a permanent registration validation sticker and permanent registration certificate for school buses registered pursuant to this subsection.
B. If a school district, another public entity or a school bus contractor does not register a school bus that it owns as provided in Subsection A of this section, it may renew the registration of two or more school buses it owns on a common date of its choosing on an annual basis, with the registration of those buses expiring and requiring renewal on that date. The fee for the registration of school buses is provided in Section 66-6-12 NMSA 1978. To implement this subsection the department shall:
(1) promulgate a rule setting out the information and procedures the department may require to achieve the registration renewal of two or more school buses on a common date; and
(2) prorate the fee for registration of school buses as necessary to achieve the common registration renewal date.
C. Nothing in this section shall prevent a school district or a school bus contractor from registering a school bus that it owns pursuant to another applicable provision of law.
History:
Laws 2007, ch. 116, § 1.
ANNOTATIONS
Effective dates.
— Laws 2007, ch. 116, § 3 made this section effective July 1, 2007.
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 2 - TRANSFER OF TITLE OR INTEREST › Section 66-3-101.1 - Terminal rental adjustment clauses; vehicle leases that are not sales nor create security interests.

Notwithstanding any other provision of law, in the case of motor vehicles or trailers that are leased, except for those motor vehicles or trailers leased for personal, family or household purposes, a lease transaction does not create a sale of or security interest in a motor vehicle or trailer, or transfer ownership to the lessee, merely because the lease contains a terminal rental adjustment clause that provides that the rental price is permitted or required to be adjusted up or down in respect to the amount of money realized upon the sale of the motor vehicle or trailer. Nothing in this section exempts a leaseholder of a motor vehicle or trailer from payment of fees or taxes otherwise required pursuant to New Mexico law.
History:
Laws 2013, ch. 52, § 1.
ANNOTATIONS
Emergency clauses.
— Laws 2013, ch. 52, § 2 contained an emergency clause and was approved March 28, 2013.
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 2 - TRANSFER OF TITLE OR INTEREST › Section 66-3-102 - Endorsement of assignment and warranty of title.

The owner shall endorse an assignment and warranty of title upon the certificate of title for such vehicle with a statement of all liens or encumbrances thereto, and he shall deliver the certificate of title to the purchaser or transferee at the time of delivering the vehicle.
History:
1953 Comp., § 64-3-102, enacted by Laws 1978, ch. 35, § 49.
ANNOTATIONS
Lack of verification not fatal to filing of assignment.
— The division should accept for filing and, if otherwise proper, treat as valid an application for registration or assignment of title though they are not acknowledged or verified, as the case may be. 1962 Op. Att'y Gen. No. 62-142.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 7A Am. Jur. 2d Automobiles and Highway Traffic §§ 31, 32.
60 C.J.S. Motor Vehicles § 42.
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 2 - TRANSFER OF TITLE OR INTEREST › Section 66-3-104 - Use of plate and registration number on another vehicle; transfer of registration.

A. When the owner of a registered vehicle assigns title or interest to the vehicle, the registration of that vehicle expires, unless the vehicle is registered for an extended registration period and the owner applies to have the registration number assigned to another vehicle as provided in Subsection B of this section.
B. When the owner of a registered vehicle assigns title or interest to the vehicle, he shall remove and retain the registration plate from the vehicle and, within thirty days of the transfer, either make application to have the registration number assigned to another vehicle of the same class or forward the plate to the department or its authorized agent to be destroyed. The transfer of the registration plate shall be permitted only if the application for transfer is made in the name of the original registered owner unless the owner's name has been changed by marriage, divorce or court order.
C. The registration plate shall not be displayed upon the newly acquired vehicle until the registration of the vehicle has been completed and a new registration certificate issued. However, the temporary retail-sale permit issued for the vehicle by the dealer pursuant to the provisions of Section 66-3-6 NMSA 1978 may be securely attached to the plate to be transferred and displayed in accordance with Subsection A of Section 66-3-18 NMSA 1978.
History:
1953 Comp., § 64-3-104, enacted by Laws 1978, ch. 35, § 51; 1981, ch. 361, § 10; 1995, ch. 44, § 5; 1998, ch. 48, § 5; 2001, ch. 141, § 3.
ANNOTATIONS
Cross references.
— For other provisions dealing with disposition of plates after transfer,
see
66-3-101 NMSA 1978.
The 2001 amendment,
effective June 15, 2001, split the former Subsection A into Subsections A and B; inserted the exception at the end of Subsection A; and renumbered former Subsection B as Subsection C.
The 1998 amendment,
effective July 1, 1998, designated the first paragraph as Subsection A and the second paragraph as Subsection B; in Subsection A, substituted "that" for "the", inserted "and retain" and "within thirty days of the transfer, either shall make application to have the registration number assigned to another vehicle of the same class or", substituted "department" for "division", and deleted "or the owner shall retain the license plate, within the same thirty days, and make application to have the registration number assigned to another vehicle of the same class"; and in Subsection B, inserted the second sentence.
The 1995 amendment,
effective July 1, 1995, substituted "class" for "type" at the end of the second sentence and made minor stylistic changes.
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 2 - TRANSFER OF TITLE OR INTEREST › Section 66-3-105 - Transfer by operation of law.

A. Whenever the title or interest of an owner in or to a registered vehicle shall pass to another by operation of law, as upon inheritance, bequest, order in bankruptcy or insolvency, execution sale, repossession upon default in performance in the terms of a lease or executory sales contract, or otherwise than by voluntary transfer, the transferee shall be subject to the provisions of this section.
B. Notice of transfer by operation of law shall be signed by the executor, administrator, receiver, trustee, sheriff or other representative or successor in interest of the owner of the vehicle. The registration certificate and plate shall be delivered to the registered owner upon such notification or shall be removed by the transferee upon repossession, and submitted to the division for cancellation.
C. The transferee, except as provided in Subsection D of this section, shall secure a transfer of registration to himself and a new certificate of title upon proper application and upon presentation of the last certificate of title, if available, and such instruments or documents of authority, or certified copies thereof, as may be sufficient or required by law to evidence or effect a transfer of title or interest in or to chattels in such case.
D. When the transferee does not operate or permit the operation of such vehicle upon the highways, or when the transferee operates such vehicle only for the purposes of immediate delivery, demonstration or resale to another person, the transferee shall display upon such vehicle a temporary permit issued to such vehicle by the division. The transferee shall not be required to secure a transfer of registration or a new certificate of title, but upon his transfer of title or interest to another person, he shall execute an assignment and warranty of title upon the certificate of title previously issued, if available, and deliver the same, along with the documents of authority or certified copies thereof as may be sufficient or required by law to evidence the rights of such person, to the person to whom such transfer is made.
History:
1953 Comp., § 64-3-105, enacted by Laws 1978, ch. 35, § 52.
ANNOTATIONS
Cross references.
— For temporary permits,
see
66-3-6 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— Gift of motor vehicle as affected by failure to comply with regulatory statute upon sale or transfer of motor vehicle, 100 A.L.R.2d 1219.
Law reviews.
— For article, "Attachment in New Mexico - Part II," see 2 Nat. Resources J. 75 (1962).
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 2 - TRANSFER OF TITLE OR INTEREST › Section 66-3-106 - Owner after transfer not liable for negligent operation.

The owner of a vehicle who has made a bona fide sale or transfer of his title or interest, and who has delivered possession of such vehicle and the certificate of title properly assigned to the purchaser or transferee, shall not be liable for any damages thereafter resulting from negligent operation of such vehicle by another.
History:
1953 Comp., § 64-3-106, enacted by Laws 1978, ch. 35, § 53.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references.
— Presumption and prima facie case as to ownership of vehicle causing highway accident, 27 A.L.R.2d 167.
60 C.J.S. Motor Vehicles § 40.
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 2 - TRANSFER OF TITLE OR INTEREST › Section 66-3-108 - Transfer to dealers.

When the transferee of a vehicle is a dealer who holds the vehicle for resale and does not drive the vehicle or permit it to be driven upon the highways, the dealer shall not be required to obtain transfer of registration of the vehicle or forward the certificate of title to the department. However, the dealer, upon transferring his title or interest to another person, shall execute an assignment and warrant of title upon the certificate of title and deliver the same to the person to whom the transfer is made.
History:
1953 Comp., § 64-3-108, enacted by Laws 1978, ch. 35, § 55; 1998, ch. 48, § 7.
ANNOTATIONS
The 1998 amendment,
effective July 1, 1998, substituted "vehicle" for "same", deleted "operates the same only for purposes incident to a resale or when a dealer" following "and", substituted "department" for "division" and made minor stylistic changes.
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 2 - TRANSFER OF TITLE OR INTEREST › Section 66-3-109 - Dealer's guarantee of title.

A dealer licensed under the Motor Vehicle Code [66-1-1 NMSA 1978] may guarantee the title to a specially constructed or reconstructed vehicle for which no title exists, and may guarantee the title of any vehicle for which the certificate of title cannot be obtained. Such guarantee shall be in the form of an affidavit filed with the division. Upon receipt of such affidavit, together with such other information as the division may require, and upon payment of the proper fees, the division, in its discretion, may issue a certificate of title for the vehicle named in the affidavit.
History:
1953 Comp., § 64-3-109, enacted by Laws 1978, ch. 35, § 56.
ANNOTATIONS
Cross references.
— For the definition of "reconstructed vehicles",
see
66-1-4.15 NMSA 1978.
For the definition of "specially constructed vehicle",
see
66-1-4.16 NMSA 1978.
For resale of salvaged vehicles,
see
66-3-115 NMSA 1978.
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 2 - TRANSFER OF TITLE OR INTEREST › Section 66-3-110 - When division to reregister vehicle and issue new certificate.

A. The division upon receipt of a properly endorsed certificate of title, current registration evidence and proper application for registration or transfer of registration accompanied by the required fee and when satisfied as to the genuineness and regularity of the transfer and of the right of the transferee to a certificate of title shall reregister the vehicle as upon a new registration in the name of the new owner and issue a new certificate of title as upon an original application.
B. If the vehicle is a manufactured home, the division shall require in addition to those conditions set out in Subsection A of this section a certificate from the treasurer or assessor of the county in which the manufactured home is located showing that either:
(1) all property taxes due or to become due on the manufactured home for the current tax year or any past tax years have been paid; or
(2) no liability for property taxes on the manufactured home exists for the current year or any past tax years.
C. The division shall retain and appropriately file every surrendered certificate of title. The file shall be so maintained as to permit the tracing of title of the vehicles designated therein.
History:
1953 Comp., § 64-3-110, enacted by Laws 1978, ch. 35, § 57; 1983, ch. 295, § 28.
ANNOTATIONS
Cross references.
— For definition of "division",
see
66-1-4.4 NMSA 1978.
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 2 - TRANSFER OF TITLE OR INTEREST › Section 66-3-111 - Assignment by person holding lien.

Any person holding a lien or encumbrance upon a vehicle, other than a lien dependent solely upon possession, may assign his title or interest in or to such vehicle to a person other than the owner without the consent of, and without affecting the interest of such owner or the registration of such vehicle, but in such event, he shall give to the owner a written notice of such assignment. The division, upon receiving a certificate of title assigned by the holder of the lien or encumbrance shown thereon and showing the name and address of the assignee, shall issue a new certificate of title as upon an original application.
History:
1953 Comp., § 64-3-111, enacted by Laws 1978, ch. 35, § 58.
ANNOTATIONS
Cross references.
— For definition of "lien or encumbrance",
see
66-1-4.10 NMSA 1978.
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 2 - TRANSFER OF TITLE OR INTEREST › Section 66-3-112 - Release by lienholder to owner.

A person holding a lien or encumbrance as shown upon a certificate of title for a vehicle may release such lien or encumbrance or assign his interest to the owner without affecting the registration of said vehicle. The division, upon receiving a certificate of title upon which a lienholder has released or assigned his interest to the owner, or upon receipt of a certificate of title not so endorsed but accompanied by a legal release from a lienholder of interest in or to a vehicle, shall issue a new certificate of title as upon an original application.
History:
1953 Comp., § 64-3-112, enacted by Laws 1978, ch. 35, § 59.
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 2 - TRANSFER OF TITLE OR INTEREST › Section 66-3-113 - Failure to deliver certificate; penalty.

A. Except as provided in Section 66-3-24B NMSA 1978, it is a misdemeanor for any person to fail or neglect to properly endorse and deliver a certificate of title to a transferee or owner lawfully entitled thereto.
B. Upon conviction of a second such offense, the offender is guilty of a misdemeanor but shall be punished by a fine of not more than one thousand dollars ($1,000) or by imprisonment for not more than three hundred sixty-four days, or both.
History:
1953 Comp., § 64-3-113, enacted by Laws 1978, ch. 35, § 60.
ANNOTATIONS
Cross references.
— For the penalty for a misdemeanor,
see
66-8-7 NMSA 1978.
Noncompliance not failure of title or breach of warranty.
— The fact that the parties failed to comply with the title provisions would not operate to continue the plaintiff's status as a purchaser indefinitely. The title provisions refer to the duties of the dealer and transferee, but noncompliance therewith cannot be considered a failure of title, fraudulent misrepresentation, or breach of warranty as to freedom from liens on a motor vehicle.
Prince v. National Union Fire Ins. Co.
, 1965-NMSC-073,75 N.M. 313, 404 P.2d 137.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 7A Am. Jur. 2d Automobiles and Highway Traffic §§ 44 to 48.
60 C.J.S. Motor Vehicles § 41.
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 2 - TRANSFER OF TITLE OR INTEREST › Section 66-3-114 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1990, ch. 120, § 45 repealed 66-3-114 NMSA 1978, as enacted by Laws 1978, ch. 35, § 61, relating to definitions, effective July 1, 1990. For provisions of former section,
see
the 1989 NMSA 1978 on
NMOneSource.com.
For present comparable provisions,
see
66-1-4.1 to 66-1-4.20 NMSA 1978.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 3 - Registration Laws; Security Interests; Anti-Theft Provisions; Bicycles; Equipment; Unsafe Vehicles; Off-Highway Motor Vehicles; Other Vehicles › Part 2 - TRANSFER OF TITLE OR INTEREST › Section 66-3-115 - Notification forms; copies; resale of salvaged vehicle or motor vehicle.

A. No person licensed under Section 66-4-1 NMSA 1978 shall sell, give away or otherwise dispose of any vehicle or motor vehicle obtained in the course of business unless he has properly filled out a dismantler's notification form and mailed one copy of that form to the division of motor vehicles and one copy of the form to the law enforcement agency designated by the division of motor vehicles for that purpose. If the licensee has a certificate of title for the vehicle or motor vehicle, it must be mailed to the division of motor vehicles together with one copy of the dismantler's notification form.
B. The licensee shall furnish the new purchaser or recipient of any such salvaged vehicle or motor vehicle with a bill of sale and one copy of the dismantler's notification form which shall serve as proof of ownership only for dismantling, transporting or rebuilding purposes.
C. The purchaser of such vehicle or motor vehicle may obtain a new certificate of title authorizing him to use the vehicle or motor vehicle for transportation purposes, provided:
(1) he furnishes the division of motor vehicles with a bill of sale and a copy of the dismantler's notification form for the vehicle or motor vehicle to be retitled;
(2) the vehicle or motor vehicle is in satisfactory repair and is fully roadworthy; and
(3) the vehicle identification number can be verified and corresponds to the vehicle identification number stated on the dismantler's notification form.
D. The division of motor vehicles shall make or cause to be made all necessary inspections and verifications pursuant to this section and, if satisfied that all conditions have been met, shall issue a title. Such title shall indicate the vehicle identification number and the assigned New Mexico numbers, if any.
History:
1953 Comp., § 64-3-115, enacted by Laws 1978, ch. 35, § 62.
ANNOTATIONS
Cross references.
— For dealer's guarantee of title for reconstructed vehicle,
see
66-3-109 NMSA 1978.
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 2 - TRANSFER OF TITLE OR INTEREST › Section 66-3-116 - Title cancellation.

The division of motor vehicles shall, upon receipt of a properly completed dismantler's notification form from a person licensed under Section 66-4-1 NMSA 1978, cancel the title of the vehicle in their records.
History:
1953 Comp., § 64-3-116, enacted by Laws 1978, ch. 35, § 63.
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 2 - TRANSFER OF TITLE OR INTEREST › Section 66-3-117 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1985, ch. 26, § 2 repealed 66-3-117 NMSA 1978, as enacted by Laws 1978, ch. 35, § 64, relating to official printouts on vehicles registered in this state, effective June 14, 1985. For present comparable provisions,
see
66-2-7 NMSA 1978.
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 2 - TRANSFER OF TITLE OR INTEREST › Section 66-3-118 - Manufacturer's certificate of origin; transfer of vehicle not previously registered.

A. Whenever a manufacturer or the agent or distributor of a manufacturer transfers a vehicle, not previously registered, to a dealer in this state, the manufacturer, agent or distributor at the time of transfer of the vehicle shall deliver to the dealer a manufacturer's certificate of origin. The certificate shall be signed by the manufacturer and shall specify that the vehicle described has been transferred to the dealer named and that the transfer is the first transfer of the vehicle in ordinary trade and commerce.
B. The certificate shall contain a description of the vehicle, number of cylinders, type of body, engine number, serial number or other standard identification number provided by the manufacturer of the vehicle and space for proper reassignment to a New Mexico dealer or to a dealer duly licensed or recognized as such in another state, territory or possession of the United States.
C. Any dealer when transferring a vehicle, not previously registered, to another dealer shall, at the time of transfer, give the transferee the proper manufacturer's certificate of origin fully assigned to the transferee.
D. When a vehicle not previously registered is transferred to a dealer who does not hold a franchise granted by the manufacturer of the vehicle to sell that type or model of vehicle, the transferee must obtain a registration of the vehicle and certificate of title but shall not be required to pay the excise tax imposed by Section 7-14-3 NMSA 1978.
History:
1953 Comp., § 64-3-118, enacted by Laws 1978, ch. 35, § 65; 2007, ch. 319, § 26.
ANNOTATIONS
The 2007 amendment,
effective June 15, 2007, added Subsection B and changed the exemption from payment of excise tax from the tax imposed by Section 64-6-27 NMSA 1978 to the tax imposed by Section 7-14-3 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 7A Am. Jur. 2d Automobiles and Highway Traffic § 31.
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 2 - TRANSFER OF TITLE OR INTEREST › Section 66-3-120 - Transportation of certain vehicles; proof of ownership.

A. Any person transporting any crushed or inoperable vehicle or motor vehicle on any public way, street or highway in any manner whatsoever shall have in his possession proof of ownership of such vehicle, or:
(1) an affidavit from the property owner upon whose property the vehicle or motor vehicle was abandoned authorizing the vehicle's removal from the property owner's land; and
(2) a police clearance indicating the vehicle has not been reported stolen.
B. Any person who possesses either a New Mexico dismantler's or wrecker's license, a New Mexico auto dealer's license, a state corporation commission [public regulation commission] license or a vehicle contract or common carrier license issued by the federal interstate commerce commission, shall be exempt from the provisions of this section while transporting vehicles which are not abandoned, provided he prominently displays a dealer's license plate or a dismantler's plate on the vehicle in tow, or has a New Mexico state corporation commission [public regulation commission] vehicle contract or common carrier permit number or a federal interstate commerce commission vehicle contract or common carrier permit number prominently displayed on the towing vehicle.
C. Any person failing to have such documentation in his possession while transporting such a vehicle or motor vehicle is subject to the penalties produced in Section 66-4-9 NMSA 1978 and any vehicle or motor vehicle being transported by such a person shall be subject to immediate confiscation. Said vehicle or motor vehicle shall be towed to an authorized police impound lot until proof of ownership is presented or until the documentation described in this section is provided by either the owner of the vehicle or the person in possession. Failure to provide such documentation within thirty days shall result in the vehicle or motor vehicle being deemed unclaimed and thus subject to claim by the person or firm in possession.
History:
1953 Comp., § 64-3-120, enacted by Laws 1978, ch. 35, § 67.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler. It was not enacted by the legislature and is not part of the law.
Laws 1998, ch. 108, § 80 provided that references to the state corporation commission be construed as references to the public regulation commission.
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 2 - TRANSFER OF TITLE OR INTEREST › Section 66-3-120 - Transportation of certain vehicles; proof of ownership. (Effective July 1, 2024.)

A. A person transporting a crushed or inoperable vehicle or motor vehicle on a public way, street or highway in any manner shall have in the person's possession proof of ownership of the vehicle or:
(1) an affidavit from the property owner upon whose property the vehicle or motor vehicle was abandoned authorizing the vehicle's removal from the property owner's land; and
(2) a police clearance indicating the vehicle or motor vehicle has not been reported stolen.
B. Any person who possesses either a New Mexico dismantler's or wrecker's license, a New Mexico auto dealer's license, a department of transportation license or a vehicle contract or common carrier license issued by the federal interstate commerce commission shall be exempt from the provisions of this section while transporting vehicles that are not abandoned, provided the person prominently displays a dealer's license plate or a dismantler's plate on the vehicle in tow or has a New Mexico department of transportation vehicle contract or common carrier permit number or a federal interstate commerce commission vehicle contract or common carrier permit number prominently displayed on the towing vehicle.
C. Any person failing to have such documentation in the person's possession while transporting such a vehicle or motor vehicle is subject to the penalties produced in Section 66-4-9 NMSA 1978, and any vehicle or motor vehicle being transported by the person is subject to immediate confiscation. The vehicle or motor vehicle shall be towed to an authorized police impound lot until proof of ownership is presented or until the documentation described in this section is provided by either the owner of the vehicle or the person in possession. Failure to provide documentation within thirty days shall result in the vehicle or motor vehicle being deemed unclaimed and thus subject to claim by the person or firm in possession.
History:
1953 Comp., § 64-3-120, enacted by Laws 1978, ch. 35, § 67; 2023, ch. 100, § 76.
ANNOTATIONS
The 2023 amendment,
effective July 1, 2024, removed references to the state corporation commission due to the transfer of certain powers and duties to the department of transportation; changed each occurrence of "state corporation commission" to "department of transportation" throughout the section; and in Subsection C, after "Section", changed "64-4-9 NMSA" to "66-4-9 NMSA 1978".
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 2 - TRANSFER OF TITLE OR INTEREST › Section 66-3-121 - Disposal of abandoned vehicle or motor vehicle.

A. Any person upon whose property or in whose possession is found an abandoned vehicle or motor vehicle shall have authority to sell, retain, give away or dispose of the abandoned vehicle or motor vehicle to any person licensed under Sections 66-4-1 through 66-4-9 NMSA 1978 provided that he notifies a law enforcement agency prior to the disposal and obtains from that agency a written clearance stating that neither the agency's records nor the computerized records of the national crime information center indicate that the abandoned vehicle or motor vehicle has been reported as stolen and either:
(1) the vehicle or motor vehicle in question regardless of its age is either totally wrecked or in such a state of disrepair that it is suitable only for dismantling purposes;
(2) the vehicle or motor vehicle in question is at least eight years of age or older; or
(3) the vehicle or motor vehicle in question has been placed in any storage or wrecker yard at the request of a law enforcement agency or a property owner upon whose property the vehicle or motor vehicle was abandoned and has remained unclaimed in that yard for a period of thirty days, in which case the owner of the storage yard may proceed to make a claim against the motor vehicle or vehicle, as specified in Subsection C of Section 66-3-119 NMSA 1978 as though it were abandoned. Any person wishing to obtain the vehicle may not charge more than fifty cents ($.50) per day for storage unless he is licensed as a vehicle storage yard, and he must notify owners and lienholders within thirty days or lose all rights to claim the vehicle.
B. In the case of any vehicle or motor vehicle which is less than eight years of age or in such a state of repair that it will be placed back into service or which is not to be used for dismantling purposes or which a property owner wishes to retain for his own use or to sell to anyone other than a licensed dismantler, the person shall proceed to make claim for the vehicle or motor vehicle through a lien process and obtain a new certificate of title prior to disposal.
History:
1953 Comp., § 64-3-121, enacted by Laws 1978, ch. 35, § 68; 1989, ch. 318, § 9.
ANNOTATIONS
Cross references.
— For the penalty for violation of this section,
see
66-4-9 NMSA 1978.
The 1989 amendment,
effective July 1, 1989, substituted "66-4-1 through 66-4-9 NMSA 1978" for "64-4-1 through 64-4-9 NMSA 1953" in the introductory paragraph of Subsection A, in Subsection A(3) inserted "or motor vehicle" near the beginning of the first sentence, and substituted "66-3-119 NMSA 1978" for "64-3-119 NMSA 1953" near the end of that sentence; inserted "or motor vehicle" near the beginning of Subsection B; and made minor stylistic changes throughout 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 2 - TRANSFER OF TITLE OR INTEREST › Section 66-3-122 - Registration effective after death of owner.

Upon the death of an owner of a vehicle subject to registration, its registration shall continue in force as a valid registration until the end of the registration period for which the license plate or sticker was issued, or until the ownership of the vehicle is transferred before the end of such registration period by the executor or administrator of the estate of the deceased owner or by a legatee or distributee of the estate, or until the ownership thereof is transferred to a new owner before the end of such registration period by the survivor of two joint owners thereof.
History:
1953 Comp., § 64-3-122, enacted by Laws 1978, ch. 35, § 69.
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 2 - TRANSFER OF TITLE OR INTEREST › Section 66-3-124 - Department to provide forms.

In addition to any requirements pursuant to Section 1 [66-4-10 NMSA 1978] of this 2018 act, the department shall issue a dismantler's notification form to be used by any persons licensed under the provisions of Section 66-4-1 NMSA 1978 for all vehicles purchased to be dismantled, crushed or otherwise destroyed. The form shall require such information as is determined by the department to be necessary.
History:
1953 Comp., § 64-3-124, enacted by Laws 1978, ch. 35, § 71; 1991, ch. 160, § 9; 2018, ch. 75, § 5.
ANNOTATIONS
Cross references.
— For the penalty for violation of this section,
see
66-4-9 NMSA 1978.
The 2018 amendment,
effective January 1, 2019, clarified that the provisions of this section are in addition to provisions in the Motor Vehicle Code that require auto recyclers to electronically notify the department of all motor vehicle purchases and to verify with the department if the motor vehicle has been reported stolen by checking the electronic system established and maintained by the department; and added "In addition to any requirements pursuant to Section 1 of this 2018 act".
The 1991 amendment,
effective July 1, 1991, substituted "Department to provide" for "Division of motor vehicles" in the catchline; in the first sentence, substituted "department" for "division", deleted "quadruplicate" preceding "dismantler's", substituted "66-4-1 NMSA 1978" for "64-4-1 NMSA 1953" and deleted "or motor vehicles" following "vehicles" and, in the second sentence, substituted "department to be necessary" for "motor vehicle division and set out in its regulations".
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 2 - TRANSFER OF TITLE OR INTEREST › Section 66-3-125 - Restrictions upon licensees.

In addition to any requirements pursuant to Section 1 [66-4-10 NMSA 1978] of this 2018 act, a person licensed under the provisions of Sections 66-4-1 through 66-4-7 and 66-4-9 NMSA 1978 may, no earlier than thirty days after sending the dismantler's notification form as required by Section 66-3-123 NMSA 1978, proceed with the business of shredding, compacting, crushing or otherwise disposing of a vehicle purchased in accordance with the provisions of Sections 66-4-1 through 66-4-7 and 66-4-9 NMSA 1978; provided, however, dismantling of the vehicle may proceed immediately upon the sending of the dismantler's notification form.
History:
1953 Comp., § 64-3-125, enacted by Laws 1978, ch. 35, § 72; 1989, ch. 318, § 10; 2018, ch. 75, § 6.
ANNOTATIONS
Cross references.
— For the penalty for violation of this section,
see
66-4-9 NMSA 1978.
The 2018 amendment,
effective January 1, 2019, clarified that the provisions of this section are in addition to provisions in the Motor Vehicle Code that require auto recyclers to electronically notify the department of all motor vehicle purchases and to verify with the department if the motor vehicle has been reported stolen by checking the electronic system established and maintained by the department, clarified certain statutory references, and made technical changes; and added "In addition to any requirements pursuant to Section 1 of this 2018 act", and after each occurrence of "66-4-1 through", added "66-4-7 and", and deleted "or motor vehicle" throughout the section.
The 1989 amendment,
effective July 1, 1989, twice substituted "66-4-1 through 66-4-9 NMSA 1978" for "64-4-1 through 64-4-9 NMSA 1953", substituted "thirty days" for "five days" near the beginning of the section, substituted "66-3-123 NMSA 1978" for "64-3-123 NMSA 1953" near the middle of the section, and inserted "or motor vehicle" near the end 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 2 - TRANSFER OF TITLE OR INTEREST › Section 66-3-126 - Casual sales; registration; penalty.

A. Unless a person is a motor vehicle dealer or the holder of a security interest filed pursuant to Section 66-3-201 NMSA 1978, before the person attempts to sell a used motor vehicle, the person shall legally possess the title to the used motor vehicle.
B. Any person who violates any provision of this section is guilty of a misdemeanor and shall be punished by a fine of three hundred dollars ($300) or by imprisonment for not less than thirty days or both.
History:
Laws 1987, ch. 250, § 2; 2023, ch. 137, § 1.
ANNOTATIONS
The 2023 amendment,
effective July 1, 2023, removed a provision related to where an owner of a motor vehicle, not a dealer, may sell the vehicle, and provided that a person attempting to sell a used motor vehicle must legally possess the title to the used motor vehicle unless the person attempting to sell the motor vehicle is a dealer; in the section heading, deleted "place of sale; advertising" and added "registration"; and deleted former Subsection A and added a new Subsection A.
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 2 - TRANSFER OF TITLE OR INTEREST › Section 66-3-127 - Warning of violation; removal of vehicle.

A. A law enforcement officer is authorized to place a warning sticker on any motor vehicle displayed at a location in violation of Section 2 [66-3-126 NMSA 1978] of this act and to provide for removal of the vehicle if it is at the same location twenty-four hours after the warning sticker is placed on the motor vehicle.
B. The warning sticker shall contain the following information:
(1) the date and time the warning sticker was affixed to the motor vehicle;
(2) a statement that pursuant to this violation, if the motor vehicle is not removed within twenty-four hours after the sticker is affixed, the motor vehicle shall be towed away and stored at the owner's expense and if the motor vehicle is moved to another unlawful location, it will be subject to immediate removal without warning; and
(3) the location and telephone number where additional information may be obtained.
C. If a motor vehicle on which a warning sticker has once been issued and affixed is found in another unlawful location, the law enforcement officer may immediately without warning provide that the motor vehicle be towed away and stored at the owner's expense.
D. Within forty-eight hours after a motor vehicle is towed away and stored pursuant to this section, the towing and storage facility so designated by the law enforcement agency shall give written notice by certified mail to the registered owner of the motor vehicle, if known, that the motor vehicle has been towed away and shall give the address of the storage facility where the motor vehicle is stored.
History:
Laws 1987, ch. 250, § 3.
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 3 - SECURITY INTERESTS › Section 66-3-203 - Report of stored, unclaimed and unidentified motor vehicles.

An operator of a place of business for garaging, repairing, parking or storing vehicles for the public, in which a vehicle remains unclaimed for a period of thirty days, shall, within five days after the expiration of that period, report in writing to the New Mexico state police at Santa Fe and the sheriff of the county in which the unit is stored, setting forth the make of car, model-year, [and] engine, serial and vehicle numbers of the vehicle unclaimed. A person who fails to report a vehicle as unclaimed in accord with this subsection forfeits all claims and liens for its parking or storing and is guilty of a misdemeanor punishable by a fine of not more than twenty-five dollars ($25.00).
History:
1953 Comp., § 64-3-203, enacted by Laws 1978, ch. 35, § 75.
ANNOTATIONS
Bracketed material.
— The bracketed material in this section was inserted by the compiler. It was not enacted by the legislature, and it is not part of the law.
Requirement inapplicable to stolen vehicle returned to owner by sheriff.
— The provisions of Section 64-5-3, 1953 Comp. (similar to this section), requiring the owner of an automobile storage business to report unclaimed motor vehicles to the state police and to the sheriff, are not intended to apply to a stolen motor vehicle that has been recovered by the sheriff and towed to owner's place of business at the request of sheriff.
Foundation Reserve Ins. Co. v. Faust
, 1962-NMSC-176, 71 N.M. 271, 377 P.2d 681.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 61A C.J.S. Motor Vehicles § 717.
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 3 - SECURITY INTERESTS › Section 66-3-204 - Property tax liens on manufactured homes; filing; effect.

A. Upon receipt of a notification of unpaid taxes on a manufactured home required by Section 7-38-52 NMSA 1978, the division shall file the notification and indicate on it the date and time of receipt. It shall maintain an index and file of the notifications by vehicle registration number.
B. From the date and time of receipt of a notification, the unpaid taxes, penalty and interest certified by the county treasurer constitute a lien on and a security interest in the manufactured home on behalf of the state until paid. The lien is valid against holders of prior perfected security interests, attaching creditors and subsequent transferees and when perfected by filing in accordance with this section constitutes constructive notice of the lien claimed. When a lien is perfected under this section, the division shall send written notification of the lien to all holders of prior perfected security interests as shown on the vehicle's certificate of title. The notice shall be sent no later than ten days after the filing of the lien.
C. Upon receipt of a certified notice from a county treasurer showing that the taxes, penalty and interest for which a lien is claimed have been paid, the division shall indicate in writing on the filed notification the fact of payment, shall attach the notice of payment to the original notification, shall remove both documents from its lien file to a separate file and shall make a written entry in its index indicating the satisfaction of the lien. At the same time, it shall send written notification to the registered owner of the manufactured home of the action it has taken.
History:
1953 Comp., § 64-3-204, enacted by Laws 1978, ch. 35, § 76; 1983, ch. 295, § 29.
ANNOTATIONS
Cross references.
— For definition of "division",
see
66-1-4.4 NMSA 1978.
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 4 - NONRESIDENT OWNERS OF VEHICLES › Section 66-3-303 - Registration by military personnel.

Officers and enlisted personnel of the United States army, navy, marine corps, coast guard and air force may operate their personal passenger vehicles in this state subject to the provisions of Section 66-3-301 NMSA 1978.
History:
1953 Comp., § 64-3-303, enacted by Laws 1978, ch. 35, § 79.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 7A Am. Jur. 2d Automobiles and Highway Traffic § 84.
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 5 - SPECIAL REGISTRATION PLATES › Section 66-3-401.1 - Use of vehicles with dealer plates by coaches and athletic directors.

A. Pursuant to Section 66-3-401 NMSA 1978, a dealer may register a vehicle in the name of the dealer for the purpose of providing the use of a vehicle from the inventory of the dealer to a full-time coach or athletic director at any state-supported four-year institution of higher education in New Mexico.
B. A vehicle that a dealer elects to register pursuant to Subsection A of this section is not required to be titled pursuant to the provisions of the Motor Vehicle Code [66-1-1 NMSA 1978], but the vehicle must be included in the driver's inventory for Internal Revenue Code of 1986 purposes and transferred to the full-time coach or athletic director under conditions that require the dealer to report the value of the use of the vehicle as income to the full-time coach or athletic director.
C. The number of vehicles registered and used pursuant to the provisions of this section shall be excluded when determining compliance with the maximum number of dealer plates allowed pursuant to Subsection B of Section 66-3-402 NMSA 1978.
History:
1978 Comp., § 66-3-401.1, enacted by Laws 1998, ch. 48, § 9; 1999, ch. 129, § 1; 2007, ch. 319, § 29.
ANNOTATIONS
Cross references.
— For the Internal Revenue Code of 1986,
see
Title 26 of the United States Code.
The 2007 amendment,
effective June 15, 2007, replaced "special dealer plates" with "dealer plates".
The 1999 amendment,
effective April 5, 1999, rewrote the section heading, which formerly read "Operation of Vehicles Under Special Collegiate Registration Plates"; in Subsection A, deleted "In lieu of the use of special dealer plates" from the beginning, deleted "and title" following "may register", and deleted "pursuant to the provisions of Section 66-3-416 NMSA 1978" following "name of the dealer"; in Subsection B, substituted "A vehicle" for "Each vehicle" at the beginning; and added Subsection C.