2023 New Mexico Statutes › Chapter 65 - Motor Carriers › Article 1 - Motor Transportation › Section 65-1-33 - Negotiation of reciprocal agreements; proportional registration rules.

A. The secretary shall enter into agreements with the authorities of other jurisdictions to carry out the policy stated in Section 65-1-32 NMSA 1978. The secretary shall negotiate and perfect such agreements.
B. The secretary may enter into agreements with other jurisdictions on behalf of this state relating to proportional registration under the Motor Transportation Act for the purpose of facilitating the administration of that act, including arrangements or agreements with other jurisdictions for exchange of information for audit and enforcement activities in connection with proportional registration.
C. The director, in accordance with the provisions of Section 65-1-10 NMSA 1978 [repealed], may prescribe rules and regulations necessary to effectuate and administer the proportional registration of vehicles, which registration is subject to the rights, terms and conditions granted or contained in any applicable agreement made under the authority of Subsection B of this section.
D. In the absence of an agreement or arrangement with an other jurisdiction, the director, with the approval of the secretary, may examine the laws and requirements of such jurisdiction and declare the extent and nature of exemptions, benefits and privileges to be extended to vehicles properly registered or licensed in the other jurisdiction or to the owners of the vehicles which, in the judgment of the director, are in the best interest of this state and its citizens, and all of the same shall be determined on the basis and recognition of the benefits which accrue to the economy of this state from the uninterrupted flow of commerce.
E. Reciprocity shall not exist for fleet vehicles between this state and another jurisdiction which has adopted proportional registration for vehicles subject to this section.
History:
1953 Comp., § 64-34-21.3, enacted by Laws 1972, ch. 7, § 48; 1977, ch. 250, § 124; 1989, ch. 319, § 4.
ANNOTATIONS
Repeals and reenactments.
— Laws 1972, ch. 7, § 48, repealed Laws 1947, ch. 56, § 3, compiled as former 64-12-3, 1953 Comp., relating to the negotiation and reciprocal agreements and providing for proportional registration privileges, and enacted a new 65-1-33 NMSA 1978.
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Laws 1995, ch. 31, § 7 repealed 65-1-10 NMSA 1978, effective July 1, 1995. For present comparable provisions,
see
9-11-6.2 NMSA 1978.
The 1989 amendment,
effective July 1, 1989, substituted references to the secretary for references to the reciprocity commission and deleted "motor transportation" preceding "director" throughout the section; in Subsection A, substituted "Section 65-1-32 NMSA 1978" for "Section 64-34-21.2 NMSA 1953"; in Subsection C, inserted "in accordance with the provisions of Section 65-1-10 NMSA 1978"; in Subsection E, substituted "for fleet vehicles" for "for fleets of two or more vehicles" and "subject to this section" for "subject to Sections 64-34-21.1 through 64-34-21.3 NMSA 1953"; and made minor stylistic changes.
Compiler's notes.
— The annotations appearing below are taken from opinions rendered under former law.
Reciprocity statute constitutional.
— That the reciprocity statute in force in the state of New Mexico is constitutional is answered by the following quotation from 11 Am. Jur., § 220, p. 931, which reads as follows: ". . . [I]n most jurisdictions such retaliatory legislation has been sustained and held not to be an improper delegation of legislative authority. Similarly, no invalid delegation is involved in making an exemption on foreign motor vehicles, provided similar exemption is accorded to vehicles by the enacting state in which the foreign-owned vehicles are registered, such exemption to be contingent upon the making of an agreement for such reciprocal exemption between the local secretary of state and the proper officer of the other state . . .." 1961 Op. Att'y Gen. No. 61-76.
Domicile not considered in prorating fleets.
— The question of domicile cannot legally be a consideration in the determination of what fleets should be prorated and what fleets should not be prorated. 1961 Op. Att'y Gen. No. 61-76.
Formula for payment of vehicle registration.
— The practice of the motor vehicle division and the reciprocity commission has been to require payment for registration of vehicles based on the mathematical formula of : in-state miles/total miles x total fleet miles. 1961 Op. Att'y Gen. No. 61-76.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
7A Am. Jur. 2d Automobiles and Highway Traffic § 82; 13 Am. Jur. 2d Carriers § 228.