2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 5 - Licensing of Operators and Chauffeurs; Financial Responsibility; Uninsured Motorists' Insurance; Identification Cards › Part 1 - OPERATORS' AND CHAUFFEURS' LICENSES › Section 66-5-19 - Restricted licenses.

A. The division, upon issuing a license, may, whenever good cause appears, impose restrictions, including the shortening of the licensure period suitable to the licensee's driving ability with respect to the type of or special mechanical control devices required on a motor vehicle that the licensee may operate or such other restrictions applicable to the licensee as the division determines to be appropriate to ensure the safe operation of a motor vehicle by the licensee.
B. At age seventy-nine and thereafter, the applicant shall renew the applicant's license on a yearly basis at no cost to the applicant.
C. The division may either issue a special restricted license or may set forth such restrictions upon the usual license form.
D. The division may issue a restricted license or a restricted provisional license for driving during daylight hours only to some visually impaired persons who fail the usual eyesight test. The division shall evaluate the extent of the visual impairment and the impairment's effect on the driving ability of the applicant and the director may issue a restricted license under the following conditions:
(1) the applicant has no record of moving violations;
(2) the necessity of the license is shown to the satisfaction of the director; and
(3) the applicant satisfies the provisions of Section 66-5-206 NMSA 1978 relating to proof of financial responsibility.
E. The division may seek the advice of experts necessary to advise the division on physical and mental criteria and vision standards relating to the licensing of drivers pursuant to the Motor Vehicle Code.
F. The division, having cause to believe that a licensed driver or applicant may not be physically, visually or mentally qualified to be licensed, may request a written report on a form prescribed by the division from a health care provider of the driver's or applicant's choice for consideration after the licensed driver or applicant has again undergone an on-the-road examination and any physical, visual or mental tests required by the division. These examinations and tests shall not be waived by the division.
G. Reports received by the division for the purpose of assisting the division in determining whether a person is qualified to be licensed are confidential and shall be used only by the division and shall not be divulged to any person or used as evidence in a trial.
H. The division may, upon receiving satisfactory evidence of any violation of the restrictions of the license, suspend the license, but the licensee is entitled to a hearing as upon a suspension under Sections 66-5-1.1 through 66-5-47 NMSA 1978 and as provided in the Administrative Hearings Office Act [7-1B-1 to 7-1B-9 NMSA 1978].
I. It is a misdemeanor for any person to operate a motor vehicle in any manner in violation of the restrictions imposed in a restricted license issued to the person.
History:
1953 Comp., § 64-5-19, enacted by Laws 1978, ch. 35, § 241; 2005, ch. 29, § 2; 2007, ch. 319, § 45; 2015, ch. 73, § 30; 2016, ch. 79, § 5; 2023, ch. 69, § 1.
ANNOTATIONS
Cross references.
— For the penalty for a misdemeanor,
see
66-8-7 NMSA 1978.
The 2023 amendment,
effective June 16, 2023, authorized the motor vehicle division to request reports from health care providers for the purpose of assisting the division in addressing restricted licenses, and removed a reference to a repealed section of law; in Subsection D, in the introductory clause, deleted "health standards advisory board created pursuant to the provisions of Section 66-5-6 NMSA 1978" and added "division", and after "ability of the applicant and", deleted "based on the board's recommendations"; and added new Subsections E through G and redesignated former Subsections E and F as Subsections H and I, respectively.
The 2016 amendment,
effective May 18, 2016, increased the age from seventy-five years to seventy-nine years at which applicants for driver's licenses must renew annually; in Subsection A, after "upon issuing a", deleted "driver's license or a provisional"; and in Subsection B, after "At age", deleted "seventy-five" and added "seventy-nine".
The 2015 amendment,
effective July 1, 2015, entitled a licensee whose license has been suspended the right to a hearing pursuant to the Administrative Hearings Office Act; in Subsection A, after "provisional license,", deleted "has authority" and added "may", and after "good cause appears,", deleted "to"; in Subsection D, after "visual impairment and", deleted "its" and added "the impairment's", and after "based on", deleted "its" and added "the board's"; in Subsection E, after "under Sections", deleted "66-5-1" and added "66-5-1.1", and after "NMSA 1978", added "and as provided in the Administrative Hearings Office Act".
The 2007 amendment,
effective June 15, 2007, changed "handicapped" to "impaired" and "handicap" to "impairment".
The 2005 amendment,
effective June 17, 2005, provided that the motor vehicle division may impose restrictions on a provisional license.
Restricted license may be issued in place of suspended license.
— Under Section 64-13-50, 1953 Comp. (similar to this section), having suspended a license, there is authority to issue a restricted license in its stead, imposing on the licensee such restrictions as determined to be necessary to assure the safe operation of a motor vehicle. 1960 Op. Att'y Gen. No. 60-194.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 7A Am. Jur. 2d Automobiles and Highway Traffic § 100.
Denial, suspension, or cancellation of driver's license because of physical disease or defect, 38 A.L.R.3d 452.
Necessity of notice and hearing before revocation or suspension of motor vehicle driver's license, 60 A.L.R.3d 361.
Sufficiency of notice and hearing before revocation or suspension of motor vehicle driver's license, 60 A.L.R.3d 427.
60 C.J.S. Motor Vehicles § 159.