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Vehicles; Off-Highway Motor Vehicles; Other Vehicles › Part 11 - OFF-HIGHWAY MOTOR VEHICLES › Section 66-3-1016 - Repealed.

History:
1953 Comp., § 64-3-1016, enacted by Laws 1978, ch. 35, § 212; 1985, ch. 189, § 16; repealed by Laws 2009, ch. 53, § 15.
ANNOTATIONS
Repeals.
— Laws 2009, ch. 53, § 15 repealed 66-3-1016 NMSA 1978, as enacted by Laws 1978, ch. 35, § 212, relating to penalties, effective April 1, 2009. For provisions of former section,
see
the 2008 NMSA 1978 on
NMOneSource.com.
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 11 - OFF-HIGHWAY MOTOR VEHICLES › Section 66-3-1017 - Off-highway motor vehicle advisory board created; members; compensation.

A. The "off-highway motor vehicle advisory board" is created to advise the department on matters related to administration of the Off-Highway Motor Vehicle Act. The board shall consist of the following seven members appointed by the governor:
(1) one landowner living near a national forest or bureau of land management property that is used extensively for recreational off-highway vehicle activity;
(2) one producer or one grazing permittee on public lands from the farming or livestock industry;
(3) one person from the off-highway motor vehicle industry;
(4) one off-highway motor vehicle user;
(5) one hunter or angler;
(6) one quiet recreationalist, such as a hiker, backpacker, birdwatcher, equestrian, mountain biker, rock climber or archaeological enthusiast; and
(7) one member with expertise in injury prevention or treatment.
B. The board shall select a chair and a vice chair.
C. The board shall meet at the call of the chair but not less than twice annually.
D. Members shall be appointed to staggered terms of two years each; provided that no more than four terms expire in any one year. The board members shall select by lot four members to serve initial terms of three years each. A vacancy shall be filled by appointment of the governor for the remainder of the unexpired term. Members of the board shall be entitled to reimbursement pursuant to the Per Diem and Mileage Act [10-8-1 to 10-8-8 NMSA 1978].
History:
Laws 2005, ch. 325, § 19; 2009, ch. 53, § 9.
ANNOTATIONS
Compiler's notes.
— Laws 2005, ch. 325, § 19 enacted this section as a new section of the Off-Highway Motor Vehicle Act, § 66-3-1001 NMSA 1978.
The 2009 amendment,
effective April 1, 2009, deleted former Subsection A that created the off-highway motor vehicle safety board; deleted former Subsection B, which provided for the organization of the off-highway motor vehicle safety board; deleted former Subsection C, which provided for calling meetings, a quorum and majority vote of a quorum for approval of board action; deleted former Subsection D, which provided for staggered terms of board members; deleted former Subsection E, which provided for reimbursement of appointed members for attending meetings; and added Subsections, A, B, C and D.
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 11 - OFF-HIGHWAY MOTOR VEHICLES › Section 66-3-1019 - Fund created; disposition.

A. The "trail safety fund" is created in the state treasury. The fund is a nonreverting fund and consists of revenues from off-highway motor vehicle registration and user fees, grants and donations. No more than thirty percent of the fund may be used for administrative overhead, and at least fifty percent shall be devoted to law enforcement and education. Income from investment of the fund shall be credited to the fund. The fund shall be administered by the department, and money in the fund is appropriated to the department to carry out the purposes of the Off-Highway Motor Vehicle Act. Expenditures from the fund shall be by warrant of the secretary of finance and administration upon vouchers signed by the director of the department of game and fish or the director's authorized representative.
B. The department shall make annual distributions from the fund for the following purposes:
(1) administrative;
(2) law enforcement;
(3) education and training;
(4) information system development and management;
(5) resource monitoring and protection and trail building, maintenance and restoration; and
(6) implementation of other provisions of the Off-Highway Motor Vehicle Act.
History:
Laws 2005, ch. 325, § 21; 2009, ch. 53, § 11.
ANNOTATIONS
The 2009 amendment,
effective April 1, 2009, in Subsection A, added "consists of revenues from off-highway motor vehicle registration and user fees, grants and donations", added the third sentence, deleted "secretary of tourism or the secretary's" and added "director of the department of game and fish or the director's"; deleted former Subsection B, which required the tourism department to develop and maintain trails and staging areas, market safety programs and promote safety for off-highway vehicles; and added Subsection B.
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 11 - OFF-HIGHWAY MOTOR VEHICLES › Section 66-3-1021 - Legislative oversight.

In addition to reporting to the legislative finance committee pursuant to the performance review and budgeting process, the department shall report to the appropriate interim committee appointed by the New Mexico legislative council on the status of implementation of the Off-Highway Motor Vehicle Act. The department shall report to the appropriate committee of the legislature on the status of existing and proposed rules and relevant enforcement issues.
History:
Laws 2009, ch. 53, § 13.
ANNOTATIONS
Emergency clauses.
— Laws 2009, ch. 53, § 16 contained an emergency clause and was approved on April 1, 2009.
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 12 - OTHER VEHICLES › Section 66-3-1101 - Mopeds; standards; operator requirements; application of Motor Vehicle Code.

A. Mopeds shall comply with those motor vehicle safety standards deemed necessary and prescribed by the director of motor vehicles.
B. Operators of mopeds shall have in their possession while operating a moped a valid driver's license of any class or permit, issued to them.
C. Except as provided in Subsections A and B of this section, none of the provisions of the Motor Vehicle Code [66-1-1 NMSA 1978] relating to motor vehicles or motorcycles as defined in that code shall apply to a moped.
D. As used in this section, "moped" means a two-wheeled or three-wheeled vehicle with an automatic transmission and a motor having a piston displacement of less than fifty cubic centimeters, which is capable of propelling the vehicle at a maximum speed of not more than thirty miles per hour on level ground at sea level.
History:
1953 Comp., § 64-3-1101, enacted by Laws 1978, ch. 35, § 213; 1981, ch. 361, § 17.
ANNOTATIONS
Moped subject to prohibition against driving while intoxicated.
— A "moped," as defined in Section 66-1-4.11E NMSA 1978 and regulated by this section, is a "vehicle" for the purpose of the prohibition against driving while intoxicated under Section 66-8-102 NMSA 1978.
State v. Saiz
, 2001-NMCA-035, 130 N.M. 333, 24 P.3d 365, cert. denied, 130 N.M. 459, 26 P.3d 103.
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 12 - OTHER VEHICLES › Section 66-3-1102 - Electric personal assistive mobility devices; standards; operator requirements; applicability; penalties.

A. An electric personal assistive mobility device shall be equipped with:
(1) front, rear and side reflectors;
(2) a braking system that enables the operator to bring the device to a controlled stop; and
(3) if operated at any time from one-half hour after sunset to one-half hour before sunrise, a lamp that emits a white light that sufficiently illuminates the area in front of the device.
B. The secretary shall by rule prescribe motor vehicle safety standards applicable to electric personal assistive mobility devices.
C. An operator of an electric personal assistive mobility device traveling on a sidewalk, roadway or bicycle path shall have the rights and duties of a pedestrian and shall exercise due care to avoid colliding with pedestrians. An operator shall yield the right of way to pedestrians.
D. Except as provided in this section, no other provisions of the Motor Vehicle Code [66-1-1 NMSA 1978] shall apply to electric personal assistive mobility devices.
E. An operator who violates a provision of this section shall receive a warning for the first offense. For a second offense, the operator shall be punished by a fine of ten dollars ($10.00). For a third or subsequent offense, in addition to the fine, the electric personal assistive mobility device shall be impounded for up to thirty days.
F. This section does not apply to personal assistive mobility devices used by persons with disabilities.
History:
Laws 2002, ch. 38, § 1; 2007, ch. 319, § 38.
ANNOTATIONS
The 2007 amendment,
effective June 15, 2007, deleted former Subsection A to eliminate the definition of "electric personal assistive mobility device" and relettered Subsections B to F as Subsections A to E.
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 12 - OTHER VEHICLES › Section 66-3-1103 - Neighborhood electric cars.

A. A neighborhood electric car shall be equipped with head lamps, stop lamps, front and rear turn signal lamps, tail lamps, reflex reflectors, a parking brake, at least one interior and one exterior rear view mirror, a windshield, windshield wipers, a speedometer, an odometer, braking for each wheel, seat belts and a vehicle identification number.
B. Except as provided in Subsection C or D of this section, a neighborhood electric car, properly registered pursuant to the provisions of the Motor Vehicle Code [66-1-1 NMSA 1978], in compliance with the Mandatory Financial Responsibility Act [66-5-201 to 66-5-239 NMSA 1978] and driven by an individual with a valid driver's license, may be operated on any street, roadway or highway under the jurisdiction of either the state or a local authority if the posted maximum speed limit is thirty-five miles per hour or less; provided, a neighborhood electric car may cross at an intersection or permitted crossing point at any street, roadway or highway that has a posted maximum speed limit higher than thirty-five miles per hour.
C. A local authority may prohibit the operation of neighborhood electric cars on any road under its jurisdiction if the governing body of the local authority determines that the prohibition is necessary in the interest of safety.
D. The department of transportation may prohibit the operation of neighborhood electric cars on any road under its jurisdiction if it determines that the prohibition is necessary in the interest of safety.
E. Neighborhood electric cars are exempt from the following provisions:
(1) the emblems or flashing lights requirement for slow-moving vehicles in Section 66-3-887 NMSA 1978;
(2) any requirement for vehicle emission inspections adopted by a local authority pursuant to Subsection C of Section 74-2-4 NMSA 1978; and
(3) the minimum motor displacement requirement of Paragraph (2) of Subsection A of Section 66-7-405 NMSA 1978.
History:
Laws 2004, ch. 7, § 1; 2004, ch. 96, § 1; 2007, ch. 319, § 39.
ANNOTATIONS
The 2007 amendment,
effective June 15, 2007, deleted from the definition of a neighborhood electric car the characteristics that it is a four-wheeled electric motor vehicle that has a maximum speed of more that twenty miles per hour, but less than twenty-five miles per hour, and complies with the federal requirement specified in 49 CFR 571.500.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 4 - Licensing of Dealers and Wreckers › Section 66-4-1.1 - Auto recycler license; presumption of conducting business.

A. A person desiring to engage in the business of wrecking or dismantling vehicles for the purpose of reselling parts or scrap material shall apply to the department for an auto recycler license. A person possessing three or more wrecked, dismantled or partially wrecked or dismantled vehicles who regularly sells or offers for sale used vehicle parts or vehicle scrap material within the period of one year shall be presumed to be conducting business as an auto recycler.
B. An auto recycler licensee shall not sell motor vehicles of a type subject to registration pursuant to the Motor Vehicle Code [66-1-1 NMSA 1978].
C. Application for an auto recycler license shall be made upon the form prescribed by the department and shall contain the name and address of the applicant and, when the applicant is a partnership, the name and address of each partner or, when the applicant is a corporation, the names of the principal officers of the corporation and the state in which incorporated and the place where the business is to be conducted and the nature of the business and such other information as may be required by the department. Every application shall be verified by the oath or affirmation of the applicant, if an individual, or, in the event an applicant is a partnership or corporation, by a partner or officer of the partnership or corporation. Every application shall be accompanied by the fee required by law.
D. To ensure that an auto recycler complies with this section, the secretary may apply to a district court of this state to have a person operating without a license as required by this section or operating without the bond required by Section 66-4-7 NMSA 1978 enjoined from engaging in business until that person complies with the requirements of licensing as provided by this section and the bonding requirements of Section 66-4-7 NMSA 1978.
History:
Laws 2005, ch. 324, § 13.
ANNOTATIONS
Effective dates.
— Laws 2005, ch. 324, § 21 made the section effective January 1, 2006.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 4 - Licensing of Dealers and Wreckers › Section 66-4-2.1 - Recreational vehicle dealers; licensure; special events.

A. A dealer, as defined in Section 66-1-4.4 NMSA 1978, shall apply to and be issued by the department a license to deal in recreational vehicles if the department finds the applicant is in compliance with department rules regarding registration of vehicles, certificates of title and all provisions of the Motor Vehicle Code [66-1-1 NMSA 1978]. Renewal of a license shall be according to rules of the department for a period of twelve months.
B. The department shall issue a "special event" license to a licensed New Mexico recreational vehicle dealer to conduct business at a location other than the dealer's listed primary place of business, upon forms issued by the department, provided:
(1) the special event is focused on the business of recreational vehicles as conducted at the applicant's primary place of business;
(2) the location of the special event is an established place of business; and
(3) the majority of recreational vehicle dealers in the county where the special event is to be held are notified, in a manner approved by the department, of the special event and offered the opportunity to participate and offer vehicles for sale under identical conditions established by and for the applicant and approved by the department. The applicant may charge other recreational vehicle dealers a participation fee sufficient to defray the actual expenses of the special event; or
(4) if the special event is sponsored by a national recreational vehicle organization and the applicant is not licensed to do business in New Mexico, the application is accompanied by an application and a certified letter from that New Mexico licensed dealer committing to serve as host dealer to the out-of-state applicant.
History:
Laws 2005, ch. 15, § 2.
ANNOTATIONS
Effective dates.
— Laws 2005, ch 15. contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 17, 2005, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 4 - Licensing of Dealers and Wreckers › Section 66-4-2.2 - Off-site sales.

A. Except as otherwise provided in this section, a New Mexico licensed dealer or the holder of a security interest filed pursuant to Section 66-3-201 NMSA 1978 shall not sell a vehicle or offer a motor vehicle for sale at a location other than the licensed dealer's established place of business, as defined in Section 66-1-4.5 NMSA 1978; provided that for purposes of this subsection, a vehicle shall not be deemed offered for sale at a location other than the licensed dealer's established place of business if the vehicle is in use for a purpose other than to sell or offer the vehicle for sale.
B. A New Mexico licensed dealer, before offering a vehicle or vessel for sale at a temporary off-site location, shall apply to the department for and obtain an off-site permit. No off-site permit shall be issued to a New Mexico licensed dealer, other than a dealer in motorcycles only, for a temporary off-site location unless the dealer:
(1) documents to the satisfaction of the department that the dealer has offered the majority of dealers, other than dealers in motorcycles only, in the county in which the proposed temporary off-site location would be located, the opportunity to offer vehicles or vessels for sale at the proposed temporary off-site location; provided that the offer shall be for sale of vehicles or vessels at all times during which the applicant proposes to sell vehicles or vessels and shall not be conditioned upon the payment of a fee by a dealer to whom the off-site permit is addressed that is greater than a fair share of the actual expenses; and
(2) obtains either an original rider to the dealer's existing corporate surety bond or an original corporate surety bond in compliance with the provisions of Section 66-4-7 NMSA 1978 to cover the proposed temporary off-site location and dates of sale.
C. All temporary off-site locations shall be identified by prominently displayed signs identifying the names of the New Mexico licensed dealers selling vehicles or vessels at the temporary off-site location and shall be of sufficient size or space to permit the safe display of the vehicles or vessels offered for sale.
History:
Laws 2007, ch. 319, § 41; 2023, ch. 137, § 2.
ANNOTATIONS
The 2023 amendment,
effective July 1, 2023, limited the locations where a motor vehicle may be sold or offered for sale; added a new Subsection A and redesignated former Subsections A and B as Subsections B and C, respectively.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 4 - Licensing of Dealers and Wreckers › Section 66-4-4 - Criminal offender's character evaluation.

The provisions of the Criminal Offender Employment Act [28-2-1 to 28-2-6 NMSA 1978] govern any consideration of criminal records required or permitted by Sections 66-4-1 through 66-4-9 NMSA 1978.
History:
1953 Comp., § 64-4-4, enacted by Laws 1978, ch. 35, § 217; 1999, ch. 122, § 4.
ANNOTATIONS
Cross references.
— For penalty for violation of section,
see
66-4-9 NMSA 1978.
The 1999 amendment,
effective July 1, 1999, substituted "66-4-1 through 66-4-9 NMSA 1978" for "64-4-1 through 64-4-9 NMSA 1953".
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 4 - Licensing of Dealers and Wreckers › Section 66-4-6 - Place of business.

A. No license shall be issued to a dealer or auto recycler unless an established place of business as defined in the Motor Vehicle Code [66-1-1 NMSA 1978] is maintained by the dealer or auto recycler. Each license to carry on or conduct the business of a dealer or auto recycler becomes invalid when the licensee fails to maintain an established place of business as defined in the Motor Vehicle Code.
B. No license shall be issued to a title service company unless that company maintains a physical place of business accessible to the public and provides the department with the physical address of that place of business. A place of business shall be open to inspection by a peace officer or the department during reasonable business hours. The license of the title service company may be suspended or canceled if the title service company fails to maintain a place of business accessible to the public or does not allow inspection during reasonable business hours by a peace officer or the department.
History:
1953 Comp., § 64-4-6, enacted by Laws 1978, ch. 35, § 219; 1999, ch. 122, § 6; 2005, ch. 324, § 16.
ANNOTATIONS
Cross references.
— For the definition of "additional place of business",
see
66-1-4.1 NMSA 1978.
For the definition of "established place of business",
see
66-1-4.5 NMSA 1978.
For penalty for violation of section,
see
66-4-9 NMSA 1978.
The 2005 amendment,
effective January 1, 2006, changed "wrecker of vehicles" to "auto recycler".
The 1999 amendment,
effective July 1, 1999, in the section heading, deleted "Established"; in Subsection A, made several stylistic changes; and added Subsection B.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 4 - Licensing of Dealers and Wreckers › Section 66-4-8 - Repealed.

ANNOTATIONS
Repeals.
— Laws 2003, ch. 410, § 9 repealed 66-4-8 NMSA 1978, as enacted by Laws 1978, ch. 35, § 221, relating to exemptions from licensing and bond provisions, effective June 20, 2003. For provisions of former section,
see
the 2002 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 4 - Licensing of Dealers and Wreckers › Section 66-4-9 - Penalty for destroying or dismantling in violation of certain sections of the Motor Vehicle Code.

A. Any person violating any provision of Sections 66-3-119, 66-3-121, 66-3-123 through 66-3-125, 66-4-1 through 66-4-7 and 66-4-9 NMSA 1978 or Section 1 [66-4-10 NMSA 1978] of this 2018 act 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.
B. The penalty upon second conviction of such offense shall be that provided for a fourth degree felony.
History:
1953 Comp., § 64-4-9, enacted by Laws 1978, ch. 35, § 222; 2018, ch. 75, § 7.
ANNOTATIONS
Cross references.
— For the violation of an offense declared a felony in the Motor Vehicle Code,
see
66-8-9 NMSA 1978.
For the penalty provided for a fourth-degree felony,
see
31-18-15 NMSA 1978.
The 2018 amendment,
effective January 1, 2019, revised the applicable statutory references; in the catchline, after "violation of", deleted "the act" and added "certain sections of the Motor Vehicle Code"; and after "NMSA 1978" added "or Section 1 of this 2018 act".
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 66-5-1 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1990, ch. 120, § 45 repealed 66-5-1 NMSA 1978, as enacted by Laws 1978, ch. 35, § 223, relating to definitions of "suspension", "revocation", and "cancellation", 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 5 - Licensing of Operators and Chauffeurs; Financial Responsibility; Uninsured Motorists' Insurance; Identification Cards › Part 1 - OPERATORS' AND CHAUFFEURS' LICENSES › Section 66-5-1.1 - Definition.

As used in Sections 66-5-8 and 66-5-9 NMSA 1978, "traffic violation" means:
A. failure to obey traffic-control devices, as provided in Section 66-7-104 NMSA 1978;
B. failure to obey traffic-control signals, as provided in Section 66-7-105 NMSA 1978;
C. speeding, as provided in Section 66-7-301 NMSA 1978;
D. failure to yield, as provided in Sections 66-7-328 through 66-7-332.1 NMSA 1978;
E. child not in restraint device or seat belt, as provided in Section 66-7-369 NMSA 1978;
F. failure to properly fasten safety belt, as provided in Section 66-7-372 NMSA 1978;
G. homicide by vehicle, as provided in Section 66-8-101 NMSA 1978;
H. injury to pregnant woman by vehicle, as provided in Section 66-8-101.1 NMSA 1978;
I. driving while under the influence of intoxicating liquor or drugs, as provided in Section 66-8-102 NMSA 1978;
J. refusal to submit to chemical tests, as provided in Section 66-8-111 NMSA 1978;
K. reckless driving, as provided in Section 66-8-113 NMSA 1978;
L. careless driving, as provided in Section 66-8-114 NMSA 1978;
M. racing on highways, as provided in Section 66-8-115 NMSA 1978;
N. using a mobile communication device while driving a motor vehicle, unless the driver holds a valid amateur radio operator license issued by the federal communications commission and is operating an amateur radio. As used in this subsection:
(1) "driving" means being in actual physical control of a motor vehicle on a highway or street, except that "driving" does not include being lawfully parked; and
(2) "mobile communication device" means a wireless communication device that is designed to receive and transmit voice, text or image communication; or
O. buying, attempting to buy, receiving, possessing or permitting oneself to be served alcoholic beverages, as provided in Subsection C of Section 60-7B-1 NMSA 1978.
History:
Laws 1999, ch. 175, § 1; 2011, ch. 143, § 1.
ANNOTATIONS
The 2011 amendment,
effective June 17, 2011, added "child not in restraint device or seat belt", "failure to properly fasten safety belt", "using a mobile communication device while driving" and "buying, possessing or being served alcoholic beverages" to the list of traffic violations.
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 66-5-1.2 - Definition; tribe.

As used in Sections 66-5-25, 66-5-26, 66-5-30 and 66-8-102 NMSA 1978, "tribe" means an Indian nation, tribe or pueblo that is located wholly or partially in New Mexico and that has executed an intergovernmental agreement with the state pursuant to Section 66-5-27.1 NMSA 1978.
History:
Laws 2003, ch. 164, § 4.
ANNOTATIONS
Effective dates.
— Laws 2003, ch. 164, § 11 made the section effective July 1, 2003.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 5 - Licensing of Operators and Chauffeurs; Financial Responsibility; Uninsured Motorists' Insurance; Identification Cards › Part 1 - OPERATORS' AND CHAUFFEURS' LICENSES › Section 66-5-2.1 - Consent to registration with the selective service system; applicability.

A. Every male citizen of the state of New Mexico and every other male person residing in the state of New Mexico who, on the day or days fixed for the first or any subsequent Selective Service Act registration, is between the ages of eighteen and twenty-six shall consent to his registration in compliance with the requirements of the federal Military Selective Service Act, 50 U.S.C. App. 453 et seq., when applying to receive or renew a driver's license or identification card.
B. The division shall forward in an electronic format the necessary personal information required for registration of the applicants identified in Subsection A of this section to the selective service system. The applicant's submission of the application shall serve as an indication that the applicant has already registered with the selective service or that he is authorizing the division to forward to the selective service the necessary information for registration. The division shall notify the applicant on the application that his submission of the application will serve as his consent to be registered with the selective service system if he is required to do so by federal law.
C. The provisions of this section shall apply to every male citizen of the state of New Mexico and every other male person residing in the state of New Mexico who, on the day or days fixed for the first or any subsequent Selective Service Act registration, is between the ages of eighteen and twenty-six who are applying for issuance, renewal or duplication of an instruction permit, a driver's license, a provisional driver's license, a commercial driver's license or an identification card on or after the effective date of this act.
D. The provisions of this section shall not be applicable to any alien lawfully admitted to the United States as a nonimmigrant under Section 101(a)(15) of the Immigration and Nationality Act, as amended (66 Stat. 163; 8 U.S.C. 1101), for so long as he continues to maintain a lawful nonimmigrant status in the United States.
History:
Laws 2003, ch. 425, § 1.
ANNOTATIONS
Cross references.
— For the Selective Service Act,
see
50 U.S.C. § 451 et seq.
Effective dates.
— Laws 2003, ch. 425, § 2 made the section effective July 1, 2003.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 5 - Licensing of Operators and Chauffeurs; Financial Responsibility; Uninsured Motorists' Insurance; Identification Cards › Part 1 - OPERATORS' AND CHAUFFEURS' LICENSES › Section 66-5-3 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1993, ch. 68, § 57 repealed 66-5-3 NMSA 1978, as enacted by Laws 1978, ch. 35, § 225 relating to exceptions for motorcycle driver education, effective June 18, 1993. For provisions of former section,
see
the 1992 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 5 - Licensing of Operators and Chauffeurs; Financial Responsibility; Uninsured Motorists' Insurance; Identification Cards › Part 1 - OPERATORS' AND CHAUFFEURS' LICENSES › Section 66-5-6 - Repealed.

History:
1953 Comp., § 64-5-6, enacted by Laws 1978, ch. 35, § 228; 1989, ch. 318, § 15; 1995, ch. 135, § 16; 1995, ch. 136, § 1; 2004, ch. 59, § 10; 1978 Comp., § 66-5-6, repealed by Laws 2023, ch. 69, § 2.
ANNOTATIONS
Repeals.
— Laws 2023, ch. 69, § 2 repealed 66-5-6 NMSA 1978, as enacted by 1978, ch. 35, § 228, relating to health standards advisory board, effective June 16, 2023. For provisions of former section,
see
the 2022 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 5 - Licensing of Operators and Chauffeurs; Financial Responsibility; Uninsured Motorists' Insurance; Identification Cards › Part 1 - OPERATORS' AND CHAUFFEURS' LICENSES › Section 66-5-7 - Driver's license; classification; examinations.

A. The division, upon issuing a driver's license, shall indicate on the license the type or general class of vehicles the licensee may drive. The division shall establish such qualifications, after public hearings, as it deems reasonably necessary for the safe operation of various types, sizes or combinations of vehicles and shall appropriately examine each applicant to determine his qualifications according to the type or general class of license for which he has applied.
B. The division, in issuing the driver's license for certain types or general classes of vehicles, may waive any on-the-road examination for applicants except as provided in Section 66-5-6 NMSA 1978 [repealed]. The division may certify certain employers, governmental agencies or other appropriate organizations to train and test all applicants for the type or general class of licenses if the training and testing meet the standards established by the director.
History:
1953 Comp., § 64-5-7, enacted by Laws 1978, ch. 35, § 229; 1995, ch. 136, § 2.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law. Laws 2023, ch. 69, § 2 repealed 66-5-6 NMSA 1978, effective June 16, 2023.
The 1995 amendment,
effective June 16, 1995, substituted "on the license" for "thereon" in the first sentence in Subsection A; in Subsection B, added at the end of the first sentence "except as provided in Section 66-5-6 NMSA 1978", deleted "of the division" at the end of the subsection, and made minor stylistic changes throughout the subsection.
When chauffeur's license not required
— An employee whose principal employment is not driving and who does only incidental and limited driving in the course of a working day would not be required to have a chauffeur's license. 1956 Op. Att'y Gen. No. 56-6512.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 7A Am. Jur. 2d Automobiles and Highway Traffic § 111.
60 C.J.S. Motor Vehicles § 156.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 5 - Licensing of Operators and Chauffeurs; Financial Responsibility; Uninsured Motorists' Insurance; Identification Cards › Part 1 - OPERATORS' AND CHAUFFEURS' LICENSES › Section 66-5-10 - Application for license; information; transfer to license.

A. Within the forms prescribed by the department for applications and licenses of drivers of motor vehicles, a space shall be provided to show whether the applicant is a donor as provided in the Jonathan Spradling Revised Uniform Anatomical Gift Act [Chapter 24, Article 6B NMSA 1978]. Anyone applying for a license may, if the applicant desires, indicate the applicant's donor status on the space provided on the application, and this information, if given by an applicant, shall be shown upon the license issued. The form and driver's license shall be signed by the donor in the presence of a witness who shall also sign the form in the donor's presence. The department shall, as soon as practicable, include the following donor statement on the application form:
"I,____________________________, hereby make
(Name of applicant/donor)
an anatomical gift effective upon my death. A
medical evaluation at the time of my death shall
determine the organs and tissues suitable for
donation.
____________________________________
(Signature of donor)
____________________________________
(Signature of parent or guardian is required
if the donor is under fifteen years of age.)".
B. The department shall mark the donor status on each person's driver's license record and shall retain each application form or its image of a person who wishes to be a donor. The department shall create and maintain a statewide donor registry and shall provide on-line computer terminal access to the donor registry to organ procurement organizations and procurement organizations, as defined in the Jonathan Spradling Revised Uniform Anatomical Gift Act. Authorized hospital or organ and tissue donor program personnel, immediately prior to or after a donor's death, may request verification of the donor's status from the department and may obtain a copy of the application from the department.
History:
1953 Comp., § 64-5-10, enacted by Laws 1978, ch. 35, § 232; 1987, ch. 69, § 5; 1995, ch. 135, § 17; 2002, ch. 42, § 4; 2007, ch. 323, § 32.
ANNOTATIONS
The 2007 amendment,
effective July 1, 2007, changed the name of the act.
The 2002 amendment,
effective May 15, 2002, added the last sentence and form in Subsection A.
The 1995 amendment,
effective June 16, 1995, in Subsection A, deleted "and driver's license" following "sign the form", rewrote Subsection B, and, throughout the section, substituted "department" for "division" and made minor stylistic changes.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 5 - Licensing of Operators and Chauffeurs; Financial Responsibility; Uninsured Motorists' Insurance; Identification Cards › Part 1 - OPERATORS' AND CHAUFFEURS' LICENSES › Section 66-5-12 - Release from liability.

Any person who has signed the application of a minor for an instruction permit, a driver's license or provisional license may thereafter file with the division a verified written request that the license of the minor so granted be canceled. Thereupon, the division shall cancel the license of the minor, and the person who signed the application of the minor shall be relieved from the liability imposed under this article, by reason of having signed the application, on account of any subsequent negligence or willful misconduct of the minor in operating a motor vehicle.
History:
1953 Comp., § 64-5-12, enacted by Laws 1978, ch. 35, § 234; 1999, ch. 175, § 6.
ANNOTATIONS
The 1999 amendment,
effective January 1, 2000, in the first sentence inserted "an instruction permit", inserted "driver's" and inserted "or provisional license", and made minor stylistic changes.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 5 - Licensing of Operators and Chauffeurs; Financial Responsibility; Uninsured Motorists' Insurance; Identification Cards › Part 1 - OPERATORS' AND CHAUFFEURS' LICENSES › Section 66-5-13 - Cancellation of license upon death of person signing minor's application.

The division upon receipt of satisfactory evidence of the death of the person who signed the application of a minor for an instruction permit, a driver's license or provisional license shall cancel the license and shall not issue a new license until such time as a new application, duly signed and verified, is made as required by this article. This provision does not apply in the event the minor has attained the age of eighteen years.
History:
1953 Comp., § 64-5-13, enacted by Laws 1978, ch. 35, § 235; 1999, ch. 175, § 7.
ANNOTATIONS
The 1999 amendment,
effective January 1, 2000, in the first sentence inserted "an instruction permit", "driver's", and "or provisional license" and made minor stylistic changes.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 5 - Licensing of Operators and Chauffeurs; Financial Responsibility; Uninsured Motorists' Insurance; Identification Cards › Part 1 - OPERATORS' AND CHAUFFEURS' LICENSES › Section 66-5-15.1 - Notification by licensee.

Every licensee shall, as a condition of holding a driver's license, agree to notify the director of any change in his physical or mental condition that would impair the licensee's ability to operate a vehicle.
History:
1978 Comp., § 66-5-15.1, enacted by Laws 1989, ch. 318, § 16.
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 66-5-15.2 - Repealed.

History:
Laws 2016, ch. 79, § 15; repealed by Laws 2019, ch. 167, § 17.
ANNOTATIONS
Repeals.
— Laws 2019, ch. 167, § 17 repealed 66-5-15.2 NMSA 1978, as enacted by Laws 2016, ch. 79, § 15, relating to photograph, fingerprints, effective October 1, 2019. For provisions of former section,
see
the 2018 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 5 - Licensing of Operators and Chauffeurs; Financial Responsibility; Uninsured Motorists' Insurance; Identification Cards › Part 1 - OPERATORS' AND CHAUFFEURS' LICENSES › Section 66-5-15.3 - Issuance of documents that meet federal requirements to be accepted by federal agencies for official federal purposes; reimbursement.

A. No later than six months from the effective date of this 2016 act, the department shall establish and begin to issue to qualified applicants licenses and identification cards that meet federal requirements to be accepted by federal agencies for official federal purposes. The department shall adopt the general design marking known as gold star pursuant to the
Department of Homeland Security REAL ID Security Plan Guidance Handbook
to implement the provisions of this subsection.
B. Provided that a person whose license or identification card expires on or after July 1, 2020 provides the required documentation and qualifies for the license or identification card issued pursuant to Subsection A of this section, the person may:
(1) exchange that person's valid New Mexico-issued license or identification card for a license or identification card issued pursuant to Subsection A of this section with an identical expiration date at no cost; or
(2) apply for a new license or identification card issued pursuant to Subsection A of this section.
C. The secretary shall adopt rules providing for the proration of a:
(1) refund for the remaining period that a person's license or identification card would have been valid; or
(2) credit for the remaining period that a person's license or identification card would have been valid toward the cost of a new license or identification card.
History:
Laws 2016, ch. 79, § 16.
ANNOTATIONS
Effective dates.
— Laws 2016, ch. 79 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 18, 2016, 90 days after the adjournment of the legislature.
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 66-5-15.4 - Driver's licenses and identification cards; acceptance.

A. A standard driver's license or identification card shall be accepted by every state and local public agency and every public accommodation for all of the purposes for which such public agency or public accommodation would accept a REAL ID-compliant driver's license or identification card.
B. It is unlawful for a public accommodation to refuse to accept a standard driver's license or identification card for any purpose for which it would accept a REAL ID-compliant driver's license or identification card. A person harmed by a violation of this subsection may maintain an action for damages or appropriate injunctive or declaratory relief to redress the violation in a district court of the judicial district in which the violation occurred or in which the plaintiff or defendant resides or the defendant may be found.
C. As used in this section, "public accommodation" means any establishment that provides or offers its services, facilities, accommodations or goods to the public, but does not mean a bona fide private club or other place or establishment that is by its nature and use distinctly private.
History:
Laws 2019, ch. 167, § 14.
ANNOTATIONS
Effective dates.
— Laws 2019, ch. 167, § 18 made Laws 2019, ch. 167 effective October 1, 2019.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 5 - Licensing of Operators and Chauffeurs; Financial Responsibility; Uninsured Motorists' Insurance; Identification Cards › Part 1 - OPERATORS' AND CHAUFFEURS' LICENSES › Section 66-5-15.5 - Repealed.

History:
Laws 2019, ch. 167, § 15; repealed by Laws 2019, ch. 167, § 16.
ANNOTATIONS
Repeals.
— Laws 2019, ch. 167, § 16 repealed 66-5-15.5 NMSA 1978, as enacted by Laws 2019, ch. 167, § 15, relating to validity, driving authorization cards, effective July 1, 2022. For provisions of former section,
see
the 2021 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 5 - Licensing of Operators and Chauffeurs; Financial Responsibility; Uninsured Motorists' Insurance; Identification Cards › Part 1 - OPERATORS' AND CHAUFFEURS' LICENSES › Section 66-5-17 - Use of license for identification.

In any criminal prosecution, civil action or administrative proceeding charging violation of a statute, ordinance or regulation concerning the sale, consumption or possession of alcoholic beverages involving minors, proof that the person charged, in good faith, demanded and was shown a valid driver's license shall be valid defense to such prosecution, civil action or administrative proceeding.
History:
1953 Comp., § 64-5-17, enacted by Laws 1978, ch. 35, § 239.
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 66-5-18 - Altered, forged or fictitious license; penalty.

A. A person who uses or possesses an altered, forged or fictitious driver's license, permit or identification card is guilty of a misdemeanor.
B. A person who alters or forges a driver's license, permit or identification card or who makes a fictitious driver's license, permit or identification card is guilty of a fourth degree felony.
C. A person who possesses or uses a fraudulent, counterfeit or forged document to apply for or renew a driver's license, permit or identification card is guilty of a fourth degree felony.
History:
1953 Comp., § 64-5-18, enacted by Laws 1978, ch. 35, § 240; 2004, ch. 59, § 12.
ANNOTATIONS
Cross references.
— For display or possession of cancelled or false license being a misdemeanor,
see
66-5-37 NMSA 1978.
For the penalty for a misdemeanor under the Motor Vehicle Code,
see
66-8-7 NMSA 1978.
For the penalty for a Motor Vehicle Code felony,
see
66-8-9 NMSA 1978.
For the penalty for a fourth-degree felony,
see
31-18-15 NMSA 1978.
The 2004 amendment,
effective March 4, 2004, amended Subsection A to add "or identification card" and added Subsection C.
Possession of false driver's license is forbidden
because it is illegal or illicit and comes within the definition of "contraband."
State v. James
, 1978-NMCA-046, 91 N.M. 690, 579 P.2d 1257, cert. denied, 91 N.M. 751, 580 P.2d 972.
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 66-5-20 - Replacement licenses.

In the event that a permit or driver's license issued under the provisions of this article is lost, stolen, mutilated or destroyed, or in the event of a name or address change, the person to whom the permit or driver's license was issued may, upon payment of the required fee, obtain a replacement upon furnishing proof of age and identity satisfactory to the department. A person who loses a permit or driver's license and who, after obtaining a replacement, finds the original, shall immediately surrender the original to the department.
History:
1953 Comp., § 64-5-20, enacted by Laws 1978, ch. 35, § 242; 1999, ch. 76, § 1.
ANNOTATIONS
Cross references.
— For the duplicate license and permit fee,
see
66-5-44 NMSA 1978.
The 1999 amendment,
effective July 1, 1999, substituted "Replacement" for "Duplicate" in the section heading; in the first sentence, substituted "replacement" for "duplicate or substitute thereof", inserted "of age and identity", and substituted "department" for "division"; added the second sentence; and made minor stylistic changes.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 60 C.J.S. Motor Vehicles § 156(2).
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 66-5-21.1 - Effect of military service on driver's license.

A. Unless the license is suspended, canceled or revoked as provided by law, a driver's license issued by this state that is held by a person who is on active duty in the armed forces of the United States and is absent from this state, or is in this state only on leave status, remains valid beyond the expiration date of the license.
B. If the person benefiting from this section is reassigned to this state or is discharged from military service, the driver's license remains valid until the thirty-first day after the person's return to this state or discharge.
C. A person benefiting from this section shall also show valid military identification or discharge documents when asked to show a driver's license.
D. The provisions of this section also apply to a spouse accompanying a person benefiting from this section.
History:
Laws 2005, ch. 124, § 1.
ANNOTATIONS
Effective dates.
— Laws 2005, ch. 124 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 17, 2005, 90 days after adjournment of the legislature.