reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 19 - MOTOR VEHICLE PROCEDURES, LICENSES, PERMITS › Part 3 - REGISTRATIONS › Section 18.19.3.53 - SALVAGE-BRANDED TITLES - BRANDING OF TITLE

Current through Register Vol. 35, No. 13, July 16, 2024
A. The procedures specified in 18.19.3.53
				NMAC govern the transfer of title to a salvage or non-repairable
				vehicle.
B. Transfer to an
				insurance company: The steps below are to be followed when an insurance company
				takes title to a salvage vehicle or non-repairable vehicle in exchange for a
				payment to a person making a claim for vehicle damages.
(1) The insurance company or its authorized
				agent shall obtain the title or manufacturer's certificate of origin (MCO) for
				the vehicle and verify that the document is in the name of the former
				owner.
(2) The former owner or the
				former owner's authorized agent shall sign the title or MCO on the seller's
				release line. If a business was the former owner, the name of the business must
				appear with the signature of the business's owner, officer or agent.
(3) The name of the insurance company shall
				be entered in the purchaser section of the title or MCO.
(4) The insurance company shall apply for a
				salvage title or non-repairable certificate in its name before transferring
				title to the vehicle.
(5) The
				insurance company shall submit the endorsed title or MCO to the motor vehicle
				division, together with a written explanation of the reason for the branding.
				In the case of a salvage vehicle, a statement must be included of the costs of
				repair to make the vehicle safe for operation on the highways and the estimate
				of its fair market value immediately prior to damage. If the title was issued
				by a jurisdiction other than New Mexico, a copy of the title must be sent to
				the issuing jurisdiction with a completed "statement of loss".
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 19 - MOTOR VEHICLE PROCEDURES, LICENSES, PERMITS › Part 3 - REGISTRATIONS › Section 18.19.3.60 - PRESTIGE PLATES - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
As used in 18.19.3.60 through
				  18.19.3.63
				  NMAC:
A. "set" means the combination
				of symbols selected by an applicant to appear on a prestige plate;
				and
B. "prestige plate" means the
				special registration plates authorized by Section
				66-3-15
				NMSA 1978.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 19 - MOTOR VEHICLE PROCEDURES, LICENSES, PERMITS › Part 3 - REGISTRATIONS › Section 18.19.3.61 - PRESTIGE PLATES - FORMAT - PERMISSIBLE CHARACTERS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The set on prestige plates, other than
				motorcycles prestige plates, will consist of a combination of not fewer than
				one nor more than seven characters. The set on motorcycle prestige plates will
				consist of a combination of not fewer than one nor more than six
				characters.
B. Only the letters,
				numerals or special symbols used by the division for registration plates may be
				selected as characters for inclusion in a set, except that a full space between
				letters, numerals or special symbols is also a permissible character. The
				wheelchair symbol may be selected only by those persons who are eligible for a
				special registration plate under Section
				66-3-16
				NMSA 1978.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 19 - MOTOR VEHICLE PROCEDURES, LICENSES, PERMITS › Part 3 - REGISTRATIONS › Section 18.19.3.62 - PRESTIGE PLATES - CONTENT OF SET - REVIEW OF SET BY DIVISION

Current through Register Vol. 35, No. 13, July 16, 2024
A. Except as
				otherwise provided in 18.19.3.62 NMAC, a set may be composed of any permissible
				characters in any order as long as the set is consistent with the requirements
				of 18.19.3.61 NMAC. Prior to approval for the establishment and issuance of the
				prestige plate, the division will review the set.
B. No prestige plate will be established or
				approved for issuance which displays a set that:
(1) duplicates that of any existing
				registration plate or registration plate or set for which an application is in
				process;
(2) the division finds to
				be derogatory or obscene; or
(3)
				falsely states or implies that the vehicle or the driver represents the
				authority of a governmental agency or official.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 19 - MOTOR VEHICLE PROCEDURES, LICENSES, PERMITS › Part 3 - REGISTRATIONS › Section 18.19.3.63 - PRESTIGE PLATES - APPEAL TO DIRECTOR

Current through Register Vol. 35, No. 13, July 16, 2024
Any person whose selected set for a prestige plate is found
				  by the division to be derogatory or obscene or a false representation of
				  governmental authority may appeal that finding to the director within thirty
				  days of the day on which the person is notified of the finding. The applicant
				  may present arguments and evidence that the set is not derogatory or obscene or
				  a false representation of governmental authority. The director, in his
				  discretion, may hold a hearing on the matter and may delegate conduct of the
				  hearing. in any such hearing, the technical rules of evidence shall not apply
				  but, in ruling on the admissibility of evidence, the officer conducting the
				  hearing may require reasonable substantiation of statements or records, the
				  accuracy or truth of which is in reasonable doubt. The rules of civil procedure
				  for the district courts shall not apply but the hearing shall be conducted so
				  that both complaints and defenses are amply and fairly presented. Based upon
				  the arguments and evidence presented, the director will decide whether the set
				  is derogatory, obscene or a false representation of governmental authority; the
				  decision is final. Only if the director finds the set to be not derogatory,
				  obscene or a false representation of governmental authority will the prestige
				  plate with that set be established and issued.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 19 - MOTOR VEHICLE PROCEDURES, LICENSES, PERMITS › Part 3 - REGISTRATIONS › Section 18.19.3.70 - COMPLETE VEHICLE IDENTIFICATION NUMBER REQUIRED

Current through Register Vol. 35, No. 13, July 16, 2024
In order to establish a security interest in and a lien upon
				  the manufactured home, the notification of property tax delinquency must
				  include both the location of the manufactured home and the complete vehicle
				  identification number of the manufactured home. Notifications of property tax
				  delinquency on manufactured homes which do not contain the complete vehicle
				  identification number do not contain sufficient information to establish
				  whether or not a manufactured home is registered with the motor vehicle
				  division. Therefore such copies will not be filed and will not constitute a
				  security interest in and a lien upon the vehicle.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 19 - MOTOR VEHICLE PROCEDURES, LICENSES, PERMITS › Part 3 - REGISTRATIONS › Section 18.19.3.71 - DEACTIVATION OF TITLE TO A MANUFACTURED HOME

Current through Register Vol. 35, No. 13, July 16, 2024
Title issued pursuant to the provisions of the Motor Vehicle
				  Code to a manufactured home shall be deactivated by the department when:
A. the person in whose name the manufactured
				home is titled requests in writing that the department deactivate the
				title;
B. the title is free and
				clear of all recorded liens and encumbrances; and
C. the valuation authority certifies to the
				department that, once title is deactivated, the housing structure will be taxed
				as real property.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 19 - MOTOR VEHICLE PROCEDURES, LICENSES, PERMITS › Part 3 - REGISTRATIONS › Section 18.19.3.72 - REACTIVATION OF A TITLE TO A MANUFACTURED HOME

Current through Register Vol. 35, No. 13, July 16, 2024
If the owner of a housing structure, title to which had been
				  issued pursuant to the Motor Vehicle Code as a manufactured home and which
				  title is deactivated, may request that the title issued pursuant to the Motor
				  Vehicle Code be reactivated. The department shall reactivate the title as a
				  manufactured home pursuant to the provisions of the Motor Vehicle Code and
				  reissue it to the owner only upon receipt of documentation that all liens or
				  mortgages against the housing structure and the land upon which it is affixed
				  have been released. The department shall notify the valuation authority that
				  the title has been reactivated.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 19 - MOTOR VEHICLE PROCEDURES, LICENSES, PERMITS › Part 4 - LICENSING › Section 18.19.4.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
Taxation and Revenue Department, Joseph M. Montoya Building,
				  1100 South St. Francis Drive, P.O. Box 630, Santa Fe NM
				  87504-0630
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 19 - MOTOR VEHICLE PROCEDURES, LICENSES, PERMITS › Part 4 - LICENSING › Section 18.19.4.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This part applies to all dealers, wreckers, wholesalers and
				  distributors of motor vehicles and title service companies.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 19 - MOTOR VEHICLE PROCEDURES, LICENSES, PERMITS › Part 4 - LICENSING › Section 18.19.4.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
9/14/96, unless a later date is cited at the end of a
				  section, in which case the later date is the effective date.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 19 - MOTOR VEHICLE PROCEDURES, LICENSES, PERMITS › Part 4 - LICENSING › Section 18.19.4.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of this part is to interpret, exemplify,
				  implement and enforce the provisions of the Motor Vehicle
				  Code.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 19 - MOTOR VEHICLE PROCEDURES, LICENSES, PERMITS › Part 4 - LICENSING › Section 18.19.4.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
As used in 18.19.4 NMAC,
A. "appellant" means the applicant for a
				license which the department refuses to issue or the person to whom a license
				has been issued which license the department proposes to cancel or
				suspend;
B. "license", unmodified,
				means a license authorized pursuant to Sections
				66-4-1,
				66-4-1.1
				or
				66-4-2.1
				NMSA 1978;
C. "licensee" means a
				person to whom a license has been issued for conducting a type of business
				described in Sections
				66-4-1
				or
				66-4-1.1
				NMSA 1978; and
D. "wrecker" means
				an "auto recycler" as that term is defined in Section
				66-1-4.1
				NMSA 1978.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 19 - MOTOR VEHICLE PROCEDURES, LICENSES, PERMITS › Part 4 - LICENSING › Section 18.19.4.8 - APPLICATION FOR LICENSE - SURETY BONDS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Each applicant for a license shall apply
				to the dealer section of the motor vehicle division of the department on a form
				provided by the department.
B. Each
				application shall be accompanied by an original corporate surety bond that
				complies with the provisions of Section
				66-4-7
				NMSA 1978. The corporate surety bond must remain in effect throughout the
				period for which the license is issued. The corporate surety bond must be
				issued in the same business name and trade name, if any, shown on the
				application for license.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 19 - MOTOR VEHICLE PROCEDURES, LICENSES, PERMITS › Part 4 - LICENSING › Section 18.19.4.9 - APPLICATIONS FOR SUPPLEMENTAL LICENSE

Current through Register Vol. 35, No. 13, July 16, 2024
Any dealer or wrecker who desires to open any additional
				  place of business shall:
A. at least
				fourteen days prior to the sale of any vehicles at the additional place of
				business, submit an application for a supplemental license to the dealer
				section of the motor vehicle division of the department on a form provided by
				the department;
B. submit either an
				original rider to the dealer or wrecker'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 additional place of business; photocopies or
				other facsimiles are not acceptable; only original documents will be
				considered;
C. submit proof
				satisfactory to the department that the dealer or wrecker has or will have
				exclusive control over the location of the proposed additional place of
				business; proof may be submitted in the form of, but is not limited to, an
				executed lease, an executed contract for purchase of the location or a document
				such as a deed or, in the case of a temporary place of business, a letter of
				permission from the land owner or permanent tenant; and
D. comply with Section
				66-4-2
				B(2) NMSA 1978 and, with respect to temporary places of business, comply with
				18.19.4.18 NMAC or, with respect to other places of business, provide the
				necessary documentation to establish that the proposed additional place of
				business meets the requirements of an established place of business, except
				that the books and records of an additional place of business need not be kept
				there.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 19 - MOTOR VEHICLE PROCEDURES, LICENSES, PERMITS › Part 4 - LICENSING › Section 18.19.4.10 - INSPECTION OF PREMISES BY DEPARTMENT

Current through Register Vol. 35, No. 13, July 16, 2024
A. The secretary, or the secretary's
				authorized representative, shall inspect each proposed new business location of
				a dealer or wrecker for compliance with the provisions of the Motor Vehicle
				Code and must approve the location before a dealer or wrecker license is
				issued. Inspection of each proposed new business location may be accomplished
				at the discretion of the secretary, or the secretary's authorized
				representative, by either:
(1) a physical
				inspection of the proposed location, or
(2) an inspection of plans and architectural
				or schematic drawings or photographs.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 19 - MOTOR VEHICLE PROCEDURES, LICENSES, PERMITS › Part 4 - LICENSING › Section 18.19.4.11 - COMPLIANCE WITH LOCAL ZONING REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A representative of the municipality or county in which the
				  licensee proposes a business location must certify on the inspection form that
				  the place of business is in compliance with all local zoning
				  requirements.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 19 - MOTOR VEHICLE PROCEDURES, LICENSES, PERMITS › Part 4 - LICENSING › Section 18.19.4.12 - LICENSE TO BE DISPLAYED

Current through Register Vol. 35, No. 13, July 16, 2024
A. A
				dealer or wrecker shall display the business license issued by the department
				in a conspicuous place at the dealer's or wrecker's established place of
				business at all times.
B. A dealer
				or wrecker shall display the supplemental business license issued by the
				department in a conspicuous place at the dealer's or wrecker's additional place
				of business at all times.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 19 - MOTOR VEHICLE PROCEDURES, LICENSES, PERMITS › Part 4 - LICENSING › Section 18.19.4.13 - SUPPLEMENTAL LICENSE REQUIREMENTS - COMPLIANCE WITH SECTION 66-4-2B(2) NMSA 1978

Current through Register Vol. 35, No. 13, July 16, 2024
A. Any dealer
				or wrecker applying for a supplemental license to conduct business at a
				location that is not an established place of business must comply with the
				provisions of Paragraph (2) of Subsection B of Section
				66-4-2
				NMSA 1978.
B. Compliance with
				Section
				66-4-2
				B(2) NMSA 1978 shall be established by providing to the department:
(1) a copy of the letter sent to a majority
				of the dealers in the county of the proposed additional place of
				business;
(2) verification that the
				letter was sent first class mail, postage prepaid, and the date of the mailing;
				and
(3) a list of the dealers to
				whom it was sent.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 19 - MOTOR VEHICLE PROCEDURES, LICENSES, PERMITS › Part 4 - LICENSING › Section 18.19.4.14 - APPLICATION OF CRIMINAL OFFENDER EMPLOYMENT ACT

Current through Register Vol. 35, No. 13, July 16, 2024
A. For the purposes of Section
				66-4-4
				NMSA 1978, only those felonies related to the use, sale or exchange of a motor
				vehicle will be considered by the department for the purposes of granting,
				renewing, revoking or suspending a license.
B. A conviction of a corporate officer,
				general or limited partner or sole proprietor for a felony related to the use,
				sale or exchange of a motor vehicle is a disqualifying condition under Section
				66-4-4
				NMSA 1978.
C. The conviction of a
				corporate officer, general or limited partner or sole proprietor for a felony
				related to the use, sale or exchange of a motor vehicle subsequent to the
				issuance of a license by the department is a disqualifying condition under
				Section
				66-4-4
				NMSA 1978.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 19 - MOTOR VEHICLE PROCEDURES, LICENSES, PERMITS › Part 4 - LICENSING › Section 18.19.4.15 - INSPECTION DURING REASONABLE BUSINESS HOURS

Current through Register Vol. 35, No. 13, July 16, 2024
All records of a licensee required to be maintained under the
				  provisions of Section
				  66-4-5
				  NMSA 1978 shall be available for inspection at any time between 8:00 am and
				  5:00 pm on any business day, exclusive of Sundays and holidays by any peace
				  officer or by the secretary or the secretary's authorized
				  representative.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 19 - MOTOR VEHICLE PROCEDURES, LICENSES, PERMITS › Part 4 - LICENSING › Section 18.19.4.16 - VALID CORPORATE SURETY BOND REQUIRED AS A CONDITION OF LICENSE

Current through Register Vol. 35, No. 13, July 16, 2024
A. The corporate
				surety bond required by Section
				66-4-7
				NMSA 1978 shall be continuous in form and must remain in effect throughout the
				period for which the license is issued.
B. If the corporate surety bond is allowed to
				lapse or is otherwise rendered ineffective or invalid, the department may
				demand, by certified mail or in person, that a new, original corporate surety
				bond be provided to the department. if the licensee does not comply within five
				(5) business days, the license issued by the department is deemed invalid and
				the department may institute proceedings to enjoin that licensee from engaging
				in business in New Mexico in accordance with the provisions of Section
				66-4-1
				NMSA 1978.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 19 - MOTOR VEHICLE PROCEDURES, LICENSES, PERMITS › Part 4 - LICENSING › Section 18.19.4.17 - SUBSTITUTION OF BOND AT REQUEST OF CORPORATE SURETY

Current through Register Vol. 35, No. 13, July 16, 2024
Any corporate surety on any bond furnished by any licensee as
				  required by Section
				  66-4-7
				  NMSA 1978 shall be released and discharged from any and all liability accruing
				  on the bond after the expiration of ninety days from the date on which the
				  corporate surety files with the department a written request to be released and
				  discharged. Such a request shall not operate to release or discharge the
				  corporate surety from any liability already accrued or that shall accrue before
				  the expiration of the ninety day period, unless a new, original corporate
				  surety bond is filed during the ninety day period, in which case the previous
				  bond may be canceled as of the effective date of the new bond. On receipt of
				  notice of such a request, the department shall promptly notify the licensee who
				  furnished the bond that the licensee shall, on or before the expiration of the
				  ninety day period, file with the department a new, original corporate surety
				  bond with a surety satisfactory to the department in the amount and form
				  required by Section
				  66-4-7
				  NMSA 1978.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 19 - MOTOR VEHICLE PROCEDURES, LICENSES, PERMITS › Part 4 - LICENSING › Section 18.19.4.18 - ADDITIONAL REQUIREMENTS FOR TEMPORARY PLACE OF BUSINESS

Current through Register Vol. 35, No. 13, July 16, 2024
In addition to the requirements set forth in
				  18.19.4.9
				  NMAC, the following requirements must also be met when a dealer's application
				  for a supplemental license relates to a temporary place of business:
A. the dealer provides to the motor vehicle
				division evidence acceptable to the department that it has made the offer
				required by Paragraph (2) of Subsection B of Section
				66-4-2
				NMSA 1978 and is not conditioning the offer upon the payment of any fee greater
				than a fair share of the actual expenses; a "fair share" shall not be greater
				than the total allowable expenses divided by the number of participating
				dealers; such evidence shall include a list of all the dealers in the county, a
				list of those to whom the invitation has been extended and a copy of the
				invitation;
B. a statement signed
				by the appropriate official that the sale of motor vehicles at the site and all
				other uses of the site are in compliance with applicable zoning and planning
				requirements; and
C. certification
				by the dealer that all of the information tendered is true and correct and
				acknowledging that providing untrue or incomplete information could lead to a
				loss of the dealer's license.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 19 - MOTOR VEHICLE PROCEDURES, LICENSES, PERMITS › Part 4 - LICENSING › Section 18.19.4.30 - TIMELY RENEWAL OF ANNUAL LICENSE

Current through Register Vol. 35, No. 13, July 16, 2024
A. The failure by a licensee to timely renew
				the license issued by this department may be considered reasonable cause for
				this department to refuse to renew the license.
B. For the purposes of 18.19.4.30 NMAC, an
				application for renewal, accompanied by the proper fee and the required
				original corporate surety bond, must be received by the department on or before
				the expiration of the current license to be considered timely.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 19 - MOTOR VEHICLE PROCEDURES, LICENSES, PERMITS › Part 4 - LICENSING › Section 18.19.4.31 - CANCELLATION, SUSPENSION, REVOCATION, OR REFUSAL TO GRANT OR CONTINUE A LICENSE

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				department may refuse to grant a license to any person if the person does not
				meet the requirements of the Motor Vehicle Code, if the person is a delinquent
				taxpayer pursuant to Section
				7-1-16 NMSA
				1978 or has not filed all state tax returns the person is required to file. The
				person may request a hearing on the refusal.
B. The department may also cancel, suspend,
				revoke or refuse to continue the license of any licensee if the licensee does
				not meet the requirements of the Motor Vehicle Code, if the licensee is a
				delinquent taxpayer pursuant to Section
				7-1-16 NMSA
				1978 or if the person has not filed all state tax returns the person is
				required to file. If the department cancels, suspends, revokes or refuses to
				continue the license of any licensee, the license may be reinstated on a
				showing by the licensee that the licensee is in compliance with the
				requirements of the Motor Vehicle Code and, if applicable, the person is no
				longer a delinquent taxpayer and has filed all required returns.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 19 - MOTOR VEHICLE PROCEDURES, LICENSES, PERMITS › Part 4 - LICENSING › Section 18.19.4.50 - ESTABLISHED PLACE OF BUSINESS - GENERAL

Current through Register Vol. 35, No. 13, July 16, 2024
A. An established place of business must be
				devoted exclusively to the business for which the dealer is licensed and to any
				business incidental to the dealer's principal activity. Incidental business may
				include, but is not limited to, sales of automobile liability insurance,
				maintenance contracts, repairs, motor vehicle parts and after market
				accessories.
B. An established
				place of business must be located in an enclosed building on a permanent
				foundation that meets all local zoning requirements.
C. If a location proposed as an established
				place of business is to be leased, the lease shall be for a term of not less
				than six months. Lease provisions which allow for cancellation of the remaining
				lease term by either the lessor or lessee at his sole discretion shall be
				deemed to create a term of less than six months. Any lease which the department
				finds to be a sham or artificial transaction shall be deemed to create a term
				of less than six months.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 19 - MOTOR VEHICLE PROCEDURES, LICENSES, PERMITS › Part 4 - LICENSING › Section 18.19.4.51 - ESTABLISHED PLACE OF BUSINESS - COMMON AREAS OR AREAS OPEN TO THE GENERAL PUBLIC NOT QUALIFIED

Current through Register Vol. 35, No. 13, July 16, 2024
A. An
				established place of business can not be located in common areas, such as at a
				shopping mall, or in areas open to the general public, such as parking lots for
				buildings not devoted exclusively to the business of the dealer. Absent clearly
				convincing evidence to the contrary, such location shall be presumed not to be
				devoted exclusively to the business for which the dealer is licensed. The
				burden of proof shall be on the dealer to show that the common area or other
				area open to the general public is physically restricted to the exclusive use
				of the dealership. This burden may be met by submitting evidence of physical
				barriers, such as walls or permanent fences, or other means which preclude all
				uses of the area other than for those associated with the dealer's
				business.
B. If the proposed
				established place of business is located within a portion of a larger
				structure, such as a shopping mall, which also contains other types of
				businesses, the established place of business must be within a permanently
				enclosed area which forms part of the larger structure. While the established
				place of business may be one of the tenants in the mall, the established place
				of business can not be located in or on the common areas of the mall. The
				established place of business must meet all the other requirements of Section
				66-1-4.5(B) NMSA 1978.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 19 - MOTOR VEHICLE PROCEDURES, LICENSES, PERMITS › Part 4 - LICENSING › Section 18.19.4.52 - ESTABLISHED PLACE OF BUSINESS - PORTION OF BUILDING NOT QUALIFIED

Current through Register Vol. 35, No. 13, July 16, 2024
A. A portion of an
				enclosed building shall not qualify as an established place of business if it
				is within a building which houses activities other than those of the dealer, or
				the dealer's incidental business activity; and either:
(1) contains equipment or records not related
				to the dealership, or
(2) is not
				suited by size, configuration or access to human use or occupation.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 19 - MOTOR VEHICLE PROCEDURES, LICENSES, PERMITS › Part 4 - LICENSING › Section 18.19.4.53 - ESTABLISHED PLACE OF BUSINESS - ONE LICENSE PER LOCATION -EXCEPTION

Current through Register Vol. 35, No. 13, July 16, 2024
A. Only one dealer,
				wrecker, wholesaler or distributor license may be issued to a location. If an
				established place of business is subdivided to accommodate more than one
				dealer, wrecker, wholesaler or distributor, each subdivided area must satisfy
				the requirements of Section 66-1-4.5(B) NMSA 1978. A location may not be
				subdivided for use by another person who is not a licensed dealer, wrecker,
				wholesaler or distributor.
B. If
				two or more licensed dealers, wreckers, wholesalers or distributors share a
				common boundary, a reasonable person must be able to identify those boundaries
				by means of a fence, rope or other physical barrier. The secretary, or the
				secretary's authorized representative, must approve the subdividing of a
				business location.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 19 - MOTOR VEHICLE PROCEDURES, LICENSES, PERMITS › Part 4 - LICENSING › Section 18.19.4.54 - ESTABLISHED PLACE OF BUSINESS - DISPLAY AND PARKING AREAS

Current through Register Vol. 35, No. 13, July 16, 2024
A. An established place of business for a
				dealer must have adequate space to safely display at least one vehicle of the
				type sold by the dealer.
B. An
				established place of business for a dealer or wrecker must have adequate space
				for customer parking, and be in compliance with local zoning ordinances
				regarding required parking spaces.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 19 - MOTOR VEHICLE PROCEDURES, LICENSES, PERMITS › Part 4 - LICENSING › Section 18.19.4.55 - ESTABLISHED PLACE OF BUSINESS - MAINTENANCE AND STORAGE OF BOOKS AND RECORDS

Current through Register Vol. 35, No. 13, July 16, 2024
An established place of business must have adequate space to
				  accommodate customers, must be equipped with office furniture and equipment
				  reasonably necessary for conducting the business of the dealer or wrecker and
				  must have adequate space for maintaining and storing the books and records of
				  the dealer or wrecker.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 19 - MOTOR VEHICLE PROCEDURES, LICENSES, PERMITS › Part 4 - LICENSING › Section 18.19.4.56 - ESTABLISHED PLACE OF BUSINESS - BOOKS AND RECORDS MUST BE AVAILABLE FOR INSPECTION

Current through Register Vol. 35, No. 13, July 16, 2024
A dealer or wrecker must keep his vehicle inventory books,
				  accounts and records at his established place of business and must allow the
				  secretary, the secretary's authorized representative, or any authorized
				  representative of a law enforcement agency to inspect the books, accounts and
				  records at any time between 8:00 a.m. and 5:00 p.m., Monday through Saturday,
				  holidays excepted.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 19 - MOTOR VEHICLE PROCEDURES, LICENSES, PERMITS › Part 4 - LICENSING › Section 18.19.4.57 - ESTABLISHED PLACE OF BUSINESS - PROMINENT SIGNS REQUIRED AT ESTABLISHED AND ADDITIONAL PLACES OF BUSINESS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Signage at an established place of business shall clearly identify the licensed
				dealer or wrecker or the trade name, if used, as listed on the business license
				and corporate surety bond.
B.
				Signage at an additional place of business shall clearly identify the licensed
				dealer or wrecker or the trade name, if used, as displayed at the established
				place of business and as listed on the business license and corporate surety
				bond.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 19 - MOTOR VEHICLE PROCEDURES, LICENSES, PERMITS › Part 5 - DRIVER'S LICENSE › Section 18.19.5.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
Taxation and Revenue Department, Joseph M. Montoya Building,
				  1100 South St. Francis Drive, P.O. Box 630, Santa Fe NM
				  87504-0630.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 19 - MOTOR VEHICLE PROCEDURES, LICENSES, PERMITS › Part 5 - DRIVER'S LICENSE › Section 18.19.5.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
Holders of and applicants for any type of New Mexico driver's
				  license or permit; employers of individuals holding commercial driver's
				  licenses; persons whose driving license or privilege to drive has been
				  suspended or revoked; uninsured motorists.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 19 - MOTOR VEHICLE PROCEDURES, LICENSES, PERMITS › Part 5 - DRIVER'S LICENSE › Section 18.19.5.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Section
				  9-11-6.2 NMSA
				  1978.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 19 - MOTOR VEHICLE PROCEDURES, LICENSES, PERMITS › Part 5 - DRIVER'S LICENSE › Section 18.19.5.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
March 14, 2023, unless a later date is cited at the end of a
				  section, in which case the later date is the effective date.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 19 - MOTOR VEHICLE PROCEDURES, LICENSES, PERMITS › Part 5 - DRIVER'S LICENSE › Section 18.19.5.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of this part is to interpret, exemplify,
				  implement and enforce the provisions of the Motor Vehicle Code, including
				  compliance with regulations for the REAL ID Act of 2005, Title 6 C.F.R. Chapter
				  1, Section 37.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 19 - MOTOR VEHICLE PROCEDURES, LICENSES, PERMITS › Part 5 - DRIVER'S LICENSE › Section 18.19.5.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. As used in
				regulations under the provisions of the New Mexico Commercial Driver's License
				Act:
(1)
"commercial driver's
				license"
means a license issued by a state or other jurisdiction which
				authorizes the holder to operate a commercial motor vehicle;
(2)
"commercial motor vehicle"
means a motor vehicle of a type used in commerce:
(a) if the vehicle has a gross vehicle weight
				rating of 26,001 or more pounds;
(b) if the vehicle is designed to transport
				sixteen or more passengers, including the driver; or
(c) if the vehicle is transporting hazardous
				materials and is required to be placarded pursuant to applicable law;
(3)
"combination
				vehicle"
means a power or tractor unit with one or more semi-trailers,
				trailers or semi-trailers converted to trailers by means of a converter
				gear;
(4)
"disqualified"
means a driver who has had the qualification to
				drive a commercial motor vehicle removed and whose New Mexico commercial
				driver's license is canceled; for purposes of this definition and Section
				66-5-68 NMSA 1978, "canceled"
				shall mean that the commercial driver's license is in "revocation" as that term
				is defined in Subsection B of Section
				66-5-1 NMSA 1978, and the driver
				is not eligible to apply for a commercial driver's license until the period of
				time for which the driver was disqualified has elapsed; and
(5)
"resident
means a person who
				intends to reside in New Mexico evidenced by registration to vote or other
				action acceptable to the motor vehicle division.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 19 - MOTOR VEHICLE PROCEDURES, LICENSES, PERMITS › Part 5 - DRIVER'S LICENSE › Section 18.19.5.9 - PRORATING OF DRIVER'S LICENSE FEES

Current through Register Vol. 35, No. 13, July 16, 2024
A. The fees imposed for the issuance of a
				driver's license or commercial driver's license may be prorated if the
				licensure period is shortened pursuant to Section
				66-5-19 NMSA 1978. Fees shall be
				prorated on an annual basis. In no case shall the fee be less than the prorated
				fee for one full year.
B. A person
				whose license or identification card expires on or after July 1, 2020 may apply
				for a license or identification card acceptable for federal purposes upon
				submission of all required documents. The person shall receive a new license or
				identification card that contains the same expiration date as the one
				previously issued. The person shall receive credit for the period remaining on
				the license or identification card toward the cost of the new license or
				identification card.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 19 - MOTOR VEHICLE PROCEDURES, LICENSES, PERMITS › Part 5 - DRIVER'S LICENSE › Section 18.19.5.10 - DRIVER'S LICENSES - MEMBER OF A NATO FORCE

Current through Register Vol. 35, No. 13, July 16, 2024
A. For purposes of
				18.19.5.10 NMAC:
(1)
"NATO signatory"
means a
				nation, other than the United States, that is a contracting party to the north
				Atlantic treaty;
(2)
"NATO
				force"
means any NATO signatory's military unit or force or civilian
				component thereof present in New Mexico in accordance with the north Atlantic
				treaty; and
(3)
"member of a
				NATO force"
means the military and civilian personnel of the NATO force
				and their dependents.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 19 - MOTOR VEHICLE PROCEDURES, LICENSES, PERMITS › Part 5 - DRIVER'S LICENSE › Section 18.19.5.11 - CONTRACTING DRIVER'S KNOWLEDGE AND SKILL TESTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Under Subsection C of Section
				66-5-14 NMSA 1978, the department
				is permitted to contract for certain testing of individuals applying for
				driver's licenses. Any contract entered into may provide that all or only some
				of the individuals applying for driver's licenses are to be tested by the
				contractor. Any contract entered into may be limited to testing at certain
				field offices or within certain political subdivisions or geographic
				areas.
B. Only the following
				persons are eligible to enter into contracts authorized under Subsection C of
				Section 66-5-14 NMSA 1978:
(1) public educational institutions;
				and
(2) commercial driving schools
				licensed by the department of transportation pursuant to the Driving School
				Licensing Act and regulations thereunder.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 19 - MOTOR VEHICLE PROCEDURES, LICENSES, PERMITS › Part 5 - DRIVER'S LICENSE › Section 18.19.5.12 - REAL ID-COMPLIANT DRIVER'S LICENSES AND IDENTIFICATION CARDS FOR UNITED STATES CITIZENS, UNITED STATES NATIONALS OR PERMANENT RESIDENT ALIENS

Current through Register Vol. 35, No. 13, July 16, 2024
A. A United States
				citizen, United States national or permanent resident alien applying for a REAL
				ID compliant New Mexico driver's license or identification card, other than a
				commercial driver's license, must provide documentary proof of their
				identification number, identity, age, indication of sex, lawful status and New
				Mexico residency.
B.
Proof of
				identity and age:
To establish identity and age the applicant must
				present at least one of the following documents:
(1) a valid, unexpired United States
				passport;
(2) a valid, unexpired
				United States passport card;
(3) a
				valid foreign passport with I-551 stamp;
(4) an original or a certified copy of a
				birth certificate filed with a state office of vital statistics or equivalent
				agency in the individual's place (state) of birth;
(5) a consular report of birth abroad (CRBA)
				issued by the U.S. department of state, form FS-240, DS-1350 or
				FS-545;
(6) a valid, unexpired
				permanent resident card (form I-551) issued by the U.S. department of homeland
				security (DHS) or immigration and naturalization service (INS);
(7) a certificate of naturalization issued by
				DHS, form N-550 or form N-570;
(8)
				a certificate of citizenship, form N-560 or form N-561, issued by
				DHS;
(9) a valid unexpired
				employment authorization document (EAD) issued by DHS, form I-766 or form
				I-688B, verified through the systematic alien verification for entitlement
				system (SAVE);
(10) a foreign
				passport with unexpired U.S. visa affixed, accompanied by the approved I-94
				form documenting the applicant's most recent admittance into the U.S., verified
				by SAVE;
(11) REAL ID driver's
				license or ID card combined proof of legal presence if legal presence is
				temporary; or
(12) other documents
				as allowed by an approved DHS exception process.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 19 - MOTOR VEHICLE PROCEDURES, LICENSES, PERMITS › Part 5 - DRIVER'S LICENSE › Section 18.19.5.14 - REAL ID-COMPLIANT DRIVER'S LICENSE AND IDENTIFICATION CARDS FOR LAWFUL UNITED STATES RESIDENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. A
				person who is legally in the United States but not a United States citizen,
				United States national or permanent resident alien may apply for a REAL ID
				compliant New Mexico driver's license, or identification card other than a
				commercial driver's license, and must provide documentary proof of their
				identification number, identity, age, indication of sex, lawful status and New
				Mexico residency.
B.
Proof of
				identity and age:
To establish identity and age, the applicant must
				present one of the following documents:
(1) an
				unexpired employment authorization document issued by U.S. department of
				homeland security (DHS), form I-766 or form I-688B, verified by the systematic
				alien verification for entitlements system (SAVE);
(2) an unexpired foreign passport with a
				valid, unexpired U.S. visa affixed accompanied by the approved I-94 form
				documenting the applicant's most recent admittance into the United States,
				verified by SAVE. This document can be used to satisfy both the identity and
				age requirement, and proof of identification number requirement for a REAL ID
				compliant credential.
(3) REAL ID
				driver's license or identification card issued in compliance with the standards
				established by this part.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 19 - MOTOR VEHICLE PROCEDURES, LICENSES, PERMITS › Part 5 - DRIVER'S LICENSE › Section 18.19.5.30 - DRIVER LICENSE CLASSIFICATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Driver's licenses, other than licenses
				issued under the New Mexico Commercial Driver's License Act, shall be issued
				under the following classifications:
Class Vehicles Licensee Authorized to Drive
D
Until October 1, 1996:
Other than any vehicle
				  included in class C, any single vehicle less than 26,001 pounds gross vehicle
				  weight, and such vehicles towing vehicles weighing:
(1) not more than 10,000 pounds gross vehicle
				weight, provided that the towing vehicle is of equal or greater weight than the
				vehicle being towed; or
(2) more
				than 10,000 pounds gross vehicle weight provided that either the towing vehicle
				is of equal or greater weight than the vehicle being towed or, if the towing
				vehicle is of lesser weight than the towed vehicle, the weight in the towed
				vehicle does not exceed the manufacturer's rated capacity and:
(a) the towing vehicle has either a class 4
				or higher equalizing hitch or a fifth wheel;
(b) the vehicle being towed is a trailer;
				or
(c) the vehicle combination
				properly displays slow-moving insignia and moves at speeds of 25 mph or
				less.
On and after October 1, 1996:
Other than any
				  vehicle included in class C, any single vehicle less than 26,001 pounds gross
				  vehicle weight, and such vehicles towing vehicles provided that:
(1) the towing vehicle is of equal or greater
				weight than the vehicle being towed; or
(2) if the towing vehicle is of lesser weight
				than the towed vehicle, the weight in the towed vehicle does not exceed the
				manufacturer's rated capacity and:
(a) the
				towing vehicle has either a class 4 or higher equalizing hitch or a fifth
				wheel;
(b) the vehicle being towed
				is a trailer; or
(c) the vehicle
				combination properly displays slow-moving insignia and moves at speeds of 25
				mph or less.
In order to operate a motorcycle a driver must have a
				  motorcycle endorsement.
E Any vehicle or combination of vehicles described in
				  18.19.5.112 NMAC (vehicle drivers
				  excluded from the requirement to hold a commercial driver's license) and any
				  class D vehicle. In order to operate a motorcycle a driver must have a
				  motorcycle endorsement.
M Two- or three-wheeled motorcycles. This classification of
				  license must have an endorsement of "Z", "Y" or "W" to be valid. This class of
				  license is issued to drivers who drive only a motorcycle vehicle.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 19 - MOTOR VEHICLE PROCEDURES, LICENSES, PERMITS › Part 5 - DRIVER'S LICENSE › Section 18.19.5.31 - DRIVER LICENSE ENDORSEMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
Driver's licenses, other than licenses issued under the New
				  Mexico Commercial Driver's License Act, may be issued with one of the following
				  endorsements:
Endorsement Authorizes Licensee to Operate
Z Any two- or three-wheeled motorcycle with an engine of less
				  than 50 cubic centimeters piston displacement.
Y Any two- or three-wheeled motorcycle with an engine of at
				  least 50 but less than 100 cubic centimeters piston displacement.
W Any two- or three-wheeled motorcycle with an engine of 100
				  or more cubic centimeters piston displacement.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 19 - MOTOR VEHICLE PROCEDURES, LICENSES, PERMITS › Part 5 - DRIVER'S LICENSE › Section 18.19.5.32 - DRIVER LICENSE RESTRICTIONS

Current through Register Vol. 35, No. 13, July 16, 2024
Driver's licenses, other than licenses issued under the New
				  Mexico Commercial Driver's License Act, may be issued with one or more of the
				  following restrictions:
Restriction Code Restriction
B Driver must wear corrective lenses while driving.
C Driver limited to vehicles equipped with suitable
				  mechanical aids such as special brakes, hand controls or other adaptive
				  devices.
D Driver must use prosthetic aids (other than corrective
				  lenses) while driving, except as otherwise provided in Subsection C of
				  18.19.5.33 NMAC.
E Driver limited to vehicles with automatic
				  transmissions.
F Driver limited to vehicles with outside mirrors.
G Driver limited to driving a vehicle during daylight hours
				  only.
H Driver limited to driving a vehicle for employment reasons
				  only.
I Limited - other.