reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 17 - NAVIGATION AND BOATING › Part 3 - CONSTRUCTION VISITOR PROVISIONS › Section 18.17.3.17 - INSPECTIONS, REMOVAL FOR VIOLATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Boat docks are subject to inspection by
				the division, or its authorized agents, without notice, at reasonable times.
				Boat dock owners shall also allow entities permitting or approving docks to
				conduct inspections in accordance with that entity's guidelines. If there are
				no such guidelines, the mandatory inspection guidelines in Subsection C of
				18.17.3.17 NMAC shall be followed.
B. Boat dock owners and boat docks shall
				comply with 18.17.3 NMAC and any requirements contained in a permit at all
				times.
C. Boat dock owners shall
				have their boat docks inspected every five years by an RPE at their own
				expense. Inspections shall cover every component of the entire boat dock,
				including boat dock, catwalk, anchorage, winches, cable, decking and flotation
				material and encasements. After each inspection, boat dock owners shall submit
				a letter to the division signed and sealed by the RPE who conducted the
				inspection stating that the entire boat dock meets or exceeds the design
				standards set forth in 18.17.3 NMAC.
D. Failure to complete inspections, follow
				inspection guidelines set forth above, or to correct any violations of 18.17.3
				NMAC within 30 days of receipt of written notice, may result in the division or
				permitting entity requiring removal of the boat dock at the boat dock owner's
				expense.
E. The division or
				permitting entity may remove boat docks that become hazards to navigation at
				the boat dock owner's expense.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 17 - NAVIGATION AND BOATING › Part 3 - CONSTRUCTION VISITOR PROVISIONS › Section 18.17.3.18 - REMOVAL OF BOAT DOCKS

Current through Register Vol. 35, No. 13, July 16, 2024
When a boat dock is removed for any reason whatsoever,
				  including at the initiative of the boat dock owner or at the direction of the
				  division or permitting entity, the boat dock owner is responsible for the
				  complete removal of the entire boat dock including the boat dock, catwalk,
				  anchoring system, cables, floats and any other related components or materials
				  installed in conjunction with the construction, maintenance or use of the boat
				  dock.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 17 - NAVIGATION AND BOATING › Part 3 - CONSTRUCTION VISITOR PROVISIONS › Section 18.17.3.19 - SPECIAL RULINGS, ADDITIONAL REQUIREMENTS AND VARIANCES

Current through Register Vol. 35, No. 13, July 16, 2024
Where conditions on a lake or at a proposed boat dock
				  location warrant, the division in the reasonable exercise of its discretion,
				  may make special rulings, impose additional requirements and allow appropriate
				  variances from 18.17.3 NMAC. In addressing these matters, the division may take
				  into consideration, without limitation: applicable federal, state and local
				  statutes, regulations, rules and ordinances; agreements with other public
				  agencies and private parties, including concessionaires; the purposes for which
				  the state park and the lake were created; the management plan for the state
				  park; the health, safety and welfare of other users; and activities at the lake
				  and state park, including the impact on boating, fishing and other recreation
				  activities; and conditions at a given location.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 17 - NAVIGATION AND BOATING › Part 3 - CONSTRUCTION VISITOR PROVISIONS › Section 18.17.3.20 - EMERGENCY USE BY PUBLIC AGENCIES

Current through Register Vol. 35, No. 13, July 16, 2024
Boat dock owners shall allow the division, any other entity
				  permitting or approving the boat dock, law enforcement agencies, fire
				  departments and emergency personnel to access and use a boat dock for emergency
				  purposes, without charge or other compensation, or liability for such
				  use.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 17 - NAVIGATION AND BOATING › Part 4 - BOATING SAFETY EDUCATION › Section 18.17.4.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This part applies to persons born on or after January 1, 1989
				  who operate a motorboat on the state's waters, motorboat rental and leasing
				  businesses and boating safety course providers.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 17 - NAVIGATION AND BOATING › Part 4 - BOATING SAFETY EDUCATION › Section 18.17.4.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
NMSA 1978, Section
				  66-12-18.1
				  directs the energy, minerals and natural resources department, state parks
				  division to adopt safe boating education rules.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 17 - NAVIGATION AND BOATING › Part 4 - BOATING SAFETY EDUCATION › Section 18.17.4.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
January 1, 2007, unless a later date is cited at the end of a
				  section.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 17 - NAVIGATION AND BOATING › Part 4 - BOATING SAFETY EDUCATION › Section 18.17.4.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
This part's objective is to set forth rules that require
				  motorboat operators born on or after January 1, 1989 to have and present
				  evidence of successful completion of an approved course on safe boating and
				  prohibit motorboat rental and leasing businesses from renting or leasing a
				  motorboat to persons born on or after January 1, 1989 who cannot present
				  evidence of successful completion of an approved course on safe boating, unless
				  the rental agent provides instructions to the authorized operator of the rented
				  or lease motorboat concerning the motorboats' safe operation. This part also
				  requires motorboat rental and leasing businesses to maintain certain rental or
				  lease records.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 17 - NAVIGATION AND BOATING › Part 4 - BOATING SAFETY EDUCATION › Section 18.17.4.8 - BOATER EDUCATION CARD

Current through Register Vol. 35, No. 13, July 16, 2024
A. A
				person born on or after January 1, 1989 who operates a motorboat on the state's
				waters shall possess a division-issued boater education card and have it
				onboard the motorboat during its operation unless the person:
(1) possesses and has onboard the motorboat a
				valid marine operator license issued by the United States coast guard that
				covers the motorboat being operated;
(2) is legally operating a motorboat that is
				exempt from vessel registration requirements and applicable rules and is being
				used for law enforcement or official government business;
(3) is not a New Mexico resident and
				possesses and has onboard the motorboat a current boater education card or
				certificate issued by another state or country whose requirements meet NASBLA
				minimum standards;
(4) has
				purchased the motorboat within the prior 30 days, and possesses and has onboard
				the motorboat the bill of sale or motorboat registration that documents the
				purchase date; or
(5) is renting a
				motorboat for a period not exceeding 30 consecutive days, is an authorized
				operator of the rental motorboat and has reviewed and received the information
				listed in Subsection B of 18.17.4.13 NMAC from the rental agent.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 17 - NAVIGATION AND BOATING › Part 4 - BOATING SAFETY EDUCATION › Section 18.17.4.9 - BOATER EDUCATION REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A person required to possess a boater education card shall
				  meet the following minimum standards:
A. successful completion of a boating safety
				course with a passing score of at least 80 percent on a written test
				administered by the course instructor at the course's conclusion;
B. successful completion of a correspondence
				internet course with a passing score of at least 80 percent on the self
				administered test;
C. possession of
				a certificate, card or other document issued by another state or country whose
				requirements meet NASBLA minimum standards;
D. successful completion of an equivalency
				exam with a passing score of at least 80 percent;
E. possession of a United States coast guard
				motorboat operator's license; or
F.
				possession of a license to operate a vessel issued by the United States coast
				guard for maritime personnel pursuant to 46 CFR Part 10, as may be amended, or
				a maritime certificate issued by the Canadian government.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 17 - NAVIGATION AND BOATING › Part 4 - BOATING SAFETY EDUCATION › Section 18.17.4.10 - COURSE PROVIDER ACCREDITATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. To become an approved course provider
				persons shall apply with the division's Santa Fe office on a division-approved
				form that includes the course provider's name, address and phone number; the
				names of all instructors; the dates the provider would offer the course;
				proposed course content, and whether the provider will offer the course in
				person or on the internet as well as documentation that NASBLA has approved the
				proposed course. The division shall deny or approve the application within 30
				days after its receipt, or if the division requires more time it shall notify
				the applicant of the reason and shall approve or reject the application as soon
				as possible.
B. In approving a
				course provider the division shall:
(1) follow
				the NASBLA process for course review and approval and shall review each course
				the person proposes to provide;
(2)
				require the person or organization use the NASBLA testing standards for exam
				questions;
(3) require the person
				or organization use the division-created question pool that meets NASBLA
				examination questions standards and covers New Mexico state boating laws and
				rules; and
(4) require the person
				or organization to meet any additional requirements the division may have
				regarding the course presentation, course marketing, examination process, or
				data security.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 17 - NAVIGATION AND BOATING › Part 4 - BOATING SAFETY EDUCATION › Section 18.17.4.11 - APPLICATION FOR A BOATER EDUCATION CARD

Current through Register Vol. 35, No. 13, July 16, 2024
A. To apply for a boater education card, a
				person shall submit to the division Santa Fe office a completed application
				that includes:
(1) the applicant's name,
				address, phone number, date of birth, applicant's signature and other
				information the division may need to process the application; and
(2) proof of competency document, containing
				the applicant's name, which shall include one of the following:
(a) a copy of the original certificate issued
				by the United States power squadrons, United States coast guard auxiliary, the
				division or other approved course provider;
(b) evidence that the applicant has
				successfully passed an equivalency exam;
(c) a Canadian pleasure craft operator's
				card;
(d) a copy of the original
				certificate, card or other official document issued by another state or country
				whose requirements meet NASBLA minimum standards;
(e) a copy of an original United States coast
				guard motorboat operator's license, either valid or expired;
(f) a copy of a valid license to operate a
				vessel issued by the United States coast guard for maritime personnel pursuant
				to 46 CFR Part 10, as may be amended, or a maritime certificate issued by the
				Canadian government.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 17 - NAVIGATION AND BOATING › Part 4 - BOATING SAFETY EDUCATION › Section 18.17.4.12 - REPLACEMENT BOATER EDUCATION CARD

Current through Register Vol. 35, No. 13, July 16, 2024
A. A person may request a replacement boater
				education card from the division if the person:
(1) has legally changed his or her name;
				or
(2) has had his or her boater
				education card lost, stolen or destroyed.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 17 - NAVIGATION AND BOATING › Part 4 - BOATING SAFETY EDUCATION › Section 18.17.4.13 - RENTAL AGENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A person in the business of renting or leasing motorboats for
				  a period not exceeding 30 days shall:
A. ensure that a person born on or after
				January 1, 1989 and who will rent or be an authorized operator of the rental
				motorboat meet the requirements in 18.17.4.8 NMAC and not rent the motorboat or
				allow the person to be an authorized operator if the person does not meet those
				requirements;
B. provide each
				authorized operator of the rental motorboat instructions regarding the
				motorboat's safe operation, which shall include the dockside safety checklist
				that includes such information as a sail/float plan, emergency preparedness,
				pre-departure maintenance check, required equipment check, handling/loading
				specifications and weather forecast and a summary of the statutes and rules
				governing the motorboat's operation;
C. ensure that each person who rents the
				motorboat and all authorized operators:
(1)
				review, initial and sign the dockside safety checklist in the rental agent's
				presence before they operate the rental motorboat; and
(2) retain the issued copy of the dockside
				safety checklist onboard while operating the rental motorboat; and
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 18 - MOTOR VEHICLE ADMINISTRATION › Part 4 - PARENTAL RESPONSIBILITY ACT COMPLIANCE › Section 18.18.4.1 - 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 18 - MOTOR VEHICLE ADMINISTRATION › Part 4 - PARENTAL RESPONSIBILITY ACT COMPLIANCE › Section 18.18.4.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
The Taxation and Revenue Department, Motor Vehicle Division,
				  adopts this Rule pursuant to the Parental Responsibility Act, Section
				  40-5A-1 et
				  seq., NMSA 1978, Section
				  9-11-6.2,
				  NMSA 1978, and Sections 66-2-16(E) and
				  66-2-17,
				  NMSA 1978.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 18 - MOTOR VEHICLE ADMINISTRATION › Part 4 - PARENTAL RESPONSIBILITY ACT COMPLIANCE › Section 18.18.4.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
6/30/03, 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 18 - MOTOR VEHICLE ADMINISTRATION › Part 4 - PARENTAL RESPONSIBILITY ACT COMPLIANCE › Section 18.18.4.6 - 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 and Parental
				  Responsibility Act.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 18 - MOTOR VEHICLE ADMINISTRATION › Part 4 - PARENTAL RESPONSIBILITY ACT COMPLIANCE › Section 18.18.4.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
The terms defined in Section 18.18.4.7 NMAC apply throughout
				  Title 18, Chapter 18, Part 4.
A. "HSD"
				means the state of New Mexico human services department;
B. "MVD" means the motor vehicle division of
				the state of New Mexico taxation and revenue department;
C. "certificate of compliance" means a
				certified statement from HSD stating that a licensee is in compliance with a
				judgment and order for support or in compliance with a subpoena or warrant
				relating to paternity or child support proceedings;
D. "notice of intent to suspend driver's
				license and right to a hearing" means a written statement that MVD intends to
				suspend or not renew a driver's license, the basis for the proposed suspension,
				and the process afforded a licensee by MVD or HSD; and
E. "license" means an individual driver's
				license or a commercial driver's license.
F. All other terms in Title 18, Chapter 18,
				Part 4 shall have the same meaning as they have in the Parental Responsibility
				Act or the Motor Vehicle Code, except that the term "board" shall mean the MVD
				or its designate.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 18 - MOTOR VEHICLE ADMINISTRATION › Part 4 - PARENTAL RESPONSIBILITY ACT COMPLIANCE › Section 18.18.4.8 - MVD ACTION

Current through Register Vol. 35, No. 13, July 16, 2024
If a licensee is not in compliance with a valid judgment and
				  order for support or is not in compliance with a subpoena or a warrant relating
				  to paternity or child support proceedings, MVD shall:
A. deny the renewal of a license;
B. suspend the license; or
C. deny any application for a
				license.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 18 - MOTOR VEHICLE ADMINISTRATION › Part 4 - PARENTAL RESPONSIBILITY ACT COMPLIANCE › Section 18.18.4.9 - CERTIFIED LIST

Current through Register Vol. 35, No. 13, July 16, 2024
Upon receipt of an HSD-certified list of obligors not in
				  compliance, MVD shall match the certified list against the current list of MVD
				  licensees. If a listed MVD licensee appears on the HSD-certified list of
				  obligors not in compliance, then MVD shall mail to a licensee or licensees a
				  notice of proposed non-renewal or suspension. By the end of the month in which
				  the certified list is received, MVD shall report to HSD the names of MVD
				  licensees who are on HSD's certified list of obligors and any action MVD has
				  taken in connection with such licensees.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 18 - MOTOR VEHICLE ADMINISTRATION › Part 4 - PARENTAL RESPONSIBILITY ACT COMPLIANCE › Section 18.18.4.10 - NOTICE

Current through Register Vol. 35, No. 13, July 16, 2024
Prior to taking any action specified in Section
				  18.18.4.8
				  NMAC, MVD or HSD shall mail to the licensee a written notice stating that MVD
				  has grounds to take MVD action, and that MVD shall suspend or deny a license or
				  renewal unless the licensee:
A. files
				a timely written request for hearing protesting the proposed suspension or
				denial within thirty (30) days from the date the notice is mailed; or
B. provides MVD, within thirty (30) days from
				the date the notice is mailed, with a certificate of compliance from
				HSD.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 18 - MOTOR VEHICLE ADMINISTRATION › Part 4 - PARENTAL RESPONSIBILITY ACT COMPLIANCE › Section 18.18.4.12 - ISSUES

Current through Register Vol. 35, No. 13, July 16, 2024
The issues to be decided at the hearing are limited to
				  whether:
A. the licensee is in
				compliance with a judgment and order for support;
B. the licensee is in compliance with a
				subpoena or warrants relating to paternity or child support proceedings;
				or
C. the licensee is the person
				whose name appears on the certified list sent to MVD from HSD.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 18 - MOTOR VEHICLE ADMINISTRATION › Part 4 - PARENTAL RESPONSIBILITY ACT COMPLIANCE › Section 18.18.4.13 - EVIDENCE AND PROOF

Current through Register Vol. 35, No. 13, July 16, 2024
A. In any
				hearing under Title 18, Chapter 18, Part 4, relevant evidence shall be limited
				to the following:
(1) a valid certificate of
				compliance, if one has been issued between the date of the notice and the
				hearing date;
(2) evidence of
				compliance with a judgment or order of support, subpoena or warrant relating to
				paternity or child support proceedings to rebut the absence of a certificate of
				compliance in cases in which the licensee has cured any non-compliance with a
				judgment or order of support, subpoena or warrant after the notice date but
				before the date of hearing, and
(3)
				evidence that the licensee is not the same person as the person whose name
				appears on the certified list of obligors sent to MVD by HSD.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 18 - MOTOR VEHICLE ADMINISTRATION › Part 4 - PARENTAL RESPONSIBILITY ACT COMPLIANCE › Section 18.18.4.14 - ORDER

Current through Register Vol. 35, No. 13, July 16, 2024
An order entered under Title 18, Chapter 18, Part 4 solely
				  because the licensee is not in compliance with the judgment and order for
				  support or not in compliance with a subpoena or a warrant relating to paternity
				  or child support proceedings, the order shall provide that the license is to be
				  reinstated upon presentation of a subsequent certificate of compliance to MVD
				  and payment of applicable fees. MVD may order additional reasonable conditions
				  necessary to compel compliance with MVD requirements for reapplication or
				  reinstatement of lapsed licenses.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 18 - MOTOR VEHICLE ADMINISTRATION › Part 4 - PARENTAL RESPONSIBILITY ACT COMPLIANCE › Section 18.18.4.15 - APPEALS

Current through Register Vol. 35, No. 13, July 16, 2024
All appeals shall be filed in accordance with Section
				  39-1-1.1 NMSA 1978 and Rule 1-074 of the Rules of Civil Procedure for the
				  district courts.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 18 - MOTOR VEHICLE ADMINISTRATION › Part 4 - PARENTAL RESPONSIBILITY ACT COMPLIANCE › Section 18.18.4.16 - FEES

Current through Register Vol. 35, No. 13, July 16, 2024
MVD shall charge a twenty-five dollar ($25.00) fee to defray
				  the cost of conducting the hearing.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 18 - MOTOR VEHICLE ADMINISTRATION › Part 5 - EVIDENCE OF FINANCIAL RESPONSIBILITY TO BE CARRIED IN A MOTOR VEHICLE › Section 18.18.5.1 - 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 18 - MOTOR VEHICLE ADMINISTRATION › Part 5 - EVIDENCE OF FINANCIAL RESPONSIBILITY TO BE CARRIED IN A MOTOR VEHICLE › Section 18.18.5.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This Part applies to all owners of vehicles and all drivers
				  of vehicles.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 18 - MOTOR VEHICLE ADMINISTRATION › Part 5 - EVIDENCE OF FINANCIAL RESPONSIBILITY TO BE CARRIED IN A MOTOR VEHICLE › Section 18.18.5.3 - 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 18 - MOTOR VEHICLE ADMINISTRATION › Part 5 - EVIDENCE OF FINANCIAL RESPONSIBILITY TO BE CARRIED IN A MOTOR VEHICLE › Section 18.18.5.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
10/31/96, 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 18 - MOTOR VEHICLE ADMINISTRATION › Part 5 - EVIDENCE OF FINANCIAL RESPONSIBILITY TO BE CARRIED IN A MOTOR VEHICLE › Section 18.18.5.6 - 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 and Mandatory
				  Financial Responsibility Act.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 18 - MOTOR VEHICLE ADMINISTRATION › Part 5 - EVIDENCE OF FINANCIAL RESPONSIBILITY TO BE CARRIED IN A MOTOR VEHICLE › Section 18.18.5.8 - EVIDENCE OF FINANCIAL RESPONSIBILITY

Current through Register Vol. 35, No. 13, July 16, 2024
A. Evidence of financial responsibility
				required to be carried in a motor vehicle shall be executed by the owner or
				operator's insurer, surety or the New Mexico state treasurer, as appropriate.
				Except as otherwise provided in 18.18.5.8 NMAC, the evidence of financial
				responsibility must contain the following information:
(1) name and address of the insured or owner
				of the vehicle;
(2) year and make
				of the vehicle;
(3) vehicle
				identification number;
(4)
				insurance policy, surety bond or deposit number;
(5) effective date of the insurance policy,
				surety bond or deposit; and
(6)
				expiration date of the insurance policy, surety bond or deposit, if
				applicable.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 19 - MOTOR VEHICLE PROCEDURES, LICENSES, PERMITS › Part 1 - GENERAL PROVISIONS › Section 18.19.1.1 - 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 1 - GENERAL PROVISIONS › Section 18.19.1.3 - 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 1 - GENERAL PROVISIONS › Section 18.19.1.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
10/31/96, 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 1 - GENERAL PROVISIONS › Section 18.19.1.6 - 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 1 - GENERAL PROVISIONS › Section 18.19.1.7 - DEFINITIONS - "DEALER" INCLUDES CERTAIN BROKERS

Current through Register Vol. 35, No. 13, July 16, 2024
The term "dealer" includes those persons authorized under
				  Section
				  66-8-3.1
				  NMSA 1978 to broker a motor vehicle, other than those brokers excluded by
				  Paragraph (5) of Subsection B of Section
				  66-1-4.4
				  NMSA 1978. The term "dealer" includes those persons described in Subsection B
				  of Section
				  66-8-3.1
				  NMSA 1978.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 19 - MOTOR VEHICLE PROCEDURES, LICENSES, PERMITS › Part 1 - GENERAL PROVISIONS › Section 18.19.1.8 - SPECIAL NOTE - CITATION OF STATUTES

Current through Register Vol. 35, No. 13, July 16, 2024
Unless otherwise stated, all citations of statutes in
				  regulations promulgated by the taxation and revenue department pertaining to
				  the Motor Vehicle Code are to the New Mexico Statutes Annotated, 1978 (NMSA
				  1978).
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 19 - MOTOR VEHICLE PROCEDURES, LICENSES, PERMITS › Part 1 - GENERAL PROVISIONS › Section 18.19.1.9 - OPTIONAL SERVICE FEE

Current through Register Vol. 35, No. 13, July 16, 2024
Pursuant to Subsection E of Section
				  66-2-16
				  NMSA 1978, the following fees for optional services will be charged.
A. In addition to the fee imposed under
				Subsection C of Section
				66-3-6
				NMSA 1978, a fee of fifty cents ($0.50) will be charged for issuance of the
				security version of the temporary retail-sale permit.
B. A fee of five dollars ($5.00) will be
				charged for furnishing pleading forms for the district court action to restore
				a driver's privilege under Section
				66-8-112
				NMSA 1978.
C. The secretary may
				impose additional fees, not to exceed ten dollars ($10.00) per transaction, to
				recover the expenses associated with providing optional services for the
				convenience of the motoring public. These fees will only be charged to persons
				taking advantage of the service.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 19 - MOTOR VEHICLE PROCEDURES, LICENSES, PERMITS › Part 1 - GENERAL PROVISIONS › Section 18.19.1.11 - REQUIREMENTS FOR ELECTRONIC ACCESS TO PERSONAL INFORMATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. All electronic access to vehicle
				registration, driver's license or other data collected and maintained by the
				department pursuant to the Motor Vehicle Code that contains "personal
				information", as that term is defined in Section
				66-1-4.14
				NMSA 1978, must utilize a data delivery system that meets the minimum
				requirements established by the department.
B. The department may require any person
				outside the department seeking electronic access to vehicle registration,
				driver's license or other data collected and maintained by the department
				pursuant to the Motor Vehicle Code that contains "personal information", as
				that term is defined in Section
				66-1-4.14
				NMSA 1978, to sign a written agreement regarding minimum technical
				requirements, the segregation and, where appropriate, suppression of personal
				information and creation of audit reports and other information so that the
				department may verify compliance with the requirements agreed to.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 19 - MOTOR VEHICLE PROCEDURES, LICENSES, PERMITS › Part 3 - REGISTRATIONS › Section 18.19.3.1 - 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 3 - REGISTRATIONS › Section 18.19.3.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
General public, persons registering or titling or who have
				  registered or titled motor vehicles and motor vehicle fee
				  agents.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 19 - MOTOR VEHICLE PROCEDURES, LICENSES, PERMITS › Part 3 - REGISTRATIONS › Section 18.19.3.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Sections
				  9-11-6.2
				  and
				  66-2-16
				  NMSA 1978.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 19 - MOTOR VEHICLE PROCEDURES, LICENSES, PERMITS › Part 3 - REGISTRATIONS › Section 18.19.3.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
3/15/96, 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 3 - REGISTRATIONS › Section 18.19.3.6 - 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 3 - REGISTRATIONS › Section 18.19.3.8 - SCHEDULE OF ADMINISTRATIVE SERVICE FEES

Current through Register Vol. 35, No. 13, July 16, 2024
A. In addition to any other fee specified by
				law, the administrative service fee authorized in Subsection A of Section
				66-2-16
				NMSA 1978 shall be charged on each of the following transactions:
(1) registration of a vehicle, except for:
(a) vehicles for which a special registration
				plate is issued under Sections
				66-3-409,
				66-3-411,
				66-3-412,
				66-3-414
				or
				66-3-421
				NMSA 1978; and
(b) vehicles owned
				by a government;
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 19 - MOTOR VEHICLE PROCEDURES, LICENSES, PERMITS › Part 3 - REGISTRATIONS › Section 18.19.3.9 - OPTIONAL SERVICE FEE

Current through Register Vol. 35, No. 13, July 16, 2024
In addition to the fee imposed under Subsection C of Section
				  66-3-6
				  NMSA 1978, a fee of fifty cents ($0.50) will be charged for issuance of the
				  security version of the temporary retail-sale permit.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 19 - MOTOR VEHICLE PROCEDURES, LICENSES, PERMITS › Part 3 - REGISTRATIONS › Section 18.19.3.10 - INSPECTORS OF VEHICLE IDENTIFICATION NUMBERS AND SAFETY EQUIPMENT

Current through Register Vol. 35, No. 13, July 16, 2024
A. The purpose of
				18.19.3.10 NMAC is to expedite the process of registering and titling motor
				vehicles by authorizing certain individuals (other than division employees) to
				perform the inspections of vehicle identification numbers and safety equipment
				required under Sections
				66-3-8
				and
				66-3-801
				through 887 NMSA 1978. To protect the public, certain conditions must be met by
				any individual desiring to become an inspector.
B. An "authorized inspector" is an
				individual, other than an officer or employee of the division, to whom the
				director has delegated, under the provisions of 18.19.3.10 NMAC, the authority
				to conduct specified inspections of vehicles.
C. For the purposes of Sections
				66-3-8
				and
				66-3-801
				through 887 NMSA 1978, the division will accept an inspection of vehicle
				identification numbers and safety equipment performed by an authorized
				inspector as if the inspection had been performed by one of its own officers or
				employees as long as the inspection was performed in accordance with the Motor
				Vehicle Code and the regulations thereunder and the policies of the
				division.
D. The director may
				appoint any individual to be an authorized inspector if that individual has met
				the requirements of 18.19.3.10 NMAC. Appointments may be made for specified
				periods of time. The director may terminate the appointment of any individual
				as an authorized inspector at any time, without prior notice or
				explanation.
E. Any individual
				desiring to become an authorized inspector must:
(1) be eighteen years of age or
				older;
(2) not have been convicted
				of a felony;
(3) demonstrate to the
				division's satisfaction that he or she has completed satisfactorily training
				in:
(a) conducting inspections of the
				standard vehicle identification number provided by the manufacturers
				and
(b) inspecting vehicles which
				have been assembled or re-assembled to verify that such vehicles have the
				safety equipment set forth in Sections
				66-3-801
				through
				66-3-887
				and
				66-7-401
				through
				66-7-416
				NMSA 1978 or as set forth by federal law or regulation; and
(4) post, in accordance with the
				Bond Surety Act (Sections
				10-2-13
				through
				10-2-16 NMSA
				1978), a bond in the amount of $30,000 which indemnifies and protects the
				division against any and all liability in the event that any person is injured
				or suffers property damage as a result of the actions of the individual in the
				performance of the duties delegated through 18.19.3.10 NMAC.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 19 - MOTOR VEHICLE PROCEDURES, LICENSES, PERMITS › Part 3 - REGISTRATIONS › Section 18.19.3.12 - SEAT BELT STANDARDS

Current through Register Vol. 35, No. 13, July 16, 2024
Safety belts, anchorages and the installation of the safety
				  belts and anchorages meeting the requirements of federal Motor Vehicle Safety
				  Standard Number 209 (seat belt assemblies-passenger cars, multipurpose
				  passenger vehicles, trucks, and buses) and federal Motor Vehicle Safety
				  Standard Number 210 (seat belt assembly anchorages-passenger cars, multipurpose
				  passenger vehicles, trucks, and buses) issued by the United States secretary of
				  transportation, which incorporate the specifications of the society of
				  automotive engineers, are accepted as approved.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 19 - MOTOR VEHICLE PROCEDURES, LICENSES, PERMITS › Part 3 - REGISTRATIONS › Section 18.19.3.13 - OFF-HIGHWAY MOTOR VEHICLES - AFFIXING OF REGISTRATION PLATES

Current through Register Vol. 35, No. 13, July 16, 2024
The registration plate issued by the department for an
				  off-highway motor vehicle shall be affixed to the rear of the motor vehicle in
				  the place provided by the manufacturer of the motor vehicle for the affixing of
				  registration plates. In the event that no place is specifically provided by the
				  manufacturer for the affixing of registration plates, the plate shall be
				  affixed to the rear of the off-highway motor vehicle so that it is easily
				  readable from a position ten feet to the rear center of the motor vehicle. In
				  the event it is not feasible to affix the registration plate to the rear of the
				  off-highway motor vehicle, the plate may be affixed to the dashboard or other
				  portion of the motor vehicle so that it is easily readable from outside the
				  motor vehicle.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 19 - MOTOR VEHICLE PROCEDURES, LICENSES, PERMITS › Part 3 - REGISTRATIONS › Section 18.19.3.14 - TEMPORARY OPERATION STICKER - USE OF STICKER TO DEFACE REGISTRATION PLATE

Current through Register Vol. 35, No. 13, July 16, 2024
A. The temporary
				operation sticker provided for in Section
				66-5-205.1
				NMSA 1978 shall be approximately 4 inches in height by 12 inches in width. The
				sticker shall consist of two sections separated by perforations.
(1) The first section shall be approximately
				4 inches in height and 8 inches in width; this section shall be affixed to the
				registration plate or the vehicle in accordance with 18.19.3.14 NMAC. This
				section shall be backed with a self-destruct adhesive material, such as the
				backing of "evidence tape". The background color shall be any highly luminous
				color, such as "day-glo" pink or orange; the lettering shall be black. Upon the
				face of the sticker, in letters at least one-half inch high, shall be printed
				the words: "uninsured vehicle". Information with respect to the purpose and
				usage of the sticker and other related material may also be printed. A space
				shall be provided for the law enforcement officer to write the expiration date
				of the temporary operation sticker.
(2) The second section shall be approximately
				four inches in height and 4 inches in width; this section shall be mailed or
				delivered to the division. Upon this section shall be printed the words
				"uninsured vehicle" in an appropriate size. Space shall be provided for the law
				enforcement officer to write the registration plate number of the vehicle and
				the expiration date of the temporary operation sticker.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 19 - MOTOR VEHICLE PROCEDURES, LICENSES, PERMITS › Part 3 - REGISTRATIONS › Section 18.19.3.15 - METRIC ODOMETERS

Current through Register Vol. 35, No. 13, July 16, 2024
A. In
				completing a title application, the seller may report the equivalent reading in
				miles of an odometer reading displayed in kilometers. For this purpose, one
				kilometer equals 0.6214 miles. In such a case the seller must attach to the
				application a document showing the actual kilometer reading of the odometer and
				the calculation of the conversion from kilometers to miles.
B. When federal law or regulation requires an
				odometer displaying kilometers to be replaced with an odometer displaying
				miles, the document required by 18.19.3.15 NMAC must include a statement that
				the odometer displaying miles has been set at the mileage shown by the
				conversion of kilometers to miles at the time the odometer was replaced and the
				document must be notarized.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 19 - MOTOR VEHICLE PROCEDURES, LICENSES, PERMITS › Part 3 - REGISTRATIONS › Section 18.19.3.16 - 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 18.19.3.17 - 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 3 - REGISTRATIONS › Section 18.19.3.18 - ATVS ARE OFF-ROAD VEHICLES

Current through Register Vol. 35, No. 13, July 16, 2024
All-terrain vehicles (ATVs) are off-road vehicles and must be
				  registered as such, whether or not the manufacturer supplies the New Mexico
				  dealer with a manufacturer's certificate of origin for the ATVs.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 19 - MOTOR VEHICLE PROCEDURES, LICENSES, PERMITS › Part 3 - REGISTRATIONS › Section 18.19.3.50 - SALVAGE-BRANDED TITLES - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
For the purposes of 18.19.3.50 through
				  18.19.3.53
				  NMAC:
A. "salvage-branded title" or
				"salvage title" means a title issued by the motor vehicle division which title
				indicates the subject vehicle is a salvage vehicle; and
B. "salvage vehicle" means a vehicle that
				meets the definition of a salvage vehicle as defined in Subsection C of Section
				66-1-4.16
				NMSA 1978 of the Motor Vehicle Code.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 19 - MOTOR VEHICLE PROCEDURES, LICENSES, PERMITS › Part 3 - REGISTRATIONS › Section 18.19.3.51 - SALVAGE-BRANDED TITLES - STOLEN VEHICLES

Current through Register Vol. 35, No. 13, July 16, 2024
A. A salvage-branded title need not be issued
				to a stolen but unrecovered vehicle.
B. If, subsequent to the recovery of a stolen
				vehicle, it is determined that it meets the definition of a salvage or
				non-repairable motor vehicle as set forth in Subsection C of Section
				66-1-4.16
				NMSA 1978 or Subsection A of Section
				66-1-4.12
				NMSA 1978, the owner must follow the procedures set forth in statute or
				regulation for obtaining a salvage title or non-repairable
				certificate.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 19 - MOTOR VEHICLE PROCEDURES, LICENSES, PERMITS › Part 3 - REGISTRATIONS › Section 18.19.3.52 - SALVAGE-BRANDED TITLES - SALVAGE VEHICLES

Current through Register Vol. 35, No. 13, July 16, 2024
A. A salvage-branded title must be issued to
				transfer title to a salvage vehicle.
B. In determining whether a vehicle is a
				salvage vehicle, only costs related to returning the vehicle to a road-worthy
				condition shall be included as costs of repairing the vehicle. Costs which are
				beyond those necessary to make a damaged vehicle safely operable on the
				highways, such as replacing a clear windshield with a tinted one or adding
				racing stripes, shall be excluded. Payments not related to the repair of the
				vehicle, such as compensation for medical costs, car rentals, lost work time
				and the like, shall also be excluded. Fair market value shall be that indicated
				for the make and model in the national automobile dealers association used car
				pricing guide, or equivalent publication, exclusive of the fair market value of
				accessories, such as a stereo system.
C. Example: The interior of a vehicle is
				vandalized. A stereo system is ripped out and destroyed; the interior is set on
				fire. The market value of the vehicle, exclusive of the stereo, is $1,000 prior
				to the incident. The stereo was worth $1,500. Costs of restoring the interior
				to allow safe operation on the highways is $800. This vehicle is not a salvage
				vehicle. The costs of repairing the vehicle so that it is safe to operate is
				$800, which is less than the $1,000 fair market value of the vehicle itself,
				exclusive of the stereo.
D. The
				declaration by an insurance company that a vehicle is a salvage or
				non-repairable vehicle makes the vehicle a salvage vehicle or non-repairable
				vehicle regardless of the relative amounts of repair costs versus fair market
				value.
E. Example: If, in the
				preceding example, an insurance company settled claims with respect to the
				vehicle for $2,200 and declared the vehicle a salvage or non-repairable
				vehicle, the vehicle is a salvage vehicle or non-repairable vehicle, depending
				on the determination of the insurance company, so long as that determination is
				not inconsistent with statutory definitions.