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54,212 sections across 3,422 New Mexico regulatory chapters.
R.18.19.4-18.19.4.40 RESERVED
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R.18.19.4-18.19.4.41 RESERVED
R.18.19.4-18.19.4.42 RESERVED
R.18.19.4-18.19.4.5 EFFECTIVE DATE
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Page 864 of 1085
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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.
R.18.19.4-18.19.4.50 ESTABLISHED PLACE OF BUSINESS - GENERAL
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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, mai…
R.18.19.4-18.19.4.51 ESTABLISHED PLACE OF BUSINESS - COMMON AREAS OR AREAS OPEN TO THE GENERAL PUBLIC NOT QUALIFIED
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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…
R.18.19.4-18.19.4.52 ESTABLISHED PLACE OF BUSINESS - PORTION OF BUILDING NOT QUALIFIED
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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…
R.18.19.4-18.19.4.53 ESTABLISHED PLACE OF BUSINESS - ONE LICENSE PER LOCATION -EXCEPTION
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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-…
R.18.19.4-18.19.4.54 ESTABLISHED PLACE OF BUSINESS - DISPLAY AND PARKING AREAS
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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 lo…
R.18.19.4-18.19.4.55 ESTABLISHED PLACE OF BUSINESS - MAINTENANCE AND STORAGE OF BOOKS AND RECORDS
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 an…
R.18.19.4-18.19.4.56 ESTABLISHED PLACE OF BUSINESS - BOOKS AND RECORDS MUST BE AVAILABLE FOR INSPECTION
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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, account…
R.18.19.4-18.19.4.57 ESTABLISHED PLACE OF BUSINESS - PROMINENT SIGNS REQUIRED AT ESTABLISHED AND ADDITIONAL PLACES OF BUSINESS
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 o…
R.18.19.4-18.19.4.6 OBJECTIVE
The objective of this part is to interpret, exemplify, implement and enforce the provisions of the Motor Vehicle Code.
R.18.19.4-18.19.4.7 DEFINITIONS
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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 pursuan…
R.18.19.4-18.19.4.8 APPLICATION FOR LICENSE - SURETY BONDS
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-…
R.18.19.4-18.19.4.9 APPLICATIONS FOR SUPPLEMENTAL LICENSE
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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 …
R.18.19.5-18.19.5.1 ISSUING AGENCY
Taxation and Revenue Department, Joseph M. Montoya Building, 1100 South St. Francis Drive, P.O. Box 630, Santa Fe NM 87504-0630.
R.18.19.5-18.19.5.10 DRIVER'S LICENSES - MEMBER OF A NATO FORCE
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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 …
R.18.19.5-18.19.5.100 COMMERCIAL DRIVER'S LICENSE - THIRD PARTY SKILLS TESTING
A. The department may enter into contracts with public agencies or private entities to administer the skills tests required by Section 66-5-60 NMSA 1978. Any such contract shall specify the area of the state for which the contractor is to provide the testing service, the frequenc…
R.18.19.5-18.19.5.101 COMMERCIAL DRIVER'S LICENSE - NOTIFICATION BY DRIVER
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A. Any driver who holds a class A, B or C driver's license issued by the department and who is convicted of a violation of a state law or local ordinance relating to motor vehicle traffic control, other than parking violations, shall notify the motor vehicle division by sending a…
R.18.19.5-18.19.5.102 COMMERCIAL DRIVER'S LICENSE - DISQUALIFICATION FOR VIOLATION OF OUT-OF-SERVICE ORDER
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As used in Section 66-5-71 NMSA 1978, "first violation" means the first violation within the ten-year period ending on the date of the driver's conviction of violating an out-of-service order.
R.18.19.5-18.19.5.103 COMMERCIAL DRIVER'S LICENSE - DISQUALIFICATION PURSUANT TO PARENTAL RESPONSIBILITY ACT - GENERAL - REINSTATEMENT SURCHARGE
A. The terms "suspension" or "revocation" as used in the Parental Responsibility Act (Laws 1995, Chapter 25) are equivalent to "disqualification" as that term is used in the New Mexico Commercial Driver's License Act. B. A disqualification pursuant to the Parental Responsibility …
R.18.19.5-18.19.5.104 RESERVED
R.18.19.5-18.19.5.105 RESERVED
R.18.19.5-18.19.5.106 COMMERCIAL DRIVER'S LICENSE - REDUCTION OF LIFETIME DISQUALIFICATION - GUIDELINES
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A. A driver who has been disqualified for life under Subsection C of Section 66-5-68 NMSA 1978 may apply to the department to have the disqualification period reduced to a period of not less than ten years after meeting the following guidelines and submitting a letter requesting …
R.18.19.5-18.19.5.107 COMMERCIAL DRIVER'S LICENSE - REDUCTION OF LIFETIME DISQUALIFICATION - REQUEST FOR HEARING - CONDUCT OF HEARING
A. Any driver who has requested a review of a lifetime disqualification, who is not satisfied with the decision of the director of the motor vehicle division may request an informal hearing. Requests for an informal hearing must be in writing and must be received by the motor veh…
R.18.19.5-18.19.5.108 COMMERCIAL DRIVER'S LICENSE - NO "EMPLOYMENT ONLY" COMMERCIAL DRIVER'S LICENSES
During any period in which an individual's commercial driver's license is suspended or revoked, if the individual is eligible for a limited driving privilege under Section 66-5-35 NMSA 1978, the limited driving privilege shall apply only to a Class D, E or M license. The limited …
R.18.19.5-18.19.5.109 COMMERCIAL DRIVER'S LICENSE - CONSEQUENCES OF SECOND DISQUALIFICATION FOR LIFE
A driver whose lifetime disqualification has been reduced to a period of not less than ten years under the provisions of this section and regulations thereunder who is again convicted of a violation resulting in a disqualification for life is not eligible to apply to the departme…
R.18.19.5-18.19.5.11 CONTRACTING DRIVER'S KNOWLEDGE AND SKILL TESTS
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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 t…
R.18.19.5-18.19.5.110 CANCELLATION OF COMMERCIAL DRIVER'S LICENSE FOR FALSE INFORMATION
Within ten days of discovery of the falsification, the department shall cancel the commercial driver's license of a driver who falsified any material information on any application or certification required to obtain that license. The driver is disqualified from applying for anot…
R.18.19.5-18.19.5.111 COMMERCIAL DRIVER'S LICENSE - COMMERCIAL DRIVER'S LICENSE TESTING
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A. A New Mexico commercial driver's license shall not be issued to any person who has not successfully completed the knowledge and skills tests specified by 18.19.5.111 NMAC. The knowledge tests for New Mexico are in two forms, form A and form B, for each of seven areas of knowle…
R.18.19.5-18.19.5.112 COMMERCIAL DRIVER'S LICENSE - VEHICLE DRIVERS EXCLUDED FROM THE REQUIREMENT TO HOLD A COMMERCIAL DRIVER'S LICENSE
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For purposes of licensing drivers of commercial vehicles and issuing commercial drivers licenses, the driver of one of the following vehicles is not required to have a commercial drivers license to operate such a vehicle upon the public roads and highways in New Mexico: A. Recrea…
R.18.19.5-18.19.5.113 COMMERCIAL DRIVER'S LICENSE - CLASSIFICATIONS OF COMMERCIAL DRIVER'S LICENSES
A. Commercial driver's licenses shall be issued under the following classifications: Class Vehicles Licensee Authorized to Operate A Any combination of vehicles with a gross combined vehicle weight rating of 26,001 or more pounds provided the gross vehicle weight rating of the ve…
R.18.19.5-18.19.5.114 COMMERCIAL DRIVER'S LICENSE - ENDORSEMENTS TO COMMERCIAL DRIVER'S LICENSES
A. Commercial driver's licenses may have one or more of the following endorsements: Endorsement Authorizes Licensee to Operate T Combination vehicles with double trailers. N A tank vehicle intended for hauling liquids in bulk. P Any vehicle designed to transport 16 or more passen…
R.18.19.5-18.19.5.115 COMMERCIAL DRIVER'S LICENSE - RESTRICTIONS TO COMMERCIAL DRIVER'S LICENSES
A. Commercial driver's licenses may have one or more of the following restrictions place upon the license: 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, …
R.18.19.5-18.19.5.116 COMMERCIAL DRIVER'S LICENSE - SPECIAL REQUIREMENTS FOR COMMERCIAL DRIVER'S LICENSE
A. Applicants for a commercial driver's license must be 21 years of age or older, and shall have a valid class D license in their possession. B. Drivers at least 18 but not over 21 years of age may apply for a commercial driver's license with restriction "K" on the license, which…
R.18.19.5-18.19.5.117 COMMERCIAL DRIVER'S LICENSE - RECIPROCITY
A. COMMERCIAL DRIVER'S LICENSE - RECIPROCITY WITH CANADA Pursuant to agreements entered into by the United States, reciprocity is also extended to any person who holds a commercial driver's license issued by the national government of Canada or any of the provinces of Canada if t…
R.18.19.5-18.19.5.118 INSTRUCTION PERMIT - PURPOSE - CRITERIA
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A. For purposes of 18.19.5.118 NMAC: (1) "alternative test" means a test provided by the PED or approved by the PED pursuant to its rules and procedures and administered in a public school, non-public school or by a home school operator to measure a student's proficiency in readi…
R.18.19.5-18.19.5.12 REAL ID-COMPLIANT DRIVER'S LICENSES AND IDENTIFICATION CARDS FOR UNITED STATES CITIZENS, UNITED STATES NATIONALS OR PERMANENT RESIDENT ALIENS
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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, a…
R.18.19.5-18.19.5.13 RESERVED
R.18.19.5-18.19.5.14 REAL ID-COMPLIANT DRIVER'S LICENSE AND IDENTIFICATION CARDS FOR LAWFUL UNITED STATES RESIDENTS
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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 doc…
R.18.19.5-18.19.5.15 STANDARD DRIVER'S LICENSE OR STANDARD IDENTIFICATION CARD THAT IS NOT ACCEPTABLE FOR FEDERAL PURPOSES
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A. Applicants for a New Mexico standard license or standard identification card that is not acceptable for federal purposes must provide documentary proof of their identity, indication of sex, age and New Mexico residency. B. Proof of identity and age: To establish identity and a…
R.18.19.5-18.19.5.2 SCOPE
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.
R.18.19.5-18.19.5.3 STATUTORY AUTHORITY
Section 9-11-6.2 NMSA 1978.
R.18.19.5-18.19.5.30 DRIVER LICENSE CLASSIFICATIONS
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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 …
R.18.19.5-18.19.5.31 DRIVER LICENSE ENDORSEMENTS
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 centime…
R.18.19.5-18.19.5.32 DRIVER LICENSE RESTRICTIONS
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…
R.18.19.5-18.19.5.33 RESTRICTED LICENSE - INTRASTATE COMMERCIAL DRIVING
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A. A restricted license in Class A, B or C may be issued to an applicant who does not meet the medical requirements for a license issued under the New Mexico Commercial Driver's License Act if the applicant applies for and is granted a waiver pursuant to 18.19.5.33 NMAC. B. A res…
R.18.19.5-18.19.5.34 SHORTENING OF LICENSURE PERIOD
A. The division, whenever good cause appears, may issue a restricted license that has a shortened licensure period pursuant to Section 66-5-19 NMSA 1978. The licensure period for a restricted license may be shortened to a period of less than one year depending on the nature of th…
R.18.19.5-18.19.5.4 DURATION
Permanent.