Chapter 66 — Chapter 66

Articles 1 through 8 of Chapter 66 NMSA 1978 [except 66-7-102.1 NMSA 1978] may be cited as the "Motor Vehicle Code". History: 1953 Comp., § 64-1-1, enacted by Laws 1978, ch. 35, § 1.

If any part or application of the Motor Vehicle Code is held invalid, the remainder, or its application to other situations or persons, shall not be affected. History: 1953 Comp., § 64-1-2, enacted by Laws 1978, ch. 35, § 2.

A. All valid certificates of title issued under the provisions of previously existing laws shall continue in effect and shall be considered as having been issued under the provisions of the Motor Vehicle Code. B. All registration cards and registration plates issued under the pro…

A. Sections 66-1-4.1 through 66-1-4.20 NMSA 1978 define terms for general purposes of the Motor Vehicle Code. When in a specific section of the Motor Vehicle Code a different meaning is given for a term defined for general purposes in Sections 66-1-4.1 through 66-1-4.20 NMSA 1978…

As used in the Motor Vehicle Code: A. "abandoned vehicle" means a vehicle or motor vehicle that has been determined by a New Mexico law enforcement agency: (1) to have been left unattended on either public or private property for at least thirty days; (2) not to have been reporte…

As used in the Motor Vehicle Code: A. "laned roadway" means a roadway that is divided into two or more clearly marked lanes for vehicular traffic; B. "law enforcement agency designated by the division" means the law enforcement agency indicated on the dismantler's notification fo…

As used in the Motor Vehicle Code: A. "mail" means any item properly addressed with postage prepaid delivered by the United States postal service or any other public or private enterprise primarily engaged in the transport and delivery of letters, packages and other parcels; B. "…

As used in the Motor Vehicle Code: A. "natural gas vehicle" means a vehicle operated by an engine that primarily uses natural gas; B. "neighborhood electric car" means a four-wheeled electric motor vehicle that has a maximum speed of more than twenty miles per hour but less than …

As used in the Motor Vehicle Code: A. "odometer" means a device for recording the total mileage traveled by a vehicle from the vehicle's manufacture and for so long as the vehicle is operable on the highways; B. "off-highway motor vehicle" means any motor vehicle operated or used…

As used in the Motor Vehicle Code: A. "park" or "parking" means the standing of a vehicle, whether occupied or not, other than temporarily for the purpose of and while actually engaged in loading and unloading; B. "parking lot" means a parking area provided for the use of patrons…

As used in the Motor Vehicle Code: A. "railroad" means a carrier of persons or property upon cars operated upon stationary rails; B. "railroad sign or signal" means any sign, signal or device erected by authority of a public body or official or by a railroad and intended to give …

As used in the Motor Vehicle Code: A. "safety glazing materials" means glazing materials constructed, treated or combined with other materials to reduce substantially, in comparison with ordinary sheet glass or plate glass, the likelihood of injury to persons by objects from exte…

As used in the Motor Vehicle Code: A. "tank vehicle" means a motor vehicle that is designed to transport any liquid or gaseous material within a tank that is either permanently or temporarily attached to the vehicle or the chassis and that has either a gross vehicle weight rating…

As used in the Motor Vehicle Code: A. "unclaimed vehicle or motor vehicle" means a vehicle or motor vehicle that has been placed in an impound lot by a law enforcement agency or removed to any storage lot by a property owner, and to which no owner or lienholder of record has asse…

As used in the Motor Vehicle Code: A. "validating sticker" means the tab or sticker issued by the division to signify, upon a registration plate, renewed registration; B. "vehicle" means every device in, upon or by which any person or property is or may be transported or drawn up…

As used in the Motor Vehicle Code: A. "bicycle" means every device propelled by human power upon which any person may ride, having two tandem wheels, except scooters and similar devices; B. "bureau" means the traffic safety bureau of the department of transportation; C. "bus" mea…

As used in the Motor Vehicle Code: A. "wholesaler" means any person, except a person making a casual sale of the person's own vehicle, who sells or offers for sale vehicles of a type subject to registration in this state, to a vehicle dealer who is licensed under the Motor Vehicl…

As used in the Motor Vehicle Code: A. "evidence of registration" means any documentation issued by the department identifying a motor carrier vehicle as being registered with New Mexico or documentation issued by another state pursuant to the terms of a multistate agreement on re…

As used in the Motor Vehicle Code: A. "camping body" means a vehicle body primarily designed or converted for use as temporary living quarters for recreational, camping or travel activities excluding recreational vehicles unless used in commerce; B. "camping trailer" means a camp…

As used in the Motor Vehicle Code: A. "data element" means a distinct component of a customer's information that is found on the department's customer record; B. "day" means calendar day, unless otherwise provided in the Motor Vehicle Code; C. "dealer", except as specifically exc…

As used in the Motor Vehicle Code: A. "electric-assisted bicycle" means a vehicle having two or three wheels, fully operable pedals and an electric motor. Electric-assisted bicycles are classified as follows: (1) "class 1 electric-assisted bicycle" means an electric-assisted bicy…

As used in the Motor Vehicle Code: A. "farm tractor" means every motor vehicle designed and used primarily as a farm implement for drawing plows, mowing machines and other implements of husbandry; B. "financial responsibility" means the ability to respond in damages for liability…

As used in the Motor Vehicle Code: A. "gross combination vehicle weight" means the total of the gross vehicle weights of all units of a combination; B. "gross combination weight rating" means the value specified by the manufacturer as the loaded weight of a combination; however, …

As used in the Motor Vehicle Code: A. "hazardous material" means a substance or material in a quantity and form that may pose an unreasonable risk to health, safety or property when transported in commerce; B. "highway" or "street" means every way or place generally open to the u…

As used in the Motor Vehicle Code: A. "identification card" means a document issued by the department or the motor vehicle administration of a state or other jurisdiction recognized under the laws of New Mexico that identifies the holder and includes a REAL ID-compliant identific…

Whenever any provision of the Motor Vehicle Code or regulations promulgated thereunder refers to weight, height, length, width or speed in English units of measurement, it also refers to the metric equivalent of those units or, when adopted, to the metric substitutes for those un…

A. The director and officers of the division designated by him shall have authority to summon witnesses to give testimony under oath or to give written deposition upon any matter under the jurisdiction of the division. Such summons may require the production of relevant books, pa…

Whenever the department or the administrative hearings office is authorized or required to give any notice under the Motor Vehicle Code or any other law regulating the operation of vehicles, unless a different method of giving notice is otherwise expressly prescribed, notice shal…

A. The director and such officers, deputies and inspectors of the division as he shall designate by the issuance of credentials shall have the powers: (1) of peace officers for the purpose of enforcing the provisions of the Motor Vehicle Code [66-1-1 NMSA 1978]; (2) to make arres…

It is the duty of the attorney general to render to the director such legal services as he requires in the discharge of his duties under the Motor Vehicle Code [66-1-1 NMSA 1978]. History: 1953 Comp., § 64-2-13, enacted by Laws 1978, ch. 35, § 17.

A. Whenever the secretary deems it necessary for the purpose of effecting economy in carrying out the functions of the department and for the purpose of providing necessary service to the people of this state, the secretary may appoint agents to receive applications for registrat…

A. Any class A county or municipality within a class A county that has adopted an ordinance for a vehicle emission inspection and maintenance program pursuant to Subsection C of Section 74-2-4 NMSA 1978 may be designated by the department as an agent for the registration and re-r…

bonds for agents or department employees. Agents or department employees shall remit all money received by them in the carrying out of the duty imposed upon them by the Motor Vehicle Code [66-1-1 NMSA 1978], including administrative fees. The agents' reports are subject to audit …

optional fees; appropriation. A. The department and its agents shall collect an administrative fee to defray the department's costs of operation and of rendering service to the public. The fee shall be two dollars ($2.00) for each transaction performed by an agent or the departme…

The vehicle registration form in use as of January 1, 2013 shall include a check-off option for a driver who wishes to contribute to the veterans' enterprise fund for a one- dollar ($1.00) or a five-dollar ($5.00) fee in addition to the registration fees required by the division.…

A. Unless a more specific provision for review exists, any person may dispute the denial of, or failure to either allow or deny, any license, permit, placard or registration provided for under the Motor Vehicle Code by filing with the secretary a written protest against the actio…

inclusion in vehicle record system and national crime information center system. A. The department shall create and maintain a statewide registry referred to as the "nontraditional communication or disability registry" to identify motor vehicles that may be driven or occupied by …

A. The department is vested with the power and is charged with the duty of observing, administering and enforcing the Motor Vehicle Code [66-1-1 NMSA 1978] in cooperation with state and local agencies as provided by law and the provisions of law now existing or hereinafter enacte…

ANNOTATIONS Repeals. — Laws 1995, ch. 31, § 7 repealed 66-2-3.1 NMSA 1978, as enacted by Laws 1991, ch. 160, § 6, relating to issuance of administrative regulations, rulings, instructions and orders by the secretary, effective July 1, 1995. For provisions of former section, see t…

ANNOTATIONS Repeals. — Laws 1991, ch. 160, § 22 repealed 66-2-4 NMSA 1978, as enacted by Laws 1978, ch. 35, § 8, relating to office of division, effective July 1, 1991. For provisions of former section, see the 1990 NMSA 1978 on NMOneSource.com.

A. The director shall prescribe and provide suitable forms of applications, certificates of title, evidences of registration, driver's licenses and all other forms requisite or deemed necessary to carry out the provisions of the Motor Vehicle Code and any other laws, the enforcem…

Officers and employees of the department designated by the secretary or secretary's delegate are, for the purpose of administering the motor vehicle laws, authorized to administer oaths and acknowledge signatures. History: 1953 Comp., § 64-2-6, enacted by Laws 1978, ch. 35, § 10;…

A. All records of the department relating to the administration and enforcement of the Motor Vehicle Code [66-1-1 NMSA 1978] and any other law relating to motor vehicles, the administration and enforcement of which is charged to the department, other than those declared by law to…

A. It is unlawful for any department or bureau employee or contractor or for any former department or bureau employee or contractor to disclose to any person other than another employee of the department or bureau any personal information about an individual obtained by the depar…

databases; distribution to motor vehicle suspense fund. The department shall remit royalties and other consideration paid by commercial users of databases of motor vehicle-related records of the department pursuant to Subsection C of Section 14-3-15.1 NMSA 1978 to the motor vehic…

The division shall examine and determine the genuineness, regularity and legality of every application for registration of a vehicle, for a certificate of title therefor and for a driver's license, and of any other application lawfully made to the division. The division in all ca…

A. The division may take possession of any documents issued by it, including but not limited to any certificate of title, evidence of registration, permit, license or registration plate, upon expiration, revocation, cancellation or suspension thereof or that is fictitious or that…

A. With the exception of vehicles identified in Subsection B of this section, every motor vehicle, manufactured home, trailer, semitrailer and pole trailer when driven or moved upon a highway and every off-highway motor vehicle is subject to the registration and certificate of ti…

A. All motor carriers desiring and eligible for annual registration provisions relating to the international registration plan shall register their vehicles with the department. The department shall register all motor carriers who satisfy all New Mexico requirements relating to m…

Except as otherwise provided by law, the division shall register each truck, truck tractor, road tractor and bus required to be registered under the international registration plan or reciprocal agreements with other jurisdictions for a declared gross weight not to exceed the leg…