Chapter 66 — Chapter 66

Every licensee shall have the licensee's driver's license in its physical form in the licensee's immediate possession at all times when operating a motor vehicle and shall display the license in its physical form upon demand of a magistrate, a peace officer or a field deputy or i…

In any criminal prosecution, civil action or administrative proceeding charging violation of a statute, ordinance or regulation concerning the sale, consumption or possession of alcoholic beverages involving minors, proof that the person charged, in good faith, demanded and was s…

A. A person who uses or possesses an altered, forged or fictitious driver's license, permit or identification card is guilty of a misdemeanor. B. A person who alters or forges a driver's license, permit or identification card or who makes a fictitious driver's license, permit or …

A. The division, upon issuing a license, may, whenever good cause appears, impose restrictions, including the shortening of the licensure period suitable to the licensee's driving ability with respect to the type of or special mechanical control devices required on a motor vehicl…

A. Except those expressly exempted from the Motor Vehicle Code, no person shall drive any motor vehicle, neighborhood electric car or moped upon a highway in this state unless the person: (1) holds a valid license issued under the provisions of the Motor Vehicle Code; and (2) has…

applicability. A. Every male citizen of the state of New Mexico and every other male person residing in the state of New Mexico who, on the day or days fixed for the first or any subsequent Selective Service Act registration, is between the ages of eighteen and twenty-six shall c…

In the event that a permit or driver's license issued under the provisions of this article is lost, stolen, mutilated or destroyed, or in the event of a name or address change, the person to whom the permit or driver's license was issued may, upon payment of the required fee, obt…

Sections 66-5-201 through 66-5-239 NMSA 1978 may be cited as the "Mandatory Financial Responsibility Act". History: 1953 Comp., § 64-5-201, enacted by Laws 1978, ch. 35, § 277; 1983, ch. 318, § 1.

The legislature is aware that motor vehicle accidents in New Mexico can result in catastrophic financial hardship. The purpose of the Mandatory Financial Responsibility Act is to require residents of New Mexico who own and operate motor vehicles upon the highways of the state eit…

ANNOTATIONS Repeals. — Laws 1990, ch. 120, § 45 repealed 66-5-202 NMSA 1978, as enacted by Laws 1978, ch. 35, § 278, relating to definitions, effective July 1, 1990. For provisions of former section, see the 1989 NMSA 1978 on NMOneSource.com. For present comparable provisions, se…

The director shall: A. administer and enforce the provisions of the Mandatory Financial Responsibility Act and may make rules and regulations necessary for its administration; B. receive and consider any pertinent information upon request of persons aggrieved by his orders or act…

An owner of a motor vehicle registered in New Mexico who is aggrieved by the decision of the secretary made under the provisions of the Mandatory Financial Responsibility Act may appeal to the administrative hearings office for a hearing to be held within twenty days after the re…

financial responsibility; penalties. A. No owner shall permit the operation of an uninsured motor vehicle, or a motor vehicle for which evidence of financial responsibility as was affirmed to the department is not currently valid, upon the streets or highways of New Mexico unless…

followed at time of accident; subsequent procedures; insurer notification requirements; suspension procedures. A. When a law enforcement officer issues a driver who is involved in an accident a citation for failure to comply with the provisions of the Mandatory Financial Responsi…

ANNOTATIONS Repeals. — Laws 1991, ch. 174, § 1 repealed 66-5-205.2 NMSA 1978, as enacted by Laws 1989, ch. 214, § 2, relating to uninsured motorist involved in accident and procedures for reporting possible claim, effective June 14, 1991. For provisions of former section, see the…

A. A motor vehicle insurance policy shall: (1) designate by explicit description or by appropriate reference all motor vehicles to which coverage is to be granted; and (2) insure the person named in the policy and a person using any such motor vehicle with the express or implied …

responsibility prohibited; suspension required. A. The department shall not issue or renew the registration for any motor vehicle not covered by a motor vehicle insurance policy or by evidence of financial responsibility currently valid meeting the requirements of the laws of New…

The following motor vehicles are exempt from the Mandatory Financial Responsibility Act: A. a motor vehicle owned by the United States government, any state or any political subdivision of a state; B. an implement of husbandry or special mobile equipment that is only incidentally…

A. The superintendent of insurance shall issue a certificate of self-insurance to any applicant with motor vehicles registered in his name in this state, provided that the applicant has met the same criteria for self-insurance as set by the superintendent of insurance for workmen…

conditions. "Evidence of financial responsibility," as used in the Mandatory Financial Responsibility Act, means evidence of the ability to respond in damages for liability, on account of accidents occurring subsequent to the effective date of the evidence, arising out of the own…

"Judgment," as used in the Mandatory Financial Responsibility Act, means any judgment which becomes final by expiration without appeal of the time within which an appeal might have been perfected or by final affirmation on appeal rendered by a court of competent jurisdiction of a…

issuance period; eight-year issuance period; renewal. A. Except as provided in Subsections B through H of this section and Sections 66-5- 19 and 66-5-67 NMSA 1978, all licenses shall be issued for a period of four years, and each license shall expire four years after the effectiv…

A. Unless the license is suspended, canceled or revoked as provided by law, a driver's license issued by this state that is held by a person who is on active duty in the armed forces of the United States and is absent from this state, or is in this state only on leave status, rem…

A. Any two or more of the persons involved in or affected by a motor vehicle accident may at any time enter into a written settlement agreement for the payment of an agreed amount with respect to all claims of any of the persons because of bodily injury to or the death of any per…

Whenever any person fails within thirty days to satisfy any judgment, then upon the written request of the judgment creditor or his attorney it shall be the duty of the clerk of the court, or the judge of a court which has no clerk, in which any such judgment is rendered within t…

unregistered vehicles and accidents in other states. A. When a nonresident's operating privilege is suspended under the Mandatory Financial Responsibility Act and Sections 66-5-301 through 66-5-303 NMSA 1978, the division may transmit a certified copy of the record of such action…

If the judgment creditor or party to a settlement agreement consents in writing in such form as the division may prescribe that the judgment debtor or other party to a settlement agreement be allowed license and registration or nonresident's operating privilege, the same may be a…

A discharge in bankruptcy shall not relieve any person from any of the requirements of the Mandatory Financial Responsibility Act. History: 1953 Comp., § 64-24-78, enacted by Laws 1955, ch. 182, § 315; recompiled as 1953 Comp., § 64-5-221, by Laws 1978, ch. 35, § 297; 1978 Comp.,…

A. Judgments herein referred to shall, for the purpose of the Mandatory Financial Responsibility Act only, be deemed satisfied when: (1) twenty-five thousand dollars ($25,000) has been credited upon any judgment or judgments rendered in excess of that amount because of bodily inj…

A. A judgment debtor, upon due notice to the judgment creditor, may apply to the court in which the judgment was rendered for the privilege of paying the judgment in installments, and the court in its discretion and without prejudice to any other legal remedies which the judgment…

In the event the judgment debtor fails to pay any installment as specified by the order, upon notice of the default the division shall forthwith suspend the license, registration or nonresident's operating privilege of the judgment debtor until the judgment is satisfied as provid…

Evidence of financial responsibility, when required under the Mandatory Financial Responsibility Act, may be given by filing: A. evidence of a motor vehicle insurance policy; B. a surety bond as provided in Section 66-5-225 NMSA 1978; or C. a certificate of deposit of money as pr…

ANNOTATIONS Repeals. — Laws 1998, ch. 34, § 19 repealed 66-5-219 NMSA 1978, 1953 Comp. (§ 64-24-84), as enacted by Laws 1955, ch. 182, § 321; recompiled as 1953 Comp., § 64- 5-227, by Laws 1978, ch. 35, § 303; 1978 Comp., § 66-5-227, recompiled as 1978 Comp., § 66-5-219 by Laws 1…

A. Whenever a person, after applying for or receiving a driver's license, moves from the address named in the application or in the issued license or when the name of a licensee is changed by marriage or otherwise, the person shall, within ten days, notify the division of the new…

If any insurance carrier not authorized to transact business in New Mexico that has qualified to furnish evidence of financial responsibility defaults in any undertakings or agreements, the department shall not thereafter accept evidence of financial responsibility of that carrie…

ANNOTATIONS Repeals. — Laws 1998, ch. 34, § 19 repealed 66-5-221 NMSA 1978, 1953 Comp., § 64-5-230, as enacted by Laws 1978, ch. 35, § 306; 1978 Comp., § 66-5-230, recompiled as 1978 Comp., § 66-5-221 by Laws 1983, ch. 318, § 21, relating to certified motor vehicle liability poli…

Any motor vehicle insurance policy may be endorsed to exclude a named driver from coverage. The endorsement shall be signed by at least one named insured. Endorsements shall be substantially similar to the following form: "DRIVER EXCLUSION ENDORSEMENT Nothing herein contained sha…

ANNOTATIONS Repeals. — Laws 1998, ch. 34, § 19 repealed 66-5-223 NMSA 1978, 1953 Comp., § 64-5-232, enacted by Laws 1978, ch. 35, § 308; 1978 Comp., § 66-5-232, recompiled as 1978 Comp., § 66-5-223 by Laws 1983, ch. 318, § 22, relating to notice of cancellation or termination of …

A. The Mandatory Financial Responsibility Act does not apply to or affect policies of motor vehicle insurance against liability which may now or hereafter be required by any other law of New Mexico, and such policies, if they contain an agreement or are endorsed to conform with t…

Evidence of financial responsibility may be demonstrated by a surety bond of a surety company authorized to transact business within New Mexico. History: 1953 Comp., § 64-5-234, enacted by Laws 1978, ch. 35, § 310; 1978 Comp., § 66-5-234, recompiled as § 66-5-225 by Laws 1983, ch…

Evidence of financial responsibility may be demonstrated by the certificate of the state treasurer that the person named in the certificate has deposited with him sixty thousand dollars ($60,000) in cash. History: 1953 Comp., § 6A-24-93, enacted by Laws 1955, ch. 182, § 330; 1965…

The cash deposit provided for in Section 66-5-226 NMSA 1978 shall be held by the state treasurer to satisfy, in accordance with the provisions of the Mandatory Financial Responsibility Act, any execution on a judgment issued against the person making the deposit, for damages, inc…

The department shall consent to the cancellation of any bond or the department shall direct and the state treasurer shall return any money to the person entitled thereto upon the substitution and acceptance of any other adequate evidence of financial responsibility as set forth i…

waived. A. Except as provided in Subsection B of this section, the department shall, upon request, consent to the immediate cancellation of any bond or the department shall direct and the state treasurer shall return to the person entitled to it any money deposited pursuant to th…

A. The division shall file every application for a driver's license or a commercial driver's license pursuant to the provisions of the New Mexico Commercial Driver's License Act [66-5-52 to 66-5-72 NMSA 1978] received by it and shall maintain suitable indexes containing: (1) all …

A. Any person whose license or registration is suspended under any provision of the Mandatory Financial Responsibility Act or whose policy of insurance or bond, when required under the Mandatory Financial Responsibility Act, is canceled or terminated shall immediately return his …

Any person who forges or, without authority, signs any evidence of financial responsibility or who files or offers for filing any such evidence knowing or having reason to believe that it is forged or signed without authority shall be fined not more than one thousand dollars ($1,…

A. The department, at various times as it considers necessary or appropriate to assure compliance with the Mandatory Financial Responsibility Act, shall select for financial responsibility affirmation an appropriate sample number of the motor vehicles registered in New Mexico. Th…

The affirmation of financial responsibility required under Sections 66-5-208, 66-5- 225 and 66-5-226 NMSA 1978 shall be in a form prescribed by the department and shall require an applicant to provide such information as may be required by the department. If a person affirms the …

A. The department shall indicate in boldface print on every new application form for registration and every registration form that the owner of the motor vehicle affirms that he is financially responsible within the meaning of the Mandatory Financial Responsibility Act. The payme…