851 sections in this chapter.
NMSA 1978, § 66-5-235 False affirmation; violation
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When the department has reasonable grounds to believe that a person is operating a motor vehicle in violation of Section 66-5-205 NMSA 1978 or has falsely affirmed the existence of a motor vehicle insurance policy or the existence of some other means of satisfying the financial r…
NMSA 1978, § 66-5-236 Suspension for nonpayment of judgment or for false
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affirmation. A. Except as otherwise provided, the secretary shall suspend: (1) the motor vehicle registration for all motor vehicles and the driver's license of any person against whom a judgment has been rendered, the department being in receipt of a certified copy of the judgme…
NMSA 1978, § 66-5-237 Past application of act
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The Mandatory Financial Responsibility Act does not apply with respect to any accident or judgment arising therefrom or violation of the motor vehicle laws of New Mexico occurring prior to January 1, 1984. History: 1953 Comp., § 64-5-247, enacted by Laws 1978, ch. 35, § 323; 1978…
NMSA 1978, § 66-5-238 Act not to prevent other process
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Nothing in the Mandatory Financial Responsibility Act shall be construed to prevent the plaintiff in any action at law from relying for relief upon the other processes provided by law. History: 1953 Comp., § 64-5-248, enacted by Laws 1978, ch. 35, § 324; 1978 Comp., § 66-5-248, r…
NMSA 1978, § 66-5-239 No civil liability
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No civil liability shall accrue to the division or any of its employees for reports made in good faith based on the most recent information available to the division. History: 1978 Comp., § 66-5-239, enacted by Laws 1983, ch. 318, § 38.
NMSA 1978, § 66-5-24 Authority of division to cancel license
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A. The division is authorized to cancel any instruction permit, driver's license or provisional license upon determining that the licensee was not entitled to the issuance of the license or that the licensee failed to give the required or correct information in his application or…
NMSA 1978, § 66-5-240 Recompiled
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ANNOTATIONS Recompilations. — Laws 1983, ch. 318, § 27, recompiled 66-5-240 NMSA 1978, relating to substitution of proof, as 66-5-228 NMSA 1978, effective January 1, 1984.
NMSA 1978, § 66-5-241 Repealed
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ANNOTATIONS Repeals. — Laws 1983, ch. 318, § 43, repealed 66-5-241 NMSA 1978, as enacted by Laws 1978, ch. 35, § 317, relating to other proof of financial responsibility, effective January 1, 1984.
NMSA 1978, § 66-5-242 Recompiled
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ANNOTATIONS Recompilations. — Laws 1983, ch. 318, § 28, recompiled 66-5-242 NMSA 1978, relating to duration of proof and when proof may be canceled or returned, as 66-5-229 NMSA 1978, effective January 1, 1984.
NMSA 1978, § 66-5-243 Repealed
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ANNOTATIONS Repeals. — Laws 1983, ch. 318, § 43, repealed 66-5-243 NMSA 1978, as enacted by Laws 1978, ch. 35, § 319, relating to transfer of registrations to defeat purpose of the Financial Responsibility Act, effective January 1, 1984.
NMSA 1978, § 66-5-244 Recompiled
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ANNOTATIONS Recompilations. — Laws 1983, ch. 318, § 29, recompiled 66-5-244 NMSA 1978, relating to surrender of license and registration, as 66-5-230 NMSA 1978, effective January 1, 1984.
NMSA 1978, § 66-5-245 Recompiled
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ANNOTATIONS Recompilations. — Laws 1983, ch. 318, § 30, recompiled 66-5-245 NMSA 1978, relating to forged proof, as 66-5-231 NMSA 1978, effective January 1, 1984.
NMSA 1978, § 66-5-246 Repealed
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ANNOTATIONS Repeals. — Laws 1983, ch. 318, § 43, repealed 66-5-246 NMSA 1978, as enacted by Laws 1978, ch. 35, § 322, relating to self-insurers, effective January 1, 1984.
NMSA 1978, § 66-5-247 Recompiled
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ANNOTATIONS Recompilations. — Laws 1983, ch. 318, § 36, recompiled 66-5-247 NMSA 1978, relating to past application of the Mandatory Financial Responsibility Act, as 66-5-237 NMSA 1978, effective January 1, 1984.
NMSA 1978, § 66-5-248 Recompiled
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ANNOTATIONS Recompilations. — Laws 1983, ch. 318, § 37, recompiled 66-5-248 NMSA 1978, relating to construction of the Financial Responsibility Act so as not to prevent other process, as 66-5-238 NMSA 1978, effective January 1, 1984. 66-5-249 to 66-5-277. Repealed.
NMSA 1978, § 66-5-25 Suspending privileges of nonresidents; reporting
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convictions; failures to appear; failures to pay. A. The privilege of driving a motor vehicle on the highways of this state given to a nonresident shall be subject to suspension or revocation by the division in like manner and for like cause as a driver's license may be suspended…
NMSA 1978, § 66-5-26 Suspending resident's license; automatic reinstatement
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without fee. A. The division is authorized to suspend or revoke the license of a resident of this state or the privilege of a nonresident to drive a motor vehicle in this state upon receiving notice of the conviction of such person in another state or by a tribe of an offense tha…
NMSA 1978, § 66-5-27 Recognition of convictions for motor vehicle offenses
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committed on military installations; suspension or revocation. The division is authorized to suspend or revoke the license of any resident of this state or the driving privilege of any member of the armed forces of the United States who is stationed at a federal military installa…
NMSA 1978, § 66-5-27.1 Recognition of convictions for motor vehicle offenses
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committed on tribal land; intergovernmental agreements; information sharing with tribal courts. A. The department is authorized to enter into an intergovernmental agreement with the appropriate governmental entity of a tribe to permit the exchange of information between the triba…
NMSA 1978, § 66-5-28 Repealed
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History: 1953 Comp., § 64-5-28, enacted by Laws 1978, ch. 35, § 250; 1979, ch. 71, § 4; 1989, ch. 14, § 21; repealed by Laws 2009, ch. 200, § 8.
NMSA 1978, § 66-5-29 Mandatory revocation of license by division
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A. The division shall immediately revoke the driving privilege or driver's license of a driver upon receiving a record of the driver's adjudication as a delinquent for or conviction of any of the following offenses, whether the offense is under any state law or local ordinance, w…
NMSA 1978, § 66-5-3 Repealed
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ANNOTATIONS Repeals. — Laws 1993, ch. 68, § 57 repealed 66-5-3 NMSA 1978, as enacted by Laws 1978, ch. 35, § 225 relating to exceptions for motorcycle driver education, effective June 18, 1993. For provisions of former section, see the 1992 NMSA 1978 on NMOneSource.com.
NMSA 1978, § 66-5-30 Authority of division to suspend or revoke license
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A. The division may suspend the instruction permit, driver's license or provisional license of a driver without preliminary hearing upon a showing by its records or other sufficient evidence, including information provided to the state pursuant to an intergovernmental agreement a…
NMSA 1978, § 66-5-301 Insurance against uninsured and unknown motorists;
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rejection of coverage by the insured. A. No motor vehicle or automobile liability policy insuring against loss resulting from liability imposed by law for bodily injury or death suffered by any person and for injury to or destruction of property of others arising out of the owner…
NMSA 1978, § 66-5-302 Uninsured motorist; payment of arbitration fee
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No arbitrator shall require the payment of a fee in advance of the arbitration of any controversy arising under an uninsured motorist provision of a motor vehicle or automobile liability insurance policy. The arbitrator may award the costs of arbitration to the prevailing party. …
NMSA 1978, § 66-5-303 Uninsured motorist; judicial review [of] arbitration award
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After a party to an arbitration proceeding involving an uninsured motorist receives notice of an award, the party may make a motion to the district court for an order confirming the award, at which time the court shall issue a confirming order unless the award is modified or corr…
NMSA 1978, § 66-5-31 Division may require reexamination
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The division, having good cause to believe that a licensed driver is incompetent or otherwise not qualified to be licensed, may request that, upon written notice of at least five days to the licensee, he submit to an examination. Upon the conclusion of such examination, the divis…
NMSA 1978, § 66-5-32 Period of suspension or revocation
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A. The division shall not suspend a driver's license or privilege to drive a motor vehicle on the public highways for a period of more than one year except as permitted under Sections 60-7B-1, 66-5-5, 66-5-39 and 66-5-39.1 NMSA 1978. B. Except as provided in the Ignition Interloc…
NMSA 1978, § 66-5-33 Repealed
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ANNOTATIONS Repeals. — Laws 1985, ch. 47, § 3, repealed 66-5-33 NMSA 1978, as enacted by Laws 1978, ch. 35, § 255, relating to the surrender and return of a license and reinstatement fee, effective June 14, 1985. For present comparable provisions, see 66-5-33.1 and 66- 5-230 NMSA…
NMSA 1978, § 66-5-33.1 Reinstatement of driver's license or registration; ignition
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interlock; fee. A. Whenever a driver's license or registration is suspended or revoked and an application has been made for its reinstatement, compliance with all appropriate provisions of the Motor Vehicle Code and the payment of a fee of twenty-five dollars ($25.00) is a prereq…
NMSA 1978, § 66-5-34 No operation under foreign license during suspension or
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revocation in this state. Any resident or nonresident whose driver's license or right or privilege to operate a motor vehicle in this state has been suspended or revoked as provided in this article shall not operate a motor vehicle in this state under a license, permit or registr…
NMSA 1978, § 66-5-35 Limited driving privilege upon suspension or revocation
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A. Upon suspension or revocation of a person's driving privilege or driver's license following conviction or adjudication as a delinquent under any law, ordinance or rule relating to motor vehicles, the person may apply to the department for a driver's license, provisional licens…
NMSA 1978, § 66-5-36 Right of appeal to court
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A person denied a license or whose license has been canceled, suspended or revoked by the department, except when the cancellation or revocation is mandatory under the provisions of Chapter 66, Article 5 NMSA 1978, may file an appeal in the district court pursuant to the provisio…
NMSA 1978, § 66-5-37 Unlawful use of license
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A. It is a misdemeanor for any person to: (1) display or cause or permit to be displayed or have in the person's possession any canceled, revoked or suspended driver's license; (2) lend the person's driver's license to any other person or knowingly permit the use of the person's …
NMSA 1978, § 66-5-38 Making false affidavit perjury
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Except as otherwise provided in the Motor Vehicle Code, a person who makes a false affidavit or knowingly swears or affirms falsely to a matter or thing required by the terms of the Motor Vehicle Code to be sworn to or affirmed is guilty of perjury as provided in Section 30-25-1 …
NMSA 1978, § 66-5-39 Driving while license suspended; penalties
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A. A person who drives a motor vehicle on any public highway of this state at a time when the person's privilege to do so is suspended and who knows or should have known that the person's license was suspended is guilty of a misdemeanor and may be punished pursuant to Subsection …
NMSA 1978, § 66-5-39.1 Driving while license revoked; penalties
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A. A person who drives a motor vehicle on a public highway of this state at a time when the person's privilege to do so is revoked and who knows or should have known that the person's license was revoked is guilty of a misdemeanor and shall be charged with a violation of this sec…
NMSA 1978, § 66-5-39.2 Driving while license administratively suspended
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A person who drives a motor vehicle on any public highway of this state at a time when the person's privilege to do so is administratively suspended is guilty of a penalty assessment misdemeanor and may be punished in accordance with the provisions of Section 66-8-116 NMSA 1978. …
NMSA 1978, § 66-5-4 Persons exempt from licensure
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The following persons are exempt from licensure under the Motor Vehicle Code [66- 1-1 NMSA 1978]: A. military personnel while driving a motor vehicle owned or leased by the United States department of defense; B. a person who is at least fifteen years of age and who has in immedi…
NMSA 1978, § 66-5-40 Permitting unauthorized minor to drive
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No person shall cause or knowingly permit his child or ward under the age of eighteen years to drive a motor vehicle upon any highway when such minor is not authorized hereunder or is in violation of any of the provisions of this article. History: 1953 Comp., § 64-5-40, enacted b…
NMSA 1978, § 66-5-401 Identification cards; application
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A. A person who does not have a valid New Mexico driver's license may be issued an identification card by the department. An application for an identification card or renewal of an identification card shall be made upon a form furnished by the department. B. The department shall …
NMSA 1978, § 66-5-402 Persons eligible for identification cards
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The department may issue an identification card only to a person who is a New Mexico resident and who does not have a valid New Mexico license. History: 1953 Comp., § 64-5-402, enacted by Laws 1978, ch. 35, § 329; 1987, ch. 10, § 1; 1993, ch. 328, § 3; 1999, ch. 76, § 4; 2016, ch…
NMSA 1978, § 66-5-403 Expiration of identification cards; duration; renewal
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A. Except as provided in Subsections B through E of this section, every identification card shall be issued for a period not to exceed four years and shall expire four years after the effective date of the identification card. B. An identification card may be renewed within ninet…
NMSA 1978, § 66-5-404 Duplicate cards
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In the event an identification card issued pursuant to Section 66-5-402 NMSA 1978 is lost, stolen, destroyed or mutilated or a name or address is changed, the person to whom the identification card was issued may obtain a replacement upon furnishing satisfactory proof of age and …
NMSA 1978, § 66-5-405 Contents of card
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A. A REAL ID-compliant identification card shall bear the applicant's full legal name; date of birth; sex; current New Mexico residence address; full-face or front-view digital photograph of the identification card holder; a unique identification card number; a date of issuance; …
NMSA 1978, § 66-5-406 Public entities; no liability
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No public entity shall be liable for any loss or injury resulting directly or indirectly from false or inaccurate information contained in identification cards issued by the motor vehicle division. History: 1953 Comp., § 64-5-406, enacted by Laws 1978, ch. 35, § 333.
NMSA 1978, § 66-5-407 Reliance upon information
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No person shall be held responsible in a court of law for any act or failure to act which is directly attributable to his reliance upon the information contained in an identification card issued pursuant to Section [Sections] 66-5-401 through 66-5-408 NMSA 1978; provided he has m…
NMSA 1978, § 66-5-408 Fees
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A. Upon application for an identification card with a four-year term, there shall be paid to the department a fee of five dollars ($5.00). Upon application for an identification card with an eight-year term, there shall be paid to the department a fee of ten dollars ($10.00). A f…
NMSA 1978, § 66-5-409 Unlawful use of identification card
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A. It is a misdemeanor for any person to: (1) use or possess an altered, forged or fictitious identification card; (2) alter or forge an identification card or make a fictitious identification card; (3) lend the person's identification card to any other person or to knowingly per…
NMSA 1978, § 66-5-41 Permitting unauthorized person to drive
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No person shall authorize or knowingly permit a motor vehicle owned by him or under his control to be driven upon any highway by any person who is not authorized hereunder or is in violation of any of the provisions of this article. History: 1953 Comp., § 64-5-41, enacted by Laws…