SENATE BILL 125
50th legislature - STATE OF NEW MEXICO - first session, 2011
INTRODUCED BY
Peter Wirth
AN ACT
RELATING TO DRIVER'S LICENSES; PROVIDING FOR SHORTER LICENSING PERIODS AS DRIVERS AGE; REQUIRING EXAMINATIONS UPON RENEWALS FOR DRIVERS SEVENTY-FIVE YEARS OF AGE AND OLDER; ALLOWING RESTRICTIONS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 66-5-14 NMSA 1978 (being Laws 1978, Chapter 35, Section 236, as amended by Laws 2010, Chapter 42, Section 1 and by Laws 2010, Chapter 70, Section 1) is amended to read:
"66-5-14. EXAMINATION OF APPLICANTS.--
A. The department shall examine every first-time applicant for a driver's license or a motorcycle endorsement and may examine other applicants for a driver's license or motorcycle endorsement. The examination shall include a test of the applicant's ability to read and understand highway signs regulating, warning and directing traffic, the applicant's knowledge of the traffic laws of this state and an actual demonstration of ability to exercise ordinary and reasonable control in the operation of a motor vehicle except as provided in Section 66-5-7 NMSA 1978 and any further physical and mental examination as the department finds necessary to determine the applicant's fitness to operate a motor vehicle or motorcycle safely upon the highways.
B. Regardless of whether an applicant is examined under Subsection A of this section, the department shall test the eyesight of every applicant for a driver's license or motorcycle endorsement unless the application is for renewal of a license or endorsement and is made by mail or telephonic or electronic means.
C. The department shall examine an applicant who is seventy-five years of age or older with each application for renewal of a driver's license or motorcycle endorsement. The examination shall include a test of the applicant's reflexes, reaction times, motor skills and coordination and may include any other physical or mental examination the department finds necessary to determine the applicant's fitness to operate a motor vehicle or motorcycle safely upon the highways.
[C.] D. The department is authorized to contract with other persons for conduct of tests of the applicant's ability to exercise ordinary and reasonable control of a motor vehicle. Any such contract may be terminated by the secretary upon written notice for failure of the contractor to perform the contractor's duties to the secretary's satisfaction. Contracts under this subsection may provide for the form of notice and the length of the period, if any, between the notice and the effective date of the termination.
[D.] E. For purposes of this section, a "first-time applicant" means an applicant other than a person who:
(1) holds a currently valid driver's license issued by New Mexico or any other jurisdiction at the time of application; or
(2) does not hold a currently valid driver's license issued by New Mexico or any other jurisdiction at the time of application but who held a valid driver's license issued by New Mexico or any other jurisdiction within one year prior to the date of application if that driver's license was not revoked under any provision of the Motor Vehicle Code or suspended, canceled or revoked under the laws of any other jurisdiction for reasons similar to those for which revocation is authorized under the Motor Vehicle Code."
SECTION 2. Section 66-5-19 NMSA 1978 (being Laws 1978, Chapter 35, Section 241, as amended) is amended to read:
"66-5-19. RESTRICTED LICENSES.--
A. The division, upon issuing a driver's license or a provisional license, has authority, whenever good cause appears, to 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 vehicle that the licensee may operate or such other restrictions applicable to the licensee as the division determines to be appropriate to ensure the safe operation of a motor vehicle by the licensee.
[B. At age seventy-five and thereafter, the applicant shall renew the applicant's license on a yearly basis at no cost to the applicant.
C.] B. The division may either issue a special restricted license or may set forth such restrictions upon the usual license form.
[D.] C. The division may issue a restricted license or a restricted provisional license for driving during daylight hours only to some visually impaired persons who fail the usual eyesight test. The health standards advisory board created pursuant to the provisions of Section 66-5-6 NMSA 1978 shall evaluate the extent of the visual impairment and its effect on the driving ability of the applicant and, based on its recommendations, the director may issue a restricted license under the following conditions:
(1) the applicant has no record of moving violations;
(2) the necessity of the license is shown to the satisfaction of the director; and
(3) the applicant satisfies the provisions of Section 66-5-206 NMSA 1978 relating to proof of financial responsibility.
D. A driver who is seventy-five years of age or older shall renew the driver's license at no cost:
(1) every two years, from age seventy-five to eighty-four;
(2) every year, from age eighty-five to eighty-nine; and
(3) every six months, from age ninety and thereafter.
E. After examination of a licensee who is seventy-five years of age or older, the division may impose restrictions as provided in this section and any other restrictions suitable to the licensee's driving ability to ensure the safe operation of a motor vehicle by the licensee.
[E.] F. The division may, upon receiving satisfactory evidence of any violation of the restrictions of the license, suspend the license, but the licensee is entitled to a hearing as upon a suspension under Sections 66-5-1 through 66-5-47 NMSA 1978.
[F.] G. It is a misdemeanor for any person to operate a motor vehicle in any manner in violation of the restrictions imposed in a restricted license issued to the person."
SECTION 3. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2011.
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