0001| SENATE BILL 308
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0002| 43RD LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION, 1998
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0003| INTRODUCED BY
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0004| JOSEPH A. FIDEL
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0005|
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0006|
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0007|
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0008|
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0009|
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0010| AN ACT
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0011| RELATING TO MOTOR VEHICLES; AMENDING AND ENACTING PROVISIONS
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0012| OF THE MOTOR VEHICLE CODE ON USE OF TEMPORARY PERMITS AND
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0013| LICENSE PLATES BY VEHICLE DEALERS, MANUFACTURERS, WRECKERS OF
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0014| VEHICLES, MOTORCYCLE DEALERS AND TRANSPORTERS OF MANUFACTURED
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0015| HOMES; PROVIDING A PENALTY; MAKING AN APPROPRIATION.
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0016|
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0017| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0018| Section 1. Section 66-1-4.9 NMSA 1978 (being Laws 1990,
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0019| Chapter 120, Section 10) is amended to read:
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0020| "66-1-4.9. DEFINITIONS.--As used in the Motor Vehicle
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0021| Code:
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0022| A. "implement of husbandry" means every vehicle
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0023| that is designed for agricultural purposes and exclusively
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0024| used by the owner in the conduct of agricultural operations;
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0025| B. "intersection" means:
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0001| (1) the area embraced within the prolongation
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0002| or connection of the lateral curb lines or, if none, then the
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0003| lateral boundary lines of the roadways of two highways that
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0004| join one another at, or approximately at, right angles, or the
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0005| area within which vehicles traveling upon different highways
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0006| joining at any other angle may come in conflict; and
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0007| (2) where a highway includes two roadways
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0008| thirty feet or more apart, every crossing of each roadway of
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0009| that divided highway by an intersecting highway shall be
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0010| regarded as a separate intersection; in the event that the
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0011| intersecting highway also includes two roadways thirty feet or
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0012| more apart, every crossing of two roadways of those highways
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0013| shall be regarded as a separate intersection; [and]
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0014| C. "inventory", when referring to a vehicle
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0015| dealer, means a vehicle held for sale or lease in the ordinary
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0016| course of business, the cost of which is used in calculating
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0017| the dealer's cost of goods sold for federal income tax
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0018| purposes; and
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0019| [C.] D. "jurisdiction", without modification,
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0020| means "state"."
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0021| Section 2. Section 66-1-4.17 NMSA 1978 (being Laws 1990,
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0022| Chapter 120, Section 18) is amended to read:
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0023| "66-1-4.17. DEFINITIONS.--As used in the Motor Vehicle
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0024| Code:
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0025| A. "tank vehicle" means a motor vehicle that is
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0001| designed to transport any liquid or gaseous material within a
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0002| tank that is either permanently or temporarily attached to the
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0003| vehicle or the chassis and that has either a gross vehicle
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0004| weight rating of twenty-six thousand one or more pounds or is
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0005| used in the transportation of hazardous materials requiring
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0006| placarding of the vehicle under applicable law;
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0007| B. "taxicab" means a motor vehicle used for hire
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0008| in the transportation of persons, having a normal seating
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0009| capacity of not more than seven persons;
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0010| C. "through highway" means every highway or
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0011| portion thereof at the entrance to which vehicular traffic
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0012| from intersecting highways is required by law to stop before
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0013| entering or crossing it when stop signs are erected as
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0014| provided in the Motor Vehicle Code;
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0015| D. "trailer" means any vehicle without motive
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0016| power, designed for carrying persons or property and for being
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0017| drawn by a motor vehicle, and so constructed that no
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0018| significant part of its weight rests upon the towing vehicle;
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0019| E. "traffic" means pedestrians, ridden or herded
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0020| animals, vehicles and other conveyances either singly or
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0021| together using any highway for purposes of travel;
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0022| F. "traffic-control signal" means any device,
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0023| whether manually, electrically or mechanically operated, by
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0024| which traffic is alternately directed to stop and to proceed;
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0025| G. "transporter of manufactured homes" means a
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0001| commercial motor vehicle operation engaged in the business of
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0002| transporting manufactured homes from the manufacturer's
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0003| location to the first dealer's location. A "transporter of
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0004| manufactured homes" may or may not be associated with or
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0005| affiliated with a particular manufacturer or dealer;
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0006| [G.] H. "travel trailer" means a trailer that
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0007| exceeds neither a width of eight feet nor a length of forty
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0008| feet, when equipped for the road, and includes recreational
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0009| travel trailers and camping trailers;
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0010| [H.] I. "trial court" means the magistrate,
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0011| municipal or district court that tries the case concerning an
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0012| alleged violation of a provision of the Motor Vehicle Code;
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0013| [I.] J. "truck" means every motor vehicle
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0014| designed, used or maintained primarily for the transportation
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0015| of property;
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0016| [J.] K. "truck camper" means a camping body
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0017| designed to be loaded onto, or affixed to, the bed [of] or
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0018| chassis of a truck. This camping body, when combined with a
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0019| truck or truck cab and chassis, even though not attached
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0020| permanently, becomes a part of the motor vehicle and
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0021| together they are a recreational unit to be known as a
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0022| "truck camper"; there are three general types of truck
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0023| campers:
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0024| (1) "slide-in camper" means a camping body
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0025| designed to be loaded onto and unloaded from the bed of a
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0001| pickup truck;
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0002| (2) "chassis-mount camper" means a camping
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0003| body designed to be affixed to a truck cab and chassis; and
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0004| (3) "pickup cover" or "camper shell" means a
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0005| camping body designed to provide an all-weather protective
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0006| enclosure over the bed of a pickup truck and to be affixed
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0007| thereto; and
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0008| [K.] L. "truck tractor" means every motor
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0009| vehicle designed and used primarily for drawing other vehicles
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0010| and not so constructed as to carry a load other than a part of
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0011| the weight of the vehicle and load so drawn."
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0012| Section 3. Section 66-3-6 NMSA 1978 (being Laws 1978,
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0013| Chapter 35, Section 26, as amended) is amended to read:
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0014| "66-3-6. TEMPORARY PERMITS AND DEMONSTRATION PLATES.--
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0015| A. The [division] department may issue a
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0016| temporary permit to individuals to operate a vehicle pending
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0017| action by the [division] department upon an application
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0018| for registration and certificate of title or renewal of
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0019| registration when the application is accompanied by the
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0020| proper [fee, and the division] fees and taxes. The
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0021| temporary permit shall be valid for a period not to exceed
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0022| thirty business days from the day it is validated by the
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0023| department. Temporary permits shall not be extended nor
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0024| another issued except for good cause shown.
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0025| B. The department may issue a temporary permit
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0001| [for a fifty cent ($.50) fee] to individuals and financing
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0002| institutions to operate a vehicle for [purposes] the
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0003| purpose of demonstrating the vehicle for resale. The
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0004| temporary permit shall [state the number of days the permit
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is valid and shall be validated by the signature of the
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director.
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B. The division] be valid for a period not to
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0008| exceed five business days from the day it is validated by the
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0009| department. Temporary permits shall not be extended nor
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0010| another issued except for good cause shown.
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0011| C. The department may issue a temporary permit to
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0012| a manufacturer of vehicles or transporter of manufactured
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0013| homes for the purpose of demonstrating or transporting the
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0014| vehicle to a dealer's location. The temporary permit shall be
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0015| valid for a period not to exceed ten business days, shall
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0016| state the number of days for which the permit is valid and
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0017| shall be validated by the signature of the manufacturer or
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0018| transporter. Temporary permits shall not be extended nor
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0019| another issued except for good cause shown.
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0020| D. The department shall issue or authorize the
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0021| issuance of temporary transportation permits to dealers
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0022| licensed [under the Motor Vehicle Code who hold current
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special plates issued under Section 66-3-402 NMSA 1978. The
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division shall collect a fee of fifty cents ($.50) for each
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permit issued] pursuant to Section 66-4-1 NMSA 1978.
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0001| Temporary transportation permits shall be used only [by] on
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0002| vehicles held in the inventory of the dealer to whom the
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0003| permits are issued. [Use of] The permits shall be used
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0004| only for importing vehicles into this state or for
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0005| transporting vehicles between dealers intrastate [and only on
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vehicles owned by the dealer]. Use of the permits shall be
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0007| deemed compliance with the requirements of Section 66-3-4 NMSA
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0008| 1978. [For misuse of the permits by a dealer, the director
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may revoke or suspend their use after a hearing as provided in
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Section 66-4-3 NMSA 1978.] The permits shall be [validated
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by the signature of the dealer to whom they are issued and
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are] valid for not more than [thirty] five additional
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0013| business days from the date of validation. [In addition to
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the general requirements for temporary permits, all]
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0015| Temporary transportation permits shall [include the
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following]:
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0017| (1) [the] name [of] the dealer to whom
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0018| the permits are issued;
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0019| (2) [the] name [of] the authorized driver
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0020| of the vehicle;
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0021| (3) show the point of origin and
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0022| termination of the trip covered by the permit; and
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0023| (4) [the point of termination of the trip
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covered by] be signed and dated by the dealer who executed
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0025| the permit.
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0001| [C.] E. The [division] department shall
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0002| issue or authorize the issuance of temporary retail-sale
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0003| permits to dealers licensed [under the Motor Vehicle Code who
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hold current special plates issued under Section 66-3-402 NMSA
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1978. The division shall collect a fee of fifty cents ($.50)
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for each permit issued] pursuant to Section 66-4-1 NMSA
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0007| 1978. Temporary retail-sale permits shall be used only on
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0008| vehicles sold at retail by the dealer to whom the temporary
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0009| permits are issued and shall not be extended nor another
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0010| issued for the same vehicle [and only after the application
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for registration has been executed and proper fees collected
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by the dealer, except that when a vehicle is sold to a bona
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fide nonresident, neither an application for registration nor
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the payment of fees is required under this section] except
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0015| for good cause shown. Use of the permits shall be deemed
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0016| compliance with the provisions of Section 66-3-4 NMSA 1978.
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0017| [For the misuse of the permits by a dealer, the director may
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revoke or suspend their use after a hearing as provided in
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Section 66-4-3 NMSA 1978.] The permits shall be [validated
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by the signature of the dealer to whom they are issued and
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shall be] valid for not more than thirty additional days from
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0022| the date of validation. Temporary retail-sale permits shall:
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0023| (1) name the dealer to whom the permits are
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0024| issued; [and]
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0025| (2) name the person to whom the vehicle has
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0001| been sold; and
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0002| (3) be signed and dated by the dealer who
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0003| executed the permit.
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0004| F. The department shall issue, or authorize the
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0005| issuance of, temporary demonstration plates to dealers
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0006| licensed pursuant to Section 66-4-1 NMSA 1978. Temporary
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0007| demonstration plates shall be used only on vehicles included
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0008| in the inventory of the dealer to whom the temporary plates
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0009| are issued. The temporary plates shall be used to allow the
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0010| operation of vehicles for the limited purposes of testing,
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0011| demonstrating or preparing a vehicle for sale or lease.
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0012| Temporary demonstration plates may not be used on work or
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0013| service vehicles, as that term is defined in Section 66-3-401
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0014| NMSA 1978, that are owned, used or held in inventory by a
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0015| dealer. Use of the temporary plates shall be deemed
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0016| compliance with the provisions of Section 66-3-4 NMSA 1978. A
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0017| temporary demonstration plate, after being affixed to a
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0018| specific vehicle, shall be valid for as long as the vehicle is
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0019| held in the dealer's inventory. A dealer who uses temporary
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0020| demonstration plates is required to maintain a list showing
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0021| the plate assigned to each specific vehicle and make that list
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0022| available to the department during normal business hours.
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0023| Temporary demonstration plates shall:
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0024| (1) name the dealer to whom the plates are
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0025| issued; and
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0001| (2) display a unique identification number
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0002| assigned by the department.
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0003| G. In lieu of issuing temporary transportation
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0004| permits, temporary retail-sale permits or temporary
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0005| demonstration plates to dealers, the department may authorize
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0006| in writing dealers licensed pursuant to Section 66-4-1 NMSA
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0007| 1978 to print and use at their own cost temporary permits or
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0008| plates to be used in conformance with the provisions of
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0009| Subsections D, E and F of this section, subject to reasonable
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0010| requirements established by the department.
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0011| [D.] H. The [division] department shall
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0012| prescribe the size, [and] shape and content of all
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0013| temporary permits and plates authorized by this section. No
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0014| temporary permit or plate is valid until affixed to the
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0015| vehicle for which it is validated in a manner prescribed by
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0016| the [division. All temporary permits shall:
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(1) identify the vehicle for which it is
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validated by make, model, year of model and engine or other
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identifying number;
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(2) bear an identification number of a size
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and color to be prescribed by the division;
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(3) bear the expiration date of the permit in
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numerals of a size to be prescribed by the division; and
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(4) bear the date the validating signature is
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affixed.
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E. The division] department.
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0002| I. For the misuse of any temporary permit or plate
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0003| authorized by this section by an individual, financing
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0004| institution, manufacturer, transporter of manufactured homes,
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0005| dealer, wrecker or dismantler, the secretary may revoke or
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0006| suspend their use after a hearing as provided in Section
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0007| 66-2-17 NMSA 1978.
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0008| J. The department shall collect an administrative
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0009| fee of fifty cents ($.50) in addition to the actual cost of
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0010| the temporary permit document or plate for each temporary
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0011| permit or plate issued by the department to individuals,
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0012| financial institutions, manufacturers, transporters, wreckers
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0013| or dealers pursuant to this section.
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0014| K. The department may issue temporary
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0015| transportation permits, temporary retail-sale permits and
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0016| temporary demonstration plates to dealers in units of not less
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0017| than one hundred permits at a fee established by the
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0018| department to cover the actual cost of the permit or plate
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0019| documents. No administrative fee shall be charged by the
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0020| department when temporary permits or plates are issued by the
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0021| department pursuant to the provisions of this subsection.
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0022| L. The fees authorized by Subsections J and K of
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0023| this section to cover the actual cost of the temporary permit
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0024| document or plate are appropriated to the department to defray
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0025| the costs of administering the temporary permit and plate
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0001| program. The department shall remit the [temporary permit]
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0002| administrative fee revenues of this section to the motor
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0003| vehicle suspense fund to be distributed in accordance with
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0004| Section 66-6-23 NMSA 1978."
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0005| Section 4. Section 66-3-18 NMSA 1978 (being Laws 1978,
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0006| Chapter 35, Section 38, as amended) is amended to read:
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0007| "66-3-18. DISPLAY OF REGISTRATION [PLATE] PLATES AND
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0008| TEMPORARY PERMITS AND PLATES--DISPLAYS PROHIBITED AND
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0009| ALLOWED.--
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0010| A. The registration plate shall be attached to the
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0011| rear of the vehicle for which it is issued; however, the
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0012| registration plate shall be attached to the front of a road
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0013| tractor or truck tractor. The plate shall be securely
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0014| fastened at all times in a fixed horizontal position at a
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0015| height of not less than twelve inches from the ground,
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0016| measuring from the bottom of the plate. It shall be in a
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0017| place and position so as to be clearly visible, and it shall
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0018| be maintained free from foreign material and in a condition to
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0019| be clearly legible.
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0020| B. Except for temporary demonstration plates,
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0021| temporary permits shall be firmly affixed to the inside left
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0022| rear window of the vehicle to which it is issued, unless such
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0023| display presents a safety hazard or the temporary permit is
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0024| not visible or readable from that position, in which case, the
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0025| temporary permit shall be displayed in such a manner that it
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0001| is clearly visible from the rear or left side of the vehicle.
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0002| Temporary demonstration plates shall be displayed as provided
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0003| for in Subsection A of this section.
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0004| [B.] C. No vehicle while being operated on the
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0005| highways of this state shall have displayed either on the
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0006| front or the rear of the vehicle any registration plate,
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0007| including tab or sticker, other than one issued or validated
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0008| for the current registration period by the [division]
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0009| department or any other licensing authority having
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0010| jurisdiction over the vehicle. No expired registration plate,
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0011| tab or sticker shall be displayed on the vehicle other than an
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0012| expired special registration plate which may be exhibited on
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0013| the front of the vehicle.
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0014| [C.] D. Nothing contained in this section
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0015| shall be construed as prohibiting the use [on the front of
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the vehicle] of a promotional or advertising plate on the
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0017| front of the vehicle."
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0018| Section 5. Section 66-3-104 NMSA 1978 (being Laws 1978,
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0019| Chapter 35, Section 51, as amended) is amended to read:
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0020| "66-3-104. USE OF PLATE AND REGISTRATION NUMBER ON
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0021| ANOTHER VEHICLE--TRANSFER OF REGISTRATION.--
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0022| A. Whenever the owner of a registered vehicle
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0023| assigns title or interest to the vehicle, the registration of
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0024| [the] that vehicle expires. At such time, the owner shall
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0025| remove and retain the registration plate from the vehicle
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0001| and, within thirty days of the transfer, either shall make
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0002| application to have the registration number assigned to
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0003| another vehicle of the same class or shall forward the plate
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0004| to the [division] department or its authorized agent
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0005| [within thirty days of the transfer] to be destroyed [or
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the owner shall retain the license plate, within the same
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thirty days, and make application to have the registration
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number assigned to another vehicle of the same class]. The
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0009| registration plate shall be transferred only where the
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0010| application for transfer is made in the name of the original
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0011| registered owner unless the owner's name has been changed by
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0012| marriage, divorce or court order.
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0013| B. The registration plate shall not be displayed
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0014| upon the newly acquired vehicle until the registration of the
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0015| vehicle has been completed and a new registration certificate
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0016| issued. However, the temporary retail-sale permit issued for
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0017| the vehicle by the dealer pursuant to the provisions of
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0018| Section 66-3-6 NMSA 1978 may be securely attached to the plate
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0019| to be transferred and displayed in accordance with Subsection
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0020| A of Section 66-3-18 NMSA 1978."
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0021| Section 6. Section 66-3-107 NMSA 1978 (being Laws 1978,
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0022| Chapter 35, Section 54, as amended) is amended to read:
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0023| "66-3-107. [TRANSFER BY DEALER] DUTIES OF SELLER OR
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0024| TRANSFEROR--ADDITIONAL DUTIES OF DEALERS--APPLICATION FOR
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0025| TRANSFER--PENALTY--MILEAGE OF VEHICLE.--
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0001| A. [Dealers required to be licensed under the
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provisions of the Motor Vehicle Code shall furnish to a
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purchaser upon delivery] Any seller or transferor, including
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0004| a dealer, of a vehicle required to be registered [under]
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0005| pursuant to the Motor Vehicle Code shall furnish to the
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0006| purchaser upon delivery the necessary title properly assigned
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0007| and shall inform the purchaser that application [of] for
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0008| transfer must be filed with the [division] department
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0009| within thirty days of the date of [delivery] sale. When a
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0010| dealer licensed pursuant to Section 66-4-1 NMSA 1978 allows
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0011| a vehicle [or motor vehicle] to be purchased over a period
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0012| of time pursuant to an expressed or implied contract and
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0013| elects to retain a security interest in [said] the
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0014| vehicle, the dealer shall collect the necessary transfer fees
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0015| from the purchaser upon delivery of the vehicle and shall,
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0016| within thirty days, pay all transfer fees due on [said]
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0017| the vehicle to the [division of motor vehicles]
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0018| department and shall give to the new purchaser the new
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0019| registration certificate in the purchaser's name.
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0020| B. Every dealer, upon transferring by sale, lease
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0021| or otherwise any vehicle, whether new or used, of a type
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0022| subject to registration [under] pursuant to the Motor
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0023| Vehicle Code shall give written notice of the transfer to the
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0024| [division] department upon an appropriate form provided by
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0025| the [division] department.
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0001| C. Except as otherwise provided in this
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0002| subsection, the dealer shall indicate on the form the actual
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0003| mileage of the vehicle as indicated by the vehicle's odometer
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0004| at the time of the transfer.
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0005| D. A sale shall be deemed completed and
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0006| consummated when the purchaser of that vehicle has paid the
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0007| purchase price or, in lieu thereof, has signed a purchase
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0008| contract or security agreement and taken physical possession
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0009| or delivery of that vehicle.
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0010| E. Failure to apply for transfer of registration
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0011| and issuance of a new certificate of title within thirty days
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0012| from the date of transfer [shall subject] subjects the
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0013| transferee to a penalty of twenty dollars ($20.00), which
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0014| shall be collected by the [division] department and shall
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0015| be in addition to other fees and penalties provided by law."
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0016| Section 7. Section 66-3-108 NMSA 1978 (being Laws 1978,
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0017| Chapter 35, Section 55) is amended to read:
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0018| "66-3-108. TRANSFER TO DEALERS.--When the transferee of
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0019| a vehicle is a dealer who holds the [same] vehicle for
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0020| resale and [operates the same only for purposes incident to a
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resale or when a dealer] does not drive [such] the
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0022| vehicle or permit it to be driven upon the highways, the
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0023| dealer shall not be required to obtain transfer of
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0024| registration of [such] the vehicle or forward the
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0025| certificate of title to the [division] department.
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0001| However, [such] the dealer, upon transferring his title or
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0002| interest to another person, shall execute an assignment and
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0003| warrant of title upon the certificate of title and deliver the
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0004| same to the person to whom [such] the transfer is made."
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0005| Section 8. Section 66-3-401 NMSA 1978 (being Laws 1978,
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0006| Chapter 35, Section 80) is amended to read:
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0007| "66-3-401. OPERATION OF VEHICLES UNDER SPECIAL DEALER
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0008| PLATES.--
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0009| A. [A manufacturer] Any vehicle that is
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0010| required to be registered pursuant to the Motor Vehicle Code
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0011| and that is included in the inventory of a wrecker of
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0012| vehicles or dealer [owning any vehicle of a type otherwise
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required to be registered hereunder may operate or move the
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same] may be operated or moved upon the highways for [all
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purposes incidental to his business including but not limited
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to transporting, testing, demonstrating or selling the same
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without registering each such vehicle, upon condition that any
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such] any purpose provided that the vehicle display
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0019| [thereon] in the manner prescribed in Section [64-3-18 NMSA
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1953] 66-3-18 NMSA 1978 a special plate issued to [such
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manufacturer] the dealer or wrecker of vehicles as provided
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0022| in [this article] Section 66-3-402 NMSA 1978. This
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0023| [paragraph] subsection shall not be construed as limiting
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0024| the use of temporary permits issued to dealers [under]
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0025| pursuant to Section [64-3-6 NMSA 1953] 66-3-6 NMSA 1978.
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0001| B. The provisions of this [article] section do
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0002| not apply to work or service vehicles [owned] used by a
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0003| [manufacturer] wrecker of vehicles or dealer. For the
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0004| purposes of this subsection, "work or service vehicle"
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0005| includes any vehicle used substantially as a:
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0006| (1) parts or delivery vehicle;
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0007| (2) vehicle used to tow another vehicle;
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0008| (3) courtesy shuttle; or
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0009| (4) vehicle loaned to customers for their
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0010| convenience.
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0011| C. Each vehicle included in a dealer's inventory
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0012| required to be registered pursuant to the provisions of
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0013| Subsection A of this section must conform to the registration
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0014| provisions of the Motor Vehicle Code, but is not required to
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0015| be titled pursuant to the provisions of that code. When any
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0016| vehicle is no longer included in a dealer's inventory, and is
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0017| not sold or leased to an unrelated entity, the dealer must
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0018| title the vehicle and pay the motor vehicle excise tax that
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0019| would have been due when the vehicle was first registered by
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0020| the dealer.
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0021| D. In lieu of the use of special dealer plates
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0022| pursuant to this section, a dealer or wrecker may register and
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0023| title a vehicle included in a dealer's inventory in the name
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0024| of the dealer or wrecker upon payment of the registration fee
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0025| applicable to that vehicle, but without payment of the motor
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0001| vehicle excise tax provided the vehicle is subsequently sold
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0002| or leased in the ordinary course of business in a transaction
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0003| subject to the motor vehicle excise tax or the leased vehicle
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0004| gross receipts tax."
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0005| Section 9. A new Section 66-3-401.1 NMSA 1978 is enacted
|
0006| to read:
|
0007| "66-3-401.1. [NEW MATERIAL] OPERATION OF VEHICLES
|
0008| UNDER SPECIAL COLLEGIATE REGISTRATION PLATES.--
|
0009| A. In lieu of the use of special dealer plates
|
0010| pursuant to Section 66-3-401 NMSA 1978, a dealer may register
|
0011| and title a vehicle in the name of the dealer pursuant to the
|
0012| provisions of Section 66-3-416 NMSA 1978 for the purpose of
|
0013| providing the use of a vehicle from the inventory of the
|
0014| dealer to a full-time coach or athletic director at any state-
|
0015| supported four-year institution of higher education in New
|
0016| Mexico.
|
0017| B. Each vehicle that a dealer elects to register
|
0018| pursuant to Subsection A of this section is not required to be
|
0019| titled pursuant to the provisions of the Motor Vehicle Code,
|
0020| but such vehicle must be included in the driver's inventory
|
0021| for Internal Revenue Code of 1986 purposes and transferred to
|
0022| the full-time coach or athletic director under conditions that
|
0023| require the dealer to report the value of the use of the
|
0024| vehicle as income to the full-time coach or athletic
|
0025| director."
|
- 19 -
0001| Section 10. Section 66-3-402 NMSA 1978 (being Laws 1978,
|
0002| Chapter 55, Section 81) is amended to read:
|
0003| "66-3-402. APPLICATION FOR [AND ISSUANCE OF CERTIFICATE
|
AND] SPECIAL DEALER PLATES.--
|
0005| A. Any [manufacturer] wrecker of vehicles or
|
0006| dealer may [make application] apply to the [division]
|
0007| department upon the appropriate form [for a certificate
|
containing a general "vehicle-business number" and] for one
|
0009| or more special dealer plates. The applicant shall [also]
|
0010| submit proof of his status as a bona fide [manufacturer]
|
0011| wrecker of vehicles or dealer as may reasonably be required by
|
0012| the [division] department.
|
0013| B. The maximum number of special dealer plates
|
0014| for which a dealer of new or used motor vehicles or
|
0015| motorcycles may apply pursuant to this section shall be:
|
0016| (1) for a dealer who sold in the previous
|
0017| calendar year five or more but fewer than fifty vehicles, one
|
0018| plate;
|
0019| (2) for a dealer who sold in the previous
|
0020| calendar year more than fifty but fewer than one hundred
|
0021| vehicles, three plates;
|
0022| (3) for a dealer who sold in the previous
|
0023| calendar year more than one hundred but fewer than five
|
0024| hundred vehicles, five plates; and
|
0025| (4) for a dealer who sold in the previous
|
- 20 -
0001| calendar year five hundred or more vehicles, ten plates.
|
0002| C. The maximum number of special dealer plates for
|
0003| which a wrecker or dismantler of new or used motor vehicles or
|
0004| motorcycles may apply pursuant to this section shall be:
|
0005| (1) for a wrecker or dismantler who wrecked
|
0006| or dismantled three or more but fewer than fifty vehicles, one
|
0007| plate;
|
0008| (2) for a wrecker or dismantler who wrecked
|
0009| or dismantled fifty or more but fewer than one hundred
|
0010| vehicles, three plates;
|
0011| (3) for a wrecker or dismantler who wrecked
|
0012| or dismantled one hundred or more but fewer than five hundred
|
0013| vehicles, five plates; and
|
0014| (4) for a wrecker or dismantler who wrecked
|
0015| or dismantled five hundred vehicles or more, ten plates.
|
0016| D. Any dealer or wrecker shall be entitled to five
|
0017| plates in the first calendar year in which he begins business.
|
0018| Any dealer or wrecker who is licensed pursuant to the
|
0019| provisions of Section 66-4-1 NMSA 1978 on or after August 1 of
|
0020| any calendar year shall also be entitled to five plates in the
|
0021| calendar year following the year in which he is first licensed
|
0022| to do business.
|
0023| [B.] E. The [division] department upon
|
0024| granting any such application shall issue to the applicant a
|
0025| certificate containing the applicant's name and address and
|
- 21 -
0001| [general vehicle-business number] the numbers of the
|
0002| special dealer plates assigned to the applicant.
|
0003| [C. The division shall issue special plates as
|
applied for which shall have displayed thereon the general
|
vehicle-business numbers assigned to the applicant.]"
|
0006| Section 11. Section 66-3-403 NMSA 1978 (being Laws 1978,
|
0007| Chapter 35, Section 82) is amended to read:
|
0008| "66-3-403. EXPIRATION OF SPECIAL [VEHICLE-BUSINESS]
|
0009| DEALER PLATES.--Every special [vehicle-business] dealer
|
0010| plate issued [hereunder] pursuant to Section 66-3-402 NMSA
|
0011| 1978 expires at midnight on December 31 of each year. [and
|
a] Upon payment of the proper fee, the person to whom the
|
0013| special dealer plate was issued may apply to the department
|
0014| for a new plate or validating sticker for the ensuing year
|
0015| [may be obtained by the person to whom any such expired plate
|
was issued upon application to the division and payment of the
|
fee provided by law]. Renewal of all [such] special
|
0018| [vehicle-business] dealer plates shall be on or before
|
0019| [March 2 of the following year] December 31. It is a
|
0020| misdemeanor pursuant to the Motor Vehicle Code to operate a
|
0021| vehicle with a special dealer plate that has expired."
|
0022| Section 12. Section 66-4-1 NMSA 1978 (being Laws 1978,
|
0023| Chapter 35, Section 214, as amended) is amended to read:
|
0024| "66-4-1. DEALERS, WRECKERS, WHOLESALERS AND DISTRIBUTORS
|
0025| OF VEHICLES MUST BE LICENSED--PRESUMPTION OF CONDUCTING
|
- 22 -
0001| BUSINESS.--
|
0002| A. No person, unless licensed to do so by the
|
0003| [division] department, shall carry on or conduct the
|
0004| active trade or business of:
|
0005| (1) a dealer in [vehicles or] motor
|
0006| vehicles [trailers, semitrailers, house trailers or pole
|
trailers] of a type subject to registration pursuant to the
|
0008| Motor Vehicle Code;
|
0009| (2) wrecking or dismantling any vehicle or
|
0010| motor vehicle for the resale of the parts. Any person
|
0011| possessing three or more wrecked, dismantled or partially
|
0012| wrecked or dismantled vehicles or motor vehicles and selling
|
0013| or offering for sale a used vehicle or motor vehicle part and
|
0014| who regularly sells or offers for sale used vehicles or used
|
0015| motor vehicle parts shall be presumed to be conducting the
|
0016| business of wrecking or dismantling a vehicle or motor vehicle
|
0017| for the resale of the parts;
|
0018| (3) wholesaling of vehicles. Any person who
|
0019| sells or offers for sale vehicles of a type subject to
|
0020| registration in this state, to a vehicle dealer licensed
|
0021| [under] pursuant to the Motor Vehicle Code or who is
|
0022| franchised by a manufacturer, distributor or vehicle dealer to
|
0023| sell or promote the sale of vehicles dealt in by such
|
0024| manufacturer, distributor or vehicle dealer shall be presumed
|
0025| to be conducting the business of wholesaling. Provided,
|
- 23 -
0001| however, that if any such person also sells a vehicle at
|
0002| retail, he shall be deemed to be a dealer and is subject to
|
0003| the dealer-licensing provisions of the Motor Vehicle Code; or
|
0004| (4) distributing of vehicles. Any person who
|
0005| distributes or sells new or used motor vehicles to dealers and
|
0006| who is not a manufacturer shall be presumed to be conducting
|
0007| the business of distributing vehicles.
|
0008| B. Application for a dealer's, wholesaler's,
|
0009| distributor's or wrecker's license shall be made upon the form
|
0010| prescribed by the [division] department and shall contain
|
0011| the name and address of the applicant and, when the applicant
|
0012| is a partnership, the name and address of each partner; or,
|
0013| when the applicant is a corporation, the names of the
|
0014| principal officers of the corporation and the state in which
|
0015| incorporated and the place [or places] where the business is
|
0016| to be conducted and the nature of the business and such other
|
0017| information as may be required by the [division]
|
0018| department. Every application shall be verified by the oath
|
0019| or affirmation of the applicant, if an individual, or, in the
|
0020| event an applicant is a partnership or corporation, by a
|
0021| partner or officer of the partnership or corporation. Every
|
0022| application shall be accompanied by the fee required by law.
|
0023| C. Any metal processor or dealer in scrap who
|
0024| dismantles, processes for scrap, shreds, compacts, crushes or
|
0025| otherwise destroys more than three vehicles or motor vehicles
|
- 24 -
0001| within a period of one year shall be licensed [under]
|
0002| pursuant to the provisions of Sections 66-4-1 through 66-4-9
|
0003| NMSA 1978.
|
0004| D. In order to ensure that any dealer, wholesaler,
|
0005| distributor or wrecker complies with this section, the
|
0006| [director] secretary may apply to a district court of this
|
0007| state to have any person operating without a license as
|
0008| required by this section enjoined from engaging in business
|
0009| until he complies with the requirements of licensing as
|
0010| provided by this section.
|
0011| E. Upon application to a court for the issuance of
|
0012| an injunction against an unlicensed operator, the court may
|
0013| forthwith issue an order temporarily restraining him from
|
0014| doing business. The court shall hear the matter within three
|
0015| days and, upon a showing by the preponderance of the evidence
|
0016| that the person is operating without a license and that he has
|
0017| been given notice of the hearing as required by law, the court
|
0018| may enjoin him from engaging in business in New Mexico until
|
0019| he ceases to be unlicensed. Upon issuing an injunction, the
|
0020| court may also order the business premises of the person to be
|
0021| sealed by the sheriff and may allow the person access thereto
|
0022| only upon approval of the court.
|
0023| F. No temporary restraining order shall be issued
|
0024| against any person who has complied with the provisions of
|
0025| this section. Upon a showing to the court by any person
|
- 25 -
0001| against whom a temporary restraining order has been issued
|
0002| that he has a license in accordance with the provisions of
|
0003| this section, the court shall dissolve or set aside the
|
0004| temporary restraining order."
|
0005| Section 13. Section 66-4-7 NMSA 1978 (being Laws 1978,
|
0006| Chapter 35, Section 220, as amended) is amended to read:
|
0007| "66-4-7. DEALERS, WHOLESALERS, DISTRIBUTORS AND WRECKERS
|
0008| OF VEHICLES--[HOUSE TRAILER DEALERS] DEALERS OF MOTORCYCLES
|
0009| ONLY--BOND.--
|
0010| A. Before issuance of any dealer's license,
|
0011| wholesaler's license, distributor's license or wrecker of
|
0012| vehicles license [or house trailer dealer's license], the
|
0013| applicant shall procure and file with the [division]
|
0014| department a corporate surety bond in the amount of [twenty
|
thousand dollars ($20,000)] fifty thousand dollars
|
0016| ($50,000). An applicant for a dealer's license for
|
0017| motorcycles only shall procure and file with the [division]
|
0018| department a corporate surety bond in the amount of twelve
|
0019| thousand five hundred dollars ($12,500). The corporate surety
|
0020| shall be licensed by the state corporation commission or a
|
0021| successor entity to do business in this state as a surety
|
0022| and the form of the bond shall be approved by the attorney
|
0023| general. The bond shall be payable to the state for the use
|
0024| and benefit of the purchaser and his vendees, conditioned upon
|
0025| payment of any loss, damage and expense sustained by the
|
- 26 -
0001| purchaser or his vendees, or both, by reason of failure of the
|
0002| title of the vendor, by any fraudulent misrepresentations or
|
0003| by any breach of warranty as to freedom from liens on the
|
0004| motor vehicle or motorcycle [or
|
house trailer] sold by the dealer, wholesaler, distributor,
|
0006| dealer of motorcycles only [house trailer dealer] or wrecker
|
0007| of vehicles. The bond shall be continuous in form and limited
|
0008| to the payment of [twenty thousand dollars ($20,000)] fifty
|
0009| thousand dollars ($50,000) in total aggregate liability on a
|
0010| dealer's license, wholesaler's license, distributor's license
|
0011| [house trailer dealer's license] and a wrecker of vehicles
|
0012| license and twelve thousand five hundred dollars ($12,500) on
|
0013| a dealer's license for motorcycles only.
|
0014| B. No applicant for a dealer's license,
|
0015| wholesaler's license, distributor's license [house trailer
|
dealer's license] or dealer's license for motorcycles only
|
0017| who files bond in the amount and form specified in Subsection
|
0018| A of this section shall be required to file any additional
|
0019| bond to conduct a business of wrecking or dismantling motor
|
0020| vehicles [house trailers] or motorcycles. Conversely, no
|
0021| applicant for a wrecker of vehicles license who files bond in
|
0022| the amount and form specified in Subsection A of this section
|
0023| shall be required to file any additional bond to conduct a
|
0024| business of dealer [of motor vehicles], distributor [of
|
motor vehicles], wholesaler [of motor vehicles, house
|
- 27 -
trailer dealer] or dealer of motorcycles only.
|
0002| [C. No applicant for a dealer's license for
|
motorcycles only who files a bond in the amount and form
|
specified in Subsection A of this section shall be required to
|
file any additional bond to conduct a business of motorcycle
|
trailer dealer incidental to his business of dealer of
|
motorcycles only]
|
0008| C. In lieu of the bond required in this section,
|
0009| the dealer, wholesaler, distributor, wrecker of vehicles or
|
0010| dealer of motorcycles only may elect to file with the
|
0011| department the equivalent amount of cash or bonds of the
|
0012| United States or New Mexico or of any political subdivision of
|
0013| the state."
|
0014| Section 14. Section 66-4-8 NMSA 1978 (being Laws 1978,
|
0015| Chapter 35, Section 221) is amended to read:
|
0016| "66-4-8. [BOAT DEALERS--EXEMPT FROM BOND] EXEMPTIONS
|
0017| FROM LICENSING AND BOND PROVISIONS.--The provisions of
|
0018| [Section 64-4-7 NMSA 1953] Sections 66-4-1 through 66-4-7
|
0019| NMSA 1978 requiring dealers, wholesalers and distributors of
|
0020| motor vehicles and wreckers of vehicles and motor vehicles
|
0021| to be licensed and post a bond do not apply to persons who
|
0022| deal in [boat trailers incidentally to dealing in boats]
|
0023| boats or vessels, off-highway motor vehicles, manufactured
|
0024| homes, recreational vehicles that are designed to be towed by
|
0025| a motor vehicle, trailers, semitrailers, pole trailers and
|
- 28 -
0001| trailers designed to transport boats, vessels or off-highway
|
0002| motor vehicles and who do not deal in other motor vehicles
|
0003| [trailers, semitrailers, house trailers or pole trailers] of
|
0004| a type subject to registration."
|
0005| Section 15. Section 66-6-17 NMSA 1978 (being Laws 1978,
|
0006| Chapter 35, Section 352, as amended) is amended to read:
|
0007| "66-6-17. SPECIAL DEALER PLATE FEES [MANUFACTURERS,
|
DEALERS AND WRECKERS OF VEHICLES].--
|
0009| A. Except as provided otherwise in Subsection C of
|
0010| this section, every [manufacturer] dealer or wrecker of
|
0011| vehicles, except a dealer in motorcycles only, shall pay each
|
0012| license year fifty dollars ($50.00) for [the first] each
|
0013| special dealer plate issued pursuant to Section 66-3-402
|
0014| NMSA 1978 to the [manufacturer] dealer or wrecker for that
|
0015| license year [and shall pay ten dollars ($10.00) for each
|
additional plate so issued in that license year].
|
0017| B. Except as provided otherwise in Subsection C of
|
0018| this section, every dealer in motorcycles only shall pay each
|
0019| license year ten dollars ($10.00) for [the first] each
|
0020| special dealer plate issued pursuant to Section 66-3-402
|
0021| NMSA 1978 to the dealer for that license year [and shall pay
|
five dollars ($5.00) for each additional plate so issued for
|
that license year
|
C. A replacement plate for a special plate shall
|
be issued upon the payment of ten dollars ($10.00)].
|
- 29 -
0001| C. In the event any special dealer plate is lost,
|
0002| mutilated or becomes illegible, a dealer, wrecker of vehicles
|
0003| or dealer in motorcycles only shall obtain a replacement plate
|
0004| pursuant to the provisions of Section 66-3-24 NMSA 1978. The
|
0005| fee for a replacement special dealer plate shall be fifty
|
0006| dollars ($50.00) for a dealer or wrecker of vehicles and ten
|
0007| dollars ($10.00) for a dealer in motorcycles only."
|
0008| Section 16. TEMPORARY PROVISION.--
|
0009| A. Dealers, wreckers of vehicles or dealers in
|
0010| motorcycles only who have a valid license issued pursuant to
|
0011| the provisions of Section 66-4-1 NMSA 1978 and one or more
|
0012| special plates issued pursuant to the provisions of Section
|
0013| 66-3-402 NMSA 1978 as of July 1, 1998 may elect to postpone
|
0014| the effective date of Sections 1 through 15 of this act until
|
0015| January 1, 1999. The election to postpone the effective date
|
0016| is made by not applying for any of the temporary permits
|
0017| provided for in Sections 1 through 15 of this act. An
|
0018| application for any of the temporary permits provided for in
|
0019| Sections 1 through 15 of this act serves as an election not to
|
0020| postpone the effective date. If the election to postpone the
|
0021| effective date is not made, no fees paid for special plates
|
0022| prior to the effective date of the election shall be refunded.
|
0023| B. The provisions of Sections 1 through 15 of this
|
0024| act shall apply to any dealer, wrecker of vehicles or dealer
|
0025| in motorcycles only who applies for or is granted a license
|
- 30 -
0001| pursuant to the provisions of Section 66-4-1 NMSA 1978 on or
|
0002| after July 1, 1998.
|
0003| Section 17. EFFECTIVE DATE.--The effective date of the
|
0004| provisions of this act is July 1, 1998.
|
0005|
|