0001| SENATE BILL 77
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0002| 42ND LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION,
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0003| 1996
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0004| INTRODUCED BY
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0005| MICHAEL C. WIENER
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0006|
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0007|
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0008|
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0009| FOR THE REVENUE STABILIZATION AND TAX POLICY COMMITTEE
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0010|
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0011| AN ACT
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0012| REVISING PROVISIONS OF THE MOTOR VEHICLE CODE RELATING TO
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0013| REGISTRATION OF VEHICLES AND ISSUANCE OF SPECIAL REGISTRATION
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0014| PLATES; MOVING CERTAIN PROVISIONS RELATING TO BOATS FROM THE
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0015| MOTOR VEHICLE CODE TO THE BOAT ACT; MOVING PROVISIONS RELATING
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0016| TO CERTAIN FUNDS; MAKING APPROPRIATIONS; AMENDING, REPEALING,
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0017| ENACTING AND RECOMPILING SECTIONS OF THE NMSA 1978.
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0018|
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0019| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0020| Section 1. A new section of the Veterans' Service Act,
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0021| Section 28-13-5.2 NMSA 1978, is enacted to read:
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0022| "28-13-5.2. [NEW MATERIAL] ARMED FORCES VETERANS'
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0023| LICENSE FUND--PURPOSE.--The "armed forces veterans' license
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0024| fund" is created in the state treasury. A portion of the fee
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0025| collected for each special registration plate for armed forces
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0001| veterans, as provided in Section 66-3B-14 NMSA 1978, shall be
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0002| transferred to the state treasurer for the credit of the fund.
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0003| Expenditures from the fund shall be made on vouchers issued and
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0004| signed by the director of veterans' affairs upon warrants drawn
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0005| by the department of finance and administration for the purpose
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0006| of expanding services to rural areas of the state, including
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0007| Native American communities and senior citizen centers. Any
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0008| unexpended or unencumbered balance remaining at the end of any
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0009| fiscal year in the armed forces veterans' license fund shall not
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0010| revert to the general fund."
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0011| Section 2. Section 66-1-1 NMSA 1978 (being Laws 1978,
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0012| Chapter 35, Section 1) is amended to read:
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0013| "66-1-1. SHORT TITLE.--[Articles 1 through 8 of] Chapter
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0014| [64 NMSA 1953] 66, Articles 1 through 8A NMSA 1978 may be
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0015| cited as the "Motor Vehicle Code"."
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0016| Section 3. Section 66-1-4.3 NMSA 1978 (being Laws 1990,
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0017| Chapter 120, Section 4) is amended to read:
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0018| "66-1-4.3. DEFINITIONS.--As used in the Motor Vehicle
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0019| Code:
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0020| A. "camping body" means a vehicle body primarily
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0021| designed or converted for use as temporary living quarters for
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0022| recreational, camping or travel activities;
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0023| B. "camping trailer" means a camping body that
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0024| exceeds neither eight feet in width nor forty feet in length,
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0025| mounted on a chassis, or frame with wheels, designed to be drawn
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0001| by another vehicle and that has collapsible partial side walls
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0002| that fold for towing and unfold at the campsite;
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0003| C. "cancellation" means that a driver's license is
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0004| annulled and terminated because of some error or defect or
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0005| because the licensee is no longer entitled to the license, but
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0006| cancellation of a license is without prejudice, and application
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0007| for a new license may be made at any time after cancellation;
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0008| D. "casual sale" means the sale of a motor vehicle
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0009| by the registered owner of the vehicle if the owner has not sold
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0010| more than four vehicles in that calendar year;
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0011| E. "certified motor vehicle liability policy" means
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0012| an owner's policy or a driver's policy of liability insurance to
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0013| or for the benefit of the person named therein as insured,
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0014| certified as provided in the Motor Vehicle Code and meeting the
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0015| requirements of the Motor Vehicle Code as evidence of financial
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0016| responsibility and issued by an insurance carrier duly
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0017| authorized to transact business in New Mexico;
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0018| F. "chassis" means the complete motor vehicle,
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0019| including standard factory equipment, exclusive of the body and
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0020| cab;
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0021| G. "collector" means a person who is the owner of
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0022| one or more vehicles of historic or special interest who
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0023| collects, purchases, acquires, trades or disposes of these
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0024| vehicles or parts thereof for the person's own use in order to
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0025| preserve, restore and maintain a similar vehicle for hobby
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0001| purposes;
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0002| H. "combination" means any connected assemblage of a
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0003| motor vehicle and one or more semitrailers, trailers or
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0004| semitrailers converted to trailers by means of a converter gear;
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0005| I. "combination gross vehicle weight" means the sum
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0006| total of the gross vehicle weights of all units of a
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0007| combination;
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0008| J. "commerce" means the transportation of persons,
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0009| property or merchandise for hire, compensation, profit or in the
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0010| furtherance of a commercial enterprise in this state or between
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0011| New Mexico and a place outside New Mexico, including a place
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0012| outside the United States;
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0013| K. "commercial motor vehicle" means a motor vehicle
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0014| used in commerce:
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0015| (1) if the vehicle has a [declared] gross
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0016| vehicle weight rating of twenty-six thousand one or more pounds;
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0017| (2) if the vehicle is designed to transport
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0018| sixteen or more passengers, including the driver; or
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0019| (3) if the vehicle is transporting hazardous
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0020| materials and is required to be placarded pursuant to applicable
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0021| law;
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0022| L. "controlled-access highway" means every highway,
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0023| street or roadway in respect to which owners or occupants of
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0024| abutting lands and other persons have no legal right of access
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0025| to or from the highway, street or roadway except at those points
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0001| only and in the manner as may be determined by the public
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0002| authority having jurisdiction over the highway, street or
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0003| roadway;
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0004| M. "controlled substance" means any substance
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0005| defined in Section 30-31-2 NMSA 1978 as a controlled substance;
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0006| N. "converter gear" means any assemblage of one or
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0007| more axles with a fifth wheel mounted thereon, designed for use
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0008| in a combination to support the front end of a semitrailer but
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0009| not permanently attached thereto. A converter gear shall not be
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0010| considered a vehicle, as that term is defined in Section
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0011| 66-1-4.19 NMSA 1978, but weight attributable thereto shall be
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0012| included in [declared] gross vehicle weight;
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0013| O. "conviction" means the alleged violator has
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0014| entered a plea of guilty or nolo contendere or has been found
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0015| guilty in the trial court and has waived or exhausted all rights
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0016| to an appeal;
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0017| P. "crosswalk" means:
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0018| (1) that part of a roadway at an intersection
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0019| included within the connections of the lateral lines of the
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0020| sidewalks on opposite sides of the highway measured from the
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0021| curbs or, in the absence of curbs, from the edges of the
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0022| traversable roadway; and
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0023| (2) any portion of a roadway at an intersection
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0024| or elsewhere distinctly indicated for pedestrian crossing by
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0025| lines or other markings on the surface; and
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0001| Q. "curb cut" means a short ramp through a curb or
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0002| built up to the curb."
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0003| Section 4. Section 66-1-4.4 NMSA 1978 (being Laws 1990,
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0004| Chapter 120, Section 5, as amended) is amended to read:
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0005| "66-1-4.4. DEFINITIONS.--As used in the Motor Vehicle
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0006| Code:
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0007| A. "day" means calendar day, unless otherwise
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0008| provided in the Motor Vehicle Code;
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0009| B. "dealer", except as herein specifically excluded,
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0010| means any person who sells or solicits or advertises the sale of
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0011| new or used motor vehicles, manufactured homes or trailers
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0012| subject to registration in this state; "dealer" does not
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0013| include:
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0014| (1) receivers, trustees, administrators,
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0015| executors, guardians or other persons appointed by or acting
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0016| under judgment, decree or order of any court;
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0017| (2) public officers while performing their
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0018| duties as such officers;
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0019| (3) persons making casual sales of their own
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0020| vehicles;
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0021| (4) finance companies, banks and other lending
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0022| institutions making sales of repossessed vehicles; or
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0023| (5) licensed brokers under the Manufactured
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0024| Housing Act who, for a fee, commission or other valuable
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0025| consideration, engage in brokerage activities related to the
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0001| sale, exchange or lease purchase of pre-owned manufactured homes
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0002| on a site installed for a consumer;
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0003| [C. "declared gross weight" means the maximum gross
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vehicle weight or combination gross vehicle weight at which a
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vehicle or combination will be operated during the registration
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period, as declared by the registrant for registration and fee
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purposes; the vehicle or combination shall have only one
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declared gross weight for all operating considerations;
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D.] C. "department" means the taxation and
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0010| revenue department, the secretary of taxation and revenue or any
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0011| employee of the department exercising authority lawfully
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0012| delegated to that employee by the secretary;
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0013| [E.] D. "designated disabled parking space"
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0014| means any space marked and reserved for the parking of a
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0015| passenger vehicle that carries registration plates or a placard
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0016| indicating disability in accordance with Section [66-3-16]
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0017| 66-3B-5 NMSA 1978; such a place shall be designated by a
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0018| conspicuously posted sign bearing the international disabled
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0019| symbol of a wheelchair or by a clearly visible depiction of this
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0020| symbol painted on the pavement of the space;
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0021| [F.] E. "director" means the secretary;
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0022| [G.] F. "disqualification" means a prohibition
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0023| against driving a commercial motor vehicle;
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0024| [H.] G. "distinguishing number" means the number
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0025| assigned by the department to a vehicle whose identifying number
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0001| has been destroyed or obliterated or the number assigned by the
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0002| department to a vehicle that has never had an identifying
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0003| number;
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0004| [I.] H. "distributor" means any person who
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0005| distributes or sells new or used motor vehicles to dealers and
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0006| who is not a manufacturer;
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0007| [J.] I. "division", without further
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0008| specification, "division of motor vehicles" or "motor vehicle
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0009| division" means the department;
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0010| J. "driveway-towaway operation" means any operation
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0011| in which any motor vehicle, new or used, is the item being
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0012| transported when one set or more of wheels of any such motor
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0013| vehicle is on the roadway during the course of transportation,
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0014| whether or not the motor vehicle furnishes the motive power;
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0015| K. "driver" means every person who drives or is in
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0016| actual physical control of a motor vehicle, including a
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0017| motorcycle, upon a highway, who is exercising control over or
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0018| steering a vehicle being towed by a motor vehicle or who
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0019| operates or is in actual physical control of an off-highway
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0020| motor vehicle; and
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0021| L. "driver's license" means a license or a class of
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0022| license issued by a state or other jurisdiction to an individual
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0023| that authorizes the individual to drive a motor vehicle. [and
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M. "driveway-towaway operation" means any operation
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in which any motor vehicle, new or used, is the item being
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transported when one set or more of wheels of any such motor
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vehicle is on the roadway during the course of transportation,
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whether or not the motor vehicle furnishes the motive power]"
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0004| Section 5. Section 66-1-4.6 NMSA 1978 (being Laws 1990,
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0005| Chapter 120, Section 7) is amended to read:
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0006| "66-1-4.6. DEFINITIONS.--As used in the Motor Vehicle
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0007| Code:
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0008| A. "farm tractor" means every motor vehicle designed
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0009| and used primarily as a farm implement for drawing plows, mowing
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0010| machines and other implements of husbandry;
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0011| B. "farm vehicle" means any vehicle owned by a
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0012| person whose principal occupation is farming or ranching and
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0013| which vehicle is not used for hire but is used principally in
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0014| the transportation of farm and ranch products to market and of
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0015| farm and ranch supplies and livestock from the place of purchase
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0016| to farms and ranches in this state;
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0017| [B.] C. "financial responsibility" means the
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0018| ability to respond in damages for liability resulting from
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0019| traffic accidents arising out of the ownership, maintenance or
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0020| use of a motor vehicle of a type subject to registration under
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0021| the laws of New Mexico, in the amounts not less than that
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0022| specified in the Mandatory Financial Responsibility Act; the
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0023| term includes a motor vehicle liability policy, a certified
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0024| motor vehicle liability policy, a surety bond or evidence of a
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0025| sufficient cash deposit with the state treasurer;
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0001| [C.] D. "first offender" means a person who for
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0002| the first time under state or federal law or municipal ordinance
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0003| has been adjudicated guilty of the charge of driving a motor
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0004| vehicle while under the influence of intoxicating liquor or any
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0005| other drug that renders the person incapable of safely driving a
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0006| motor vehicle, regardless of whether the person's sentence was
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0007| suspended or deferred;
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0008| [D.] E. "flammable liquid" means any liquid that
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0009| has a flash point of seventy degrees fahrenheit or less, as
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0010| determined by a tagliabue or equivalent closed-cup test device;
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0011| [E.] F. "foreign jurisdiction" means any
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0012| jurisdiction other than a state of the United States or the
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0013| District of Columbia;
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0014| [F.] G. "foreign vehicle" means every vehicle of
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0015| a type required to be registered under the provisions of the
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0016| Motor Vehicle Code brought into this state from another state,
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0017| territory or country; and
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0018| [G.] H. "freight trailer" means any trailer,
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0019| semitrailer or pole trailer drawn by a truck tractor or road
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0020| tractor, and any trailer, semitrailer or pole trailer drawn by a
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0021| truck that has a gross vehicle weight of more than twenty-six
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0022| thousand pounds, but the term does not include manufactured
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0023| homes, trailers of less than one-ton carrying capacity used to
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0024| transport animals or fertilizer trailers of less than three
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0025| thousand five hundred pounds empty weight."
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0001| Section 6. Section 66-1-4.8 NMSA 1978 (being Laws 1990,
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0002| Chapter 120, Section 9, as amended) is amended to read:
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0003| "66-1-4.8. DEFINITIONS.--As used in the Motor Vehicle
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0004| Code:
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0005| A. "hazardous material" means a substance or
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0006| material in a quantity and form that may pose an unreasonable
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0007| risk to health, safety or property when transported in commerce;
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0008| B. "highway" or "street" means every way or place
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0009| generally open to the use of the public as a matter of right for
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0010| the purpose of vehicular travel, even though it may be
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0011| temporarily closed or restricted for the purpose of
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0012| construction, maintenance, repair or reconstruction;
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0013| C. "historic [or special interest] vehicle" means
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0014| a vehicle [of any age that, because of its significance, is
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being collected, preserved, restored or maintained by a
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collector as a leisure pursuit;
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D. "horseless carriage" means a motor vehicle] at
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0018| least thirty-five years old that is owned as a collector's item
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0019| and used solely for exhibition and educational purposes; and
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0020| [E.] D. "house trailer" means a manufactured
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0021| home."
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0022| Section 7. Section 66-1-4.15 NMSA 1978 (being Laws 1990,
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0023| Chapter 120, Section 16) is amended to read:
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0024| "66-1-4.15. DEFINITIONS.--As used in the Motor Vehicle
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0025| Code:
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0001| A. "railroad" means a carrier of persons or property
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0002| upon cars operated upon stationary rails;
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0003| B. "railroad sign or signal" means any sign, signal
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0004| or device erected by authority of a public body or official or
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0005| by a railroad and intended to give notice of the presence of
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0006| railroad tracks or the approach of a railroad train;
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0007| C. "railroad train" means a steam engine, electric
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0008| or other motor, with or without cars coupled thereto, operated
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0009| upon rails;
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0010| D. "reconstructed vehicle" means any vehicle
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0011| assembled or constructed largely by means of essential parts,
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0012| new or used, derived from other vehicles or which, if originally
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0013| otherwise assembled or constructed, [shall have] has been
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0014| materially altered by the removal of essential parts, new or
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0015| used;
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0016| E. "recreational travel trailer" means a camping
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0017| body that exceeds neither eight feet in width nor forty feet in
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0018| length, when equipped for the road, designed to be drawn by
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0019| another vehicle;
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0020| F. "recreational vehicle" means a vehicle with a
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0021| camping body that either has its own motive power or is drawn by
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0022| another vehicle;
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0023| G. "registration" means registration certificates
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0024| and registration plates issued under the laws of New Mexico
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0025| pertaining to the registration of vehicles;
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0001| H. "registration number" means the number assigned
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0002| upon registration by the division to the owner of a vehicle or
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0003| motor vehicle required to be registered by the Motor Vehicle
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0004| Code;
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0005| I. "registration plate" means the plate, marker,
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0006| sticker or tag assigned by the division for the identification
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0007| of the registered vehicle;
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0008| J. "residence district" means the territory
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0009| contiguous to and including a highway not comprising a business
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0010| district when the property on the highway for a distance of
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0011| three hundred feet or more is in the main improved with
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0012| residences or residences and buildings in use for business;
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0013| K. "resident" means an individual who is domiciled
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0014| in this state;
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0015| [K.] L. "revocation" means that the driver's
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0016| license and privilege to drive a motor vehicle on the public
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0017| highways are terminated and shall not be renewed or restored,
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0018| except that an application for a new license may be presented
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0019| and acted upon by the division after the expiration of at least
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0020| one year after date of revocation;
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0021| [L.] M. "right-of-way" means the privilege of
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0022| the immediate use of the roadway;
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0023| [M.] N. "road tractor" means every motor vehicle
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0024| designed and used for drawing other vehicles and not so
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0025| constructed as to carry any significant load thereon, either
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0001| independently or as any part of the weight of a vehicle or load
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0002| so drawn; and
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0003| [N.] O. "roadway" means that portion of a street
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0004| or highway improved, designed or ordinarily used for vehicular
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0005| travel, exclusive of the berm or shoulder, and in the event a
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0006| highway includes two or more separate roadways, the term
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0007| "roadway" refers to any such roadway separately but not to all
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0008| such roadways collectively."
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0009| Section 8. Section 66-1-4.16 NMSA 1978 (being Laws 1990,
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0010| Chapter 120, Section 17, as amended) is amended to read:
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0011| "66-1-4.16. DEFINITIONS.--As used in the Motor Vehicle
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0012| Code:
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0013| A. "safety glazing materials" means glazing
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0014| materials so constructed, treated or combined with other
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0015| materials as to reduce substantially, in comparison with
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0016| ordinary sheet glass or plate glass, the likelihood of injury to
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0017| persons by objects from exterior sources or by these safety
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0018| glazing materials when they are cracked and broken;
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0019| B. "safety zone" means the area or space officially
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0020| set apart within a highway for the exclusive use of pedestrians
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0021| and which is protected or is so marked or indicated by adequate
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0022| signs as to be plainly visible at all times while set apart as a
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0023| safety zone;
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0024| C. "school bus" means any motor vehicle operating
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0025| under the authority of the state board of education or private
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0001| school or parochial school interests that is used to transport
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0002| children, students or teachers to and from schools or to and
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0003| from any school activity, but not including any vehicle:
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0004| (1) operated by a common carrier, subject to
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0005| and meeting all requirements of the state corporation commission
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0006| but not used exclusively for the transportation of pupils;
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0007| (2) operated solely by a government-owned
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0008| transit authority, if the [transit authority] vehicle meets
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0009| all safety requirements of the state corporation commission but
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0010| is not used exclusively for the transportation of pupils; or
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0011| (3) operated as a per capita feeder as
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0012| [defined] provided in Section 22-16-6 NMSA 1978;
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0013| D. "seal" means the official seal of the taxation
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0014| and revenue department as designated by the secretary;
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0015| E. "secretary" means the secretary of taxation and
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0016| revenue, and, except for the purposes of Sections 66-2-3
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0017| [66-2-3.1] and 66-2-12 NMSA 1978, also includes the deputy
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0018| secretary and any division director delegated by the secretary;
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0019| F. "semitrailer" means any vehicle without motive
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0020| power, other than a pole trailer, designed for carrying persons
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0021| or property and for being drawn by a motor vehicle and so
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0022| constructed that some significant part of its weight and that of
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0023| its load rests upon or is carried by another vehicle;
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0024| G. "sidewalk" means that portion of street between
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0025| the curb lines, or the lateral lines of a roadway, and the
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0001| adjacent property lines, intended for the use of pedestrians;
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0002| H. "slow-moving vehicle" means any vehicle that is
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0003| ordinarily moved, operated or driven at a speed less than
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0004| twenty-five miles per hour;
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0005| I. "solid tire" means every tire of rubber or other
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0006| resilient material that does not depend upon compressed air for
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0007| the support of the load;
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0008| J. "special mobile equipment" means every vehicle
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0009| not designed or used primarily for the transportation of persons
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0010| or property and incidentally operated or moved over the
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0011| highways, including but not limited to farm tractors, road
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0012| construction or maintenance machinery, ditch-digging apparatus,
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0013| well-boring apparatus and [concrete mixers] wheeled
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0014| equipment;
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0015| K. "specially-constructed vehicle" means every
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0016| vehicle of a type required to be registered under the Motor
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0017| Vehicle Code not originally constructed under a distinctive
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0018| name, make, model or type by a generally recognized manufacturer
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0019| of vehicles and not materially altered from its original
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0020| construction;
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0021| L. "state" means any state, territory or possession
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0022| of the United States, the District of Columbia, [or] any
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0023| province of the Dominion of Canada or any state of the United
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0024| States of Mexico;
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0025| M. "state highway" means any public highway that has
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0001| been designated as a state highway by the legislature, the state
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0002| highway commission or the secretary of highway and
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0003| transportation;
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0004| N. "stop", when required, means complete cessation
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0005| from movement;
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0006| O. "stop, stopping or standing", when prohibited,
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0007| means any stopping or standing of a vehicle, whether occupied or
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0008| not, except when necessary to avoid conflict with other traffic
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0009| or in compliance with the directions of a police officer or
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0010| traffic-control sign or signal;
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0011| P. "street" or "highway" means every way or place
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0012| generally open to the use of the public as a matter of right for
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0013| the purpose of vehicular travel, even though it may be
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0014| temporarily closed or restricted for the purpose of
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0015| construction, maintenance, repair or reconstruction;
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0016| Q. "subsequent offender" means a person who was
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0017| previously a first offender and who again, under state law,
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0018| federal law or municipal ordinance, has been adjudicated guilty
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0019| of the charge of driving a motor vehicle while under the
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0020| influence of intoxicating liquor or any drug [which] that
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0021| rendered him incapable of safely driving a motor vehicle,
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0022| regardless of whether the person's sentence was suspended or
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0023| deferred; and
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0024| R. "suspension" means that a person's driver's
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0025| license and privilege to drive a motor vehicle on the public
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0001| highways are temporarily withdrawn."
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0002| Section 9. Section 66-1-4.20 NMSA 1978 (being Laws 1990,
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0003| Chapter 120, Section 21) is amended to read:
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0004| "66-1-4.20. DEFINITIONS.--As used in the Motor Vehicle
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0005| Code:
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0006| A. "wheeled equipment" means compressors,
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0007| forklifts, portable cement mixers, single axle tow dollies, tar
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0008| pots, water trailers used for watering livestock or for
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0009| agricultural or domestic purposes, welders or similar items
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0010| designed and used primarily for construction or building-trade
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0011| purposes;
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0012| [A.] B. "wholesaler" means any person, except a
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0013| person making a casual sale of the person's own vehicle, who
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0014| sells or offers for sale vehicles of a type subject to
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0015| registration in this state, to a vehicle dealer who is licensed
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0016| under the Motor Vehicle Code or who is franchised by a
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0017| manufacturer, distributor or vehicle dealer; provided, however,
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0018| that if any person except a person making a casual sale of the
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0019| person's own vehicle also sells a vehicle at retail, that person
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0020| shall be deemed to be a dealer and is subject to the dealer-licensing provisions of the Motor Vehicle Code;
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0021| [B.] C. "wrecker of vehicles" means every person
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0022| actively engaged in the business of acquiring vehicles that are
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0023| required to be registered under the Motor Vehicle Code for the
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0024| purpose of dismantling [such] the vehicles as scrap material
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0025| or for the resale of reclaimable parts and who, for those
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0001| purposes, maintains within this state an established place of
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0002| business; and
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0003| [C.] D. "written clearance from a law
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0004| enforcement agency" means any written statement signed by a
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0005| full-time, salaried law enforcement officer stating that a check
|
0006| has been made of the law enforcement agency's records and the
|
0007| computerized records of the national crime information center
|
0008| and that the check of records indicates that the vehicle or
|
0009| motor vehicle in question has not been reported stolen."
|
0010| Section 10. Section 66-3-1 NMSA 1978 (being Laws 1978,
|
0011| Chapter 35, Section 21) is recompiled as Section 66-3A-1 NMSA
|
0012| 1978 and is amended to read:
|
0013| "66-3A-1. VEHICLES SUBJECT TO REGISTRATION--EXCEPTIONS.--[Every]
|
0014| A. No motor vehicle, trailer, semitrailer [and]
|
0015| or pole trailer [when driven or moved upon a highway shall be
|
subject to the registration and certificate of title] shall be
|
0017| operated or permitted to operate on a highway in New Mexico
|
0018| unless it is registered in accordance with the provisions of
|
0019| the Motor Vehicle Code except:
|
0020| [A. any such] (1) a vehicle driven or
|
0021| moved upon a highway in conformance with the provisions of the
|
0022| Motor Vehicle Code relating to manufacturers or dealers;
|
0023| [lien-holders or nonresidents
|
B. any such] (2) a vehicle [which] that
|
0025| is driven or moved upon a highway only for the purpose of
|
0001| crossing [such] the highway from one property to another;
|
0002| [C. any] (3) an implement of husbandry
|
0003| [which] that is only incidentally operated or moved upon a
|
0004| highway;
|
0005| [D. any] (4) special mobile equipment;
|
0006| [as herein defined]
|
0007| E. any] (5) a vehicle [which] that is
|
0008| propelled exclusively by electric power obtained from overhead
|
0009| trolley wires though not operated upon rails;
|
0010| [F. no certificate of title need be obtained for
|
any]
|
0012| (6) a vehicle of a type subject to
|
0013| registration owned by the government of the United States; [and
|
G. every house trailer shall be subject to the
|
registration and certificate of title provisions of the Motor
|
Vehicle Code, and each house trailer shall at all times bear a
|
current registration plate.]
|
0018| (7) vehicles owned by nonresidents and
|
0019| registered for the current year in another jurisdiction, except
|
0020| as provided in Section 66-3A-3 NMSA 1978;
|
0021| (8) freight trailers as provided in Section
|
0022| 66-3A-2 NMSA 1978;
|
0023| (9) a vehicle being towed as an abandoned
|
0024| vehicle at the direction of a law enforcement officer; and
|
0025| (10) mopeds.
|
0001| B. No off-highway motor vehicle shall be operated or
|
0002| permitted to be operated unless it is registered in accordance
|
0003| with the Motor Vehicle Code, except that this registration
|
0004| requirement does not apply to off-highway motor vehicles:
|
0005| (1) owned and operated by any agency or
|
0006| department of the United States, this state or any political
|
0007| subdivision of this state;
|
0008| (2) operated exclusively on lands privately
|
0009| held by the motor vehicle owner;
|
0010| (3) owned by nonresidents of this state;
|
0011| provided that the use in this state shall be for competition
|
0012| purposes only and shall not exceed fifteen days and provided
|
0013| further that the use is not on a rental basis;
|
0014| (4) brought into this state by manufacturers or
|
0015| distributors for wholesale purposes and not used for
|
0016| demonstrations;
|
0017| (5) that are in the possession of dealers as
|
0018| stock-in-trade and not used for demonstration purposes; or
|
0019| (6) that are farm tractors, mopeds or special
|
0020| mobile equipment."
|
0021| Section 11. Section 66-3-2 NMSA 1978 (being Laws 1978,
|
0022| Chapter 35, Section 22) is recompiled as Section 66-3A-2 NMSA
|
0023| 1978 and is amended to read:
|
0024| "66-3A-2. REGISTRATION--TRAILERS, SEMITRAILERS, POLE
|
0025| TRAILERS AND FREIGHT TRAILERS.--
|
0001| A. [The motor vehicle and motor transportation
|
divisions, according to their appropriate jurisdictions, shall
|
grant permanent registration to freight trailers upon
|
application and payment of the fee required by Section 64-6-3
|
NMSA 1953, when according to Subsection B of this section
|
registration is required. The registration shall expire,
|
however, upon the transfer of title or interest in the vehicle,
|
at which time the vehicle shall be reregistered, subject to the
|
provisions of Subsection B of this section.
|
B.] Freight trailers are exempt from registration
|
0011| in this state if they are:
|
0012| (1) properly registered in another state;
|
0013| (2) identified by a proper base registration
|
0014| plate properly displayed; and
|
0015| (3) identified by other required documentary
|
0016| evidence of registration [which shall be] that is in the
|
0017| possession of the operator and exhibited at the request of any
|
0018| police officer.
|
0019| B. Freight trailers not exempt from registration
|
0020| are required to be registered. Upon receipt of a properly
|
0021| completed application and the payment of all required fees, the
|
0022| department shall register the freight trailer.
|
0023| C. In registering trailers, semitrailers and pole
|
0024| trailers, the [divisions] department may require [such]
|
0025| information and documents and may make [such] tests and
|
0001| investigations as [they deem] it deems necessary and
|
0002| practicable to determine or to verify the empty weights and
|
0003| gross vehicle weights and to ensure that the vehicles may be
|
0004| safely and legally operated upon the highways of this state."
|
0005| Section 12. Section 66-3-301 NMSA 1978 (being Laws 1978,
|
0006| Chapter 35, Section 77, as amended) is recompiled as Section
|
0007| 66-3A-3 NMSA 1978 and is amended to read:
|
0008| "66-3A-3. REGISTRATION BY NONRESIDENTS.--
|
0009| A. Any nonresident owner of a vehicle of a type
|
0010| otherwise subject to registration may use or permit the use of
|
0011| the vehicle within the state for a period of one hundred eighty
|
0012| days without registering his vehicle, but any vehicle so used
|
0013| must display current registration plates issued for the vehicle
|
0014| in the state where the owner resides. If a vehicle owned by a
|
0015| nonresident is used in this state for more than one hundred
|
0016| eighty days and is not registered with the owner's state of
|
0017| residence or does not display current registration plates of the
|
0018| owner's state of residence, the vehicle must be registered with
|
0019| this state.
|
0020| B. Any person gainfully employed and residing
|
0021| within the boundaries of this state for a period of thirty days
|
0022| or more within a sixty-day period shall be presumed to be a
|
0023| resident of this state.
|
0024| C. [Notwithstanding the fact of their employment]
|
0025| The following nonresident individuals are not required to
|
0001| register their vehicles if they display current registration
|
0002| plates issued for the vehicle in the state where the owner
|
0003| resides:
|
0004| (1) nonresident individuals who are students
|
0005| engaged in a full-time course of study at an institution of
|
0006| higher learning located within this state, and the vehicle
|
0007| displays a valid nonresident student sticker issued by the
|
0008| institution [which] that they attend; or
|
0009| (2) a nonresident [owner] individual
|
0010| gainfully employed within the boundaries of this state who owns
|
0011| a vehicle and uses [his] the vehicle to commute daily from
|
0012| his home in another state to and from his place of employment
|
0013| within this state. The provisions of this paragraph apply only
|
0014| if the state in which the owner resides extends like privileges
|
0015| to New Mexico residents gainfully employed within the boundaries
|
0016| of that state.
|
0017| D. A nonresident owner of a foreign vehicle operated
|
0018| within this state for the transportation of persons or property
|
0019| for compensation or for the transportation of merchandise either
|
0020| regularly according to a schedule or for a consecutive period
|
0021| exceeding thirty days shall register the vehicle and pay the
|
0022| same fees [as] required [with reference to] for like
|
0023| vehicles owned by residents of this state. [This subsection
|
shall not be construed as limiting the effect of validly entered
|
reciprocal agreements between New Mexico and other states or of
|
proportional registration provided for in Section 66-3-4 NMSA
|
1978.]
|
0003| E. Every nonresident [including any foreign
|
corporation] carrying on business within this state and owning
|
0005| and regularly operating in that business any vehicle [trailer,
|
semitrailer, house trailer or pole trailer] within the state,
|
0007| shall register each vehicle and pay the same fees [as]
|
0008| required [with reference to] for like vehicles owned by
|
0009| residents of this state.
|
0010| F. For the purposes of this section, "nonresident
|
0011| owner" or "nonresident individual" includes members of the armed
|
0012| forces of the United States operating their personal passenger
|
0013| vehicles."
|
0014| Section 13. Section 66-3-4 NMSA 1978 (being Laws 1978,
|
0015| Chapter 35, Section 24, as amended) is recompiled as Section
|
0016| 66-3A-4 NMSA 1978 and is amended to read:
|
0017| "66-3A-4. APPLICATION FOR REGISTRATION [AND CERTIFICATE
|
OF TITLE].--
|
0019| A. Every owner of a vehicle of a type required to be
|
0020| registered in this state shall [make application to the
|
division for the registration and issuance of a certificate of
|
title for such] apply to the department to register the ve-
|
0023| hicle. Applications shall be upon the appropriate forms
|
0024| furnished by the [division] department and shall bear the
|
0025| permanently affixed signature of the owner [written with pen
|
and ink]. All applications presented to the [division]
|
0002| department shall contain:
|
0003| (1) the name, bona fide New Mexico residence
|
0004| or business address, as appropriate, and mailing address of
|
0005| the owner or [if the owner is a firm, association or
|
corporation, the name, bona fide New Mexico business address and
|
mail address of the firm, association or corporation] owners;
|
0008| (2) a description of the vehicle, including,
|
0009| [insofar as the hereinafter specified data may exist with
|
respect to a given vehicle] to the extent known, the make,
|
0011| model, type of body, the number of cylinders, type of fuel used,
|
0012| the serial number of the vehicle, the odometer reading, the
|
0013| engine or other identification number provided by the
|
0014| manufacturer of the vehicle, whether new or used and, if a
|
0015| vehicle not previously registered, the date of sale by the
|
0016| manufacturer or dealer to the person intending to operate
|
0017| [such] the vehicle. In the event a vehicle is designed,
|
0018| constructed, converted or rebuilt for the transportation of
|
0019| property, the application shall include a statement of its rated
|
0020| capacity as established by the manufacturer of the chassis or
|
0021| the complete vehicle;
|
0022| (3) a statement of the applicant's title and of
|
0023| all liens or encumbrances upon [said] the vehicle and the
|
0024| names and addresses of all persons having any interest therein
|
0025| and the nature of every such interest and the name and address
|
0001| of the person to whom the certificate of title shall be
|
0002| delivered by the [division] department;
|
0003| (4) if the vehicle required to be registered is
|
0004| a [house trailer, as defined in the Motor Vehicle Code]
|
0005| manufactured home, a certificate from the treasurer or
|
0006| assessor of the county in which the [house trailer]
|
0007| manufactured home is located showing that either:
|
0008| (a) all property taxes due or to become
|
0009| due on the [house trailer] manufactured home for the current
|
0010| tax year or any past tax years have been paid; or
|
0011| (b) no liability for property taxes on
|
0012| the [house trailer] manufactured home exists for the current
|
0013| year or any past tax years; [and]
|
0014| (5) if the owner of the vehicle rents or
|
0015| intends to rent the vehicle without a driver, a statement of
|
0016| that fact;
|
0017| (6) if a county or municipal ordinance requires
|
0018| the vehicle to pass a vehicle emissions inspection, the valid
|
0019| vehicle emission inspection certificate for the vehicle in
|
0020| accordance with Section 66-3A-6 NMSA 1978;
|
0021| (7) if the vehicle is imported into this
|
0022| country, a certificate of compliance that states that the
|
0023| vehicle meets all applicable federal vehicle equipment and
|
0024| emissions equipment requirements;
|
0025| (8) a statement disclosing odometer mileage as
|
0001| of the date of application;
|
0002| (9) if a vehicle has been damaged by collision
|
0003| or other occurrence so that either the cost of repairing the
|
0004| damage exceeds the fair market value of the vehicle or the
|
0005| vehicle has been declared a total loss by an insurance company,
|
0006| a statement of that fact;
|
0007| (10) if the vehicle is a historic vehicle, a
|
0008| witnessed bill of sale or an affidavit that the vehicle was
|
0009| assembled by the owner from parts of automobiles at least
|
0010| thirty-five years old; and
|
0011| [(5)] (11) further information as may
|
0012| reasonably be required by the [division] department to
|
0013| enable it to determine whether the vehicle is lawfully entitled
|
0014| to registration [and the owner entitled to a certificate of
|
title].
|
0016| B. Any owner of a vehicle subject to registration
|
0017| which has never been registered in this state [and] but
|
0018| which [vehicle] has been registered in another state shall
|
0019| have [such] the vehicle examined and inspected for its
|
0020| identification number or engine number by the [division]
|
0021| department or an officer or designated agent thereof incident
|
0022| to securing registration [reregistration or a certificate of
|
title] from the [division] department.
|
0024| C. When [such] an application refers to a
|
0025| vehicle not previously registered and [such] the vehicle is
|
0001| purchased from a dealer licensed in [the] this state or a
|
0002| dealer licensed or recognized as such in any other state,
|
0003| territory or possession of the United States, the application
|
0004| shall be accompanied by a manufacturer's certificate of origin
|
0005| duly assigned by [said] the dealer to the purchaser. In the
|
0006| event that a vehicle not previously registered is sold by the
|
0007| manufacturer to a dealer in a state not requiring a
|
0008| manufacturer's certificate of origin and in the event that the
|
0009| vehicle is subsequently purchased by a dealer or any person in
|
0010| this state, the application for title shall be accompanied by
|
0011| the evidence of title accepted by the state in which the vehicle
|
0012| was sold by the manufacturer [thereof] to a dealer in that
|
0013| state together with evidence of subsequent transfers.
|
0014| D. When an application refers to a vehicle
|
0015| currently registered, the application shall be accompanied by a
|
0016| properly endorsed certificate of title and the current evidence
|
0017| of registration. If the vehicle is currently registered with
|
0018| New Mexico, the registration process may be referred to as "re-registration" or "registration renewal".
|
0019| E. In the event the vehicle to be registered is a
|
0020| specially constructed, reconstructed or foreign vehicle, that
|
0021| fact shall be stated in the application, and with reference to
|
0022| every foreign vehicle previously registered in another state,
|
0023| the owner shall surrender to the department all registration
|
0024| cards and certificates of title or other evidence of foreign
|
0025| registration as may be in his possession or under his control.
|
0001| F. Every application for registration shall be
|
0002| accompanied by the required fee."
|
0003| Section 14. A new section of the Motor Vehicle Code,
|
0004| Section 66-3A-5 NMSA 1978, is enacted to read:
|
0005| "66-3A-5. [NEW MATERIAL] WHEN APPLICATION REQUIRED.--Application for registration and for certificate of title shall
|
0006| be made within thirty days of the date on which the sale,
|
0007| assignment or other transfer of the vehicle to the applicant
|
0008| occurred or on which the applicant imported the vehicle into New
|
0009| Mexico from another nation."
|
0010| Section 15. Section 66-3-7.1 NMSA 1978 (being Laws 1988,
|
0011| Chapter 103, Section 1, as amended) is recompiled as Section
|
0012| 66-3A-6 NMSA 1978 and is amended to read:
|
0013| "66-3A-6. REGISTRATION IF VEHICLE EMISSION INSPECTION TEST
|
0014| REQUIRED--REQUIRING A CERTIFICATE--REGISTRATION IN CLASS A
|
0015| COUNTIES.--
|
0016| A. No vehicle required by county or municipal
|
0017| ordinance to pass a vehicle emission inspection test shall be
|
0018| registered with the [division] department until such time as
|
0019| a valid vehicle emission inspection certificate is presented,
|
0020| unless the ordinance of the municipality or county specifically
|
0021| excludes enforcement by the [division] department. The
|
0022| provisions of this section shall apply to a class A county or
|
0023| municipality within a class A county that has a vehicle emission
|
0024| inspection program, and the provisions of this section may apply
|
0025| to a municipality in an adjoining or contiguous county to a
|
0001| class A county that adopts a vehicle emission inspection
|
0002| program. Any municipality may adopt a voluntary or mandatory
|
0003| vehicle emission inspection program by ordinance. The ordinance
|
0004| may exempt or exclude certain categories or classifications of
|
0005| vehicles and may exempt or exclude a vehicle because of age or
|
0006| type of vehicle.
|
0007| B. It [shall be] is a misdemeanor for any person
|
0008| to register a vehicle in a county or municipality [which]
|
0009| that does not conduct a vehicle emission testing program if
|
0010| the registered owner of that vehicle resides in a county or
|
0011| municipality conducting a vehicle emissions inspection program
|
0012| and the person registering the vehicle does so for the purpose
|
0013| of evading a vehicle emissions inspection program."
|
0014| Section 16. Section 66-3-101 NMSA 1978 (being Laws 1978,
|
0015| Chapter 35, Section 48, as amended) is recompiled as Section
|
0016| 66-3A-7 NMSA 1978 and is amended to read:
|
0017| "66-3A-7. TRANSFER BY OWNER--[RECORDATION] RECORDING
|
0018| OF MILEAGE OF VEHICLE.--
|
0019| A. Whenever the owner of a registered vehicle sells,
|
0020| transfers or assigns his title or interest in, and delivers the
|
0021| possession of, the vehicle to another, the registration of the
|
0022| vehicle [shall expire] expires, except as provided in
|
0023| Subsection B of this section. The [previous owner]
|
0024| transferor shall notify the [division] department of the
|
0025| sale or transfer giving the date thereof, the name and address
|
0001| of the [new owner] transferee and [such] a description
|
0002| of the vehicle as may be required in the appropriate form
|
0003| provided for [such] the purpose by the [division]
|
0004| department. Except as provided in Subsection E of this
|
0005| section, in the case of [any] a transfer, including but not
|
0006| limited to a transfer resulting from a sale, lease, gift or
|
0007| auction of any vehicle, the [person making the transfer]
|
0008| transferor shall: [sign and shall]
|
0009| (1) endorse an assignment and warranty of
|
0010| title upon the certificate of title for the vehicle with a
|
0011| statement of all liens or encumbrances;
|
0012| (2) record on the document evidencing the
|
0013| transfer of the vehicle the actual mileage of the vehicle as
|
0014| indicated by the vehicle's odometer at the time of the transfer;
|
0015| and
|
0016| (3) deliver the certificate of title to the
|
0017| purchaser or transferee at the time of delivering the vehicle.
|
0018| B. The [owner] transferor shall remove the
|
0019| registration plates from the vehicle except as provided in
|
0020| Subsection C of this section and, within thirty days from the
|
0021| date of transfer, shall either:
|
0022| (1) forward the registration plates to the
|
0023| [division] department or its authorized agent to be
|
0024| destroyed; or [may have the]
|
0025| (2) request the department to assign the
|
0001| registration plate and the registration number assigned to
|
0002| another vehicle [as provided for in Section 66-3-104 NMSA
|
1978] upon the payment of the difference, if any, between the
|
0004| paid registration fee and the new registration fee and the
|
0005| transfer fee provided by law and subject to the rules and
|
0006| regulations of the [division] department. The registration
|
0007| plate shall be transferred only where the application for
|
0008| transfer is made in the name of the transferor unless the
|
0009| transferor's name has been changed by marriage, divorce or court
|
0010| order. The registration plate shall not be displayed upon the
|
0011| newly acquired vehicle until the registration of the vehicle has
|
0012| been completed and a new evidence of registration issued.
|
0013| C. Whenever the owner of a vehicle bearing a current
|
0014| registration plate of a foreign state, territory or country
|
0015| transfers or assigns his title or interest in the vehicle, the
|
0016| foreign registration plate [must] shall be delivered,
|
0017| together with the title to the vehicle and evidence of
|
0018| registration, to the [division] department or its authorized
|
0019| agent at the time application is made for a New Mexico regis-
|
0020| tration plate, except when the assignment or transfer of the
|
0021| title is to a bona fide resident of the foreign state, territory
|
0022| or country in which the vehicle is registered.
|
0023| D. Except as otherwise provided in Subsection E of
|
0024| this section, the transferee before operating or permitting the
|
0025| operation of the vehicle on a highway shall present to the
|
0001| department the evidence of registration and the properly
|
0002| assigned certificate of title and shall apply for and obtain a
|
0003| new certificate of title and a new registration for the vehicle.
|
0004| E. When the transferee of a vehicle is a dealer who
|
0005| holds the vehicle for resale and operates the vehicle only for
|
0006| purposes incident to a resale or when a dealer does not drive
|
0007| the vehicle or permit it to be driven upon the highways, the
|
0008| dealer shall not be required to obtain transfer of registration
|
0009| of the vehicle or forward the certificate of title to the
|
0010| department. However, the dealer, upon transferring the dealer's
|
0011| title or interest to another person, shall execute an assignment
|
0012| and warrant of title upon the certificate of title and deliver
|
0013| the certificate of title to the person to whom the transfer is
|
0014| made."
|
0015| Section 17. Section 66-3-105 NMSA 1978 (being Laws 1978,
|
0016| Chapter 35, Section 52) is recompiled as Section 66-3A-8 NMSA
|
0017| 1978 and is amended to read:
|
0018| "66-3A-8. TRANSFER BY OPERATION OF LAW.--
|
0019| A. Whenever the title or interest of an owner in or
|
0020| to a registered vehicle [shall pass] passes to another by
|
0021| operation of law, [as upon inheritance, bequest, order in
|
bankruptcy or insolvency, execution sale, repossession upon
|
default in performance in the terms of a lease or executory
|
sales contract, or otherwise than by voluntary transfer, the
|
transferee shall be subject to the provisions of this section.
|
B.] notice of the transfer by operation of law
|
0002| shall be signed by the executor, administrator, receiver,
|
0003| trustee, sheriff or other representative or successor in
|
0004| interest of the owner of the vehicle. The registration
|
0005| [certificate and] evidence and registration plate shall be
|
0006| delivered to the registered owner upon [such] notification or
|
0007| shall be removed by the transferee upon repossession and
|
0008| submitted to the [division] department for cancellation.
|
0009| [C.] B. The transferee, except as provided in
|
0010| Subsection [D] C of this section, shall secure a transfer of
|
0011| registration to himself and a new certificate of title upon
|
0012| proper application and upon presentation of the last certificate
|
0013| of title, if available, and [such] the instruments or
|
0014| documents of authority or certified copies thereof as may be
|
0015| sufficient or required by law to evidence or effect a transfer
|
0016| of title or interest in or to chattels in such case.
|
0017| [D.] C. When the transferee does not operate or
|
0018| permit the operation of [such] the vehicle upon the highways
|
0019| or when the transferee operates [such] the vehicle only for
|
0020| the purposes of immediate delivery, demonstration or resale to
|
0021| another person, the transferee shall display upon [such] the
|
0022| vehicle a temporary permit issued to [such] the vehicle by
|
0023| the [division] department. The transferee shall not be re-
|
0024| quired to secure a transfer of registration or a new certificate
|
0025| of title, but upon his transfer of title or interest to another
|
0001| person, [he] the transferee shall execute an assignment and
|
0002| warranty of title upon the certificate of title previously
|
0003| issued, if available, and deliver the same, along with the
|
0004| documents of authority or certified copies thereof as may be
|
0005| sufficient or required by law to evidence the rights of [such]
|
0006| the person, to the person to whom [such] the transfer is
|
0007| made."
|
0008| Section 18. Section 66-3-107 NMSA 1978 (being Laws 1978,
|
0009| Chapter 35, Section 54, as amended) is recompiled as Section
|
0010| 66-3A-9 NMSA 1978 and is amended to read:
|
0011| "66-3A-9. TRANSFER BY DEALER--APPLICATION FOR TRANSFER--[PENALTY] MILEAGE OF VEHICLE.--
|
0012| A. Dealers required to be licensed [under]
|
0013| pursuant to the provisions of the Motor Vehicle Code shall
|
0014| furnish to a purchaser upon delivery of a vehicle required to be
|
0015| registered [under] pursuant to the provisions of the Motor
|
0016| Vehicle Code the necessary title properly assigned and shall
|
0017| inform the purchaser that application of transfer must be filed
|
0018| with the [division] department within thirty days of the
|
0019| date of delivery. When a dealer allows a vehicle [or motor
|
vehicle] to be purchased over a period of time pursuant to an
|
0021| expressed or implied contract and elects to retain a security
|
0022| interest in [said] the vehicle, the dealer shall collect the
|
0023| necessary transfer fees from the purchaser upon delivery of the
|
0024| vehicle and shall, within thirty days, pay all transfer fees due
|
0025| on [said] the vehicle to the [division of motor vehicles]
|
0001| department and shall give to the new purchaser the new
|
0002| evidence of registration [certificate] in the purchaser's
|
0003| name.
|
0004| B. Every dealer, upon transferring by sale, lease or
|
0005| otherwise any vehicle, whether new or used, of a type [subject
|
to registration under] required to be registered pursuant to
|
0007| the provisions of the Motor Vehicle Code shall give written
|
0008| notice of the transfer to the [division] department upon an
|
0009| appropriate form provided by the [division] department.
|
0010| C. [Except as otherwise provided in this
|
subsection] The dealer shall indicate on the form the actual
|
0012| mileage of the vehicle as indicated by the vehicle's odometer at
|
0013| the time of the transfer.
|
0014| D. A sale shall be deemed completed and consummated
|
0015| when the purchaser of that vehicle has paid the purchase price
|
0016| or, in lieu thereof, has signed a purchase contract or security
|
0017| agreement and taken physical possession or delivery of that
|
0018| vehicle.
|
0019| [E. Failure to apply for transfer of registration
|
and issuance of a new certificate of title within thirty days
|
from the date of transfer shall subject the transferee to a
|
penalty of twenty dollars ($20.00) which shall be collected by
|
the division and shall be in addition to other fees and
|
penalties provided by law.]"
|
0025| Section 19. Section 66-3-6 NMSA 1978 (being Laws 1978,
|
0001| Chapter 35, Section 26, as amended) is recompiled as Section
|
0002| 66-3A-10 NMSA 1978 and is amended to read:
|
0003| "66-3A-10. TEMPORARY PERMITS.--
|
0004| A. The [division] department may issue a
|
0005| temporary permit to operate a vehicle pending action by the
|
0006| [division] department upon an application for registration
|
0007| [and certificate of title] when the application is accompanied
|
0008| by the proper fee. [and the division] The department may
|
0009| issue a temporary permit [for a fifty cent ($.50) fee] to
|
0010| individuals and to financing institutions to operate a vehicle
|
0011| for purposes of demonstrating the vehicle for resale. The
|
0012| temporary permit shall state the number of days the permit is
|
0013| valid and shall be validated by the signature of the director.
|
0014| B. Upon receipt of the proper fee, the
|
0015| [division] department shall issue temporary transportation
|
0016| permits to dealers licensed [under] pursuant to the
|
0017| provisions of the [Motor Vehicle Code who hold current special
|
plates issued under Section 66-3-402 NMSA 1978. The division
|
shall collect a fee of fifty cents ($.50) for each permit
|
issued] Motor Vehicle Dealer and Dismantler Licensing Act.
|
0021| Temporary transportation permits shall be used only by the
|
0022| dealer to whom the permits are issued. Use of the permits shall
|
0023| be only for importing vehicles into this state or for transport-
|
0024| ing vehicles between dealers intrastate and only on vehicles
|
0025| owned by the dealer. Use of the permits shall be deemed
|
0001| compliance with the requirements of Section [66-3-4] 66-3A-4
|
0002| NMSA 1978. For misuse of the permits by a dealer, the director
|
0003| may revoke or suspend their use after a hearing as provided in
|
0004| Section [66-4-3] 66-2-17 NMSA 1978. The permits shall be
|
0005| validated by the signature of the dealer to whom they are issued
|
0006| and are valid for not more than thirty additional days from the
|
0007| date of validation. In addition to the
|
0008| general requirements for temporary permits, all temporary
|
0009| transportation permits shall include the following:
|
0010| (1) the name of the dealer to whom the permits
|
0011| are issued;
|
0012| (2) the name of the authorized driver of the
|
0013| vehicle;
|
0014| (3) the point of origin of the trip covered by
|
0015| the permit; and
|
0016| (4) the point of termination of the trip
|
0017| covered by the permit.
|
0018| C. The [division] department shall issue
|
0019| temporary retail-sale permits to dealers licensed under the
|
0020| [Motor Vehicle Code who hold current special plates issued
|
under Section
|
66-3-402 NMSA 1978. The division shall collect a fee of fifty
|
cents ($.50) for each permit issued] Motor Vehicle Dealer and
|
0024| Dismantler Licensing Act. Temporary retail-sale permits shall
|
0025| be used only on vehicles sold at retail by the dealer to whom
|
0001| the temporary permits are issued and shall not be extended nor
|
0002| another issued for the same vehicle and only after the
|
0003| application for registration has been executed and proper fees
|
0004| collected by the dealer, except that when a vehicle is sold to a
|
0005| bona fide nonresident, neither an application for registration
|
0006| nor the payment of fees is required under this section. Use of
|
0007| the permits shall be deemed compliance with the provisions of
|
0008| Section [66-3-4] 66-3A-4 NMSA 1978. For the misuse of the
|
0009| permits by a dealer, the [director] department may revoke or
|
0010| suspend their use after a hearing as provided in Section
|
0011| [66-4-3] 66-2-17 NMSA 1978. The permits shall be validated
|
0012| by the signature of the dealer to whom they are issued and shall
|
0013| be valid for not more than thirty additional days from the date
|
0014| of validation. Temporary retail-sale permits shall:
|
0015| (1) name the dealer to whom the permits are
|
0016| issued; and
|
0017| (2) name the person to whom the vehicle has
|
0018| been sold.
|
0019| D. The [division] department shall prescribe the
|
0020| size and shape of all temporary permits. No temporary permit is
|
0021| valid until affixed to the vehicle for which it is validated in
|
0022| a manner prescribed by the [division] department. All
|
0023| temporary permits shall:
|
0024| (1) identify the vehicle for which it is
|
0025| validated by make, model, year of model and engine or other
|
0001| identifying number;
|
0002| (2) bear an identification number of a size and
|
0003| color to be prescribed by the [division] department;
|
0004| (3) bear the expiration date of the permit in
|
0005| numerals of a size to be prescribed by the [division]
|
0006| department; and
|
0007| (4) bear the date the validating signature is
|
0008| affixed.
|
0009| E. The fee for issuance of any permit authorized by
|
0010| this section is one dollar ($1.00). The [division]
|
0011| department shall remit the temporary permit fee revenues of
|
0012| this section to the motor vehicle suspense fund to be dis-
|
0013| tributed in accordance with Section 66-6-23 NMSA 1978."
|
0014| Section 20. Section 66-3-8 NMSA 1978 (being Laws 1978,
|
0015| Chapter 35, Section 28, as amended) is recompiled as Section
|
0016| 66-3A-11 NMSA 1978 and is amended to read:
|
0017| "66-3A-11. EXAMINATION OF REGISTRATION RECORDS AND INDEX
|
0018| OF STOLEN AND RECOVERED VEHICLES.--
|
0019| A. The department shall file each application
|
0020| received for registration of a vehicle.
|
0021| B. The department, upon receiving application for
|
0022| original registration of a vehicle or any certificate of title,
|
0023| shall [first] check the engine or other standard
|
0024| identification number provided by the manufacturer of the
|
0025| vehicle shown in the application against its own records, the
|
0001| records of the national crime information center and other
|
0002| records as appropriate."
|
0003| Section 21. Section 66-3-7 NMSA 1978 (being Laws 1978,
|
0004| Chapter 35, Section 27, as amended) is recompiled as Section
|
0005| 66-3A-12 NMSA 1978 and is amended to read:
|
0006| "66-3A-12. GROUNDS FOR REFUSING REGISTRATION OR
|
0007| CERTIFICATE OF TITLE.--
|
0008| A. The [division] department may refuse
|
0009| registration or issuance of a certificate of title or any
|
0010| transfer of registration upon the ground that:
|
0011| [A.] (1) the application contains [any]
|
0012| a false or fraudulent statement or that the applicant has
|
0013| failed to furnish the required information or reasonable
|
0014| additional information requested by the [division]
|
0015| department or that the applicant is not entitled to the
|
0016| issuance of a certificate of title or registration of the
|
0017| vehicle [under] pursuant to the provisions of the Motor
|
0018| Vehicle Code;
|
0019| [B.] (2) the vehicle is mechanically unfit
|
0020| or unsafe to be operated or moved upon the highways;
|
0021| [C.] (3) the [division] department has
|
0022| reasonable ground to believe that the vehicle is a stolen or
|
0023| embezzled vehicle or that the granting of registration or the
|
0024| issuance of a certificate of title would constitute a fraud
|
0025| against the rightful owner or other person having valid lien
|
0001| upon the vehicle;
|
0002| [D.] (4) the registration of the vehicle
|
0003| stands suspended or revoked for any reason as provided in the
|
0004| motor vehicle laws of this state;
|
0005| [E.] (5) the required fee has not been
|
0006| paid;
|
0007| [F.] (6) the motor vehicle excise tax has
|
0008| not been paid;
|
0009| [G.] (7) if the vehicle is a [mobile]
|
0010| manufactured home, the property tax has not been paid;
|
0011| [H.] (8) the owner's address, as shown in
|
0012| the records of the [division] department, is within a class
|
0013| A county or within any municipality that has a vehicle emission
|
0014| inspection and maintenance program and the applicant has applied
|
0015| at an office outside the designated county or municipality; or
|
0016| [I.] (9) the owner is required to but has
|
0017| failed to provide proof of compliance with a vehicle emission
|
0018| inspection and maintenance program, if required in the county or
|
0019| municipality in which the owner resides.
|
0020| B. The applicant may protest a refusal to register
|
0021| a vehicle, to issue a certificate of title or to transfer
|
0022| registration in accordance with the provisions of Section
|
0023| 66-2-17 NMSA 1978."
|
0024| Section 22. Section 66-3-9 NMSA 1978 (being Laws 1978,
|
0025| Chapter 35, Section 29, as amended) is recompiled as Section
|
0001| 66-3A-13 NMSA 1978 and is amended to read:
|
0002| "66-3A-13. REGISTRATION [INDEXES] OF VEHICLE.--[The
|
department shall file each application received for registration
|
of a vehicle.]
|
0005| A. When satisfied as to the genuineness and
|
0006| regularity of the application and that the applicant is entitled
|
0007| to register the vehicle [and to the issuance of a certificate
|
of title], the department shall register the vehicle described
|
0009| and keep a suitable record thereof.
|
0010| B. The department shall prepare evidence of
|
0011| registration. The registration evidence shall be delivered to
|
0012| the owner and shall contain upon its face the date issued, the
|
0013| name and address of the owner, the registration number assigned
|
0014| to the owner and a description of the vehicle registered to the
|
0015| owner as determined by the department. The evidence of
|
0016| registration may include an odometer statement.
|
0017| C. Registration evidence for a vehicle registered
|
0018| according to gross vehicle weight shall show the gross vehicle
|
0019| weight of the vehicle. For these vehicles, a special
|
0020| registration plate, sticker or electronic device displaying the
|
0021| gross vehicle weight may be issued. When issued, the special
|
0022| registration plate, sticker or electronic device shall be
|
0023| attached to the motive unit and shall remain attached in the
|
0024| place and manner set by department regulations or
|
0025| instructions."
|
0001| Section 23. Section 66-3-13 NMSA 1978 (being Laws 1978,
|
0002| Chapter 35, Section 33) is recompiled as Section 66-3A-14 NMSA
|
0003| 1978 and is amended to read:
|
0004| "66-3A-14. EVIDENCE OF REGISTRATION TO BE SIGNED AND
|
0005| EXHIBITED ON DEMAND.--Every owner upon receipt of registration
|
0006| evidence shall write his signature thereon in a space provided.
|
0007| Every [such] registration evidence or duplicate [thereof]
|
0008| of registration evidence validated by the [division]
|
0009| department shall be exhibited upon demand of any police
|
0010| officer."
|
0011| Section 24. Section 66-3-14 NMSA 1978 (being Laws 1978,
|
0012| Chapter 35, Section 34, as amended) is recompiled as Section
|
0013| 66-3A-15 NMSA 1978 and is amended to read:
|
0014| "66-3A-15. REGISTRATION PLATES OR VALIDATING STICKERS TO
|
0015| BE FURNISHED BY DEPARTMENT [REFLECTIVE MATERIAL].--
|
0016| A. The department upon registering a vehicle shall
|
0017| issue a regular or special registration plate or a validating
|
0018| sticker to the owner of the vehicle. The validating sticker may
|
0019| be designed and required to be placed on the registration plate
|
0020| or elsewhere on the vehicle as prescribed by the department.
|
0021| B. Each registration plate shall [have a background
|
of reflective material such] be so designed and produced that
|
0023| the registration number assigned to the vehicle is plainly
|
0024| legible from a distance of one hundred feet at night. The
|
0025| colors [shall] of the regular registration plate may include
|
0001| those of the state flag [except prestige and special plates].
|
0002| All registration plates shall be the same size except that
|
0003| registration plates for motorcycles may be smaller than regular
|
0004| registration plates.
|
0005| C. Each registration plate shall have displayed upon
|
0006| it:
|
0007| (1) the registration number assigned to the
|
0008| person to whom it was issued; and
|
0009| (2) the name of this state.
|
0010| D. The department shall issue no registration plates
|
0011| for privately owned vehicles that contain [the words "staff
|
officer" or any other] any title except as otherwise provided
|
0013| by law.
|
0014| E. All registration plates of a type, whether
|
0015| regular or special, for private vehicles shall be alike in form
|
0016| except for the owner's registration number. The department
|
0017| shall adopt registration number systems for registration plates.
|
0018| The department may issue different types of regular
|
0019| registration plates to denote different types of vehicles,
|
0020| including but not limited to passenger vehicles, farm vehicles,
|
0021| recreational vehicles, buses, vehicles whose gross vehicle
|
0022| weight exceeds twenty-six thousand pounds and business vehicles
|
0023| of vehicle manufacturers, dealers, wreckers or dismantlers.
|
0024| F. In lieu of or in addition to a registration plate
|
0025| or sticker for commercial motor vehicles, the department may
|
0001| issue an electronic identifying device."
|
0002| Section 25. Section 66-3-17 NMSA 1978 (being Laws 1978,
|
0003| Chapter 35, Section 37, as amended) is recompiled as Section
|
0004| 66-3A-16 NMSA 1978 and is amended to read:
|
0005| "66-3A-16. REGISTRATION PLATE--REPLACEMENT OF PLATE.--
|
0006| A. Succeeding registration renewals [of the
|
registration plate] issued under Section [66-3-14] 66-3A-15
|
0008| NMSA 1978 shall cause the [division] department to issue a
|
0009| validating sticker only, except as provided in Subsections B and
|
0010| C of this section, to be affixed to the registration plate.
|
0011| B. The person to whom the registration plate is
|
0012| issued may, at any time, apply for the issuance of a duplicate
|
0013| or replacement plate. [and] Upon the surrender of the
|
0014| registration plate [he then has], along with the payment of a
|
0015| reasonable fee set by the [director] department that will
|
0016| cover the cost of the production and distribution of the plate,
|
0017| the applicant shall be issued a duplicate or replacement
|
0018| registration plate.
|
0019| C. Any peace officer [may], upon discovering that
|
0020| the registration plate of any vehicle is illegible because of
|
0021| wear or damage or other cause, may issue a citation to the
|
0022| owner or operator of the vehicle. The citation shall provide
|
0023| that the owner [shall], within thirty days from the date of
|
0024| the citation, shall apply for and obtain a duplicate or
|
0025| replacement registration plate from the [division]
|
0001| department."
|
0002| Section 26. Section 66-3-18 NMSA 1978 (being Laws 1978,
|
0003| Chapter 35, Section 38, as amended) is recompiled as Section
|
0004| 66-3A-17 NMSA 1978 and is amended to read:
|
0005| "66-3A-17. DISPLAY OF REGISTRATION PLATE--DISPLAYS
|
0006| PROHIBITED AND ALLOWED.--
|
0007| A. The registration plate shall be attached to the
|
0008| rear of the vehicle for which it is issued; however, the
|
0009| registration plate shall be attached to the front of a road
|
0010| tractor or truck tractor. The plate shall be securely fastened
|
0011| at all times in a fixed horizontal position at a height of not
|
0012| less than twelve inches from the ground, measuring from the
|
0013| bottom of the plate. It shall be in a place and position so as
|
0014| to be clearly visible, and it shall be maintained free from
|
0015| foreign material and in a condition to be clearly legible. No
|
0016| frame or cover of any type may be placed over or around a
|
0017| registration plate if it covers any portion of the registration
|
0018| plate displaying the state name, state motto, registration
|
0019| number or validation decal. No frame or cover placed over or
|
0020| around a registration plate may illuminate the registration
|
0021| plate using neon lighting.
|
0022| B. No vehicle while being operated on the highways
|
0023| of this state shall have displayed either on the front or the
|
0024| rear of the vehicle any registration plate, including tab or
|
0025| sticker, other than one issued or validated for the current
|
0001| registration period by the [division] department or any
|
0002| other licensing authority having jurisdiction over the vehicle.
|
0003| No expired registration plate, tab or sticker shall be displayed
|
0004| on the vehicle other than an expired special registration plate
|
0005| which may be exhibited on the front of the vehicle.
|
0006| C. Nothing contained in this section shall be
|
0007| construed as prohibiting the use on the front of the vehicle of
|
0008| a promotional or advertising plate."
|
0009| Section 27. Section 66-6-14 NMSA 1978 (being Laws 1978,
|
0010| Chapter 35, Section 349) is recompiled as Section 66-3A-18 NMSA
|
0011| 1978 and is amended to read:
|
0012| "66-3A-18. VEHICLES OF UNITED STATES AND OTHER STATES.--Vehicles or trailers owned by and used in the service of the
|
0013| United States or of any [other] state or political subdivision
|
0014| thereof, other than the state of New Mexico, need not be
|
0015| registered but must continually display plates or signs setting
|
0016| forth the fact that they are in the service of the United States
|
0017| or of [such other] another state or political subdivision
|
0018| thereof."
|
0019| Section 28. Section 66-6-15 NMSA 1978 (being Laws 1978,
|
0020| Chapter 35, Section 350) is recompiled as Section 66-3A-19 NMSA
|
0021| 1978 and is amended to read:
|
0022| "66-3A-19. VEHICLES OF THE STATE, COUNTY OR
|
0023| MUNICIPALITY.--
|
0024| A. Vehicles or trailers of a type required to be
|
0025| registered under the Motor Vehicle Code that are owned by and
|
0001| used in the service of the state of New Mexico or of any county
|
0002| or municipality [thereof] of this state need not be
|
0003| registered but must continually display special registration
|
0004| plates furnished by the [division] department.
|
0005| B. Vehicles on loan from dealers and used in an
|
0006| approved driver-training program by the public schools need not
|
0007| be registered but must continually display special
|
0008| registration plates [funished] furnished by the
|
0009| [division] department.
|
0010| [C. Each state department or agency, each county
|
and each municipality shall apply to the division for a plate
|
for each vehicle or trailer in their service and shall provide
|
identifying information concerning each vehicle or trailer for
|
which a plate is applied for.
|
D. The division shall issue plates for vehicles and
|
trailers in the service of the state or of any county or
|
municipality thereof and keep a record of plates issued and
|
plates returned. Such plates shall be permanent and need not be
|
renewed from year to year. Such plates shall be numbered to
|
identify the state department or agency, the county or
|
municipality to which the platies are issued. Such plates shall
|
be the same size as registration plates issued to private
|
vehicles but shall be different in color from the registration
|
plates issued to private vehicles.]"
|
0025| Section 29. Section 66-3-19 NMSA 1978 (being Laws 1978,
|
0001| Chapter 35, Section 39, as amended by Laws 1995, Chapter 44,
|
0002| Section 2 and also by Laws 1995, Chapter 135, Section 12) is
|
0003| recompiled as Section 66-3A-20 NMSA 1978 and is amended to read:
|
0004| "66-3A-20. RENEWAL OF REGISTRATION--STAGGERED PERIOD FOR
|
0005| VEHICLES--EXCEPTION FOR MANUFACTURED HOMES AND FREIGHT
|
0006| TRAILERS [LATE REGISTRATION].--
|
0007| A. The department, in order to operate a more
|
0008| uniform system of vehicle registration, is authorized for
|
0009| certain or all vehicles to:
|
0010| (1) prorate registration fees by monthly
|
0011| increments, but after the initial registration adjustment
|
0012| period, renewals of registration shall be for a full twelve-month period;
|
0013| (2) determine the specific registered vehicle
|
0014| owners and the numbers of these to be assigned to each
|
0015| registration period in order to maintain the system;
|
0016| (3) notify each registered vehicle owner by
|
0017| mail at the last known address within an appropriate period
|
0018| prior to the beginning of the registration period to which the
|
0019| owner has been assigned. The notice shall include a renewal-of-registration application form specifying the amount of
|
0020| registration fees due and the specific dates of the registration
|
0021| period covered by the renewal application;
|
0022| (4) provide for the retention of registration
|
0023| plates;
|
0024| (5) provide for the issuance of validating
|
0025| stickers to be affixed either to retained registration plates or
|
0001| elsewhere on the vehicles as prescribed by the department to
|
0002| signify the registration of the vehicles for the current
|
0003| registration period; and
|
0004| (6) provide for identification purposes clearly
|
0005| recognizable distinctions between current and expired
|
0006| registration plates. To this end, the department, by whatever
|
0007| system or device the secretary may direct and which is approved
|
0008| by the chief of the New Mexico state police division of the
|
0009| department of public safety, shall ensure a practicable display
|
0010| of the proper and current registration of vehicles.
|
0011| B. Certificates of title need not be renewed
|
0012| annually but shall remain valid until canceled by the department
|
0013| for cause or upon transfer of any interest shown in the
|
0014| certificate of title.
|
0015| C. The vehicle registration of vehicles registered
|
0016| under the provisions of Subsection A of this section expires on
|
0017| the last day of the twelve-month period for which the vehicle
|
0018| has been registered. Every vehicle registration other than
|
0019| historic vehicles, vehicles registered in accordance with
|
0020| Subsection A of this section, manufactured homes and freight
|
0021| trailers expires December 31. The department may receive
|
0022| applications for renewal of registration and may issue new
|
0023| registration evidence and registration plates or validating
|
0024| stickers at any time prior to expiration of registration. The
|
0025| registration of a historic vehicle does not expire and the
|
0001| historic vehicle remains registered until it is transferred to
|
0002| another person or the registration is canceled.
|
0003| D. The registration of a manufactured home or
|
0004| freight trailer need not be renewed annually, and the initial
|
0005| registration shall be effective and considered a current
|
0006| registration for the purpose of the Motor Vehicle Code as long
|
0007| as the ownership of the vehicle is not transferred or
|
0008| canceled. The transfer of title provisions of the Motor
|
0009| Vehicle Code do apply to manufactured homes and freight
|
0010| trailers, and the transferee is required to register the vehicle
|
0011| [in accordance with Section 66-3-103 NMSA 1978]. The
|
0012| department is authorized and directed to issue distinctive
|
0013| registration plates for manufactured homes and freight trailers
|
0014| that identify the plates as permanent registration plates.
|
0015| [E. It is unlawful to operate or transport or cause
|
to be transported upon any highways in this state any vehicle,
|
except a commercial motor vehicle registered in another state or
|
a manufactured home, subject to registration under the
|
provisions of the Motor Vehicle Code without having paid the
|
registration fee or without having secured and constantly
|
displayed the registration plate required by the Motor Vehicle
|
Code. If a vehicle, other than a manufactured home, is operated
|
or transported after the expiration of the vehicle registration,
|
the owner of the vehicle is subject to a penalty of the greater
|
of ten dollars ($10.00) or, if the vehicle is operated or
|
transported thirty-one or more days after the expiration of the
|
registration, an amount equal to seventy-five percent of the
|
registration fee. Any duly appointed deputy or agent of the
|
department has the authority to seize the vehicle and hold it
|
until the fee, penalty and any fine that may be imposed for
|
violation of law are paid and may sell the vehicle in the manner
|
provided by law for the distraint and sale of personal property.
|
F. It is unlawful to operate, transport or cause to
|
be transported upon any highways in this state or to maintain in
|
any place in this state a manufactured home subject to
|
registration under the provisions of the Motor Vehicle Code
|
without having paid the registration fee or without having
|
secured and constantly displayed the registration plate required
|
by the Motor Vehicle Code. Violation of this subsection
|
subjects the owner to a penalty of five dollars ($5.00), and no
|
other administrative penalty for failure to register under the
|
Motor Vehicle Code shall be imposed upon manufactured homes that
|
are subject to the provisions of Section 66-6-10 NMSA 1978. Any
|
duly appointed deputy or agent of the department has authority
|
to seize the manufactured home and hold it until the fee,
|
penalties and any fine that may be imposed for violation of law
|
are paid and may sell the manufactured home in the manner
|
provided by law for the distraint and sale of personal property.
|
G.] E. This section authorizes a staggered system
|
0025| of registration of vehicles."
|
0001| Section 30. Section 66-3-20 NMSA 1978 (being Laws 1978,
|
0002| Chapter 35, Section 40, as amended) is recompiled as Section
|
0003| 66-3A-21 NMSA 1978 and is amended to read:
|
0004| "66-3A-21. RENEWAL OF REGISTRATION--VEHICLES REGISTERED BY
|
0005| [DECLARED] GROSS VEHICLE WEIGHT.--All motor vehicles
|
0006| registered by [declared] gross vehicle weight [including
|
vehicles subject to proportional registration or registration
|
under reciprocal agreement with another state] shall register
|
0009| with the department on a calendar year basis. Registration for
|
0010| all such vehicles expires on December 31 of each year.
|
0011| Application for renewal of registration shall be submitted to
|
0012| the department between October 1 and December 31 of the expiring
|
0013| registration year. Vehicle identification for the ensuing
|
0014| registration year shall not be honored before December 15 of the
|
0015| expiring registration year."
|
0016| Section 31. Section 66-3-20.1 NMSA 1978 (being Laws 1988,
|
0017| Chapter 94, Section 1, as amended) is recompiled as Section
|
0018| 66-3A-22 NMSA 1978 and is amended to read:
|
0019| "66-3A-22. PROVIDING FOR EXTENDED REGISTRATION PERIODS FOR
|
0020| CERTAIN MOTOR VEHICLES.--
|
0021| A. Registrations of vehicles, motorcycles and trucks
|
0022| with a [declared] gross vehicle weight of twenty-six thou-
|
0023| sand pounds or less may be for a period of up to two years;
|
0024| provided, the extended registration period shall begin on the
|
0025| first day of any month and expire on the last day of any month.
|
0001| B. The fee for an extended registration period shall
|
0002| be the fee for a registration for one year divided by four and
|
0003| multiplied by the number of calendar quarters in the
|
0004| registration period with any fraction of a quarter year to be
|
0005| considered a full quarter.
|
0006| C. Should a registration expire by operation of law
|
0007| prior to the end of the extended registration period, no portion
|
0008| of the registration fee shall be refunded."
|
0009| Section 32. A new section of the Motor Vehicle Code,
|
0010| Section 66-3A-23 NMSA 1978, is enacted to read:
|
0011| "66-3A-23. [NEW MATERIAL] UNLAWFUL OPERATION OR
|
0012| TRANSPORTATION OF VEHICLES--PENALTIES.--
|
0013| A. It is unlawful to operate or transport or cause
|
0014| to be transported upon any highways in this state any vehicle,
|
0015| except a commercial motor vehicle registered in another state or
|
0016| a manufactured home, subject to registration pursuant to the
|
0017| provisions of the Motor Vehicle Code without having paid the
|
0018| registration fee or without having secured and constantly
|
0019| displayed the registration plate required by the Motor Vehicle
|
0020| Code. If a vehicle, other than a manufactured home, is operated
|
0021| or transported after the expiration of the vehicle registration,
|
0022| the owner of the vehicle is subject to a penalty of the greater
|
0023| of ten dollars ($10.00) or, if the vehicle is operated or
|
0024| transported thirty-one or more days after the expiration of the
|
0025| registration, an amount equal to seventy-five percent of the
|
0001| registration fee. Any duly appointed deputy or agent of the
|
0002| department has the authority to seize the vehicle and hold it
|
0003| until the fee, penalty and any fine that may be imposed for
|
0004| violation of law are paid and may sell the vehicle in the manner
|
0005| provided by law for the distraint and sale of personal property.
|
0006| B. It is unlawful to operate, transport or cause to
|
0007| be transported upon any highways in this state or to maintain in
|
0008| any place in this state a manufactured home subject to
|
0009| registration pursuant to the provisions of the Motor Vehicle
|
0010| Code without having paid the registration fee or without having
|
0011| secured and constantly displayed the registration plate required
|
0012| by the Motor Vehicle Code. Violation of this subsection
|
0013| subjects the owner to a penalty of five dollars ($5.00), and no
|
0014| other administrative penalty for failure to register under the
|
0015| Motor Vehicle Code shall be imposed upon manufactured homes that
|
0016| are subject to the provisions of Section 66-6-10 NMSA 1978. Any
|
0017| duly appointed deputy or agent of the department has authority
|
0018| to seize the manufactured home and hold it until the fee,
|
0019| penalties and any fine that may be imposed for violation of law
|
0020| are paid and may sell the manufactured home in the manner
|
0021| provided by law for the distraint and sale of personal
|
0022| property."
|
0023| Section 33. Section 66-3-23 NMSA 1978 (being Laws 1978,
|
0024| Chapter 35, Section 43) is recompiled as Section 66-3A-24 NMSA
|
0025| 1978 and is amended to read:
|
0001| "66-3A-24. NOTICE OF CHANGE OF ADDRESS OR NAME.--
|
0002| A. Whenever any person after making application for
|
0003| or obtaining the registration of a vehicle or a certificate of
|
0004| title [shall move] moves from the address named in the
|
0005| application or shown upon a registration card or certificate of
|
0006| title, [he shall] the person, within ten business days
|
0007| thereafter, [excluding Saturdays, Sundays and legal holidays]
|
0008| shall notify the [division] department in writing of
|
0009| [his] the old and new addresses.
|
0010| B. Whenever the name of any person who has made
|
0011| application for or obtained the registration of a vehicle or a
|
0012| certificate of title is [thereafter] changed by marriage or
|
0013| otherwise, [he shall] the person, within ten business days
|
0014| [excluding Saturdays, Sundays and legal holidays, make
|
application] thereafter, shall apply for a new certificate of
|
0016| title and registration to the [division] department. The
|
0017| [division] department may require [such] evidence as it
|
0018| deems satisfactory regarding the change of name."
|
0019| Section 34. Section 66-3-24 NMSA 1978 (being Laws 1978,
|
0020| Chapter 35, Section 44, as amended) is recompiled as Section
|
0021| 66-3A-25 NMSA 1978 and is amended to read:
|
0022| "66-3A-25. LOST OR DAMAGED CERTIFICATES, REGISTRATION
|
0023| EVIDENCE OR PLATES.--
|
0024| A. In the event any registration evidence or
|
0025| registration plate is lost, mutilated or becomes illegible, the
|
0001| owner or legal representative or successor in interest of the
|
0002| owner of the vehicle for which the registration evidence or
|
0003| registration plate was issued as shown by the records of the
|
0004| [division] department shall immediately [make application]
|
0005| apply for and may obtain a duplicate or a substitute or a new
|
0006| registration under a new registration number as determined to be
|
0007| the most advisable by the [division] department upon the
|
0008| applicant furnishing information satisfactory to the
|
0009| [division] department.
|
0010| B. In the event any certificate of title is lost,
|
0011| mutilated or becomes illegible, the owner or legal
|
0012| representative or successor in interest of the owner of [the
|
boat required to be titled under the provisions of the Boat Act
|
or] the vehicle for which the certificate of title was issued
|
0015| as shown by the records of the [division] department shall
|
0016| immediately make application for and may obtain a duplicate upon
|
0017| the applicant furnishing information satisfactory to the
|
0018| [division] department. In the event a lien or encumbrance
|
0019| is filed of record with the [division] department, the
|
0020| [division] department shall require the application for the
|
0021| duplicate certificate of title to be signed by the holder of the
|
0022| lien or encumbrance. Upon issuance of any duplicate certificate
|
0023| of title, the previous certificate last issued is void.
|
0024| C. In the absence of the regularly required
|
0025| supporting evidence of ownership upon application for
|
0001| certificate of title, registration or transfer of [a boat
|
required to be titled under the provisions of the Boat Act or]
|
0003| a vehicle, the [division] department may accept an
|
0004| undertaking or surety bond, in an amount double the value of the
|
0005| [boat or] vehicle, which shall be conditioned to protect the
|
0006| department and all officers and employees of the department and
|
0007| any subsequent purchaser of the [boat or] vehicle, any person
|
0008| holding or acquiring a lien or security interest on the [boat
|
or] vehicle or the successor in interest of the purchaser or
|
0010| person against any loss or damage on account of any defect in or
|
0011| undisclosed claim upon the right, title and interest of the
|
0012| applicant or other person in and to the [boat or] vehicle.
|
0013| The bond shall run to the true owner or the lienholder. The
|
0014| bond shall expire three years after the date it became
|
0015| effective."
|
0016| Section 35. Section 66-3-25 NMSA 1978 (being Laws 1978,
|
0017| Chapter 35, Section 45) is recompiled as Section 66-3A-26 NMSA
|
0018| 1978 and is amended to read:
|
0019| "66-3A-26. [DIVISION] DEPARTMENT MAY ASSIGN NEW
|
0020| IDENTIFYING NUMBER.--The [division] department is authorized
|
0021| to assign a "distinguishing number" to a vehicle required to be
|
0022| registered [under] pursuant to the provisions of the Motor
|
0023| Vehicle Code whenever the identifying number [thereon] on the
|
0024| vehicle is destroyed or obliterated. The distinguishing number
|
0025| shall be affixed to the vehicle in a position to be determined
|
0001| by the director. [Such] The vehicle shall be registered
|
0002| under [such] the distinguishing number in lieu of the former
|
0003| identifying number."
|
0004| Section 36. Section 66-3-122 NMSA 1978 (being Laws 1978,
|
0005| Chapter 35, Section 69) is recompiled as Section 66-3A-27 NMSA
|
0006| 1978 and is amended to read:
|
0007| "66-3A-27. REGISTRATION EFFECTIVE AFTER DEATH OF OWNER.--Upon the death of an owner of a vehicle subject to registration,
|
0008| its registration [shall continue] continues in force as a
|
0009| valid registration until the end of the registration period for
|
0010| which the [license] registration plate or sticker was issued
|
0011| or until the ownership of the vehicle is transferred before the
|
0012| end of [such] the registration period by the executor or
|
0013| administrator of the estate of the deceased owner or by a
|
0014| legatee or distributee of the estate or until the ownership
|
0015| [thereof] is transferred to a new owner before the end of
|
0016| [such] the registration period by the survivor of two joint
|
0017| owners [thereof]."
|
0018| Section 37. A new section of the Motor Vehicle Code,
|
0019| Section 66-3B-1 NMSA 1978, is enacted to read:
|
0020| "66-3B-1. [NEW MATERIAL] SPECIAL REGISTRATION PLATES--GENERAL PROVISIONS.--
|
0021| A. In lieu of the regular registration plates
|
0022| provided for in Section 66-3A-15 NMSA 1978, the department may
|
0023| issue the special registration plates provided for in Chapter
|
0024| 66, Article 3B NMSA 1978, provided that the person applying for
|
0025| a special registration plate qualifies for the special
|
0001| registration plate applied for and pays the appropriate fee.
|
0002| Upon issuance of the special registration plate, any regular
|
0003| registration plate issued with respect to the vehicle for which
|
0004| the special registration plate is issued shall be surrendered to
|
0005| the department unless otherwise provided by law.
|
0006| B. Any person who is eligible for more than one
|
0007| special registration plate may be issued only one special
|
0008| registration plate of the person's choice for a vehicle.
|
0009| C. Unless specified by law, the design and colors of
|
0010| special registration plates are at the discretion of the
|
0011| department. Except for special registration plates issued for
|
0012| motorcycles, all special registration plates shall be the same
|
0013| size as regular registration plates for passenger vehicles.
|
0014| D. Special registration plates shall not be issued
|
0015| with respect to or displayed upon buses or upon vehicles whose
|
0016| gross vehicle weight exceeds twenty-six thousand pounds.
|
0017| E. When the ownership of a vehicle with respect to
|
0018| which a special registration plate is issued changes or when the
|
0019| person to whom the special registration plate was issued no
|
0020| longer qualifies for the special registration plate issued, the
|
0021| person shall promptly remove the special registration plate from
|
0022| the vehicle and replace it in accordance with law with a regular
|
0023| registration plate or a special registration plate for which the
|
0024| person is eligible. As long as the person is eligible for the
|
0025| special registration plate issued, the person may apply for
|
0001| transfer of the special registration plate from one vehicle to
|
0002| another owned by that person.
|
0003| F. When a special registration plate is renewed by
|
0004| the person to whom it is originally issued, the department may
|
0005| issue a validating sticker in lieu of issuing a new special
|
0006| registration plate."
|
0007| Section 38. A new section of the Motor Vehicle Code,
|
0008| Section 66-3B-2 NMSA 1978, is enacted to read:
|
0009| "66-3B-2. [NEW MATERIAL] SPECIAL REGISTRATION PLATES--GOVERNMENT VEHICLES.--
|
0010| A. The department may create special registration
|
0011| plates for issuance to the United States or any of its agencies
|
0012| or departments to indicate that vehicles and trailers of a type
|
0013| required to be registered under the Motor Vehicle Code are in
|
0014| the service of the United States. There will be no charge,
|
0015| including the regular registration fee, for issuance of any
|
0016| registration plate under this subsection.
|
0017| B. The department shall create special registration
|
0018| plates for issuance to the state of New Mexico and its agencies,
|
0019| counties and municipalities to indicate that vehicles and
|
0020| trailers of a type required to be registered under the Motor
|
0021| Vehicle Code are in the service of the state, a county or a
|
0022| municipality. Each state agency, each county and each
|
0023| municipality shall apply to the department for a registration
|
0024| plate for each vehicle or trailer in its service and shall
|
0025| provide identifying information concerning each vehicle or
|
0001| trailer for which a registration plate is applied. Applications
|
0002| by state agencies must be approved by the motor pool division of
|
0003| the general services department. Upon approval of the
|
0004| application, the department shall issue registration plates for
|
0005| vehicles and trailers in the service of the state or of any
|
0006| county or municipality and keep a record of registration plates
|
0007| issued and returned. The registration plates shall be permanent
|
0008| and need not be renewed from year to year. The registration
|
0009| plates shall be numbered to identify the state agency, the
|
0010| county or the municipality to which the registration plates are
|
0011| issued.
|
0012| C. As used in this section, "state agency" means a
|
0013| state department, agency, board or commission, except the
|
0014| legislative and judicial branches, public schools and post-secondary educational institutions."
|
0015| Section 39. Section 66-3-405 NMSA 1978 (being Laws 1978,
|
0016| Chapter 35, Section 84) is recompiled as Section 66-3B-3 NMSA
|
0017| 1978 and is amended to read:
|
0018| "66-3B-3. SPECIAL REGISTRATION PLATES [FOR]--MEMBERS
|
0019| OF CONGRESS.--[A.] Upon compliance with all laws of this
|
0020| state relating to registration [and licensing] of motor
|
0021| vehicles and upon application, any delegate from New Mexico to
|
0022| the congress of the United States shall be furnished with
|
0023| [license] special registration plates [for such passenger
|
cars as are required to be registered in this state. Upon each
|
plate in lieu of] pursuant to this section. No fee in
|
0001| addition to the regular registration fee shall be charged. The
|
0002| registration number [of the vehicle owner] to be placed on
|
0003| the special registration plates shall be the name of the house
|
0004| of the United States congress in which [he] the delegate
|
0005| serves, followed by the number which indicates [his]:
|
0006| A. for members of the house of representatives, the
|
0007| delegate's district; and
|
0008| B. for members of the senate, the delegate's
|
0009| seniority as compared with the other member [or members of the
|
same house of congress] from New Mexico.
|
0011| [B. At the time of delivery of a special plate, the
|
applicant shall surrender the current license plate issued for
|
such motor vehicle if any have been issued.
|
C. When the ownership of the motor vehicle for which
|
a special plate has been furnished by the director changes from
|
one person to another or the owner ceases to be a member of
|
congress, the special license plate herein authorized shall be
|
promptly removed from the vehicle by the holder of the special
|
plate and returned to the director, at which time the person so
|
removing the special plate is entitled to receive a regular
|
license plate for such motor vehicle.
|
D. The holder of a special plate is entitled to
|
transfer such a special plate from one automobile to another
|
during the year in which the plate is valid upon application to
|
the director for the transfer. In the event such a transfer is
|
made, the owner of the vehicle from which the special plate is
|
removed is not entitled to receive a regular license plate
|
except upon payment of the fees established by law]"
|
0004| Section 40. Section 66-3-406 NMSA 1978 (being Laws 1978,
|
0005| Chapter 35, Section 85, as amended) is recompiled as Section
|
0006| 66-3B-4 NMSA 1978 and is amended to read:
|
0007| "66-3B-4. SPECIAL REGISTRATION PLATES [FOR PRIVATE
|
VEHICLES]--STATE OFFICIALS.--
|
0009| A. Upon compliance with all laws relating to
|
0010| registration [and licensing] of motor vehicles and upon
|
0011| application to the [division] department, special
|
0012| registration plates shall be furnished pursuant to the
|
0013| provisions of this section for vehicles owned by:
|
0014| (1) elected state officials;
|
0015| (2) members of the legislature;
|
0016| (3) the chief clerks of the house of
|
0017| representatives and of the senate; and
|
0018| (4) the sergeants at arms of the house of
|
0019| representatives and of the senate [and
|
(5) disabled persons, pursuant to Section
|
66-3-16 NMSA 1978].
|
0022| B. Special registration plates furnished [under]
|
0023| pursuant to the provisions of this section shall identify the
|
0024| officials and members [and disabled persons] as such.
|
0025| [If] For legislators, the special registration plates shall
|
0001| indicate whether they are members of the house of
|
0002| representatives or of the senate. No fee in addition to the
|
0003| regular registration fee shall be charged.
|
0004| [C. When the ownership of the vehicle for which a
|
special registration plate has been furnished by the division
|
changes or the holder ceases to qualify, the special
|
registration plate shall immediately be removed from the vehicle
|
by the holder of the special registration plate and returned to
|
the director, at which time the person removing the special
|
registration plate shall receive a regular registration plate
|
for the vehicle.
|
D. The holder of a special registration plate may
|
transfer his special registration plate from one vehicle to
|
another during the year in which the plate is valid upon
|
application to the director for the transfer. If a transfer is
|
made, the owner of the vehicle from which the special
|
registration plate is removed may receive a regular registration
|
plate upon payment of the fees established by law.
|
E.] C. The holder of a special registration plate
|
0020| pursuant to Paragraph (2) of Subsection A of this section may
|
0021| simultaneously hold a regular registration for the same vehicle.
|
0022| The [division shall] department, by rule, shall provide
|
0023| for maintenance of simultaneous registration records."
|
0024| Section 41. Section 66-3-16 NMSA 1978 (being Laws 1978,
|
0025| Chapter 35, Section 36, as amended) is recompiled as Section
|
0001| 66-3B-5 NMSA 1978 and is amended to read:
|
0002| "66-3B-5. SPECIAL REGISTRATION PLATES--DISABLED
|
0003| [PERSONS--DISPLAY DEVICE] INDIVIDUALS--PLACARDS.--
|
0004| A. The [division] department shall issue,
|
0005| [distinctive] pursuant to the provisions of this section,
|
0006| special registration plates to any disabled [person]
|
0007| individual who so requests and who proves satisfactorily to
|
0008| the [division] department that he has suffered the loss, or
|
0009| the complete and total loss of use of, one or both legs at or
|
0010| above the ankle or of one or both arms at or above the wrist for
|
0011| use on motor vehicles owned by the [person] individual. No
|
0012| fee in addition to the regular registration fee, if any,
|
0013| applicable to the motor vehicle shall be collected for issuance
|
0014| of special registration plates pursuant to this section.
|
0015| B. No [person] individual shall falsely
|
0016| represent himself to be disabled so as to be eligible to be
|
0017| issued special registration plates or [display devices]
|
0018| placards pursuant to this section when he is in fact not
|
0019| disabled. Upon notice and opportunity to be heard, the
|
0020| [division] department may revoke and demand return of any
|
0021| placard when:
|
0022| (1) it was issued in error or with false
|
0023| information;
|
0024| (2) the person receiving the placard is no
|
0025| longer eligible; or
|
0001| (3) the placard is being used by ineligible
|
0002| persons.
|
0003| C. Upon written application to the [division]
|
0004| department accompanied by a medical statement by a licensed
|
0005| physician attesting to the disability, a resident [of the
|
state] who has a disability that limits or impairs the ability
|
0007| to walk, as provided in Subsection G of this section, may apply
|
0008| for and be granted the issuance of a placard for display upon a
|
0009| motor vehicle registered to him or motor vehicle owned by
|
0010| another person who is transporting him. The [director]
|
0011| department may charge a reasonable fee to cover the cost of
|
0012| the placard and of its issuance. The fee shall be retained by
|
0013| the [division] department and [shall be] is appropriated
|
0014| to the [division] department for expenditures incurred in
|
0015| the implementation of the placard replacement program.
|
0016| D. A placard issued pursuant to this section shall
|
0017| expire in no more than two years.
|
0018| E. The [division] department shall issue
|
0019| two-sided hanger-style placards with the following
|
0020| characteristics:
|
0021| (1) the international symbol of access shall be
|
0022| displayed on both sides of the placard and shall be at least
|
0023| three inches in height, centered on the placard and white on a
|
0024| blue shield;
|
0025| (2) an identification number enabling the
|
0001| [division] department to identify the holder of each
|
0002| placard. The [division] department shall maintain this
|
0003| information in a readily retrievable format and make it
|
0004| available on demand to any law enforcement agency;
|
0005| (3) the date of expiration; and
|
0006| (4) the [division] department seal or other
|
0007| identification of the issuing authority.
|
0008| F. Upon written application to the [division]
|
0009| department accompanied by a medical statement from a licensed
|
0010| physician attesting to a temporary disability, [a person] an
|
0011| individual who has a temporary disability that limits or
|
0012| impairs the ability to walk may be issued a temporary placard,
|
0013| which shall be distinguishable in appearance from placards valid
|
0014| for two years. The medical statement shall include the period
|
0015| of time that the physician determines the applicant will have
|
0016| the disability. A temporary placard issued pursuant to this
|
0017| section shall be valid no more than six months.
|
0018| G. For the purpose of obtaining a placard, [a
|
person] an individual with a "disability that limits or
|
0020| impairs the ability to walk" means the [person] individual:
|
0021| (1) cannot walk one hundred feet without
|
0022| stopping to rest;
|
0023| (2) cannot walk without the use of a brace, a
|
0024| cane, a crutch, another person, a prosthetic device, a
|
0025| wheelchair or another assistive device;
|
0001| (3) is restricted by lung disease to such an
|
0002| extent that the person's forced respiratory volume, when
|
0003| exhaling for one second, when measured by spirometry, is less
|
0004| than one liter or the arterial oxygen tension is less than sixty
|
0005| millimeters on room air at rest;
|
0006| (4) uses portable oxygen;
|
0007| (5) has a severe cardiac condition; or
|
0008| (6) is so severely limited in his ability to
|
0009| walk due to an arthritic, neurologic or orthopedic condition
|
0010| that the person cannot ascend or descend more than ten stair
|
0011| steps.
|
0012| H. Special registration plates or placards issued to
|
0013| the disabled [person] individual by another state or foreign
|
0014| jurisdiction shall be granted reciprocity while the vehicle and
|
0015| disabled operator are in this state for a period not to exceed
|
0016| thirty days.
|
0017| I. All placards shall be issued in accordance with
|
0018| this section beginning on July 1, 1995. All placards issued
|
0019| prior to July 1, 1995 shall expire on July 1, 1996.
|
0020| J. Any person who provides false information in
|
0021| order to acquire, or who assists an unqualified individual in
|
0022| acquiring, a special registration plate or special placard as
|
0023| provided in this section is guilty of a misdemeanor and shall be
|
0024| sentenced pursuant to the provisions of Section 31-19-1 NMSA
|
0025| 1978."
|
0001| Section 42. A new section of the Motor Vehicle Code,
|
0002| Section 66-3B-6 NMSA 1978, is enacted to read:
|
0003| "66-3B-6. [NEW MATERIAL] SPECIAL REGISTRATION PLATES--PRIVATE NONPROFIT ORGANIZATIONS.--
|
0004| A. Any private nonprofit organization with a
|
0005| statewide membership of one thousand or more individuals may
|
0006| request the department to design a special registration plate
|
0007| pursuant to the provisions of this section for issuance to the
|
0008| organization's member individuals. On the request of an
|
0009| authorized representative of the organization's New Mexico
|
0010| governing body, the department shall develop the design of the
|
0011| special registration plate in consultation with the governing
|
0012| body.
|
0013| B. Special registration plates authorized by this
|
0014| section shall not be manufactured until the requesting
|
0015| organization has deposited with the department an amount equal
|
0016| to four thousand five hundred dollars ($4,500) together with
|
0017| applications for three hundred of the special registration
|
0018| plates designed for the organization. The department shall
|
0019| credit fifteen dollars ($15.00) of the deposit against the
|
0020| issuance of the first three hundred of the organization's
|
0021| special registration plates.
|
0022| C. Upon compliance with all laws relating to
|
0023| registration of motor vehicles and upon application to the
|
0024| department, each individual member of an organization may apply
|
0025| for the special registration plate designed for the organization
|
0001| pursuant to the provisions of this section. The department may
|
0002| require proof that the applicant is a member of the organization
|
0003| before issuing the special registration plate.
|
0004| D. A fee of fifteen dollars ($15.00), which is in
|
0005| addition to the regular registration fee, applies to the
|
0006| issuance of any special registration plate pursuant to the
|
0007| provisions of this section. All fees collected pursuant to the
|
0008| provisions of this section shall be distributed as follows:
|
0009| (1) ten dollars ($10.00) of the fee collected
|
0010| with respect to the original issuance of the special
|
0011| registration plate shall be retained by the department and is
|
0012| appropriated to the department to defray the costs of making and
|
0013| issuing special registration plates; and
|
0014| (2) the amount of the fee collected pursuant to
|
0015| this section less any amount distributed pursuant to Paragraph
|
0016| (1) of this section shall be deposited in the motor vehicle
|
0017| suspense fund for distribution in accordance with Section
|
0018| 66-6-23 NMSA 1978."
|
0019| Section 43. Section 66-3-15 NMSA 1978 (being Laws 1978,
|
0020| Chapter 35, Section 35, as amended) is recompiled as Section
|
0021| 66-3B-7 NMSA 1978 and is amended to read:
|
0022| "66-3B-7. SPECIAL REGISTRATION PLATES--[PROCEDURES]
|
0023| PRESTIGE PLATES--FEE.--
|
0024| A. The [division] department shall establish and
|
0025| issue special registration plates [including motorcycle
|
prestige registration plates, and shall establish and promulgate
|
procedures for applications for and issuance of special
|
registration plates.] pursuant to the provisions of this
|
0004| section that allow the applicant, within the limits established
|
0005| by the department, to select the symbols, letters and numbers to
|
0006| be displayed on the plate.
|
0007| B. [For] Upon compliance with all laws relating
|
0008| to registration of motor vehicles and upon application to the
|
0009| department and payment of a fee of fifteen dollars ($15.00),
|
0010| which fee shall be in addition to the regular motor vehicle
|
0011| registration fees, any owner of a motor vehicle may apply for
|
0012| the issuance of a special registration plate [as defined in
|
Subsection A of] pursuant to the provisions of this section.
|
0014| No two owners will be issued identically lettered or numbered
|
0015| plates.
|
0016| C. An owner [must] shall make a new application
|
0017| and pay a new fee each year he desires to obtain a special
|
0018| registration plate [however, he will have first priority on
|
that plate for each subsequent year that he makes timely and
|
appropriate application] pursuant to the provisions of this
|
0021| section.
|
0022| D. All fees collected shall be [paid to the state
|
treasurer to the credit of the motor vehicle suspense fund with
|
distribution in accordance with Section 66-6-23 NMSA 1978]
|
0025| distributed as follows:
|
0001| (1) ten dollars ($10.00) of the fee collected
|
0002| for the original issuance of the special registration plate
|
0003| shall be retained by the department and is appropriated to the
|
0004| department to defray the cost of making and issuing special
|
0005| registration plates; and
|
0006| (2) the amount of the fee collected pursuant
|
0007| to this section less any amount distributed pursuant to
|
0008| Paragraph (1) of this subsection shall be deposited in the motor
|
0009| vehicle suspense fund for distribution in accordance with
|
0010| Section
|
0011| 66-6-23 NMSA 1978."
|
0012| Section 44. A new section of the Motor Vehicle Code,
|
0013| Section 66-3B-8 NMSA 1978, is enacted to read:
|
0014| "Section 66-3B-8. [NEW MATERIAL] SPECIAL REGISTRATION
|
0015| PLATE--HISTORIC VEHICLES.--Upon compliance with all laws
|
0016| regarding registration of historic vehicles, the department
|
0017| shall issue special registration plates for historic vehicles.
|
0018| The special registration plate shall display the registration
|
0019| number and the words "Historic Vehicle", "Land of Enchantment"
|
0020| and "New Mexico", but no date. The fee shall be as specified in
|
0021| Section 66-6-1.1 NMSA 1978. All fees collected shall be
|
0022| distributed as follows:
|
0023| A. ten dollars ($10.00) of the fee collected for the
|
0024| original issuance of the special registration plate shall be
|
0025| retained by the department and is appropriated to the department
|
0001| to defray the costs of making and issuing special registration
|
0002| plates; and
|
0003| B. the amount of the fee collected pursuant to this
|
0004| section less any amount distributed pursuant to Subsection A of
|
0005| this section shall be deposited in the motor vehicle suspense
|
0006| fund for distribution in accordance with Section 66-6-23 NMSA
|
0007| 1978."
|
0008| Section 45. Section 66-3-420 NMSA 1978 (being Laws 1993,
|
0009| Chapter 80, Section 1) is recompiled as Section 66-3B-9 NMSA
|
0010| 1978 and is amended to read:
|
0011| "66-3B-9. SPECIAL CHILDREN'S ARTWORK REGISTRATION
|
0012| PLATE--PROCEDURES--FEE.--
|
0013| A. The [division] department shall establish and
|
0014| issue special registration plates featuring artwork of the
|
0015| children of New Mexico in accordance with the provisions of this
|
0016| section [and shall adopt procedures for application for and
|
issuance of the special children's artwork registration
|
plates].
|
0019| B. The department shall consult with the
|
0020| children's trust fund board of trustees [shall determine]
|
0021| about the color and design of the special children's artwork
|
0022| registration plate [and shall request that the division provide
|
for its issuance].
|
0024| C. [For a fee of forty dollars ($40.00), which
|
shall be in addition to the regular motor vehicle registration
|
fees] Upon compliance with all laws relating to registration
|
0002| of motor vehicles, any owner of a motor vehicle may apply for
|
0003| the issuance of a special children's artwork registration plate.
|
0004| The fee for a special registration plate issued under this
|
0005| section is forty dollars ($40.00), which shall be in addition to
|
0006| the regular registration fee. The owner of a motor vehicle
|
0007| shall apply and pay a fee each year that he wishes to retain and
|
0008| renew his special children's artwork registration plate.
|
0009| D. The revenue from the special children's artwork
|
0010| registration plates shall be distributed as follows:
|
0011| (1) [fifteen dollars ($15.00)] ten dollars
|
0012| ($10.00) of the fee collected for the original issuance of
|
0013| each registration plate shall be [retained by the division in
|
the eighty-second and eighty-third fiscal years and is
|
appropriated to the division for the manufacture and issuance of
|
the registration plates. Thereafter, that amount of each fee
|
shall be paid to the state treasurer for credit to the motor
|
vehicle suspense fund for distribution in accordance with
|
Section 66-6-23 NMSA 1978] retained by the department and is
|
0020| appropriated to the department to defray the cost of making and
|
0021| issuing special registration plates; and
|
0022| (2) [twenty-five dollars ($25.00) of the fee
|
collected for each registration plate] the amount of the fee
|
0024| collected less any amount distributed in accordance with
|
0025| Paragraph (1) of this subsection shall be distributed to the
|
0001| children's trust fund for use in accordance with the provisions
|
0002| of Section 24-19-2 NMSA 1978."
|
0003| Section 46. Section 66-3-416 NMSA 1978 (being Laws 1989,
|
0004| Chapter 360, Section 1) is recompiled as Section 66-3B-10 NMSA
|
0005| 1978 and is amended to read:
|
0006| "66-3B-10. SPECIAL [COLLEGIATE] REGISTRATION PLATE--COLLEGIATE PLATES--PROCEDURES--FEE.--
|
0007| A. The [division] department shall establish and
|
0008| issue special collegiate registration plates in accordance with
|
0009| the provisions of this section [and shall adopt and promulgate
|
procedures for application for and issuance of such special
|
collegiate registration plates].
|
0012| B. Any state-supported higher educational
|
0013| institution in New Mexico may request that the [division]
|
0014| department issue a special collegiate registration plate for
|
0015| that institution. Upon that request, the [division]
|
0016| department, with the advice and consultation of the higher
|
0017| educational institution, shall determine the color and design of
|
0018| the registration plate and provide for its issuance.
|
0019| C. [For a fee of thirty-five dollars ($35.00),
|
which fee shall be in addition to the regular motor vehicle
|
registration fees] Upon compliance with all laws relating to
|
0022| registration of motor vehicles, any owner of a motor vehicle
|
0023| may apply for the issuance of a special collegiate registration
|
0024| plate. The owner of a motor vehicle shall apply and pay a fee
|
0025| of thirty-five dollars ($35.00), which shall be in addition to
|
0001| the regular registration fees, for each year that he wishes to
|
0002| retain and renew his special collegiate registration plate.
|
0003| D. The revenue from the special collegiate
|
0004| registration plates shall be distributed as follows:
|
0005| (1) ten dollars ($10.00) of the fee collected
|
0006| for the original issuance of each registration plate shall be
|
0007| [retained by the division in the seventy-eighth and seventy-ninth fiscal years and is appropriated to the division for the
|
manufacture and issuance of the registration plates.
|
Thereafter, that amount of each fee shall be paid to the state
|
treasurer for credit to the motor vehicle suspense fund for
|
distribution in accordance with Section 66-6-23 NMSA 1978]
|
0012| retained by the department and is appropriated to the
|
0013| department to defray the costs of making and issuing special
|
0014| registration plates; and
|
0015| (2) [twenty-five dollars ($25.00) of the fee
|
collected for each registration plate] the amount of the fee
|
0017| collected less any amount distributed in accordance with
|
0018| Paragraph (1) of this subsection shall be distributed to the
|
0019| higher educational institution for which the registration plate
|
0020| is issued.
|
0021| E. Revenues received by each higher educational
|
0022| institution from special collegiate registration plate fees are
|
0023| appropriated to the higher educational institutions to carry out
|
0024| any purpose of that institution."
|
0025| Section 47. Section 66-3-417 NMSA 1978 (being Laws 1986,
|
0001| Chapter 45, Section 2, as amended) is recompiled as Section
|
0002| 66-3B-11 NMSA 1978 and is amended to read:
|
0003| "66-3B-11. RADIO STATION LICENSEES--SPECIAL REGISTRATION
|
0004| PLATES--FEE.--
|
0005| A. Upon compliance with all laws relating to
|
0006| registration of motor vehicles and upon application, the
|
0007| department shall issue to any applicant [who is a resident of
|
this state] who holds an official commercial or amateur radio
|
0009| station license in good standing issued by the federal
|
0010| communications commission or who is a bona fide employee of
|
0011| [such] a license holder [shall, upon compliance with all
|
laws of this state relating to registration and the licensing of
|
motor vehicles and drivers, be furnished with] a special
|
0014| registration plate for the motor vehicle [as prescribed by
|
law], upon which special registration plate:
|
0016| (1) in lieu of the numbers required for
|
0017| identification, shall be inscribed the official call letters of
|
0018| the applicant as assigned by the federal communications
|
0019| commission;
|
0020| (2) the official call letters shall be
|
0021| inscribed as internationally recognized call letters, including
|
0022| the number zero with a diagonal line drawn across the number
|
0023| from the upper right of the number down to the lower left of the
|
0024| number; and
|
0025| (3) the words "amateur radio operator" shall be
|
0001| inscribed [on the registration plate] upon request of [the]
|
0002| an applicant who holds an amateur radio station license.
|
0003| B. The licensee of the commercial or amateur radio
|
0004| station shall certify to the [director] department the names
|
0005| of bona fide personnel eligible to receive [such] the
|
0006| special registration plates. The applicant shall pay, in
|
0007| addition to the registration tax required by law, [the sum of
|
three dollars ($3.00)] ten dollars ($10.00) for the original
|
0009| issuance of each special registration plate, which additional
|
0010| sum shall be [deposited by the director with the state
|
treasurer to be credited to the state road fund. At the time of
|
delivery of the special registration plate, the applicant shall
|
surrender the current registration plate issued for the motor
|
vehicle. This provision for the issuance of a special
|
registration plate shall apply only if the applicant's motor
|
vehicle is already registered in New Mexico so that the
|
applicant has a valid regular New Mexico registration plate
|
issued for that motor vehicle under which to operate during the
|
time it will take to have the necessary special registration
|
plate made. The director may make such reasonable regulations
|
governing the use of the special registration plate as will
|
assure the full compliance by the owner and holder of the
|
special plate with all existing laws governing the registration,
|
transfer and use of motor vehicles. When the ownership of the
|
motor vehicle for which the special registration plate has been
|
furnished by the director changes from one person to another,
|
the special registration plate authorized in this section shall
|
be promptly removed from the motor vehicle by the seller and
|
returned to the director, at which time the seller or the buyer
|
of the motor vehicle is entitled to receive a registration plate
|
for the motor vehicle. The purpose for the issuance of the
|
special registration plate is to readily identify personnel in
|
aid of the performance of necessary duties for civil defense in
|
the communications field] retained by the department and is
|
0010| appropriated to the department to defray the cost of making and
|
0011| issuing special registration plates."
|
0012| Section 48. Section 66-3-421 NMSA 1978 (being Laws 1993,
|
0013| Chapter 180, Section 8) is recompiled as Section 66-3B-12 NMSA
|
0014| 1978 and is amended to read:
|
0015| "66-3B-12. SPECIAL REGISTRATION PLATES--NEW MEXICO RANGERS
|
0016| AND NEW MEXICO MOUNTED PATROL--SUBMISSION OF PROOF--PENALTY.--
|
0017| A. The [division] department shall issue special
|
0018| registration plates to any [person] individual who is in
|
0019| compliance with all laws relating to registration of motor
|
0020| vehicles and who is a New Mexico ranger or a member of the New
|
0021| Mexico mounted patrol upon the submission by the [person]
|
0022| individual of proof satisfactory to the [division that he]
|
0023| department that the individual is currently a New Mexico
|
0024| ranger or a member of the New Mexico mounted patrol. No fee,
|
0025| including the regular registration fee applicable to the
|
0001| passenger motor vehicle, if any, shall be collected for the
|
0002| issuance of the special registration plates pursuant to this
|
0003| section.
|
0004| B. No [person] individual shall falsely
|
0005| represent himself to be a New Mexico ranger or a member of the
|
0006| New Mexico mounted patrol so as to be eligible to be issued
|
0007| special registration plates pursuant to this section when he in
|
0008| fact is not a New Mexico ranger or a member of the New Mexico
|
0009| mounted patrol.
|
0010| C. Any [person] individual who is eligible for
|
0011| [a] issuance of special registration [plate under] plates
|
0012| pursuant to the provisions of this section shall [only] be
|
0013| eligible [for one such plate] to apply for a special
|
0014| registration plate pursuant to the provisions of this section
|
0015| for one vehicle only.
|
0016| D. Any person who violates the provisions of
|
0017| Subsection B of this section is guilty of a misdemeanor."
|
0018| Section 49. Section 66-3-413 NMSA 1978 (being Laws 1980,
|
0019| Chapter 45, Section 1, as amended) is recompiled as Section
|
0020| 66-3B-13 NMSA 1978 and is amended to read:
|
0021| "66-3B-13. SPECIAL REGISTRATION PLATES--NATIONAL GUARD.--
|
0022| A. The [division] department shall issue
|
0023| distinctive special registration plates to any [person]
|
0024| individual who is in compliance with all laws relating to
|
0025| registration of motor vehicles and who is a member of the New
|
0001| Mexico national guard, upon the submission by the [person]
|
0002| individual of proof satisfactory to the [division]
|
0003| department that he is currently a member of the guard. No fee
|
0004| in addition to the regular registration fee shall be collected
|
0005| for issuance of a
|
0006| special registration plate pursuant to this section.
|
0007| B. Any individual who is eligible for special
|
0008| registration plates authorized by this section is eligible for a
|
0009| special registration plate pursuant to the provisions of this
|
0010| section for one vehicle only.
|
0011| [B.] C. No [person] individual shall falsely
|
0012| represent himself to be an active member of the New Mexico
|
0013| national guard so as to be eligible to be issued special
|
0014| registration plates pursuant to this section when he in fact is
|
0015| not a current member of the New Mexico national guard.
|
0016| [C.] D. Any person who violates the provisions of
|
0017| Subsection B or C of this section is guilty of a misdemeanor."
|
0018| Section 50. Section 66-3-419 NMSA 1978 (being Laws 1990,
|
0019| Chapter 46, Section 2, as amended) is recompiled as Section
|
0020| 66-3B-14 NMSA 1978 and is amended to read:
|
0021| "66-3B-14. SPECIAL REGISTRATION PLATES [FOR]--ARMED
|
0022| FORCES VETERANS.--
|
0023| A. The [division] department shall issue
|
0024| distinctive special registration plates indicating that the
|
0025| recipient is a veteran of the armed forces of the United States,
|
0001| as defined in Section 28-13-7 NMSA 1978, if that [person]
|
0002| veteran is in compliance with all laws relating to registration
|
0003| of motor vehicles and submits proof satisfactory to the
|
0004| [division] department of honorable discharge from the armed
|
0005| forces.
|
0006| B. For a fee of fifteen dollars ($15.00), which shall
|
0007| be in addition to the regular motor vehicle registration fees,
|
0008| any motor vehicle owner who is a veteran of the armed forces of
|
0009| the United States may apply for the issuance of a special
|
0010| registration plate as defined in Subsection A of this section.
|
0011| No two owners shall be issued identically lettered or numbered
|
0012| plates.
|
0013| C. The fifteen dollar ($15.00) fee provided in
|
0014| Subsection B of this section shall be waived for each
|
0015| registration period in which a validating sticker is issued
|
0016| [under] pursuant to the provisions of Section [66-3-17]
|
0017| 66-3A-16 NMSA 1978, in lieu of the issuance of a special armed
|
0018| forces veteran registration plate.
|
0019| D. Each armed forces veteran may elect to receive a
|
0020| veteran-designation decal to be placed across the top of the
|
0021| plate, centered above the registration number [in lieu of the
|
county-designation decal specified in Subsection H of Section
|
66-3-14 NMSA 1978]. Replacement or different
|
0024| veteran-designation decals shall be available for purchase from
|
0025| the [division] department at a reasonable charge to be set by
|
0001| the [director] department. The department shall furnish the
|
0002| following veteran-designation decals with the armed forces
|
0003| veteran plate to a:
|
0004| (1) medal of honor recipient;
|
0005| (2) silver star recipient;
|
0006| (3) bronze star recipient;
|
0007| (4) navy cross recipient;
|
0008| (5) distinguished service cross recipient;
|
0009| (6) air force cross recipient;
|
0010| (7) ex-prisoner of war;
|
0011| (8) disabled veteran;
|
0012| (9) purple heart veteran;
|
0013| (10) atomic veteran;
|
0014| (11) Pearl Harbor survivor;
|
0015| (12) Navajo code talker;
|
0016| (13) Vietnam veteran;
|
0017| (14) Korean veteran;
|
0018| (15) disabled Korean veteran;
|
0019| (16) World War II veteran;
|
0020| (17) World War I veteran;
|
0021| (18) Grenada veteran;
|
0022| (19) Panama veteran; [and] or
|
0023| (20) Desert Storm veteran.
|
0024| E. The revenue from the [special registration plates
|
for the armed forces veterans] fee imposed by Subsection B of
|
0001| this section shall be distributed as follows:
|
0002| (1) [seven dollars ($7.00)] ten dollars
|
0003| ($10.00) of the fee collected for the original issuance of
|
0004| each registration plate shall be retained by the [division]
|
0005| department and is appropriated to the [division] department
|
0006| for the manufacture and issuance of [the] special
|
0007| registration plates; and
|
0008| (2) [eight dollars ($8.00) of the fee collected
|
for each registration plate] the revenue collected less any
|
0010| amount distributed in accordance with Paragraph (1) of this
|
0011| subsection shall be transferred [under the provisions of
|
Subsection F of this section] to the armed forces veterans
|
0013| license fund.
|
0014| F. [There is created in the state treasury the "armed
|
forces veterans license fund". A portion of the fee collected
|
for each special registration plate for armed forces veterans, as
|
provided in Subsection E of this section, shall be transferred to
|
the state treasurer for the credit of the fund. Expenditures
|
from the fund shall be made on vouchers issued and signed by the
|
director of veterans' affairs upon warrants drawn by the
|
department of finance and administration for the purpose of
|
expanding services to rural areas of the state, including Native
|
American communities and senior citizen centers. Any unexpended
|
or unencumbered balance remaining at the end of any fiscal year
|
in the armed forces veterans license fund shall not revert to the
|
general fund] The purpose of providing special registration
|
0002| plates for veterans of the armed forces is to allow veterans to
|
0003| be publicly recognized and to enable veterans to support the
|
0004| activities of the New Mexico veterans' service commission by
|
0005| annually purchasing the license plates in addition to paying the
|
0006| regular motor vehicle registration fees."
|
0007| Section 51. Section 66-3-409 NMSA 1978 (being Laws 1978,
|
0008| Chapter 199, Section 1, as amended) is recompiled as Section
|
0009| 66-3B-15 NMSA 1978 and is amended to read:
|
0010| "66-3B-15. SPECIAL REGISTRATION PLATES--MEDAL OF HONOR
|
0011| RECIPIENTS.--
|
0012| A. Except as provided otherwise in Subsection C of
|
0013| this section, the [division] department shall issue
|
0014| distinctive pale blue, white and gold special registration
|
0015| plates to any [person] individual who has been awarded the
|
0016| medal of honor and who so requests and submits proof satisfactory
|
0017| to the [division] department that he has been awarded that
|
0018| medal. The plates shall each bear the inscription "Medal of
|
0019| Honor Recipient". No fee, including the regular registration fee
|
0020| applicable to the passenger motor vehicle, if any, shall be
|
0021| collected for the issuance of a special registration plate
|
0022| pursuant to this section.
|
0023| B. Any individual who is eligible for a special
|
0024| registration plate authorized by this section is eligible for a
|
0025| special registration plate pursuant to the provisions of this
|
0001| section for one vehicle only.
|
0002| [B.] C. No [person] individual shall falsely
|
0003| represent himself to be a medal of honor recipient in order to be
|
0004| eligible to be issued special registration plates pursuant to
|
0005| this section when he is in fact not [such] a medal of honor
|
0006| recipient. Any person who violates the provisions of this
|
0007| subsection is guilty of a petty misdemeanor."
|
0008| Section 52. Section 66-3-411 NMSA 1978 (being Laws 1978,
|
0009| Chapter 99, Section 2, as amended) is recompiled as Section
|
0010| 66-3B-16 NMSA 1978 and is amended to read:
|
0011| "66-3B-16. SPECIAL REGISTRATION PLATES--PRISONERS OF WAR
|
0012| AND SURVIVING SPOUSES--SUBMISSION OF PROOF--PENALTY.--
|
0013| A. Except as provided otherwise by Subsection D of
|
0014| this section, the [division] department shall issue
|
0015| distinctive special registration plates to any [person]
|
0016| individual, or to the surviving spouse of any deceased
|
0017| [person] individual, who was held as a prisoner of war by an
|
0018| enemy of the United States during any armed conflict, upon the
|
0019| submission by the [person] individual or surviving spouse of
|
0020| proof satisfactory to the [division] department that he was
|
0021| held as a prisoner of war by an enemy of the United States during
|
0022| a period of armed conflict or that he is the surviving spouse of
|
0023| such [a person] an individual. No fee, including the regular
|
0024| registration fee applicable to the passenger motor vehicle, if
|
0025| any, shall be collected for issuance of a special registration
|
0001| plate pursuant to this section.
|
0002| B. No [person] individual shall falsely represent
|
0003| himself to have been held as a prisoner of war or to be the
|
0004| surviving spouse of a prisoner of war so as to be eligible to be
|
0005| issued special registration plates pursuant to this section when
|
0006| he in fact was not held as a prisoner of war or when he in fact
|
0007| is not the surviving spouse of a prisoner of war.
|
0008| C. An individual who is eligible for a special
|
0009| registration plate authorized by this section is eligible for a
|
0010| special registration plate pursuant to the provisions of this
|
0011| section for one vehicle only.
|
0012| [C.] D. Any person who violates the provisions of
|
0013| Subsection B of this section is guilty of a misdemeanor."
|
0014| Section 53. Section 66-3-412 NMSA 1978 (being Laws 1979,
|
0015| Chapter 299, Section 2, as amended) is recompiled as Section
|
0016| 66-3B-17 NMSA 1978 and is amended to read:
|
0017| "66-3B-17. SPECIAL REGISTRATION PLATES--ONE HUNDRED PERCENT
|
0018| DISABLED VETERANS--SUBMISSION OF PROOF--PENALTY.--
|
0019| A. Except as provided otherwise by Subsection D of
|
0020| this section, the [division] department shall issue
|
0021| distinctive special registration plates to any [person]
|
0022| individual who is a veteran of the armed forces of the United
|
0023| States, as defined in Section 28-13-7 NMSA 1978, and was one
|
0024| hundred percent disabled while serving in the armed forces of the
|
0025| United States, upon the submission by the [person] individual
|
0001| of proof satisfactory to the [division] department that he
|
0002| was one hundred percent disabled while serving in the armed
|
0003| forces of the United States. No fee, including the regular
|
0004| registration fee applicable to the passenger motor vehicle, if
|
0005| any, shall be collected for issuance of a special registration
|
0006| plate pursuant to this section. [Any person eligible for a
|
special registration plate pursuant to this section and also
|
eligible for one or more special registration plates pursuant to
|
Sections 66-3-406, 66-3-409 and 66-3-411 NMSA 1978 shall be
|
issued only one special registration plate of his choice.]
|
0011| B. No [person] individual shall falsely represent
|
0012| himself to have been one hundred percent disabled while serving
|
0013| in the armed forces of the United States so as to be eligible to
|
0014| be issued special registration plates pursuant to this section
|
0015| when he in fact was not one hundred percent disabled while
|
0016| serving in the armed forces of the United States.
|
0017| C. Any [person] individual eligible for a special
|
0018| registration plate under this section shall only be eligible for
|
0019| one [such] plate.
|
0020| D. Any person who violates the provisions of Subsection
|
0021| B of this section is guilty of a misdemeanor."
|
0022| Section 54. Section 66-3-414 NMSA 1978 (being Laws 1987,
|
0023| Chapter 23, Section 1, as amended) is recompiled as Section
|
0024| 66-3B-18 NMSA 1978 and is amended to read:
|
0025| "66-3B-18. SPECIAL REGISTRATION PLATES FOR PURPLE HEART
|
0001| VETERANS.--
|
0002| A. Except as provided otherwise by Subsection D of
|
0003| this section, the [division] department shall issue special
|
0004| registration plates to any [person] individual who is a
|
0005| veteran and a bona fide purple heart medal recipient and who
|
0006| submits proof satisfactory to the [division] department that
|
0007| he has been awarded that medal. No fee, including the regular
|
0008| registration fee applicable to the passenger motor vehicle, if
|
0009| any, shall be collected for the issuance of the special registra-
|
0010| tion plates pursuant to this section. [Any person eligible for
|
a special registration plate pursuant to this section and also
|
eligible for one or more special registration plates pursuant to
|
Sections 66-3-406, 66-3-409, 66-3-411 and 66-3-412 NMSA 1978
|
shall be issued only one special registration plate of his
|
choice.]
|
0016| B. No [person] individual shall falsely represent
|
0017| himself to be a purple heart veteran so as to be eligible to be
|
0018| issued special plates pursuant to this section when he in fact is
|
0019| not a purple heart veteran.
|
0020| C. Any individual who is eligible for a special
|
0021| registration plate authorized by this section is eligible for a
|
0022| special registration plate pursuant to the provisions of this
|
0023| section for one vehicle only.
|
0024| [C.] D. Any person who violates the provisions of
|
0025| Subsection B of this section is guilty of a misdemeanor."
|
0001| Section 55. Section 66-3-415 NMSA 1978 (being Laws 1989,
|
0002| Chapter 162, Section 1, as amended) is recompiled as Section
|
0003| 66-3B-19 NMSA 1978 and is amended to read:
|
0004| "66-3B-19. SPECIAL REGISTRATION PLATES FOR PEARL HARBOR
|
0005| SURVIVORS.--
|
0006| A. Except as provided otherwise in Subsection G of
|
0007| this section, the [division] department shall issue
|
0008| [distinctive] special registration plates indicating that the
|
0009| recipient is a survivor of the attack on Pearl Harbor if that
|
0010| [person] individual submits satisfactory proof to the [divi-
|
sion] department indicating that the [person] individual:
|
0012| (1) was a member of the United States armed forces
|
0013| on December 7, 1941;
|
0014| (2) received an honorable discharge from the
|
0015| United States armed forces; and
|
0016| (3) was on station on December 7, 1941 during the
|
0017| hours of 7:55 a.m. to 9:45 a.m. Hawaii time at Pearl Harbor, the
|
0018| island of Oahu, or offshore at a distance not exceeding three
|
0019| miles.
|
0020| B. The [division] department shall confirm
|
0021| satisfactory proof with the New Mexico chapter of the Pearl
|
0022| Harbor survivors association.
|
0023| C. No fee other than the registration fee applicable to
|
0024| the passenger motor vehicle, if any, shall be collected for the
|
0025| issuance of the [distinctive] special registration plate
|
0001| pursuant to this section.
|
0002| D. The recipient of a [distinctive] special
|
0003| registration plate issued pursuant to this section shall be
|
0004| issued a replacement [plates] plate upon request and
|
0005| without charge if the registration plate is lost, stolen or
|
0006| mutilated.
|
0007| E. Any [person] individual eligible for a
|
0008| [distinctive] special; registration plate pursuant to this
|
0009| section [and also eligible for one or more special or
|
distinctive registration plates pursuant to Sections 66-3-406,
|
66-3-409, 66-3-411, 66-3-412 and 66-3-414 NMSA 1978 shall be
|
issued only one special or distinctive registration plate of the
|
person's choice] is eligible for a special registration plate
|
0014| pursuant to the provisions of this section for one vehicle only.
|
0015| F. No [person] individual shall falsely represent
|
0016| himself to be a survivor of the attack on Pearl Harbor so as to
|
0017| be eligible to be issued [distinctive] special registration
|
0018| plates pursuant to this section when that [person]
|
0019| individual in fact is not a survivor of the attack on Pearl
|
0020| Harbor.
|
0021| G. Any person who violates the provisions of Subsection
|
0022| F of this section is guilty of a misdemeanor and shall be
|
0023| punished by a fine of not less than one hundred dollars ($100) or
|
0024| more than one thousand dollars ($1,000) or by imprisonment for a
|
0025| definite term less than one year or both."
|
0001| Section 56. A new section of the Motor Vehicle Code,
|
0002| Section 66-3C-1 NMSA 1978, is enacted to read:
|
0003| "66-3C-1. [NEW MATERIAL] VEHICLES REQUIRED TO BE
|
0004| TITLED.--Every vehicle of a type required to be registered in
|
0005| this state is also required to be titled in this state, except
|
0006| for commercial motor vehicles based and titled in another state
|
0007| the owners of which report and pay registration fees to this
|
0008| state under the provisions of the international registration
|
0009| plan."
|
0010| Section 57. A new Section of the Motor Vehicle Code,
|
0011| Section 66-3C-2 NMSA 1978, is enacted to read:
|
0012| "66-3C-2. [NEW MATERIAL] APPLICATION FOR CERTIFICATE OF
|
0013| TITLE.--
|
0014| A. The owner of a vehicle required to be titled in this
|
0015| state shall apply to the department for issuance of a certificate
|
0016| of title upon sale, assignment or other transfer of the vehicle
|
0017| to the owner or upon importation by the owner of the vehicle into
|
0018| New Mexico from another nation. Application shall be made in the
|
0019| manner and on the forms prescribed by the department.
|
0020| B. The information and documentation required under
|
0021| Section 66-3A-4 NMSA 1978 for registration of the vehicle applies
|
0022| to the application for a certificate of title for the vehicle.
|
0023| In addition, the owner of a specially constructed, reconstructed
|
0024| or foreign vehicle must provide satisfactory evidence of
|
0025| ownership."
|
0001| Section 58. A new section of the Motor Vehicle Code,
|
0002| Section 66-3C-3 NMSA 1978, is enacted to read:
|
0003| "66-3C-3. [NEW MATERIAL] FORM OF CERTIFICATE OF
|
0004| TITLE.--
|
0005| A. The certificate of title shall contain the identical
|
0006| information required on the registration evidence and in addition
|
0007| a statement of the owner's title and of all liens and
|
0008| encumbrances upon the vehicle.
|
0009| B. The certificate of title shall contain a space for
|
0010| the release of any lien, space for assignment of title or
|
0011| interest and warranty by the owner and space for notation of
|
0012| liens and encumbrances upon the vehicle at the time of transfer."
|
0013| Section 59. A new section of the Motor Vehicle Code,
|
0014| Section 66-3C-4 NMSA 1978, is enacted to read:
|
0015| "66-3C-4. [NEW MATERIAL] DEPARTMENT TO ISSUE CERTIFICATE
|
0016| OF TITLE.--
|
0017| A. When satisfied as to the genuineness and regularity
|
0018| of the transaction and the entitlement of the applicant for a
|
0019| certificate of title to the vehicle, the department shall issue a
|
0020| certificate of title in the name of the applicant and all liens
|
0021| existing against the vehicle. An odometer statement may appear
|
0022| on the title.
|
0023| B. The certificate of title shall be delivered to the
|
0024| owner in the event no lien or encumbrances appear thereon.
|
0025| Otherwise the certificate of title shall be delivered to the
|
0001| person named to receive it in the application for certificate.
|
0002| C. Whenever the owner of a vehicle of a type required
|
0003| to be registered in this state transfers his title or interest in
|
0004| the vehicle to a nonresident who desires to register and title
|
0005| the vehicle in another state, the department upon receiving
|
0006| application and the payment of the proper fee shall issue a
|
0007| certificate of title only and record on the certificate all liens
|
0008| and encumbrances.
|
0009| D. If a vehicle has been damaged by collision or other
|
0010| occurrence and if the cost of repair exceeds the fair market
|
0011| value of the vehicle or the vehicle has been declared a total
|
0012| loss by an insurance company, the certificate of title shall
|
0013| indicate clearly on its face "SALVAGE"."
|
0014| Section 60. Section 66-3-109 NMSA 1978 (being Laws 1978,
|
0015| Chapter 35, Section 56) is recompiled as Section 66-3C-6 NMSA
|
0016| 1978 and is amended to read:
|
0017| "66-3C-6. DEALER'S GUARANTEE OF TITLE.--A dealer licensed
|
0018| [under] pursuant to the provisions of the Motor Vehicle Code
|
0019| may guarantee the title to a specially constructed or
|
0020| reconstructed vehicle for which no title exists and may guarantee
|
0021| the title of any vehicle for which the certificate of title
|
0022| cannot be obtained. [Such] The guarantee shall be in the
|
0023| form of an affidavit filed with the [division] department.
|
0024| Upon receipt of [such] the affidavit together with such other
|
0025| information as the [division] department may require and upon
|
0001| payment of the proper fees, the [division] department in its
|
0002| discretion may issue a certificate of title for the vehicle named
|
0003| in the affidavit."
|
0004| Section 61. Section 66-3-12 NMSA 1978 (being Laws 1978,
|
0005| Chapter 35, Section 32) is recompiled as Section 66-3C-8 NMSA
|
0006| 1978 and is amended to read:
|
0007| "66-3C-8. EVIDENTIAL VALUE OF CERTIFICATE.--A certificate
|
0008| of title issued by the [division] department shall be
|
0009| received in evidence as prima facie evidence of the ownership of
|
0010| the vehicle named in the certificate and as prima facie evidence
|
0011| of all liens and encumbrances against [said] the vehicle
|
0012| appearing on the certificate."
|
0013| Section 62. Section 66-3-118 NMSA 1978 (being Laws 1978,
|
0014| Chapter 35, Section 65) is recompiled as Section 66-3C-9 NMSA
|
0015| 1978 and is amended to read:
|
0016| "66-3C-9. MANUFACTURER'S CERTIFICATE OF ORIGIN--TRANSFER OF
|
0017| VEHICLE NOT PREVIOUSLY REGISTERED.--
|
0018| A. Whenever a manufacturer or the agent or distributor
|
0019| of [such] a manufacturer [shall transfer] transfers a
|
0020| vehicle, not previously registered, to a dealer in this state,
|
0021| the manufacturer, agent or distributor at the time of transfer of
|
0022| the vehicle shall deliver to the dealer a manufacturer's
|
0023| certificate of origin. [Such] The certificate shall be
|
0024| signed by the manufacturer and shall specify that the vehicle
|
0025| described [therein] has been transferred to the dealer named
|
0001| [therein] and that [such] the transfer is the first
|
0002| transfer of the vehicle in ordinary trade and commerce.
|
0003| B. Any dealer when transferring a vehicle, not
|
0004| previously registered, to another dealer shall, at the time of
|
0005| transfer, give the transferee the proper manufacturer's
|
0006| certificate of origin fully assigned to the transferee.
|
0007| C. When a vehicle not previously registered is
|
0008| transferred to a dealer who does not hold a franchise granted by
|
0009| the manufacturer of the vehicle to sell that type or model of
|
0010| vehicle, the transferee must obtain a registration of the vehicle
|
0011| and certificate of title but shall not be required to pay the
|
0012| motor vehicle excise tax [imposed by Section 64-6-27 NMSA
|
1953]."
|
0014| Section 63. Section 66-3-201 NMSA 1978 (being Laws 1978,
|
0015| Chapter 35, Section 73, as amended) is recompiled as Section
|
0016| 66-3D-1 NMSA 1978 and is amended to read:
|
0017| "66-3D-1. FILING SECURITY INTERESTS.--
|
0018| A. A security interest in a vehicle of a type required
|
0019| to be [titled and] registered [in New Mexico] pursuant to
|
0020| the Motor Vehicle Code is not valid against attaching creditors,
|
0021| subsequent transferees or lienholders unless perfected as
|
0022| provided by this section. This provision does not apply to liens
|
0023| dependent upon possession nor to property tax liens on
|
0024| manufactured homes perfected under Section [66-3-204] 66-3D-3
|
0025| NMSA 1978.
|
0001| B. Title applications may be submitted electronically
|
0002| to the department, but all title applications shall be
|
0003| accompanied by the certificate of title last issued for the
|
0004| vehicle and shall contain the name and address of any lienholder,
|
0005| the date the security agreement was executed and the maturity
|
0006| date of the agreement.
|
0007| C. Upon receipt of a title application, the department
|
0008| shall record the date it was received. [When satisfied as to
|
the genuineness of the application, the department shall file it
|
and issue a new certificate of title showing the owner's name and
|
all liens existing against the vehicle]
|
0012| D. No security interest filed in any state which does
|
0013| not show all liens on the certificate of title shall be valid
|
0014| against any person in this state other than the parties to the
|
0015| security agreement or those persons who take with actual notice
|
0016| of the agreement."
|
0017| Section 64. Section 66-3-202 NMSA 1978 (being Laws 1978,
|
0018| Chapter 35, Section 74) is recompiled as Section 66-3D-2 NMSA
|
0019| 1978 and is amended to read:
|
0020| "66-3D-2. FILING EFFECTIVE TO GIVE NOTICE.--
|
0021| A. The filing of an application with the [division]
|
0022| department and the issuance of a new certificate of title by
|
0023| the [division] department as provided in Section [64-3-201
|
NMSA 1953 constitutes] 66-3C-4 NMSA 1978 constitute construc-
|
0025| tive notice of all security interests in the vehicle described in
|
0001| the application. If the application is received by the
|
0002| [division] department within ten days after the date the
|
0003| security agreement was executed, constructive notice [shall
|
date] dates from the time of the execution of the security
|
0005| agreement. [Othewise] Otherwise, constructive notice [shall
|
date] dates from the time of receipt noted on the title
|
0007| application.
|
0008| B. The method provided in this article for perfecting a
|
0009| security interest shall be exclusive except as to liens dependent
|
0010| upon possession and property tax liens on [mobile]
|
0011| manufactured homes perfected under Section [64-3-204 NMSA
|
1953] 66-3D-3 NMSA 1978.
|
0013| C. The constructive notice [herein] provided for
|
0014| [shall terminate] in this section terminates twelve months
|
0015| after the maturity date of the debt. Unless refiled in a manner
|
0016| prescribed by the [division] department within twelve months
|
0017| after the maturity date, the [division] department may ignore
|
0018| the security interest in the issuance of all subsequent certi-
|
0019| ficates of title."
|
0020| Section 65. Section 66-3-204 NMSA 1978 (being Laws 1978,
|
0021| Chapter 35, Section 76, as amended) is recompiled as Section
|
0022| 66-3D-3 NMSA 1978 and is amended to read:
|
0023| "66-3D-3. PROPERTY TAX LIENS ON MANUFACTURED HOMES--
|
0024| FILING--EFFECT.--
|
0025| A. Upon receipt of a notification of unpaid taxes on a
|
0001| manufactured home required by Section 7-38-52 NMSA 1978, the
|
0002| [division] department shall file the notification and indi-
|
0003| cate on it the date and time of receipt. It shall maintain an
|
0004| index and file of the notifications by vehicle registration
|
0005| number.
|
0006| B. From the date and time of receipt of a notification,
|
0007| the unpaid taxes, penalty and interest certified by the county
|
0008| treasurer constitute a lien on and a security interest in the
|
0009| manufactured home on behalf of the state until paid. The lien is
|
0010| valid against holders of prior perfected security interests,
|
0011| attaching creditors and subsequent transferees and when perfected
|
0012| by filing in accordance with this section constitutes
|
0013| constructive notice of the lien claimed. When a lien is
|
0014| perfected under this section, the [division] department shall
|
0015| send written notification of the lien to all holders of prior
|
0016| perfected security interests as shown on the vehicle's
|
0017| certificate of title. The notice shall be sent no later than ten
|
0018| days after the filing of the lien.
|
0019| C. Upon receipt of a certified notice from a county
|
0020| treasurer showing that the taxes, penalty and interest for which
|
0021| a lien is claimed have been paid, the [division] department
|
0022| shall indicate in writing on the filed notification the fact of
|
0023| payment, shall attach the notice of payment to the original
|
0024| notification, shall remove both documents from its lien file to a
|
0025| separate file and shall make a written entry in its index
|
0001| indicating the satisfaction of the lien. At the same time, it
|
0002| shall send written notification to the registered owner of the
|
0003| manufactured home of the action it has taken."
|
0004| Section 66. Section 66-3-111 NMSA 1978 (being Laws 1978,
|
0005| Chapter 35, Section 58) is recompiled as Section 66-3D-4 NMSA
|
0006| 1978 and is amended to read:
|
0007| "66-3D-4. ASSIGNMENT BY PERSON HOLDING LIEN.--Any person
|
0008| holding a lien or encumbrance upon a vehicle other than a lien
|
0009| dependent solely upon possession may assign his title or interest
|
0010| in or to [such] the vehicle to a person other than the owner
|
0011| without the consent of and without affecting the interest of
|
0012| [such] the owner or the registration of [such] the
|
0013| vehicle, but in such event, he shall give to the owner a written
|
0014| notice of [such] the assignment. The [division]
|
0015| department upon receiving a certificate of title assigned by
|
0016| the holder of the lien or encumbrance shown [thereon] on the
|
0017| certificate of title and showing the name and address of the
|
0018| assignee shall issue a new certificate of title as upon an
|
0019| original application."
|
0020| Section 67. Section 66-3-112 NMSA 1978 (being Laws 1978,
|
0021| Chapter 35, Section 59) is recompiled as Section 66-3D-5 NMSA
|
0022| 1978 and is amended to read:
|
0023| "66-3D-5. RELEASE BY LIENHOLDER TO OWNER.--A person holding
|
0024| a lien or encumbrance as shown upon a certificate of title for a
|
0025| vehicle may release [such] the lien or encumbrance or assign
|
0001| his interest to the owner without affecting the registration of
|
0002| [said] the vehicle. The [division] department upon
|
0003| receiving a certificate of title upon which a lienholder has
|
0004| released or assigned his interest to the owner or upon receipt of
|
0005| a certificate of title not so endorsed but accompanied by a legal
|
0006| release from a lienholder of interest in or to a vehicle shall
|
0007| issue a new certificate of title as upon an original
|
0008| application."
|
0009| Section 68. A new section of the Motor Vehicle Code,
|
0010| Section 66-3E-1 NMSA 1978, is enacted to read:
|
0011| "66-3E-1. [NEW MATERIAL] VEHICLE TO BE DISMANTLED--OWNER
|
0012| TO ASSIGN TITLE.--Except as provided in Chapter 66, Article 3E
|
0013| NMSA 1978, any person who sells, gives away, trades or disposes
|
0014| of any vehicle of a type required to be registered under the
|
0015| Motor Vehicle Code as scrap or to be dismantled or destroyed by
|
0016| any person required to be licensed under the Motor Vehicle Dealer
|
0017| and Dismantler Licensing Act shall assign the certificate of
|
0018| title of the vehicle to the recipient and shall deliver the
|
0019| certificate of title to the recipient. A licensed dismantler
|
0020| receiving any registration plates shall either return them to the
|
0021| owner upon demand or surrender them within five days of receiving
|
0022| the plates to the department."
|
0023| Section 69. A new section of the Motor Vehicle Code,
|
0024| Section 66-3E-2 NMSA 1978, is enacted to read:
|
0025| "66-3E-2. [NEW MATERIAL] WHEN VEHICLE MAY BE DISMANTLED
|
0001| OR DESTROYED.--Except as provided in Chapter 66, Article 3E NMSA
|
0002| 1978, no person shall dismantle or destroy a vehicle of a type
|
0003| required to be registered under the Motor Vehicle Code unless the
|
0004| person posesses a certificate of title or other proof of
|
0005| ownership of the vehicle and completes and sends in the
|
0006| dismantler's notification form to the department and any law
|
0007| enforcement agency designated by the department for that
|
0008| purpose."
|
0009| Section 70. Section 66-3-115 NMSA 1978 (being Laws 1978,
|
0010| Chapter 35, Section 62) is recompiled as Section 66-3E-3 NMSA
|
0011| 1978 and is amended to read:
|
0012| "66-3E-3. NOTIFICATION FORMS--COPIES--RESALE OF SALVAGED
|
0013| VEHICLE OR MOTOR VEHICLE.--
|
0014| A. No person licensed [under Section 64-4-1 NMSA
|
1953] pursuant to the Motor Vehicle Dealer and Dismantler
|
0016| Licensing Act shall sell, give away or otherwise dispose of any
|
0017| vehicle [or motor vehicle] of a type required to be registered
|
0018| pursuant to the Motor Vehicle Code obtained in the course of
|
0019| business unless [he] the person has properly filled out a
|
0020| dismantler's notification form and mailed [one copy of that]
|
0021| the form to the [division of motor vehicles] department and
|
0022| one copy of the form to the law enforcement agency designated by
|
0023| the [division of motor vehicles] department for that purpose.
|
0024| If the licensee has a certificate of title for the vehicle [or
|
motor vehicle], it must be mailed to the [division of motor
|
vehicles together] department with [one copy of] the
|
0002| dismantler's notification form.
|
0003| B. The licensee shall furnish the new purchaser or
|
0004| recipient of [any such] the salvaged vehicle [or motor
|
vehicle] with a bill of sale and [one] a copy of the
|
0006| dismantler's notification form, which shall serve as proof of
|
0007| ownership only for dismantling, transporting or rebuilding
|
0008| purposes.
|
0009| C. The purchaser of [such] the vehicle [or motor
|
vehicle] may obtain a new certificate of title authorizing him
|
0011| to use the vehicle [or motor vehicle] for transportation
|
0012| purposes, provided:
|
0013| (1) [he] the purchaser furnishes the
|
0014| [division of motor vehicles] department with a bill of sale
|
0015| and a copy of the dismantler's notification form for the vehicle
|
0016| [or motor vehicle] to be retitled;
|
0017| (2) the vehicle [or motor vehicle] is in
|
0018| satisfactory repair and is fully roadworthy; and
|
0019| (3) the vehicle identification number can be
|
0020| verified and corresponds to the vehicle identification number
|
0021| stated on the dismantler's notification form.
|
0022| D. The [division of motor vehicles] department
|
0023| shall make or cause to be made all necessary inspections and
|
0024| verifications pursuant to this section and if satisfied that all
|
0025| conditions have been met, shall issue a title. [Such] The
|
0001| title shall indicate the vehicle identification number and the
|
0002| assigned New Mexico numbers if any."
|
0003| Section 71. Section 66-3-120 NMSA 1978 (being Laws 1978,
|
0004| Chapter 35, Section 67) is recompiled as Section 66-3E-4 NMSA
|
0005| 1978 and is amended to read:
|
0006| "66-3E-4. TRANSPORTATION OF CERTAIN VEHICLES--PROOF OF
|
0007| OWNERSHIP.--
|
0008| A. Any person transporting [any] a crushed or
|
0009| inoperable vehicle [or motor vehicle] of a type required to be
|
0010| registered pursuant to the Motor Vehicle Code on [any] a
|
0011| public way, street or highway in any manner [whatsoever] shall
|
0012| have in his possession proof of ownership of [such] the
|
0013| vehicle or:
|
0014| (1) an affidavit from the property owner upon
|
0015| whose property the vehicle [or motor vehicle] was abandoned
|
0016| authorizing the vehicle's removal from the property owner's land;
|
0017| and
|
0018| (2) a police clearance indicating the vehicle has
|
0019| not been reported stolen.
|
0020| B. Any person who possesses either a New Mexico
|
0021| dismantler's or wrecker's license, a New Mexico auto dealer's
|
0022| license, a state corporation commission license or a vehicle
|
0023| contract or common carrier license issued by the federal
|
0024| interstate commerce commission shall be exempt from the
|
0025| provisions of this section while transporting vehicles which are
|
0001| not abandoned, provided he prominently displays a dealer's
|
0002| license plate or a dismantler's plate on the vehicle in tow or
|
0003| has a New Mexico state corporation commission vehicle contract or
|
0004| common carrier permit number or a federal interstate commerce
|
0005| commission vehicle contract or common carrier permit number
|
0006| prominently displayed on the towing vehicle.
|
0007| C. Any person failing to have such documentation in his
|
0008| possession while transporting such a vehicle [or motor vehicle]
|
0009| is subject to the penalties [produced in Section 64-4-9 NMSA
|
1953] provided in the Motor Vehicle Dealer and Dismantler
|
0011| Licensing Act, and any vehicle [or motor vehicle] being
|
0012| transported by [such a] the person [shall be] is subject
|
0013| to immediate confiscation. [Said] The vehicle [or motor
|
vehicle] shall be towed to an authorized police impound lot
|
0015| until proof of ownership is presented or until the documentation
|
0016| described in this section is provided by either the owner of the
|
0017| vehicle or the person in possession. Failure to provide [such]
|
0018| documentation within thirty days shall result in the vehicle [or
|
motor vehicle] being deemed unclaimed and thus subject to claim
|
0020| by the person or firm in possession."
|
0021| Section 72. Section 66-3-121 NMSA 1978 (being Laws 1978,
|
0022| Chapter 35, Section 68, as amended) is recompiled as Section
|
0023| 66-3E-5 NMSA 1978 and is amended to read:
|
0024| "66-3E-5. DISPOSAL OF ABANDONED VEHICLE [OR MOTOR
|
VEHICLE].--
|
0001| A. Any person upon whose property or in whose
|
0002| possession is found an abandoned vehicle [or motor vehicle] of
|
0003| a type required to be registered pursuant to the Motor Vehicle
|
0004| Code shall have authority to sell, retain, give away or dispose
|
0005| of the abandoned vehicle [or motor vehicle] to any person
|
0006| licensed [under Sections 66-4-1 through 66-4-9 NMSA 1978]
|
0007| pursuant to the Motor Vehicle Dealer and Dismantler Licensing
|
0008| Act provided that he notifies a law enforcement agency prior to
|
0009| the disposal and obtains from that agency a written clearance
|
0010| stating that neither the agency's records nor the computerized
|
0011| records of the national crime information center indicate that
|
0012| the abandoned vehicle [or motor vehicle] has been reported as
|
0013| stolen and either:
|
0014| (1) the vehicle [or motor vehicle] in question
|
0015| regardless of its age is either totally wrecked or in such a
|
0016| state of disrepair that it is suitable only for dismantling
|
0017| purposes;
|
0018| (2) the vehicle [or motor vehicle] in question
|
0019| is at least eight years of age or older; or
|
0020| (3) the vehicle [or motor vehicle] in question
|
0021| has been placed in any storage or wrecker yard at the request of
|
0022| a law enforcement agency or a property owner upon whose property
|
0023| the vehicle [or motor vehicle] was abandoned and has remained
|
0024| unclaimed in that yard for a period of thirty days, in which case
|
0025| the owner of the storage yard may proceed to make a claim against
|
0001| the [motor vehicle or] vehicle, as specified in [Subsection C
|
of] Section [66-3-119] 66-3E-6 NMSA 1978, as though it were
|
0003| abandoned. Any person wishing to obtain the vehicle may not
|
0004| charge more than fifty cents ($.50) per day for storage unless he
|
0005| is licensed as a vehicle storage yard, and he [must] shall
|
0006| notify owners and lienholders within thirty days or lose all
|
0007| rights to claim the vehicle.
|
0008| B. In the case of any vehicle [or motor vehicle
|
which] that is less than eight years of age or in such a state
|
0010| of repair that it will be placed back into service or [which]
|
0011| that is not to be used for dismantling purposes or [which]
|
0012| that a property owner wishes to retain for his own use or to
|
0013| sell to anyone other than a licensed dismantler, the person shall
|
0014| proceed to make claim for the vehicle [or motor vehicle]
|
0015| through a lien process and obtain a new certificate of title
|
0016| prior to disposal."
|
0017| Section 73. Section 66-3-119 NMSA 1978 (being Laws 1978,
|
0018| Chapter 35, Section 66) is recompiled as Section 66-3E-6 NMSA
|
0019| 1978 and is amended to read:
|
0020| "66-3E-6. VEHICLE [OR MOTOR VEHICLE] TO BE DISMANTLED.--
|
0021| [A. Except as provided in Sections 64-3-114 through
|
64-3-121 NMSA 1953, any person who sells, gives away, trades or
|
disposes of any vehicle or motor vehicle as scrap or to be
|
dismantled or destroyed by any person required to be licensed
|
under Section 64-4-1 NMSA 1953 shall assign the certificate of
|
title of such vehicle or motor vehicle to the recipient and shall
|
deliver the same to the recipient. A licensed dismantler
|
receiving any registration plates shall either return them to the
|
owner upon demand or surrender them within five days of receiving
|
the plates to the division.
|
B. Except as provided in Sections 64-3-114 through
|
64-3-121 NMSA 1953, no person shall dismantle or destroy a
|
vehicle or motor vehicle unless he possesses a certificate of
|
title or other proof of ownership of the vehicle or motor vehicle
|
and completes and sends in the dismantler's notification form to
|
the motor vehicle division and any law enforcement agency
|
designated by the motor vehicle division for that purpose.
|
C.] A. Any person licensed [under Section 64-4-1
|
NMSA 1953] pursuant to the Motor Vehicle Dealer and Dismantler
|
0015| Licensing Act may take possession of an abandoned [motor]
|
0016| vehicle of a type required to be registered pursuant to the
|
0017| Motor Vehicle Code, provided:
|
0018| (1) [he] the person obtains at the time of
|
0019| acquisition a written clearance form from a law enforcement
|
0020| agency mentioned in Section [64-3-121 NMSA 1953] 66-3E-5 NMSA
|
0021| 1978;
|
0022| (2) [he] within five days after acquisition of
|
0023| [said] the abandoned vehicle [or motor vehicle], the
|
0024| person requests from the [motor vehicle division] department
|
0025| an official printout indicating the names and addresses of all
|
0001| lienholders and owners of record. If the abandoned vehicle or
|
0002| motor vehicle has out-of-state license plates or the licensee has
|
0003| some other reason to believe that the abandoned vehicle [or
|
motor vehicle] is registered in a state other than New Mexico,
|
0005| [he] the person must request the same information from the
|
0006| appropriate agency of that state;
|
0007| (3) [he] within five days after receiving the
|
0008| names and addresses of all lienholders and owners of record, the
|
0009| person informs them by certified mail, return receipt requested,
|
0010| of his possession of the abandoned vehicle [or motor vehicle]
|
0011| and all charges, if any, against the abandoned vehicle [or
|
motor vehicle if any] and of his intent to dispose of [said]
|
0013| the vehicle if no claim [be] is made within thirty days
|
0014| after the delivery of the letter;
|
0015| (4) in those cases where neither the [motor
|
vehicle division] department nor the appropriate state agency
|
0017| specified in this section is able to furnish the names of any
|
0018| lienholders or owners of record, the vehicle shall then be deemed
|
0019| as abandoned, and a licensed dismantler may dispose of the
|
0020| abandoned vehicle [or motor vehicle] once he has properly
|
0021| completed a dismantler's notification form for the abandoned
|
0022| vehicle [or motor vehicle] and has mailed [one copy of] the
|
0023| form to the [motor vehicle division] department and [one]
|
0024| a copy of the form to the law enforcement agency designated by
|
0025| the [motor vehicle division] department for that purpose
|
0001| together with a copy of the correspondence with either the
|
0002| [motor vehicle division] department or the state agency
|
0003| specified in this section indicating that there are no
|
0004| lienholders or owners of record; and
|
0005| (5) when a lienholder or owner of record is known
|
0006| and the required notice has been sent and the dismantler has
|
0007| waited the required thirty days and has not received a valid
|
0008| claim, [he] the person shall properly complete a dismantler's
|
0009| notification form for the abandoned vehicle [or motor
|
vehicle] and send [one copy of] the form together with any
|
0011| correspondence with the [motor vehicle division] department
|
0012| or appropriate state agency specified in this subsection
|
0013| indicating the names and addresses of lienholders and owners of
|
0014| record plus proof of notification together with an affidavit
|
0015| signed by the dismantler stating under oath or affirmation that
|
0016| he has complied with provisions of this section and he has not
|
0017| received during the thirty-day period following notification any
|
0018| valid claim against the abandoned vehicle [or motor vehicle]
|
0019| in question or, while a valid claim has been made, he has not
|
0020| received within sixty days following [such] the notification
|
0021| payment for fees connected with towing and storage of the
|
0022| abandoned vehicle [or motor vehicle] in question. One copy
|
0023| of the dismantler's notification form shall be sent to the law
|
0024| enforcement agency designated by the [motor vehicle division]
|
0025| department for that purpose.
|
0001| [(6)] B. Any person who fails to give notice
|
0002| required in this [subsection] section within the time limit
|
0003| specified shall forfeit all liens, interest and claims to the
|
0004| abandoned vehicle [or motor vehicle] in question if claimed
|
0005| by an owner or lienholder.
|
0006| [(7)] C. Failure of an owner or lienholder to
|
0007| assert a claim or to pay all legal storage or towing fees if any
|
0008| within the specified period of time shall result in that person's
|
0009| forfeiture of liens, interest or claims to the abandoned
|
0010| vehicle. [or motor vehicle; and
|
(8)] D. Upon complying with the [above] conditions
|
0012| of this section and waiting the required period of time, such
|
0013| [a] an abandoned vehicle [or motor vehicle shall be
|
deemed] is the property of the dismantler for dismantling or
|
0015| salvage purposes, and he shall not be required to take further
|
0016| action under the lien laws of this state unless the abandoned
|
0017| vehicle [or motor vehicle] is used for other than dismantling
|
0018| or salvage purposes, and any person licensed under Section [64-4-1 NMSA 1953] the Motor Vehicle Dealer and Dismantler
|
0019| Licensing Act may dismantle or destroy such [a] an abandoned
|
0020| vehicle [or motor vehicle]."
|
0021| Section 74. Section 66-3-123 NMSA 1978 (being Laws 1978,
|
0022| Chapter 35, Section 70, as amended) is recompiled as Section
|
0023| 66-3E-7 NMSA 1978 and is amended to read:
|
0024| "66-3E-7. REQUIREMENTS OF PURCHASER--FORMS--DISTRIBUTION.-- A. Purchasers licensed [under] pursuant to the
|
0025| provisions of [Section 66-4-1 NMSA 1978 shall] the Motor
|
0001| Vehicle Dealer and Dismantler Licensing Act, upon purchase of a
|
0002| vehicle of a type required to be registered pursuant to the
|
0003| Motor Vehicle Code to be dismantled, crushed or otherwise
|
0004| destroyed, shall send [copies of] prior to the dismantling,
|
0005| crushing or destruction the dismantler's notification form [as
|
provided for in Section
|
66-3-124 NMSA 1978 to the following persons:
|
A. one copy] to the department [as required by
|
Section 66-3-121 NMSA 1978], along with the actual title or
|
0010| proof of ownership required in the state in which the vehicle is
|
0011| registered or licensed. [provided that] With the prior
|
0012| approval of the department, the required information may be
|
0013| transmitted electronically to the department in lieu of
|
0014| submitting a copy of the form.
|
0015| B. [one] A copy of the dismantler's form sent to
|
0016| the department pursuant to Subsection A of this section shall be
|
0017| sent by certified mail within thirty days of acquisition to the
|
0018| local law enforcement agency designated by the department. The
|
0019| agency [must] shall process the form through the files of
|
0020| stolen or embezzled vehicles within five days of receipt of the
|
0021| form.
|
0022| C. [one] A copy of the dismantler's notification
|
0023| form sent to the department pursuant to Subsection A of this
|
0024| section is to be retained by the purchaser for as long as the
|
0025| vehicle remains in the purchaser's possession or until the
|
0001| vehicle is destroyed. [and]
|
0002| D. [one] A copy of the dismantler's notification
|
0003| form sent to the department pursuant to Subsection A of this
|
0004| section is to be [retained and] provided to any subsequent
|
0005| purchaser of the vehicle. The purchaser shall retain the copy
|
0006| for as long as the vehicle remains in his possession or until the
|
0007| vehicle is destroyed."
|
0008| Section 75. Section 66-3-125 NMSA 1978 (being Laws 1978,
|
0009| Chapter 35, Section 72, as amended) is recompiled as Section
|
0010| 66-3E-8 NMSA 1978 and is amended to read:
|
0011| "66-3E-8. RESTRICTIONS UPON LICENSEES.--A person licensed
|
0012| [under] pursuant to the provisions of [Sections 66-4-1
|
through 66-4-9 NMSA 1978 may] the Motor Vehicle Dealer and
|
0014| Dismantler Licensing Act, no earlier than thirty days after
|
0015| mailing the dismantler's notification form as required by Section
|
0016| [66-3-123] 66-3E-7 NMSA 1978, may proceed with the business
|
0017| of shredding, compacting, crushing or otherwise disposing of a
|
0018| vehicle [or motor vehicle] purchased in accordance with the
|
0019| provisions of [Sections 66-4-1 through 66-4-9] Section 66-3E-7 NMSA 1978; provided, however, dismantling of the vehicle [or
|
motor vehicle] may proceed immediately upon the mailing of the
|
0021| dismantler's notification form."
|
0022| Section 76. Section 66-3-116 NMSA 1978 (being Laws 1978,
|
0023| Chapter 35, Section 63) is recompiled as Section 66-3E-10 NMSA
|
0024| 1978 and is amended to read:
|
0025| "66-3E-10. TITLE CANCELLATION.--The [division of motor
|
vehicles shall] department upon receipt of a properly
|
0002| completed dismantler's notification form and any additional
|
0003| required documentation from a person licensed [under Section
|
64-4-1 NMSA 1953] pursuant to the Motor Vehicle Dealer and
|
0005| Dismantler Licensing Act shall cancel the title of the vehicle
|
0006| in [their] its records."
|
0007| Section 77. A new section of the Motor Vehicle Code,
|
0008| Section 66-4-10 NMSA 1978, is enacted to read:
|
0009| "66-4-10. [NEW MATERIAL] SHORT TITLE.--Sections 66-4-1
|
0010| through 66-4-10 NMSA 1978 may be cited as the "Motor Vehicle
|
0011| Dealer and Dismantler Licensing Act"."
|
0012| Section 78. A new section of the Motor Vehicle Code,
|
0013| Section 66-6-1.1 NMSA 1978, is enacted to read:
|
0014| "66-6-1.1. [NEW MATERIAL] HISTORIC VEHICLES--REGISTRATION FEE.--The fee for registration of a historic vehicle
|
0015| is fifty dollars ($50.00)."
|
0016| Section 79. A new section of the Motor Vehicle Code,
|
0017| Section 66-6-1.2 NMSA 1978, is enacted to read:
|
0018| "66-6-1.2. [NEW MATERIAL] OFF-HIGHWAY MOTOR VEHICLES--REGISTRATION FEES.--
|
0019| A. The fee for registration or renewal of the
|
0020| registration of an off-highway motor vehicle is fifteen dollars
|
0021| ($15.00) for each off-highway motor vehicle. The registration or
|
0022| renewal of registration shall be valid for a period of three
|
0023| years.
|
0024| B. Upon a change of ownership, the new owner shall make
|
0025| application and pay a registration fee of fifteen dollars
|
0001| ($15.00) in the same manner as provided for original
|
0002| registration."
|
0003| Section 80. Section 66-6-2 NMSA 1978 (being Laws 1978,
|
0004| Chapter 35, Section 337, as amended) is amended to read:
|
0005| "66-6-2. PASSENGER VEHICLES--REGISTRATION FEES.--For
|
0006| registration of each motor vehicle other than motorcycles,
|
0007| historic vehicles, trucks, buses and tractors, the [division]
|
0008| department shall collect the following fees for a twelve-month
|
0009| registration period:
|
0010| A. for a vehicle whose gross factory shipping weight is
|
0011| not more than two thousand pounds, twenty dollars ($20.00);
|
0012| provided, however, that after five years of registration,
|
0013| calculated from the date when the vehicle was first registered in
|
0014| this or another state, the fee is sixteen dollars ($16.00);
|
0015| B. for a vehicle whose gross factory shipping weight is
|
0016| more than two thousand but not more than three thousand pounds,
|
0017| twenty-nine dollars ($29.00); provided, however, that after five
|
0018| years of registration, calculated from the date when the vehicle
|
0019| was first registered in this or another state, the fee is
|
0020| twenty-three dollars ($23.00);
|
0021| C. for a vehicle whose gross factory shipping weight is
|
0022| more than three thousand pounds, forty-two dollars ($42.00);
|
0023| provided, however, that after five years of registration,
|
0024| calculated from the date when the vehicle was first registered in
|
0025| this or another state, the fee is thirty-four dollars ($34.00);
|
0001| and
|
0002| D. beginning July 1, 1994, for each vehicle registered
|
0003| pursuant to the provisions of this section, a tire recycling fee
|
0004| of one dollar ($1.00) for a twelve-month registration period."
|
0005| Section 81. Section 66-6-4 NMSA 1978 (being Laws 1978,
|
0006| Chapter 35, Section 339, as amended by Laws 1994, Chapter 117,
|
0007| Section 20 and also by Laws 1994, Chapter 126, Section 20) is
|
0008| amended to read:
|
0009| "66-6-4. REGISTRATION FEES--TRUCKS, TRUCK TRACTORS, ROAD
|
0010| TRACTORS AND BUSES.--
|
0011| A. [Within their respective jurisdictions, the motor
|
vehicle and motor transportation divisions shall charge]
|
0013| Registration fees for trucks, truck tractors, road tractors and
|
0014| buses, except as otherwise provided by law, [according to] are
|
0015| as provided by the schedule of Subsection B of this section.
|
0016| B. [Declared] Gross Vehicle Weight Fee
|
0017| 001 to 4,000 $ 30
|
0018| 4,001 to 6,000 41
|
0019| 6,001 to 8,000 52
|
0020| 8,001 to 10,000 63
|
0021| 10,001 to 12,000 74
|
0022| 12,001 to 14,000 85
|
0023| 14,001 to 16,000 96
|
0024| 16,001 to 18,000 107
|
0025| 18,001 to 20,000 118
|
0001| 20,001 to 22,000 129
|
0002| 22,001 to 24,000 140
|
0003| 24,001 to 26,000 151
|
0004| 26,001 to 48,000 88.50
|
0005| 48,001 and over 129.50.
|
0006| C. After five years of registration calculated from
|
0007| the date when the vehicle was first registered in this or
|
0008| another state, all trucks [whose declared gross weight or]
|
0009| whose gross vehicle weight is [less than] twenty-six thousand
|
0010| pounds [after five years of registration, calculated from the
|
date when the vehicle was first registered in this or another
|
state] or less shall be charged registration fees at eighty
|
0013| percent of the rate set out in Subsection B of this section.
|
0014| D. All trucks with a gross vehicle weight rating of
|
0015| more than twenty-six thousand pounds and all truck tractors and
|
0016| road tractors used to tow freight trailers shall be registered
|
0017| on the basis of combination gross vehicle weight.
|
0018| E. All trucks with a gross vehicle weight rating of
|
0019| twenty-six thousand pounds or less shall be registered on the
|
0020| basis of gross vehicle weight. Any trailer, semitrailer or
|
0021| pole trailer towed by a truck of such gross vehicle weight
|
0022| shall be classified as a utility trailer for registration
|
0023| purposes unless otherwise provided by law.
|
0024| F. All farm vehicles having a [declared] gross
|
0025| vehicle weight of more than six thousand pounds shall be
|
0001| charged registration fees of two-thirds of the rate of the
|
0002| respective fees provided in Subsection B of this section
|
0003| [and shall be issued distinctive registration plates. "Farm
|
vehicle" means any vehicle owned by a person whose principal
|
occupation is farming or ranching and which vehicle is used
|
principally in the transportation of farm and ranch products to
|
market and farm and ranch supplies and livestock from the place
|
of purchase to farms and ranches in this state; provided that
|
the vehicle is not used for hire].
|
0010| G. In addition to other registration fees imposed by
|
0011| this section [beginning July 1, 1994], there is imposed at
|
0012| the time of registration an annual tire recycling fee of one
|
0013| dollar ($1.00) on each vehicle subject to a registration fee
|
0014| pursuant to this section, except for vehicles with a
|
0015| [declared] gross vehicle weight of greater than twenty-six
|
0016| thousand pounds upon which registration fees are imposed by
|
0017| Subsection B of this section.
|
0018| H. Four percent of registration fees of trucks having
|
0019| a [declared] gross vehicle weight from twenty-six thousand
|
0020| one pounds to forty-eight thousand pounds [declared] gross
|
0021| vehicle weight is to be transferred to the tire recycling fund
|
0022| pursuant to the provisions of Section 66-6-23 NMSA 1978.
|
0023| I. Five percent of registration fees of trucks in
|
0024| excess of forty-eight thousand pounds [declared] gross
|
0025| vehicle weight is to be transferred to the tire recycling fund
|
0001| pursuant to the provisions of Section 66-6-23 NMSA 1978."
|
0002| Section 82. Section 66-6-11 NMSA 1978 (being Laws 1978,
|
0003| Chapter 35, Section 346) is amended to read:
|
0004| "66-6-11. COMPUTATION OF WEIGHT.--The weight for
|
0005| determining registration fees shall be as follows:
|
0006| A. for trucks, truck tractors, road tractors and
|
0007| buses, the [declared] gross vehicle weight;
|
0008| B. for freight trailers, irrespective of their
|
0009| weight, a flat fee for permanent registration shall be charged
|
0010| as provided by law;
|
0011| C. for utility trailers, the actual empty weight
|
0012| except that in the case of travel trailers, the weights to be
|
0013| used are those specified in Section [64-6-3 NMSA 1953] 66-6-3 NMSA 1978; and
|
0014| D. for all other vehicles except as otherwise
|
0015| provided by law, the gross factory shipping weight."
|
0016| Section 83. Section 66-3-113 NMSA 1978 (being Laws 1978,
|
0017| Chapter 35, Section 60) is recompiled as Section 66-8-11 NMSA
|
0018| 1978 and is amended to read:
|
0019| "66-8-11. FAILURE TO DELIVER CERTIFICATE--PENALTY.--
|
0020| A. Except as provided in [Section 64-3-24B NMSA
|
1953] Subsection B of Section 66-3A-25 NMSA 1978, it is a
|
0022| misdemeanor for any person to fail or neglect to properly
|
0023| endorse and deliver a certificate of title to a transferee or
|
0024| owner lawfully entitled thereto.
|
0025| B. Upon conviction of a second [such] offense, the
|
0001| offender is guilty of a misdemeanor but shall be punished by a
|
0002| fine of not more than one thousand dollars ($1,000) or by
|
0003| imprisonment for not more than three hundred sixty-four days or
|
0004| both."
|
0005| Section 84. Section 66-3-1001 NMSA 1978 (being Laws 1978,
|
0006| Chapter 35, Section 197, as amended) is recompiled as Section
|
0007| 66-8-A.1 NMSA 1978 and is amended to read:
|
0008| "66-3-1001. SHORT TITLE.--Sections [66-3-1001 through
|
66-3-1016] 66-8A-1 through 66-8A-8 NMSA 1978 may be cited as
|
0010| the "Off-Highway Motor Vehicle Act"."
|
0011| Section 85. Section 66-3-1012 NMSA 1978 (being Laws 1978,
|
0012| Chapter 35, Section 208, as amended) is recompiled as Section
|
0013| 66-8A-4 NMSA 1978 and is amended to read:
|
0014| "66-8A-4. MOVEMENT OF OFF-HIGHWAY MOTOR VEHICLES ADJACENT
|
0015| TO HIGHWAY.--Off-highway motor vehicles issued a registration
|
0016| plate [pursuant to Subsection C of Section 66-3-1003 NMSA
|
1978] by the department may be moved, by nonmechanical means
|
0018| only, adjacent to a highway, in a manner so as not to interfere
|
0019| with traffic upon the highway, only for the purpose of gaining
|
0020| access to or returning from areas designed for the operation of
|
0021| off-highway motor vehicles when no other route is available."
|
0022| Section 86. Section 66-12-5.2 NMSA 1978 (being Laws 1987,
|
0023| Chapter 247, Section 7) is amended to read:
|
0024| "66-12-5.2. OWNER'S CERTIFICATE OF TITLE--FEES--DUPLICATES.--
|
0025| A. Except as provided in Subsection C of this
|
0001| section, every owner of a boat subject to titling under the
|
0002| provisions of the Boat Act shall apply to the [division]
|
0003| department for issuance of a certificate of title for the
|
0004| boat within thirty days after acquisition. The application
|
0005| shall be on forms the [division] department prescribes and
|
0006| accompanied by the required fee. The application shall be
|
0007| signed and sworn to before a notary public or other [person]
|
0008| individual who administers oaths, or include a certifica-
|
0009| tion signed in writing containing substantially the repre-
|
0010| sentation that statements made are true and correct to the best
|
0011| of the applicant's knowledge, information and belief, under
|
0012| penalty of perjury. The application shall contain the date of
|
0013| sale and gross price of the boat or the fair market value if no
|
0014| sale immediately preceded the transfer and any additional
|
0015| information the [division] department requires. If the
|
0016| application is made for a boat last previously registered or
|
0017| titled in another state or foreign country, it shall contain
|
0018| this information and any other information the [division]
|
0019| department requires.
|
0020| B. The [division] department shall not issue or
|
0021| renew a certificate of number to any boat required to be
|
0022| registered and numbered in the state unless the [division]
|
0023| department has issued a certificate of title to the owner, if
|
0024| the boat is required to be titled.
|
0025| C. Any person who, on July 1, 1987, is the owner of a
|
0001| boat with a valid certificate of number issued by the state is
|
0002| not required to file an application for a certificate of title
|
0003| for the boat until he transfers any part of his interest in the
|
0004| boat or he renews the certificate of number for the boat.
|
0005| D. If a dealer buys or acquires a used boat for
|
0006| resale, he shall report the acquisition to the [division]
|
0007| department on forms the [division] department provides,
|
0008| or he may apply for and obtain a certificate of title as pro-
|
0009| vided in this section. If a dealer buys or acquires a used
|
0010| unnumbered boat, he shall apply for a certificate of title in
|
0011| his name within thirty days. If a dealer buys or acquires a
|
0012| new boat for resale, he may apply for a certificate of title in
|
0013| his name.
|
0014| E. Every dealer transferring a boat requiring titling
|
0015| under this section shall assign the title to the new owner or,
|
0016| in the case of a new boat, assign the certificate of origin.
|
0017| Within thirty days, the dealer or purchaser, as applicable,
|
0018| shall file with the [division] department the necessary
|
0019| application and fee required under this section.
|
0020| F. The [division] department shall maintain a
|
0021| record of any certificate of title it issues.
|
0022| G. No person shall sell, assign or transfer a boat
|
0023| titled by the state without delivering to the purchaser or
|
0024| transferee a certificate of title with an assignment on it
|
0025| showing title in the purchaser or transferee and with a
|
0001| statement of all liens upon the title. No person may purchase
|
0002| or otherwise acquire a boat required to be titled by the state
|
0003| without obtaining a certificate of title for it in his name.
|
0004| The transferee before operating or permitting the operation of
|
0005| the boat on a waterway shall present to the department the
|
0006| certificate of registration and the properly assigned
|
0007| certificate of title and shall apply for and obtain a new
|
0008| certificate of title and a new registration for the vehicle.
|
0009| H. The [division] department shall charge a ten
|
0010| dollar ($10.00) fee to issue a certificate of title, a transfer
|
0011| of title, a duplicate or corrected certificate of title.
|
0012| I. If a certificate of title is lost, stolen,
|
0013| mutilated, destroyed or becomes illegible, [the first
|
lienholder or, if there is none] the owner named in the
|
0015| certificate, as shown by the [division's] department's
|
0016| records, shall within thirty days obtain a duplicate by
|
0017| applying to the [division] department, or the owner's
|
0018| representative or successor in interest shall apply immediately
|
0019| to the department for issuance of a duplicate certificate of
|
0020| title. The applicant shall furnish information concerning the
|
0021| original certificate and the circumstances of its loss, mutila-
|
0022| tion or destruction as the [division] department requires.
|
0023| Mutilated or illegible certificates shall be returned to the
|
0024| [division] department with the application for a duplicate.
|
0025| In the event a lien or encumbrance is filed of record, the
|
0001| department shall require the application for the duplicate
|
0002| certificate of title to be signed by the holder of the lien or
|
0003| encumbrance. Issuance of a duplicate certificate of title is
|
0004| not subject to the excise tax imposed under Section 66-12-6.1
|
0005| NMSA 1978. Upon issuance of any duplicate certificate of
|
0006| title, the previous certificate last issued is void.
|
0007| J. The duplicate certificate of title shall be
|
0008| plainly marked "duplicate" across its face and mailed or
|
0009| delivered to the applicant.
|
0010| K. If a lost or stolen original certificate of title
|
0011| for which a duplicate has been issued is recovered, the
|
0012| original shall be surrendered promptly to the [division]
|
0013| department for cancellation.
|
0014| L. In the absence of the regularly required
|
0015| supporting evidence of ownership upon application for
|
0016| certificate of title, registration or transfer of a boat
|
0017| required to be titled under the provisions of the Boat Act, the
|
0018| department may accept an undertaking or surety bond, in an
|
0019| amount double the value of the boat, which shall be conditioned
|
0020| to protect the department and all officers and employees of the
|
0021| department and any subsequent purchaser of the boat or vehicle,
|
0022| any person holding or acquiring a lien or security interest on
|
0023| the boat or vehicle or the successor in interest of the
|
0024| purchaser or person against any loss or damage on account of
|
0025| any defect in or undisclosed claim upon the right, title and
|
0001| interest of the applicant or other person in and to the boat.
|
0002| The bond shall run to the true owner or the lienholder. The
|
0003| bond shall expire three years after the date it becomes
|
0004| effective."
|
0005| Section 87. RECOMPILATION.--
|
0006| A. Section 66-3-10.1 NMSA 1978 (being Laws 1990,
|
0007| Chapter 120, Section 24) is recompiled as Section 66-3C-5 NMSA
|
0008| 1978.
|
0009| B. Sections 66-3-106 and 66-3-124 NMSA 1978 (being
|
0010| Laws 1978, Chapter 35, Sections 53 and 71, as amended) are
|
0011| recompiled as Sections 66-3C-7 and 66-3E-9 NMSA 1978.
|
0012| C. Section 66-3-203 NMSA 1978 (being Laws 1978,
|
0013| Chapter 35, Section 75) is recompiled as Section 66-3-509 NMSA
|
0014| 1978.
|
0015| D. Sections 66-3-1010, 66-3-1011 and 66-3-1013
|
0016| through 66-3-1016 NMSA 1978 (being Laws 1978, Chapter 35,
|
0017| Section 206, Laws 1975, Chapter 240, Sections 11, 13 and 14,
|
0018| Laws 1978, Chapter 35, Sections 211 and 212, as amended) are
|
0019| recompiled as Sections 66-8A-2, 66-8A-3 and 66-8A-5 through
|
0020| 66-8A-8 NMSA 1978.
|
0021| Section 88. REPEAL.--
|
0022| A. Sections 66-3-3, 66-3-5, 66-3-10, 66-3-11,
|
0023| 66-3-16.1, 66-3-21, 66-3-22, 66-3-27 and 66-3-28 NMSA 1978
|
0024| (being Laws 1978, Chapter 35, Sections 23, 25, 30 and 31, Laws
|
0025| 1995, Chapter 129, Section 2, Laws 1978, Chapter 35, Sections
|
0001| 41, 42 and 47 and Laws 1994, Chapter 119, Section 14, as
|
0002| amended) are repealed.
|
0003| B. Sections 66-3-102 through 66-3-104, 66-3-108 and
|
0004| 66-3-110 NMSA 1978 (being Laws 1978, Chapter 35, Sections 49
|
0005| through 51, 55 and 57, as amended) are repealed.
|
0006| C. Section 66-3-303 NMSA 1978 (being Laws 1978,
|
0007| Chapter 35, Section 79) is repealed.
|
0008| D. Sections 66-3-401 through 66-3-404, 66-3-407,
|
0009| 66-3-407.1, 66-3-408 and 66-3-418 NMSA 1978 (being Laws 1978,
|
0010| Chapter 35, Sections 80 through 83 and 86, Laws 1989, Chapter
|
0011| 87, Section 1, Laws 1978, Chapter 35, Section 87 and Laws 1990,
|
0012| Chapter 46, Section 1, as amended) are repealed.
|
0013| E. Section 66-3-901 NMSA 1978 (being Laws 1978,
|
0014| Chapter 35, Section 194, as amended) is repealed.
|
0015| F. Sections 66-3-1003 through 66-3-1008 NMSA 1978
|
0016| (being Laws 1978, Chapter 35, Sections 199 through 204, as
|
0017| amended) are repealed.
|
0018| Section 89. EFFECTIVE DATE.--The effective date of the
|
0019| provisions of this act is January 1, 1997.
|
0020|
|
0021|
|
0022| FORTY-SECOND LEGISLATURE
|
0023| SECOND SESSION, 1996
|
0024|
|
0025|
|
0001| JANUARY 22, 1996
|
0002|
|
0003| Mr. President:
|
0004|
|
0005| Your COMMITTEES' COMMITTEE, to whom has been referred
|
0006|
|
0007| SENATE BILL 77
|
0008|
|
0009| has had it under consideration and finds same to be GERMANE, PURSUANT
|
0010| TO CONSTITUTIONAL PROVISIONS, and thence referred to the WAYS AND
|
0011| MEANS COMMITTEE.
|
0012|
|
0013| Respectfully submitted,
|
0014|
|
0015|
|
0016|
|
0017|
|
0018| __________________________________
|
0019| SENATOR MANNY M. ARAGON, Chairman
|
0020|
|
0021|
|
0022|
|
0023| Adopted_______________________ Not Adopted_______________________
|
0024| (Chief Clerk) (Chief Clerk)
|
0025|
|
0001|
|
0002| Date ________________________
|
0003|
|
0004|
|
0005|
|
0006| S0077CC1 FORTY-SECOND LEGISLATURE
|
0007| SECOND SESSION
|
0008|
|
0009|
|
0010| FORTY-SECOND LEGISLATURE SB 77/a
|
0011| SECOND SESSION, 1996
|
0012|
|
0013|
|
0014| February 9, 1996
|
0015|
|
0016| Mr. President:
|
0017|
|
0018| Your WAYS AND MEANS COMMITTEE, to whom has been
|
0019| referred
|
0020|
|
0021| SENATE BILL 77
|
0022|
|
0023| has had it under consideration and reports same with
|
0024| recommendation that it DO PASS, amended as follows:
|
0025|
|
0001| l. On page 8, line 9, strike "driveway-towaway" and insert in
|
0002| lieu thereof "driveaway-towaway".
|
0003|
|
0004| 2. On page 16, line 12, strike "specially-constructed" and
|
0005| insert in lieu thereof "specially constructed".
|
0006|
|
0007| 3. On page 18, line 4, strike "single axle" and insert in
|
0008| lieu thereof "single-axle".
|
0009|
|
0010| 4. On page 18, line 11, strike the comma.
|
0011|
|
0012| 5. On page 20, between lines 19 and 20, insert the following
|
0013| new paragraph:
|
0014|
|
0015| "(9) a vehicle for which title has been transferred
|
0016| to an authorized insurance company, as that term is defined in the
|
0017| New Mexico Insurance Code, as a result of damage to or theft of
|
0018| the vehicle for which the insurance company has compensated the
|
0019| owner;".
|
0020|
|
0021| 6. Renumber the succeeding paragraphs accordingly.
|
0022|
|
0023| 7. On page 27, line 19, after "country" insert "and has not
|
0024| been registered or titled in another state".
|
0025|
|
0001| 8. On page 28, line 2, after "company" insert "as a result of
|
0002| damage to the vehicle". 9. On page 32, line 14, before the period insert "unless a
|
0003| lien on the vehicle has been recorded and not released, in which
|
0004| case the certificate of title shall be delivered to the first
|
0005| lienholder of record".
|
0006|
|
0007| 10. On page 34, lines 18 through 23, remove the brackets and
|
0008| line through, and on line 23, strike "notice" and insert in lieu
|
0009| thereof "Notice".
|
0010|
|
0011| 11. Reletter the succeeding subsections accordingly.
|
0012|
|
0013| 12. On page 37, lines 15 through 20, strike the brackets and
|
0014| line-through.
|
0015|
|
0016| 13. On page 45, line 4, after "DEPARTMENT" insert dashes and
|
0017| remove the brackets and line-through.
|
0018|
|
0019| 14. On page 45, lines 10 and 11, remove the brackets and
|
0020| line-through and strike the underscored language.
|
0021|
|
0022| 15. On page 46, line 15, strike the closing quotation marks
|
0023| and between lines 15 and 16 insert the following new subsection:
|
0024|
|
0025| "G. Souvenir sample registration plates of any type,
|
0001| whether regular or special, may be issued by the department upon
|
0002| request and payment of a fee of ten dollars ($10.00)."".
|
0003|
|
0004| 16. On page 48, line 6, strike "state name, state motto,".
|
0005|
|
0006| 17. On page 50, line 18, after "HOMES" strike "AND" and
|
0007| insert in lieu thereof a comma and on line 19, after "TRAILERS"
|
0008| insert "AND HISTORIC VEHICLES".
|
0009|
|
0010| 18. On page 56, line 10, before the period insert "or a valid
|
0011| temporary permit in accordance with Section 66-3A-10 NMSA 1978".
|
0012|
|
0013| 19. On page 57, line 21, strike "ten" and insert in lieu
|
0014| thereof "twenty".
|
0015| 20. On pages 71 through 73, strike Section 42 in its
|
0016| entirety.
|
0017|
|
0018| 21. Renumber the succeeding sections accordingly.
|
0019|
|
0020| 22. On page 78, line 2, after "state-supported" insert "four-year".
|
0021|
|
0022| 23. On page 82, line 8, strike "The" and insert in lieu
|
0023| thereof "Except as provided otherwise in Subsection C of this
|
0024| section, the".
|
0025|
|
0001| 24. On page 83, line 11, strike "The" and insert in lieu
|
0002| thereof "Except as provided otherwise in Subsection B of this
|
0003| section, the".
|
0004|
|
0005| 25. On page 83, lines 17 and 18, strike "in addition to the
|
0006| regular registration fee".
|
0007|
|
0008| 26. On page 84, line 5, strike "B or".
|
0009|
|
0010| 27. On page 86, line 14, strike the brackets and line-through
|
0011| and strike "ten dollars ($10.00)".
|
0012|
|
0013| 28. On page 87, line 24, strike "C" and insert in lieu
|
0014| thereof "B".
|
0015|
|
0016| 29. On page 88, line 25, strike "D" and insert in lieu
|
0017| thereof "C".
|
0018|
|
0019| 30. On page 90, line 5, strike "D" and insert in lieu thereof
|
0020| "C".
|
0021|
|
0022| 31. On page 91, line 13, strike "D" and insert in lieu
|
0023| thereof "C".
|
0024|
|
0025| 32. On page 92, line 16, strike "G" and insert in lieu
|
0001| thereof "E".
|
0002|
|
0003| 33. On page 93, line 17, after "special", strike the
|
0004| semicolon.
|
0005|
|
0006| 34. On page 96, line 17, strike "if" and insert in lieu
|
0007| thereof "either".
|
0008|
|
0009| 35. On page 98, line 14, after "dealer" insert "for resale".
|
0010|
|
0011| 36. On page 113, line 14, strike "Section".
|
0012|
|
0013| 37. On page 114, line 11, before "form" insert
|
0014| "notification".
|
0015|
|
0016| 38. On page 121, line 22, strike "or owner" and insert in
|
0017| lieu thereof ", owner or lienholder".
|
0018|
|
0019| 39. On page 122, line 6, strike "66-8-A.1" and insert in lieu
|
0020| thereof "66-8A-1.".
|
0021|
|
0022| 40. On page 122, line 7, strike "66-3-1001" and insert in
|
0023| lieu thereof "66-8A-1".
|
0024|
|
0025| 41. On page 125, line 10, after the first occurrence of
|
0001| "title" strike the comma and insert "or".
|
0002|
|
0003| 42. On page 127, line 16, after "14" strike the comma and
|
0004| insert "and".
|
0005|
|
0006| 43. On page 127, between lines 19 and 20, insert the
|
0007| following new subsection:
|
0008|
|
0009| "E. Section 66-3B-6 NMSA 1978 is reserved.".
|
0010|
|
0011|
|
0012|
|
0013| Respectfully submitted,
|
0014|
|
0015|
|
0016|
|
0017| __________________________________
|
0018| TITO D. CHAVEZ, Chairman
|
0019|
|
0020|
|
0021|
|
0022| Adopted_______________________ Not Adopted_______________________
|
0023| (Chief Clerk) (Chief Clerk)
|
0024|
|
0025|
|
0001| Date ________________________
|
0002|
|
0003|
|
0004| The roll call vote was 6 For 1 Against
|
0005| Yes: 6
|
0006| No: Riley
|
0007| Excused: Campos
|
0008| Absent: None
|
0009|
|
0010|
|
0011| S0077WM1 .110359.4
|
0012|
|
0013|
|