SENATE BILL 777

48th legislature - STATE OF NEW MEXICO - first session, 2007

INTRODUCED BY

Lidio G. Rainaldi

 

 

 

 

 

AN ACT

RELATING TO MOTOR VEHICLES; PROVIDING FOR REGISTRATION PLATES AND VALIDATING STICKERS FOR THE FRONT AND REAR OF VEHICLES; PROVIDING EXCEPTIONS; PROHIBITING CERTAIN PLATE DISPLAYS.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     Section 1. Section 66-1-4.15 NMSA 1978 (being Laws 1990, Chapter 120, Section 16, as amended) is amended to read:

     "66-1-4.15. DEFINITIONS.--As used in the Motor Vehicle Code:

          A. "railroad" means a carrier of persons or property upon cars operated upon stationary rails;

          B. "railroad sign or signal" means any sign, signal or device erected by authority of a public body or official or by a railroad and intended to give notice of the presence of railroad tracks or the approach of a railroad train;

          C. "railroad train" means a steam engine, electric or other motor, with or without cars coupled thereto, operated upon rails;

          D. "reconstructed vehicle" means any vehicle assembled or constructed largely by means of essential parts, new or used, derived from other vehicles or which, if originally otherwise assembled or constructed, has been materially altered by the removal of essential parts, new or used;

          E. "recreational travel trailer" means a camping body designed to be drawn by another vehicle;

          F. "recreational vehicle" means a vehicle with a camping body that has its own motive power, is affixed to or is drawn by another vehicle and includes motor homes, travel trailers and truck campers;

          G. "registration" means registration certificates and registration plates issued under the laws of New Mexico pertaining to the registration of vehicles;

          H. "registration number" means the number assigned upon registration by the division to the owner of a vehicle or motor vehicle required to be registered by the Motor Vehicle Code;

          I. "registration plate" means the [plate, marker, sticker] two identical plates or validating stickers issued pursuant to Section 66-3-14 NMSA 1978 or the marker or tag assigned by the division for the identification of a registered vehicle, except that for the purposes of Sections 66-3-1, 66-3-1.3, 66-3-2.2, 66-3-2.11, 66-3-24, 66-3-27, 66-3-805 and 66-6-3 NMSA 1978 and Chapter 66, Article 8 NMSA 1978, "registration plate" means any plate or validating sticker issued pursuant to Section 66-3-14 NMSA 1978 or the marker or tag assigned by the division for the identification of the registered vehicle;

          J. "residence district" means the territory contiguous to and including a highway not comprising a business district when the property on the highway for a distance of three hundred feet or more is in the main improved with residences or residences and buildings in use for business;

          K. "revocation" means that the driver's license and privilege to drive a motor vehicle on the public highways are terminated and shall not be renewed or restored, except that an application for a new license may be presented and acted upon by the division after the expiration of at least one year after date of revocation;

          L. "right of way" means the privilege of the immediate use of the roadway;

          M. "road tractor" means every motor vehicle designed and used for drawing other vehicles and not so constructed as to carry any significant load thereon, either independently or as any part of the weight of a vehicle or load so drawn; and

          N. "roadway" means that portion of a street or highway improved, designed or ordinarily used for vehicular travel, exclusive of the berm or shoulder, and in the event a highway includes two or more separate roadways, the term "roadway" refers to any such roadway separately but not to all such roadways collectively."

     Section 2. Section 66-3-14 NMSA 1978 (being Laws 1978, Chapter 35, Section 34, as amended) is amended to read:

     "66-3-14. REGISTRATION PLATES OR VALIDATING STICKERS TO BE FURNISHED BY DEPARTMENT--REFLECTIVE MATERIAL.--

          A. The department upon registering a vehicle shall issue [a] two identical registration [plate] plates or [a] validating [sticker] stickers to the owner of the vehicle, except that for the purposes of Sections 66-3-1, 66-3-1.3, 66-3-2.2, 66-3-2.11, 66-3-24, 66-3-27, 66-3-805 and 66-6-3 NMSA 1978, the department shall issue a single registration plate or validating sticker to the owner of the vehicle. [The] Validating [sticker] stickers may be designed and required to be placed on [the] registration [plate] plates or elsewhere on [the vehicle] vehicles as prescribed by the department.

          B. Each registration plate shall have a background of reflective material such that the registration number assigned to the vehicle is plainly legible from a distance of one hundred feet at night. The colors shall include those of the state flag, except prestige and special plates.

          C. Each registration plate shall have displayed upon it:

                (1) the registration number assigned to the person to whom it was issued; and

                (2) the name of this state.

          D. The department shall issue no registration plates for privately owned vehicles that contain the words "staff officer" or any other title except as otherwise provided by law.

          E. All registration plates for private vehicles shall be alike in form except for the owner's registration number and except for special registration plates.

          F. The department shall adopt registration number systems for registration plates.

          [F.] G. In lieu of or in addition to [a] registration [plate] plates or [sticker] validating stickers for commercial motor vehicles, the department may issue an electronic identifying device."

     Section 3. Section 66-3-18 NMSA 1978 (being Laws 1978, Chapter 35, Section 38, as amended) is amended to read:

     "66-3-18. DISPLAY OF REGISTRATION PLATES AND TEMPORARY PERMITS AND PLATES--DISPLAYS PROHIBITED AND ALLOWED.--

          A. [The] One of the two identical registration [plate] plates issued pursuant to Section 66-3-14 NMSA 1978 shall be attached to the front and the other, together with the single plate or sticker issued pursuant to Section 66-3-14 NMSA 1978 for the purposes of Sections 66-3-1, 66-3-1.3, 66-3-2.2, 66-3-2.11, 66-3-24, 66-3-27, 66-3-805 and 66-6-3 NMSA 1978, shall be attached to the rear of the vehicle for which [it is] they are issued. [however, the registration plate shall be attached to the front of a road tractor or truck tractor. The] A registration plate shall be securely fastened at all times in a fixed horizontal position at a height of not less than twelve inches from the ground, measuring from the bottom of the plate. It shall be in a place and position so as to be clearly visible, and it shall be maintained free from foreign material and in a condition to be clearly legible.

          B. Temporary demonstration plates and temporary permits shall be firmly affixed to the inside left rear window of the vehicle to which it is issued, unless such display presents a safety hazard or the temporary permit is not visible or readable from that position, in which case, the temporary permit shall be displayed in such a manner that it is clearly visible from the rear or left side of the vehicle.

          C. No vehicle while being operated on the highways of this state shall have displayed either on the front or the rear of the vehicle any registration plate, including tab or sticker, other than one issued or validated for the current registration period by the department or any other licensing authority having jurisdiction over the vehicle. [No expired registration plate, tab or sticker shall be displayed on the vehicle other than an expired special registration plate, which may be exhibited on the front of the vehicle.

          D. Nothing contained in this section shall be construed as prohibiting the use of a promotional or advertising plate on the front of the vehicle.]"

     Section 4. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2007.

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