SENATE BILL 35
51st legislature - STATE OF NEW MEXICO - first session, 2013
INTRODUCED BY
Richard C. Martinez
ENDORSED BY THE COURTS, CORRECTIONS AND JUSTICE COMMITTEE
AN ACT
RELATING TO MOTOR VEHICLES; PROVIDING THAT A PERSON CITED FOR NO VEHICLE REGISTRATION, INSURANCE OR DRIVER'S LICENSE SHALL NOT BE CONVICTED IF THE PERSON PRODUCES EVIDENCE OF COMPLIANCE IN COURT; RECONCILING MULTIPLE AMENDMENTS TO THE SAME SECTION OF LAW IN LAWS 2007.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 66-3-1 NMSA 1978 (being Laws 1978, Chapter 35, Section 21, as amended by Laws 2007, Chapter 319, Section 13 and by Laws 2007, Chapter 320, Section 1) is amended to read:
"66-3-1. VEHICLES SUBJECT TO REGISTRATION--
EXCEPTIONS.--
A. With the exception of vehicles identified in Subsection B of this section, every motor vehicle, manufactured home, trailer, semitrailer and pole trailer when driven or moved upon a highway and every off-highway motor vehicle is subject to the registration and certificate of title provisions of the Motor Vehicle Code except:
(1) any such vehicle driven or moved upon a highway in conformance with the provisions of the Motor Vehicle Code relating to manufacturers, dealers, lien-holders or nonresidents;
(2) any such vehicle that is driven or moved upon a highway only for the purpose of crossing the highway from one property to another;
(3) an implement of husbandry that is only incidentally operated or moved upon a highway;
(4) special mobile equipment;
(5) a vehicle that is propelled exclusively by electric power obtained from overhead trolley wires though not operated upon rails;
(6) a freight trailer if it is:
(a) properly registered in another state;
(b) identified by a proper base registration plate that is properly displayed; and
(c) identified by other registration documents that are in the possession of the operator and exhibited at the request of a police officer;
(7) a freight trailer or utility trailer owned and used by:
(a) a nonresident solely for the transportation of farm products purchased by the nonresident from growers or producers of the farm products and transported in the trailer out of the state;
(b) a farmer or a rancher who transports to market only the produce, animals or fowl produced by that farmer or rancher or who transports back to the farm or ranch supplies for use thereon; or
(c) a person who transports animals to and from fairs, rodeos or other places, except racetracks, where the animals are exhibited or otherwise take part in performances, in trailers drawn by a motor vehicle or truck of less than ten thousand pounds gross vehicle weight rating bearing a proper registration plate, but in no case shall the owner of an unregistered trailer described in this paragraph perform such uses for hire;
(8) a moped;
(9) an electric personal assistive mobility device;
(10) a vehicle moved on a highway by a towing service as defined in Section 59A-50-2 NMSA 1978; and
(11) an off-highway motor vehicle exempted pursuant to Section 66-3-1005 NMSA 1978.
B. A certificate of title required pursuant to Subsection A of this section is not required for a vehicle of a type subject to registration owned by:
(1) the government of the United States; or
(2) a carrier that is from a jurisdiction that is not a participant in the International Fuel Tax Agreement, that is authorized by the United States government or an agency of the United States government to conduct cross-border operations beyond the commercial border zone pursuant to the provisions of the North American Free Trade Agreement and that identifies New Mexico as the carrier's base jurisdiction.
C. A person who violates the provisions of this section is guilty of a misdemeanor as provided in Section
66-8-7 NMSA 1978. A person charged with violating this section shall not be convicted if the person produces, in court, evidence of compliance valid at the time of issuance of the citation."
SECTION 2. Section 66-3-13 NMSA 1978 (being Laws 1978, Chapter 35, Section 33) is amended to read:
"66-3-13. EVIDENCE OF REGISTRATION TO BE SIGNED AND EXHIBITED ON DEMAND.--
A. Every owner, upon receipt of registration evidence, shall write [his] that owner's signature thereon in a space provided. Every such registration evidence or duplicate [thereof] of registration evidence validated by the division shall be exhibited upon demand of any police officer.
B. A person charged with violating the provisions of this section shall not be convicted if the person produces, in court, evidence of a signed registration valid at the time of issuance of the citation."
SECTION 3. Section 66-5-2 NMSA 1978 (being Laws 1978, Chapter 35, Section 224, as amended) is amended to read:
"66-5-2. DRIVERS MUST BE LICENSED.--
A. Except those expressly exempted from the Motor Vehicle Code, no person shall drive any motor vehicle, neighborhood electric car or moped upon a highway in this state unless the person:
(1) holds a valid license issued under the provisions of the Motor Vehicle Code; and
(2) has surrendered to the division any other license previously issued to the person by this state or by another state or country or has filed an affidavit with the division that the person does not possess such other license; however, the applicant need not surrender a motorcycle license duly obtained under Paragraph [(3)] (4) of Subsection A of Section 66-5-5 NMSA 1978.
B. Any person licensed under the provisions of the Motor Vehicle Code or expressly exempted from licensure may exercise the privilege granted upon all streets and highways in this state and shall not be required to obtain any other license to exercise the privilege by any county, municipality or any other local body having authority to adopt local police regulations.
C. A person charged with violating the provisions of this section shall not be convicted if the person produces, in court, a driver's license issued to the person that was valid at the time of the person's arrest."
SECTION 4. Section 66-5-205 NMSA 1978 (being Laws 1983, Chapter 318, Section 6, as amended) is amended to read:
"66-5-205. VEHICLE MUST BE INSURED OR OWNER MUST HAVE EVIDENCE OF FINANCIAL RESPONSIBILITY--PENALTIES.--
A. No owner shall permit the operation of an uninsured motor vehicle, or a motor vehicle for which evidence of financial responsibility as was affirmed to the department is not currently valid, upon the streets or highways of New Mexico unless the vehicle is specifically exempted from the provisions of the Mandatory Financial Responsibility Act.
B. No person shall drive an uninsured motor vehicle, or a motor vehicle for which evidence of financial responsibility as was affirmed to the department is not currently valid, upon the streets or highways of New Mexico unless [he] the person is specifically exempted from the provisions of the Mandatory Financial Responsibility Act.
C. For the purposes of the Mandatory Financial Responsibility Act, "uninsured motor vehicle" means a motor vehicle for which a motor vehicle insurance policy meeting the requirements of the laws of New Mexico and of the secretary, or a surety bond or evidence of a sufficient cash deposit with the state treasurer, is not in effect [or a surety bond or evidence of a sufficient cash deposit with the state treasurer].
D. The provisions of the Mandatory Financial Responsibility Act requiring the deposit of evidence of financial responsibility as provided in Section 66-5-218 NMSA 1978, subject to certain exemptions, may apply with respect to persons who have been convicted of or forfeited bail for certain offenses under motor vehicle laws or who have failed to pay judgments or written settlement agreements upon causes of action arising out of ownership, maintenance or use of vehicles of a type subject to registration under the laws of New Mexico.
E. Any person who violates the provisions of this section is guilty of a misdemeanor [and upon conviction shall be sentenced to a fine not to exceed three hundred dollars ($300)] as provided in Section 66-8-7 NMSA 1978.
F. A person charged with violating the provisions of this section shall not be convicted if the person produces, in court, evidence of financial responsibility valid at the time of issuance of the citation."
SECTION 5. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2013.
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