0001| HOUSE BILL 265 | 0002| 43RD LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION, 1998 | 0003| INTRODUCED BY | 0004| LARRY A. LARRANAGA | 0005| | 0006| | 0007| | 0008| | 0009| | 0010| AN ACT | 0011| RELATING TO MOTOR VEHICLES; CHANGING PROVISIONS ON MANDATORY | 0012| FINANCIAL RESPONSIBILITY; AMENDING, REPEALING AND ENACTING | 0013| SECTIONS OF THE NMSA 1978. | 0014| | 0015| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0016| Section 1. Section 66-1-4.3 NMSA 1978 (being Laws 1990, | 0017| Chapter 120, Section 4) is amended to read: | 0018| "66-1-4.3. DEFINITIONS.--As used in the Motor Vehicle | 0019| Code: | 0020| A. "camping body" means a vehicle body primarily | 0021| designed or converted for use as temporary living quarters for | 0022| recreational, camping or travel activities; | 0023| B. "camping trailer" means a camping body that | 0024| exceeds neither eight feet in width nor forty feet in length, | 0025| mounted on a chassis, or frame with wheels, designed to be | - 1 - 0001| drawn by another vehicle and that has collapsible partial side | 0002| walls that fold for towing and unfold at the campsite; | 0003| C. "cancellation" means that a driver's license is | 0004| annulled and terminated because of some error or defect or | 0005| because the licensee is no longer entitled to the license, but | 0006| cancellation of a license is without prejudice, and | 0007| application for a new license may be made at any time after | 0008| cancellation; | 0009| D. "casual sale" means the sale of a motor vehicle | 0010| by the registered owner of the vehicle if the owner has not | 0011| sold more than four vehicles in that calendar year; | 0012| ~[E. "certified motor vehicle liability policy" | 0013| means an owner's policy or a driver's policy of liability | 0014| insurance to or for the benefit of the person named therein as | 0015| insured, certified as provided in the Motor Vehicle Code and | 0016| meeting the requirements of the Motor Vehicle Code as evidence | 0017| of financial responsibility and issued by an insurance carrier | 0018| duly authorized to transact business in New Mexico; | 0019| F.]~ |E.| "chassis" means the complete motor | 0020| vehicle, including standard factory equipment, exclusive of | 0021| the body and cab; | 0022| ~[G.]~ |F.| "collector" means a person who is the | 0023| owner of one or more vehicles of historic or special interest | 0024| who collects, purchases, acquires, trades or disposes of these | 0025| vehicles or parts thereof for the person's own use in order to | - 2 - 0001| preserve, restore and maintain a similar vehicle for hobby | 0002| purposes; | 0003| ~[H.]~ |G.| "combination" means any connected | 0004| assemblage of a motor vehicle and one or more semitrailers, | 0005| trailers or semitrailers converted to trailers by means of a | 0006| converter gear; | 0007| ~[I.]~ |H.| "combination gross vehicle weight" | 0008| means the sum total of the gross vehicle weights of all units | 0009| of a combination; | 0010| ~[J.]~ |I.| "commerce" means the transportation of | 0011| persons, property or merchandise for hire, compensation, | 0012| profit or in the furtherance of a commercial enterprise in | 0013| this state or between New Mexico and a place outside New | 0014| Mexico, including a place outside the United States; | 0015| ~[K.]~ |J.| "commercial motor vehicle" means a | 0016| motor vehicle used in commerce: | 0017| (1) if the vehicle has a declared gross | 0018| vehicle weight rating of twenty-six thousand one or more | 0019| pounds; | 0020| (2) if the vehicle is designed to transport | 0021| sixteen or more passengers, including the driver; or | 0022| (3) if the vehicle is transporting hazardous | 0023| materials and is required to be placarded pursuant to | 0024| applicable law; | 0025| ~[L.]~ |K.| "controlled-access highway" means | - 3 - 0001| every highway, street or roadway in respect to which owners or | 0002| occupants of abutting lands and other persons have no legal | 0003| right of access to or from the highway, street or roadway | 0004| except at those points only and in the manner as may be | 0005| determined by the public authority having jurisdiction over | 0006| the highway, street or roadway; | 0007| ~[M.]~ |L.| "controlled substance" means any | 0008| substance defined in Section 30-31-2 NMSA 1978 as a controlled | 0009| substance; | 0010| ~[N.]~ |M.| "converter gear" means any assemblage | 0011| of one or more axles with a fifth wheel mounted thereon, | 0012| designed for use in a combination to support the front end of | 0013| a semitrailer but not permanently attached thereto. A | 0014| converter gear shall not be considered a vehicle, as that term | 0015| is defined in Section 66-1-4.19 NMSA 1978, but weight | 0016| attributable thereto shall be included in declared gross | 0017| weight; | 0018| ~[O.]~ |N.| "conviction" means the alleged | 0019| violator has entered a plea of guilty or nolo contendere or | 0020| |has| been found guilty in the trial court and has waived or | 0021| exhausted all rights to an appeal; | 0022| ~[P.]~ |O.| "crosswalk" means: | 0023| (1) that part of a roadway at an intersection | 0024| included within the connections of the lateral lines of the | 0025| sidewalks on opposite sides of the highway measured from the | - 4 - 0001| curbs or, in the absence of curbs, from the edges of the | 0002| traversable roadway; and | 0003| (2) any portion of a roadway at an | 0004| intersection or elsewhere distinctly indicated for pedestrian | 0005| crossing by lines or other markings on the surface; and | 0006| ~[Q.]~ |P.| "curb cut" means a short ramp through | 0007| a curb or built up to the curb." | 0008| Section 2. Section 66-1-4.6 NMSA 1978 (being Laws 1990, | 0009| Chapter 120, Section 7) is amended to read: | 0010| "66-1-4.6. DEFINITIONS.--As used in the Motor Vehicle | 0011| Code: | 0012| A. "farm tractor" means every motor vehicle | 0013| designed and used primarily as a farm implement for drawing | 0014| plows, mowing machines and other implements of husbandry; | 0015| B. "financial responsibility" means the ability to | 0016| respond in damages for liability resulting from traffic | 0017| accidents arising out of the ownership, maintenance or use of | 0018| a motor vehicle of a type subject to registration under the | 0019| laws of New Mexico, in ~[the]~ amounts not less than ~[that]~ | 0020| specified in the Mandatory Financial Responsibility Act ~[the | 0021| term]~ |or having in effect a motor vehicle insurance policy. | 0022| "Financial responsibility"| includes a motor vehicle | 0023| ~[liability policy, a certified motor vehicle liability]~ | 0024| |insurance| policy, a surety bond or evidence of a sufficient | 0025| cash deposit with the state treasurer; | - 5 - 0001| C. "first offender" means a person who for the | 0002| first time under state or federal law or municipal ordinance | 0003| has been adjudicated guilty of the charge of driving a motor | 0004| vehicle while under the influence of intoxicating liquor or | 0005| any other drug that renders the person incapable of safely | 0006| driving a motor vehicle, regardless of whether the person's | 0007| sentence was suspended or deferred; | 0008| D. "flammable liquid" means any liquid that has a | 0009| flash point of seventy degrees fahrenheit or less, as | 0010| determined by a tagliabue or equivalent closed-cup test | 0011| device; | 0012| E. "foreign jurisdiction" means any jurisdiction | 0013| other than a state of the United States or the District of | 0014| Columbia; | 0015| F. "foreign vehicle" means every vehicle of a type | 0016| required to be registered under the provisions of the Motor | 0017| Vehicle Code brought into this state from another state, | 0018| territory or country; and | 0019| G. "freight trailer" means any trailer, | 0020| semitrailer or pole trailer drawn by a truck tractor or road | 0021| tractor, and any trailer, semitrailer or pole trailer drawn by | 0022| a truck that has a gross vehicle weight of more than twenty- | 0023| six thousand pounds, but ~[the term]~ |"freight trailer"| does | 0024| not include manufactured homes, trailers of less than one-ton | 0025| carrying capacity used to transport animals or fertilizer | - 6 - 0001| trailers of less than three thousand five hundred pounds empty | 0002| weight." | 0003| Section 3. Section 66-1-4.11 NMSA 1978 (being Laws 1990, | 0004| Chapter 120, Section 12) is amended to read: | 0005| "66-1-4.11. DEFINITIONS.--As used in the Motor Vehicle | 0006| Code: | 0007| A. "mail" means any item properly addressed with | 0008| postage prepaid delivered by the United States postal service | 0009| or any other public or private enterprise primarily engaged in | 0010| the transport and delivery of letters, packages and other | 0011| parcels; | 0012| B. "manufactured home" means a ~[moveable]~ | 0013| |movable| or portable housing structure that exceeds either a | 0014| width of eight feet or a length of forty feet, constructed to | 0015| be towed on its own chassis and designed to be installed with | 0016| or without a permanent foundation for human occupancy; | 0017| C. "manufacturer" means every person engaged in | 0018| the business of constructing or assembling vehicles of a type | 0019| required to be registered under the Motor Vehicle Code; | 0020| D. "manufacturer's certificate of origin" means a | 0021| certification, on a form supplied by or approved by the | 0022| ~[division]~ |department|, signed by the manufacturer that the | 0023| new vehicle described therein has been transferred to the New | 0024| Mexico dealer or distributor named therein or to a dealer duly | 0025| licensed or recognized as such in another state, territory or | - 7 - 0001| possession of the United States and that such transfer is the | 0002| first transfer of the vehicle in ordinary trade and commerce; | 0003| every such certificate shall contain space for proper | 0004| reassignment to a New Mexico dealer or to a dealer duly | 0005| licensed or recognized as such in another state, territory or | 0006| possession of the United States, and the certificate shall | 0007| contain a description of the vehicle, the number of cylinders, | 0008| type of body, engine number and the serial number or other | 0009| standard identification number provided by the manufacturer of | 0010| the vehicle; | 0011| E. "metal tire" means every tire of which the | 0012| surface in contact with the highway is wholly or partly of | 0013| metal or other hard nonresilient material, except that a snow | 0014| tire with metal studs designed to increase traction on ice or | 0015| snow is not considered a metal tire; | 0016| F. "moped" means a two-wheeled or three-wheeled | 0017| vehicle with an automatic transmission and a motor having a | 0018| piston displacement of less than fifty cubic centimeters, that | 0019| is capable of propelling the vehicle at a maximum speed of not | 0020| more than thirty miles an hour on level ground, at sea level; | 0021| G. "motorcycle" means every motor vehicle having a | 0022| seat or saddle for the use of the rider and designed to travel | 0023| on not more than three wheels in contact with the ground, | 0024| excluding a tractor; | 0025| H. "motor home" means a camping body built on a | - 8 - 0001| self-propelled motor vehicle chassis so designed that seating | 0002| for driver and passengers is within the body itself; | 0003| I. "motor vehicle" means every vehicle that is | 0004| self-propelled and every vehicle that is propelled by electric | 0005| power obtained from batteries or from overhead trolley wires, | 0006| but not operated upon rails; but for the purposes of the | 0007| Mandatory Financial Responsibility Act, "motor vehicle" does | 0008| not include "special mobile equipment"; and | 0009| J. "motor vehicle ~[liability]~ |insurance| | 0010| policy" means ~[an owner's policy or a driver's policy of | 0011| liability insurance, providing limits of coverage not less | 0012| than the dollar amounts set forth in the Mandatory Financial | 0013| Responsibility Act as evidence of financial responsibility, | 0014| and issued by an insurance carrier duly authorized to transact | 0015| business in New Mexico]~ |that term as defined in the New | 0016| Mexico Insurance Code|." | 0017| Section 4. Section 66-5-201.1 NMSA 1978 (being Laws | 0018| 1983, Chapter 318, Section 2) is amended to read: | 0019| "66-5-201.1. PURPOSE.--The legislature is aware that | 0020| motor vehicle accidents in ~[the state of]~ New Mexico can | 0021| result in catastrophic financial hardship. The purpose of the | 0022| Mandatory Financial Responsibility Act is to require ~[and | 0023| encourage]~ residents of ~[the state of]~ New Mexico who own | 0024| and operate motor vehicles upon the highways of the state | 0025| |either| to have the ability to respond in damages to | - 9 - 0001| accidents arising out of the use and operation of a motor | 0002| vehicle ~[it is the intent that the risks and financial | 0003| burdens of motor vehicle accidents be equitably distributed | 0004| among all owners and operators of motor vehicles within the | 0005| state]~ |or to obtain a motor vehicle insurance policy|." | 0006| Section 5. Section 66-5-205 NMSA 1978 (being Laws 1983, | 0007| Chapter 318, Section 6, as amended) is amended to read: | 0008| "66-5-205. VEHICLE MUST BE INSURED OR OWNER MUST HAVE | 0009| EVIDENCE OF FINANCIAL RESPONSIBILITY--PENALTIES.-- | 0010| A. No owner shall permit the operation of an | 0011| uninsured motor vehicle, or a motor vehicle for which evidence | 0012| of financial responsibility as was affirmed to the | 0013| ~[division]~ |department| is not currently valid, upon the | 0014| streets or highways of New Mexico unless the vehicle is | 0015| specifically exempted from the provisions of the Mandatory | 0016| Financial Responsibility Act. | 0017| B. No person shall drive an uninsured motor | 0018| vehicle, or a motor vehicle for which evidence of financial | 0019| responsibility as was affirmed to the ~[division]~ | 0020| |department| is not currently valid, upon the streets or | 0021| highways of New Mexico unless he is specifically exempted from | 0022| the provisions of the Mandatory Financial Responsibility Act. | 0023| C. For the purposes of the Mandatory Financial | 0024| Responsibility Act, "uninsured motor vehicle" means a motor | 0025| vehicle for which a motor vehicle ~[liability policy or a | - 10 - 0001| certified motor vehicle liability]~ |insurance| policy meeting | 0002| the requirements of the laws of New Mexico and of the | 0003| ~[director]~ |secretary| is not in effect. | 0004| D. The provisions of the Mandatory Financial | 0005| Responsibility Act requiring the deposit of evidence of | 0006| financial responsibility as provided in Section 66-5-218 NMSA | 0007| 1978, subject to certain exemptions, may apply with respect to | 0008| persons who have been convicted of or forfeited bail for | 0009| certain offenses under motor vehicle laws or who have failed | 0010| to pay judgments or written settlement agreements upon causes | 0011| of action arising out of ownership, maintenance or use of | 0012| vehicles of a type subject to registration under the laws of | 0013| New Mexico. | 0014| E. Any person who violates the provisions of this | 0015| section is guilty of a misdemeanor and upon conviction shall | 0016| be sentenced to a fine not to exceed three hundred dollars | 0017| ($300)." | 0018| Section 6. Section 66-5-205.1 NMSA 1978 (being Laws | 0019| 1989, Chapter 214, Section 1) is amended to read: | 0020| "66-5-205.1. UNINSURED MOTORIST CITATION--REQUIREMENTS | 0021| TO BE FOLLOWED AT TIME OF ACCIDENT--SUBSEQUENT PROCEDURES.-- | 0022| A. When a law enforcement officer issues a driver | 0023| who is involved in an accident a citation for failure to | 0024| comply with the provisions of the Mandatory Financial | 0025| Responsibility Act, the law enforcement officer shall | - 11 - 0001| personally at the same time: | 0002| (1) issue to the driver cited a temporary | 0003| operation sticker, valid for thirty days after the date the | 0004| sticker is issued, and forward by mail or delivery to the | 0005| ~[division]~ |department| a duplicate of the issued sticker; | 0006| and | 0007| (2) remove the license plate from the vehicle | 0008| and send it with the duplicate of the sticker to the | 0009| ~[division]~ |department| or, if it cannot be removed, | 0010| permanently deface the plate. | 0011| B. The ~[division]~ |department| shall return or | 0012| replace, in its discretion, a license plate removed under the | 0013| provisions of Paragraph (2) of Subsection A of this section or | 0014| replace a license plate defaced under that paragraph when the | 0015| person cited for failure to comply with the provisions of the | 0016| Mandatory Financial Responsibility Act furnishes proof of | 0017| compliance to the ~[division]~ |department| and pays to the | 0018| division a reinstatement fee of twenty-five dollars ($25.00). | 0019| If a person to whom the temporary operation sticker is issued | 0020| furnishes to the ~[division]~ |department| within fifteen days | 0021| after the issuance of the sticker evidence of financial | 0022| responsibility in compliance with the Mandatory Financial | 0023| Responsibility Act and in effect on the date and at the time | 0024| of the issuance of the sticker, the ~[division]~ |department| | 0025| shall replace or return the license plate and waive the | - 12 - 0001| twenty-five dollar ($25.00) reinstatement fee. | 0002| C. The ~[director]~ |secretary| shall adopt and | 0003| promulgate regulations prescribing the form and use of the | 0004| sticker required to be issued under Subsection A of this | 0005| section. | 0006| D. The ~[director]~ |secretary| may adopt and | 0007| promulgate regulations requiring insurance carriers who | 0008| terminate or cancel any motor vehicle ~[liability policy or | 0009| certified motor vehicle liability]~ |insurance| policy to | 0010| report monthly each cancellation or termination to the | 0011| ~[division]~ |department|. Information pertaining to each | 0012| motor vehicle shall be made a part of that vehicle file for | 0013| one year. Notification of termination or cancellation made | 0014| under such a regulation is not grounds for revocation of the | 0015| motor vehicle registration." | 0016| Section 7. Section 66-5-206 NMSA 1978 (being Laws 1983, | 0017| Chapter 318, Section 7) is amended to read: | 0018| "66-5-206. REGISTRATION WITHOUT INSURANCE OR EVIDENCE OF | 0019| FINANCIAL RESPONSIBILITY PROHIBITED--SUSPENSION REQUIRED.-- | 0020| A. The ~[division]~ |department| shall not issue or | 0021| renew the registration for any motor vehicle not covered by a | 0022| motor vehicle ~[liability policy or a certified motor vehicle | 0023| liability]~ |insurance| policy or by evidence of financial | 0024| responsibility currently valid meeting the requirements of the | 0025| laws of New Mexico and of the ~[director]~ |secretary|, unless | - 13 - 0001| specifically exempted from the Mandatory Financial | 0002| Responsibility Act. | 0003| B. Upon a showing by its records or other sufficient | 0004| evidence that the required insurance or evidence of financial | 0005| responsibility has not been provided or maintained for a motor | 0006| vehicle, the ~[division]~ |department| shall suspend its | 0007| registration of the motor vehicle." | 0008| Section 8. Section 66-5-207 NMSA 1978 (being Laws 1983, | 0009| Chapter 318, Section 8, as amended) is amended to read: | 0010| "66-5-207. EXEMPT MOTOR VEHICLES.--The following motor | 0011| vehicles are exempt from the Mandatory Financial | 0012| Responsibility Act: | 0013| A. a motor vehicle owned by the United States | 0014| government, any state or any political subdivision of a state; | 0015| B. an implement of husbandry or special mobile | 0016| equipment ~[which]~ |that| is only incidentally operated on a | 0017| highway; | 0018| C. a motor vehicle operated upon a highway only for | 0019| the purpose of crossing such highway from one property to | 0020| another; | 0021| D. a commercial motor vehicle registered or | 0022| proportionally registered in this and any other jurisdiction, | 0023| provided such motor vehicle is covered by a motor vehicle | 0024| ~[liability policy or certified motor vehicle liability]~ | 0025| |insurance| policy or |equivalent coverage or| other form of | - 14 - 0001| financial responsibility in compliance with the laws of any | 0002| other jurisdiction in which it is registered; | 0003| E. a motor vehicle approved as self-insured by the | 0004| superintendent of insurance pursuant to Section 66-5-207.1 | 0005| NMSA 1978; and | 0006| F. any motor vehicle when the owner has submitted to | 0007| the ~[division]~ |department| a signed statement, in ~[such]~ | 0008| |the| form ~[as may be]~ prescribed by the ~[division]~ | 0009| |department|, declaring that the vehicle will not be operated | 0010| on the highways of New Mexico and explaining the reasons | 0011| therefor." | 0012| Section 9. Section 66-5-218 NMSA 1978 (being Laws 1978, | 0013| Chapter 35, Section 302, as amended) is amended to read: | 0014| "66-5-218. ALTERNATE METHODS OF GIVING EVIDENCE.-- | 0015| Evidence of financial responsibility, when required under the | 0016| Mandatory Financial Responsibility Act, may be given by | 0017| filing: | 0018| A. evidence of a motor vehicle ~[liability]~ | 0019| |insurance| policy; | 0020| ~[B. evidence of a certified motor vehicle liability | 0021| policy as provided in Section 66-5-219 NMSA 1978; | 0022| C.]~ |B.| a surety bond as provided in Section 66-5- | 0023| 225 NMSA 1978; or | 0024| ~[D.]~ |C.| a certificate of deposit of money as | 0025| provided in Section 66-5-226 NMSA 1978." | - 15 - 0001| Section 10. Section 66-5-220 NMSA 1978 (being Laws 1955, | 0002| Chapter 182, Section 323, as amended) is amended to read: | 0003| "66-5-220. DEFAULT BY NONRESIDENT INSURER.--If any | 0004| insurance carrier not authorized to transact business in New | 0005| Mexico ~[which]~ |that| has qualified to furnish evidence of | 0006| financial responsibility defaults in any undertakings or | 0007| agreements, the ~[division]~ |department| shall not thereafter | 0008| accept ~[as]~ evidence ~[any certificate]~ of |financial | 0009| responsibility of| that carrier, whether previously filed or | 0010| thereafter tendered as evidence, so long as the default | 0011| continues." | 0012| Section 11. Section 66-5-222 NMSA 1978 (being Laws 1977, | 0013| Chapter 61, Section 2) is amended to read: | 0014| "66-5-222. ~[DRIVERS]~ |DRIVER| EXCLUSION ENDORSEMENT | 0015| FORM.--|Any motor vehicle insurance policy may be endorsed to | 0016| exclude a named driver from coverage. The endorsement shall | 0017| be signed by at least one named insured. Endorsements shall | 0018| be substantially similar to the following form:| | 0019| "~[DRIVERS]~ |DRIVER| EXCLUSION ENDORSEMENT | 0020| Nothing herein contained shall be held to alter, | 0021| vary, waive or extend any of the terms, conditions, | 0022| agreements or limits of the undermentioned policy | 0023| other than as stated herein below. | 0024| Effective--12:01 a.m., standard time. Attached | 0025| to and forming part of Policy No._______________ | - 16 - 0001| issued to ______________________________________ | 0002| (name of insured) | 0003| by ____________________________________________. | 0004| (insert name of insurance company) | 0005| In consideration of the premium for which the | 0006| policy is written, it is agreed that the company | 0007| shall not be liable and no liability or obligation of | 0008| any kind shall be attached to the company for losses | 0009| or damages sustained after the effective date of this | 0010| endorsement while any motor vehicle insured | 0011| hereinunder is driven or operated by | 0012| ________________________________________________. | 0013| (name of excluded driver(s)) | 0014| Date:____________________ Name insured(s) | 0015| ___________________________ | 0016| (signature) | 0017| ____________________________"." | 0018| (signature) | 0019| Section 12. Section 66-5-228 NMSA 1978 (being Laws 1978, | 0020| Chapter 35, Section 316, as amended) is amended to read: | 0021| "66-5-228. SUBSTITUTION OF EVIDENCE.--The ~[division]~ | 0022| |department| shall consent to the cancellation of any bond | 0023| ~[or certified motor vehicle liability policy]~ or the | 0024| ~[division]~ |department| shall direct and the state treasurer | 0025| shall return any money to the person entitled thereto upon the | - 17 - 0001| substitution and acceptance of any other adequate evidence of | 0002| financial responsibility as set forth in ~[Subsection B, C or | 0003| D of]~ Section 66-5-218 NMSA 1978." | 0004| Section 13. Section 66-5-229 NMSA 1978 (being Laws 1978, | 0005| Chapter 35, Section 318, as amended) is amended to read: | 0006| "66-5-229. DURATION OF EVIDENCE--WHEN ~[PROOF MAY BE | 0007| CANCELED OR RETURNED]~ |FILING OF EVIDENCE MAY BE WAIVED|.-- | 0008| A. The ~[division]~ |department| shall, upon | 0009| request, consent to the immediate cancellation of any bond or | 0010| ~[certified motor vehicle liability policy or]~ the | 0011| ~[division]~ |department| shall direct and the state treasurer | 0012| shall return to the person entitled thereto any money | 0013| deposited pursuant to the Mandatory Financial Responsibility | 0014| Act as evidence of financial responsibility or the | 0015| ~[division]~ |department| shall waive the requirement of | 0016| filing evidence |of financial responsibility| in any of the | 0017| following events: | 0018| (1) after one year of providing satisfactory | 0019| evidence as ~[required]~ |specified| in ~[Subsection B, C or D | 0020| of]~ Section 66-5-218 NMSA 1978 ~[and upon the deposit with | 0021| the division of evidence of financial responsibility as set | 0022| forth in Subsection A of that section]~; | 0023| (2) ~[in the event of]~ the death of the person | 0024| on whose behalf evidence was filed or the permanent incapacity | 0025| of the person to operate a motor vehicle; or | - 18 - 0001| (3) ~[in the event]~ the person who has | 0002| ~[given]~ |filed| evidence surrenders his license and | 0003| registration to the ~[division]~ |department|. | 0004| B. Provided, however, that the ~[division]~ | 0005| |department| shall not consent to the cancellation of any bond | 0006| or the return of any money |or waive the requirement of filing | 0007| evidence of financial responsibility| in the event any action | 0008| for damages upon a liability covered by the evidence is then | 0009| pending or any judgment upon any such liability is then | 0010| unsatisfied or in the event the person who has filed the bond | 0011| or deposited the money has, within one year immediately | 0012| preceding the request, been involved as a driver or owner in | 0013| any motor vehicle accident resulting in injury or damage to | 0014| the person or property of others. An affidavit of the | 0015| applicant as to the nonexistence of such facts or that he has | 0016| been released from all of his liability or has been finally | 0017| adjudicated not to be liable for such injury or damage shall | 0018| be sufficient evidence thereof in the absence of evidence to | 0019| the contrary in the records of the ~[division]~ |department|. | 0020| C. Every owner or operator of a vehicle subject to | 0021| the requirements of the Mandatory Financial Responsibility Act | 0022| shall carry evidence of financial responsibility as defined by | 0023| that act in the vehicle at all times while the vehicle is in | 0024| operation on the highways of this state. The failure to | 0025| comply with this subsection shall be a misdemeanor and shall | - 19 - 0001| be punishable by the penalty set forth in Section 66-8-7 NMSA | 0002| 1978; provided that no person charged with violating this | 0003| section shall be convicted if he produces in court evidence of | 0004| financial responsibility valid at the time of issuance of the | 0005| citation." | 0006| Section 14. Section 66-5-232 NMSA 1978 (being Laws 1983, | 0007| Chapter 318, Section 31) is amended to read: | 0008| "66-5-232. SAMPLING--LETTER TO OWNER.-- | 0009| A. The ~[division]~ |department|, at various times | 0010| as it considers necessary or appropriate to assure compliance | 0011| with the Mandatory Financial Responsibility Act, shall select | 0012| for financial responsibility affirmation an appropriate sample | 0013| number of the motor vehicles registered in New Mexico. The | 0014| ~[division]~ |department| is authorized to emphasize, in | 0015| accordance with rules adopted by the ~[division]~ | 0016| |department|, for affirmation of financial responsibility, | 0017| individuals whose affirmations of financial responsibility | 0018| have previously been found to be incorrect. | 0019| B. When a motor vehicle is selected for financial | 0020| responsibility affirmation under Subsection A of this section, | 0021| the ~[division]~ |department| shall mail an affirmation form | 0022| to the registered owner of the motor vehicle notifying him | 0023| that his motor vehicle has been selected for financial | 0024| responsibility affirmation and requiring him to respond and to | 0025| affirm, by at least one signature shown on the affirmation | - 20 - 0001| form, the existence of evidence satisfying the financial | 0002| responsibility requirements of the Mandatory Financial | 0003| Responsibility Act for the motor vehicle. | 0004| C. Failure by an owner to return the affirmation of | 0005| financial responsibility to the ~[division]~ |department| | 0006| within fifteen days after mailing by the ~[division]~ | 0007| |department| or a determination by the ~[division]~ | 0008| |department| that an affirmation is not accurate constitutes | 0009| reasonable grounds under Section 66-5-235 NMSA 1978 to believe | 0010| that a person is operating a motor vehicle in violation of | 0011| Section 66-5-205 NMSA 1978 or has falsely affirmed the | 0012| existence of means of satisfying the financial responsibility | 0013| requirements of the Mandatory Financial Responsibility Act. | 0014| D. The ~[division]~ |department| may investigate all | 0015| affirmations required by the Mandatory Financial | 0016| Responsibility Act returned to the ~[division]~ |department|. | 0017| If the owner affirms the existence of a motor vehicle | 0018| ~[liability policy or certified motor vehicle liability]~ | 0019| |insurance| policy covering the motor vehicle, the | 0020| ~[division]~ |department| may forward the affirmation to the | 0021| listed insurer to determine whether the affirmation is | 0022| correct. An insurer shall mail notification to the | 0023| ~[division]~ |department| within twenty working days of | 0024| receipt of the affirmation inquiry in the event the | 0025| affirmation is not correct. The notification shall be prima | - 21 - 0001| facie evidence of failure to satisfy the financial | 0002| responsibility requirements of the Mandatory Financial | 0003| Responsibility Act. The ~[division]~ |department| may | 0004| determine the correctness of affirmation of other means of | 0005| satisfying the financial responsibility requirements of that | 0006| act for the motor vehicle. | 0007| E. The ~[division]~ |department| may use accident | 0008| reports as basic material for the construction of its sampling | 0009| procedure. | 0010| F. No civil liability shall accrue to the insurer or | 0011| any of its employees for reports made to the ~[division]~ | 0012| |department| under this section when the reports are made in | 0013| good faith based on the most recent information available to | 0014| the insurer. | 0015| G. The affirmation form used when sampling shall | 0016| require the report of the name of the company issuing the | 0017| policy, the policy number or any other information that | 0018| identifies the policy." | 0019| Section 15. Section 66-5-233 NMSA 1978 (being Laws 1983, | 0020| Chapter 318, Section 32) is amended to read: | 0021| "66-5-233. AFFIRMATION FORM.--The affirmation of | 0022| financial responsibility required under Sections 66-5-208, | 0023| 66-5-225 and 66-5-226 NMSA 1978 shall be in a form prescribed | 0024| by the ~[division]~ |department| and shall require an | 0025| applicant to provide such information as may be required by | - 22 - 0001| the ~[division]~ |department|. If a person affirms the | 0002| existence of a motor vehicle ~[liability policy or certified | 0003| motor vehicle liability]~ |insurance| policy, the affirmation | 0004| form shall require him to report at least the name of the | 0005| insurer issuing the policy and the policy number." | 0006| Section 16. Section 66-5-234 NMSA 1978 (being Laws 1983, | 0007| Chapter 318, Section 33) is amended to read: | 0008| "66-5-234. REGISTRATION--APPLICATION AND RENEWAL.-- | 0009| A. The ~[division]~ |department| shall indicate in | 0010| boldface print on every new application form for registration | 0011| and every registration form that the owner of the motor | 0012| vehicle affirms that he is financially responsible within the | 0013| meaning of the Mandatory Financial Responsibility Act. The | 0014| payment of the registration fee and acceptance by the | 0015| ~[division]~ |department| of the application for registration | 0016| shall be affirmation by the owner of the registered vehicle | 0017| that he has complied with the requirements of that act. | 0018| B. The ~[division]~ |department| shall not renew the | 0019| registration of a motor vehicle unless the owner of the motor | 0020| vehicle affirms the existence of a motor vehicle ~[liability | 0021| policy or certified motor vehicle liability]~ |insurance| | 0022| policy covering the motor vehicle or the existence of some | 0023| other means of satisfying the financial responsibility | 0024| requirements of the Mandatory Financial Responsibility Act for | 0025| the motor vehicle." | - 23 - 0001| Section 17. Section 66-5-235 NMSA 1978 (being Laws 1983, | 0002| Chapter 318, Section 34, as amended) is amended to read: | 0003| "66-5-235. FALSE AFFIRMATION--VIOLATION.--When the | 0004| ~[division]~ |department| has reasonable grounds to believe | 0005| that a person is operating a motor vehicle in violation of | 0006| Section 66-5-205 NMSA 1978 or has falsely affirmed the | 0007| existence of a motor vehicle ~[liability policy, a certified | 0008| motor vehicle liability]~ |insurance| policy or the existence | 0009| of some other means of satisfying the financial responsibility | 0010| requirements of the Mandatory Financial Responsibility Act, | 0011| the ~[division]~ |department| shall demand satisfactory | 0012| evidence from the person that the person meets the | 0013| requirements of that act as provided in Section 66-5-233 NMSA | 0014| 1978. If the person cannot provide evidence of financial | 0015| responsibility within twenty days after receipt of the | 0016| ~[division's]~ |department's| demand for satisfactory proof of | 0017| financial responsibility, the ~[division may notify the | 0018| district attorney of the county in which the person resides of | 0019| the division's belief that violations of the Mandatory | 0020| Financial Responsibility Act were or are being committed by | 0021| that person]~ |department shall suspend the person's | 0022| registration as provided in Section 66-5-236 NMSA 1978|." | 0023| Section 18. Section 66-5-236 NMSA 1978 (being Laws 1983, | 0024| Chapter 318, Section 35) is amended to read: | 0025| "66-5-236. SUSPENSION FOR NONPAYMENT OF JUDGMENT OR FOR | - 24 - 0001| FALSE AFFIRMATION.-- | 0002| A. Except as otherwise provided, the ~[director]~ | 0003| |secretary| shall suspend: | 0004| (1) the motor vehicle registration for all motor | 0005| vehicles and the driver's license of any person against whom a | 0006| judgment has been rendered, the ~[division]~ |department| | 0007| being in receipt of a certified copy of the judgment on a form | 0008| provided by the ~[division]~ |department|; or | 0009| (2) the registration for a period not to exceed | 0010| one year of a person who is operating a motor vehicle in | 0011| violation of Section 66-5-205 NMSA 1978 or falsely affirms the | 0012| existence of a motor vehicle ~[liability policy, a certified | 0013| motor vehicle liability]~ |insurance| policy or some other | 0014| means of satisfying the financial responsibility requirements | 0015| of the Mandatory Financial Responsibility Act, but only if | 0016| evidence of financial responsibility is not submitted within | 0017| ~[thirty]~ |twenty| days after the date of the mailing of the | 0018| ~[division's]~ |department's| demand therefor ~[under Section | 0019| 66-5-232 NMSA 1978]~. The ~[division]~ |department| shall | 0020| notify the person that he may request a hearing within twenty | 0021| days after the date of the mailing of the ~[division's]~ | 0022| |department's| demand as provided under this subsection. | 0023| B. ~[That]~ |The| registration shall remain ~[so]~ | 0024| suspended and shall not be renewed, nor shall any registration | 0025| be issued thereafter in the name of that person, unless and | - 25 - 0001| until every judgment is stayed, satisfied in full or to the | 0002| extent provided in the Mandatory Financial Responsibility Act | 0003| and evidence of financial responsibility as required in | 0004| Section 66-5-218 NMSA 1978 is provided to the ~[division]~ | 0005| |department|." | 0006| Section 19. A new Section 59A-7-7.1 NMSA 1978 is enacted | 0007| to read: | 0008| "59A-7-7.1. [|NEW MATERIAL|] "MOTOR VEHICLE INSURANCE | 0009| POLICY" DEFINED.--"Motor vehicle insurance policy" means a | 0010| policy of vehicle insurance that covers self-propelled | 0011| vehicles of a kind required to be registered under New Mexico | 0012| law for use on public streets and highways. A "motor vehicle | 0013| insurance policy": | 0014| A. shall include: | 0015| (1) motor vehicle bodily injury and property | 0016| damage liability coverages in compliance with the Mandatory | 0017| Financial Responsibility Act; and | 0018| (2) uninsured motorist coverage, subject to the | 0019| provisions of Section 66-5-301 NMSA 1978 permitting the | 0020| insured to reject such coverage; and | 0021| B. may include: | 0022| (1) physical damage coverage; | 0023| (2) medical payments coverage; and | 0024| (3) other coverages that the insured and the | 0025| insurer agree to include within the policy." | - 26 - 0001| Section 20. REPEAL.--Sections 66-5-219, 66-5-221 and | 0002| 66-5-223 NMSA 1978 (being Laws 1955, Chapter 182, Section 321 | 0003| and Laws 1978, Chapter 35, Sections 306 and 308, as amended) | 0004| are repealed. | 0005|  |