44TH LEGISLATURE - STATE OF NEW MEXICO - FIRST SESSION, 1999

RELATING TO DRIVER'S LICENSES; PROVIDING FOR SUSPENSION OF A PERSON'S DRIVER'S LICENSE IF THE LICENSEE WITHDRAWS FROM SCHOOL; AMENDING AND ENACTING SECTIONS OF THE NMSA 1978.

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

Section 1. A new section of the Compulsory School Attendance Law is enacted to read:

"[NEW MATERIAL] SCHOOL ATTENDANCE AS CONDITION OF LICENSING FOR OPERATION OF A MOTOR VEHICLE.--

A. As used in this section, "withdrawal" means more than ten consecutive or fifteen days total unexcused absences during a single semester except as provided in Subsection A of Section 22-12-2 NMSA 1978. For the purposes of this section, "withdrawal" includes unexcused absences due to suspension or expulsion from school or imprisonment in a jail or penitentiary.

B. The motor vehicle division of the taxation and revenue department shall deny a license or instruction permit for the operation of a motor vehicle to any person under the age of eighteen who does not at the time of application present a diploma or other certificate of graduation issued to the person from a high school of this state or any other state, or documentation provided on a form approved by the state department of public education indicating that the person is:

(1) enrolled and making satisfactory progress in a course leading to a general educational development certificate from a state-approved or tribal-approved institution or organization, or has obtained that certificate;

(2) enrolled in a secondary school or home school of this state or any other state;

(3) excused from school pursuant to Subsection A of Section 22-12-2 NMSA 1978; or

(4) absent from school due to a personal or family hardship.

C. The certified school administrator of a public school, the chief administrator of a public school or the chief administrator of a private school, a home school or a state institution shall provide documentation of enrollment status on a form approved by the department of education upon request to a student under the age of eighteen who is properly enrolled in a school under the jurisdiction of the certified school administrator or the chief administrator for presentation to the motor vehicle division of the taxation and revenue department on application for or reinstatement of an instruction permit or license to operate a motor vehicle.

D. Whenever a student under the age of eighteen withdraws from school, except as provided in Subsection A of Section 22-12-2 NMSA 1978 or for reasons related to personal or family hardship, the certified school administrator or the chief administrator shall notify the licensee that his license shall be suspended pursuant to the provisions of Subsection C of Section 66-5-30 NMSA 1978. The licensee or the parent or guardian of the licensee shall have fifteen calendar days from the receipt of notice of pending license suspension to request a hearing with the certified school administrator or chief administrator, as applicable, for the purpose of appealing. The hearing shall be conducted within thirty calendar days after the certified school administrator or chief administrator, as applicable, receives the request. If the licensee or the parent or guardian of the licensee does not request a hearing or if the appeal is unsuccessful, the certified school administrator or chief administrator, as applicable, shall immediately notify the motor vehicle division of the taxation and revenue department, and the department shall suspend the licensee's driver's license." Section 2. Section 66-5-5 NMSA 1978 (being Laws 1978, Chapter 35, Section 227, as amended) is amended to read:

"66-5-5. PERSONS NOT TO BE LICENSED.--The [division] department shall not issue a driver's license under the Motor Vehicle Code to any person:

A. who is under the age of sixteen years, except the [division] department may, in its discretion, issue:

(1) a restricted instruction permit or a restricted license to students fourteen years of age or over, enrolled in and attending a driver-education course that includes a DWI education and prevention component approved by the bureau or offered by a public school;

(2) a license to any person fifteen years of age or older who has satisfactorily completed a driver-education course that is approved by the bureau or offered by a public school and that includes both a DWI education and prevention component and practice driving; and

(3) to any person thirteen years of age or older who passes an examination prescribed by the [division] department, a license restricted to the operation of a motorcycle, provided:

(a) the motor is not in excess of one hundred cubic centimeters displacement;

(b) no holder of an initial license may carry any other passenger while driving a motorcycle; and

(c) the director approves and certifies motorcycles as not in excess of one hundred cubic centimeters displacement and by regulation provides for a method of identification of such motorcycles by all law enforcement officers;

B. whose license or driving privilege has been suspended or denied, during the period of suspension or denial, or to any person whose license has been revoked, except as provided in Section 66-5-32 NMSA 1978;

C. who is an habitual drunkard, an habitual user of narcotic drugs or an habitual user of any drug to a degree which renders him incapable of safely driving a motor vehicle;

D. who, within any ten-year period, is three times convicted of driving a motor vehicle while under the influence of intoxicating liquor or narcotic drug regardless of whether the convictions are under the laws or ordinances of this state or any municipality or county of this state or under the laws or ordinances of any other state, the District of Columbia or any governmental subdivision thereof. Ten years after being so convicted for the third time, the person may apply to any district court of this state for restoration of the license, and the court, upon good cause being shown, may order restoration of the license applied for; provided that the person has not been subsequently convicted of driving a motor vehicle while under the influence of intoxicating liquor or drug in the ten-year period prior to his request for restoration of his license. Upon issuance of the order of restoration, a certified copy shall immediately be forwarded to the [division] department, and if the person is otherwise qualified for the license applied for, the three previous convictions shall not prohibit issuance of the license applied for. Should the person be subsequently once convicted of driving a motor vehicle while under the influence of intoxicating liquor or drug, the [division] department shall revoke his license for five years, after which time he may apply for restoration of his license as provided in this subsection;

E. who has previously been afflicted with or who is suffering from any mental disability or disease which would render him unable to drive a motor vehicle with safety upon the highways and who has not, at the time of application, been restored to health;

F. who is required by the Motor Vehicle Code to take an examination, unless he has successfully passed the examination;

G. who is required under the laws of this state to deposit proof of financial responsibility and who has not deposited the proof;

H. when the director has good cause to believe that the operation of a motor vehicle on the highways by the person would be inimical to public safety or welfare; [or]

I. as a motorcycle driver who is less than eighteen years of age and who has not presented a certificate or other evidence of having successfully completed a motorcycle driver-education program licensed or offered in conformance with regulations of the bureau; or

J. who is under the age of eighteen and who does not at the time of application present a diploma or other certificate of graduation issued to the person from a high school of this state or any other state, or documentation that the person is:

(1) enrolled and making satisfactory progress in a course leading to a general educational development certificate from a state-approved or tribal-approved institution or organization, or has obtained such certificate;

(2) enrolled in a secondary school or home school of this state or any other state;

(3) excused from school pursuant to Subsection A of Section 22-12-2 NMSA 1978; or

(4) absent from school due to a personal or family hardship."

Section 3. Section 66-5-30 NMSA 1978 (being Laws 1978, Chapter 35, Section 252, as amended) is amended to read:

"66-5-30. AUTHORITY OF [DIVISION] DEPARTMENT TO SUSPEND OR REVOKE LICENSE.--

A. The [division] department is authorized to suspend the license of a driver without preliminary hearing upon a showing by its records or other sufficient evidence that the licensee:

(1) has been convicted of an offense for which mandatory revocation of license is required upon conviction;

(2) has been convicted as a driver in any accident resulting in the death or personal injury of another or serious property damage;

(3) has been convicted with such frequency of offenses against traffic laws or regulations governing motor vehicles as to indicate a disrespect for traffic laws and a disregard for the safety of other persons on the highways;

(4) is an habitually reckless or negligent driver of a motor vehicle;

(5) is incompetent to drive a motor vehicle;

(6) has permitted an unlawful or fraudulent use of the license;

(7) has been convicted of an offense in another state which if committed in this state would be grounds for suspension or revocation;

(8) has violated provisions stipulated by a district court in limitation of certain driving privileges;

(9) has failed to fulfill a signed promise to appear or notice to appear in court as evidenced by notice from a court, whenever appearance is required by law or by the court as a consequence of any charge or conviction under the Motor Vehicle Code;

(10) has failed to pay a penalty assessment within thirty days of the date of issuance; or

(11) has accumulated seven points, but less than eleven points, and when the [division] department has received a recommendation from a municipal or magistrate judge that the [licensee] license be suspended for a period not to exceed three months.

B. Upon suspending the license of any person as authorized in this section, the [division] department shall immediately notify the licensee in writing and upon his request shall afford him an opportunity for a hearing as early as practicable within not to exceed twenty days, not counting Saturdays, Sundays and legal holidays, after receipt of the request in the county wherein the licensee resides unless the [division] department and the licensee agree that the hearing may be held in some other county; provided that the hearing request is received within twenty days from the date that the suspension was deposited in the United States mail. The director may, in his discretion, extend the twenty-day period. Upon the hearing, the director or his duly authorized agent may administer oaths and may issue subpoenas for the attendance of witnesses and the production of relevant books and papers and may require a reexamination of the licensee. Upon the hearing, the [division] department shall either rescind its order of suspension or, good cause appearing therefor, may continue, modify or extend the suspension of the license or revoke the license.

C. The department is authorized to suspend the license of a licensee under the age of eighteen without a hearing whenever:

(1) the licensee withdraws from school as defined in the Compulsory School Attendance Law;

(2) the department receives from the certified school administrator or the chief administrator, as applicable, of the licensee's school, notification that the student has withdrawn from school for reasons other than personal or family hardship;

(3) the department within five days of receipt of the notice from the administrator, sends notice by certified mail, return receipt requested, to the licensee that his license shall be suspended; and

(4) the licensee's appeal of the pending license suspension action to the certified school administrator or chief administrator, as applicable, as provided in the Compulsory School Attendance Law, is unsuccessful."

Section 4. Section 66-5-35 NMSA 1978 (being Laws 1978, Chapter 35, Section 257, as amended) is amended to read:

"66-5-35. LIMITED DRIVING PRIVILEGE UPON SUSPENSION OR REVOCATION--HEARING--REVIEW.--

A. Upon suspension or revocation of a person's driver's license following conviction or adjudication as a delinquent under any law, ordinance or regulation relating to motor vehicles, a person may apply to the [director] department for a license or permit to drive, limited to use allowing him to engage in gainful employment, except that no person shall be eligible to apply [for a limited license when the person's license was revoked or suspended pursuant to]:

(1) for a limited license when the person's driver's license was revoked pursuant to the provisions of the Implied Consent Act, except as provided in Subsection B of this section; [or]

(2) for a limited license when the person's driver's license was revoked pursuant to an offense for which the person is a subsequent offender as defined in the Motor Vehicle Code; or

(3) for a limited license when the person's driver's license was suspended pursuant to the provisions of the Compulsory School Attendance Law because the person withdrew from school, unless the person provides the department with documented proof of gainful employment or self-employment and that the person needs a limited license to travel to and from his place of employment.

B. A person who has had his license revoked for the first time pursuant to the provisions of Paragraph (1) or (2) of Subsection C of Section 66-8-111 NMSA 1978 may apply for and shall receive a limited license or permit thirty days after suspension or revocation of his license if the person provides the [director] department with documentation of the following:

(1) that the person is enrolled in an approved DWI school and an approved alcohol screening program;

(2) proof of financial responsibility pursuant to the provisions of the Mandatory Financial Responsibility Act; and either

(3) proof of gainful employment or gainful self-employment and that the person needs a limited license to travel to and from his place of employment; or

(4) that the person is enrolled in school and needs a limited license to travel to and from school.

C. Upon receipt of the application, proof of financial responsibility for the future and a hearing as provided in Subsection D of this section, the [director] department shall issue a limited license or permit to the applicant showing the limitations specified in the approved application, provided that the applicant meets established uniform criteria for limited driving privileges adopted by regulation of the department. For each limited license or permit to drive, the applicant shall pay to the [division] department a fee of forty-five dollars ($45.00), which shall be transferred to the state highway and transportation department. All money collected under this subsection shall be used for DWI prevention and education programs for elementary and secondary school students. The state highway and transportation department shall coordinate with the department of health to ensure that there is no program duplication. The limited license or permit to drive may be suspended as provided in Section 66-5-30 NMSA 1978.

D. The [director] department, within twenty days of receipt of an application for a limited driver's license or permit pursuant to this section, shall afford the applicant a hearing in the county in which the applicant resides, unless the [division] department and the licensee agree that the hearing may be held in some other county. The [director may, in his discretion] department may extend the twenty-day period, provided that the extension is in writing and made no later than fifteen days after receipt of an application. Upon hearing, the [director or his duly authorized] hearing officer designated by the department may administer oaths and may issue subpoenas for the attendance of witnesses and the production of relevant books and papers. The [director] hearing officer shall make specific findings as to whether the applicant has shown proof of financial responsibility for the future and meets established uniform criteria for limited driving privileges adopted by regulation of the department. The [director] hearing officer shall enter an order either approving or denying the applicant's request for a limited license or permit to drive. If any of the specific findings set forth in this subsection are not found by the [director] hearing officer, the applicant's request for a limited license or permit shall not be approved.

E. A person adversely affected by an order of the [director] hearing officer may seek review within thirty days in the district court in the county in which he resides. The district court, upon thirty days' written notice to the [director] department, shall hear the case. On review, it is for the court to determine only whether the applicant met the requirements in this section for issuance of a limited license or permit to drive."

Section 5. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 1999.