46th legislature - STATE OF NEW MEXICO - first session, 2003

RELATING TO MOTOR VEHICLES; REVISING OFF-HIGHWAY MOTOR VEHICLE REQUIREMENTS; CREATING A FUND; AMENDING AND ENACTING SECTIONS OF THE NMSA 1978.

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

Section 1. Section 66-3-1001 NMSA 1978 (being Laws 1978, Chapter 35, Section 197, as amended) is amended to read:

"66-3-1001. SHORT TITLE.--Sections 66-3-1001 through [66-3-1016] 66-3-1018 NMSA 1978 may be cited as the "Off-Highway Motor Vehicle Act"."

Section 2. Section 66-3-1003 NMSA 1978 (being Laws 1978, Chapter 35, Section 199, as amended) is amended to read:

"66-3-1003. OFF-HIGHWAY MOTOR VEHICLES--REGISTRATION.--

A. Unless exempted from the provisions of the Off-Highway Motor Vehicle Act, no person shall operate a motor vehicle which is to be operated or used exclusively off the highways of this state unless the motor vehicle has been registered in accordance with the Off-Highway Motor Vehicle Act and the regulations of the division adopted pursuant to that act.

B. Application for registration and certificate of title shall be made as provided in [Subsections A through C of] Section 66-3-4 NMSA 1978. Upon receipt of an application for an original registration of the motor vehicle or for any certificate of title, the division shall make such examination of records and indexes as provided in Section 66-3-8 NMSA 1978, and registration indexes shall be kept and maintained for the motor vehicles in the manner provided in Section 66-3-9 NMSA 1978. The division shall issue evidence of registration and a certificate of title for the motor vehicles as provided in Section 66-3-10 NMSA 1978.

C. Upon receipt of the registration certificate, the owner of an off-highway motor vehicle shall affix the registration plate or validating sticker on the motor vehicle as prescribed by the regulations adopted by the division.

D. Out-of-state off-highway motor vehicles are exempt from the registration requirements of this section if they are used in an organized competition in an off-highway trail, track or recreation area that has received money from the off-highway motor vehicle fund. Out-of-state off-highway motor vehicles used in other off-highway trails, tracks or recreation areas shall be registered in another state or temporarily registered through the department.

E. Off-highway motor vehicles with an engine size less than one hundred cubic centimeters shall be issued a one-time registration at the time of title transfer with no requirement for renewal."

Section 3. Section 66-3-1004 NMSA 1978 (being Laws 1978, Chapter 35, Section 200, as amended) is amended to read:

"66-3-1004. REGISTRATION FEES.--

A. The fee for registration of an off-highway motor vehicle is fifteen dollars ($15.00) for each motor vehicle, and the registration shall be good for two years after the year in which the motor vehicle is registered. Each registration [must] shall be renewed every three years to be valid.

B. Upon a change of ownership, the new owner [must] shall make application and pay a registration fee of fifteen dollars ($15.00) in the same manner as provided by regulations of the division for original registration.

C. Duplicate certificates of registration shall be issued upon payment of a one dollar ($1.00) fee.

D. Fees collected under the provisions of this section shall be deposited in the off-highway motor vehicle fund."

Section 4. Section 66-3-1008 NMSA 1978 (being Laws 1978, Chapter 35, Section 204, as amended) is amended to read:

"66-3-1008. REGISTRATION PLATES TO BE FURNISHED BY DIVISION.--The division, upon registering a motor vehicle, shall issue to the owner registration plates or [validation] validating stickers as provided in Section 66-3-14 NMSA 1978."

Section 5. Section 66-3-1012 NMSA 1978 (being Laws 1978, Chapter 35, Section 208, as amended) is amended to read:

"66-3-1012. MOVEMENT OF OFF-HIGHWAY MOTOR VEHICLES ADJACENT TO HIGHWAY.--Off-highway motor vehicles issued a registration plate pursuant to Subsection C of Section

66-3-1003 NMSA 1978 may be [moved, by nonmechanical means only] driven adjacent to a highway, in a manner so as not to interfere with traffic upon the highway, yielding to all vehicles entering or existing the roadway, only for the purpose of gaining access to or returning from areas designed for the operation of off-highway motor vehicles when no other route is available."

Section 6. A new section of the Off-Highway Motor Vehicle Act, Section 66-3-1017 NMSA 1978, is enacted to read:

"66-3-1017. [NEW MATERIAL] SAFETY HELMET REQUIREMENT.--Off-highway motor vehicle operators under the age of eighteen shall wear a safety helmet as described in Section 66-7-356 NMSA 1978."

Section 7. A new section of the Off-Highway Motor Vehicle Act, Section 66-3-1018 NMSA 1978, is enacted to read:

"66-3-1018. [NEW MATERIAL] OFF-HIGHWAY MOTOR VEHICLE FUND.--

A. The "off-highway motor vehicle fund" is created in the state treasury and shall be administered by the division. The fund shall consist of money from fees collected pursuant to Section 66-3-1004 NMSA 1978. Earnings on investment of the fund shall be credited to the fund. Balances in the fund at the end of any fiscal year shall not revert and shall remain in the fund for the purposes authorized in this section.

B. Money in the fund shall be used to:

(1) provide off-highway motor vehicle safety training, responsible off-highway motor vehicle use, public awareness and promotion;

(2) maintain or improve off-highway riding trails, tracks or recreation areas and provide signs, designations and information for their use; and

(3) close off-highway riding trails, tracks or recreation areas if they pose an irreversible environmental damage, a danger to users or a public nuisance and clearly mark the closure and discourage off-highway travel through the creation of an impasse.

C. Off-highway riding trails, tracks or recreation areas created, maintained or improved by the fund shall be open to the general public.

D. The department shall restrict or prohibit funding of off-highway riding trails, tracks or recreation areas if the applicant for or recipient of funding does not make a good faith effort to ensure that off-highway motor vehicles are registered and that minors wear safety helmets when operating an off-highway motor vehicle."

Section 8. Section 66-6-22.1 NMSA 1978 (being Laws 1990, Chapter 120, Section 34, as amended) is amended to read:

"66-6-22.1. MOTOR VEHICLE SUSPENSE FUND CREATED--RECEIPTS--DISBURSEMENTS.--

A. There is created in the state treasury a fund to be known as the "motor vehicle suspense fund".

B. The fees collected under the provisions of Sections 66-1-1 through 66-6-19 NMSA 1978, except the Off-Highway Motor Vehicle Act, shall be paid to the state treasurer for the credit of the motor vehicle suspense fund not later than the close of the second business day after their receipt.

C. Money deposited to the credit of or disbursed from the motor vehicle suspense fund shall be accounted for as provided by law or rule of the secretary of finance and administration. Disbursements from the motor vehicle suspense fund shall be made by the department of finance and administration upon request and certification of their appropriateness by the secretary of finance and administration or the secretary's delegate.

D. The balance of the motor vehicle suspense fund is appropriated for the purpose of making refunds, distributions and other disbursements authorized or required by law to be made from the motor vehicle suspense fund, provided that no distribution shall be made to a municipality, county or fee agent operating a motor vehicle field office with respect to money collected and remitted to the department by that municipality, county or fee agent until the report of the municipality, county or fee agent is audited and accepted by the department."