HOUSE JUDICIARY COMMITTEE SUBSTITUTE FOR

HOUSE BILL 238

47th legislature - STATE OF NEW MEXICO - first session, 2005

AN ACT

RELATING TO MOTOR VEHICLES; PROVIDING AN EXEMPTION TO THE MANDATORY FINANCIAL RESPONSIBILITY ACT FOR A DRIVER OF AN UNINSURED MOTOR VEHICLE WHO TRANSPORTS A PERSON UNDER THE INFLUENCE OF INTOXICATING LIQUOR OR DRUGS.

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

     Section 1. 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] An owner shall not 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] A person shall not 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 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. A sober person, who drives a vehicle not owned or regularly furnished or available to the sober driver, may safely transport another person who is under the influence of intoxicating liquor, drugs or any other substance that to any degree impairs the intoxicated person's ability to drive a vehicle on any roadway surface. For the limited activity of safely driving an intoxicated person, the sober driver shall be exempt from any provisions of the Mandatory Financial Responsibility Act related to the uninsured status of the vehicle.

          [E. Any] F. A 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)."

- 3 -