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AN ACT

RELATING TO MOTOR VEHICLE REGISTRATION; ADDRESSING ISSUES OF

TITLE AND REGISTRATION OF VEHICLES OWNED BY 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 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;

DECLARING AN EMERGENCY.

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) 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, trailer,

semitrailer and pole trailer when driven or moved upon a

highway 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;

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(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) any implement of husbandry that is only

incidentally operated or moved upon a highway;

(4) any special mobile equipment;

(5) any vehicle that is propelled

exclusively by electric power obtained from overhead trolley

wires though not operated upon rails;

(6) freight trailers if they are:

(a) properly registered in another

state;

(b) identified by a proper base

registration plate that is properly displayed; and

documents that are in the possession of the operator and

exhibited at the request of a police officer;

(7) freight trailers or utility trailers

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) farmers and ranchers who transport

to market only the produce, animals or fowl produced by them

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or who transport back to their farms and ranches supplies for

use thereon; or

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; and

(8) any such vehicle moved on a highway by a

towing service as defined in Section 59A-50-2 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. Every manufactured home shall be subject to the

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registration and certificate of title provisions of the Motor

Vehicle Code, and each manufactured home shall at all times

bear a current registration plate."

Section 2. Section 66-3-4 NMSA 1978 (being Laws 1978,

Chapter 35, Section 24, as amended) is amended to read:

"66-3-4. APPLICATION FOR REGISTRATION AND CERTIFICATE

OF TITLE--NONREPAIRABLE VEHICLE CERTIFICATE.--

A. Except for a vehicle owned by 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, every owner of a

vehicle of a type required to be registered in this state

shall make application to the division for the registration

and issuance of a certificate of title for the vehicle.

Applications shall be upon the appropriate forms furnished by

the division and shall bear the signature of the owner

written with pen and ink. All applications presented to the

division shall contain:

(1) for a vehicle other than a recreational

vehicle, the name, bona fide New Mexico residence address and

mail address of the owner or, if the owner is a firm,

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association or corporation, the name, bona fide New Mexico

business address and mail address of the firm, association or

corporation and for a recreational vehicle, the name, bona

fide residence address and mail address of the owner and

proof of delivery in New Mexico;

(2) a description of the vehicle including,

to the extent that the following specified data may exist

with respect to a given vehicle, the make, model, type of

body, number of cylinders, type of fuel used, serial number

of the vehicle, odometer reading, engine or other

identification number provided by the manufacturer of the

vehicle, whether new or used and, if a vehicle not previously

registered, date of sale by the manufacturer or dealer to the

person intending to operate the vehicle. In the event a

vehicle is designed, constructed, converted or rebuilt for

the transportation of property, the application shall include

a statement of its rated capacity as established by the

manufacturer of the chassis or the complete vehicle;

(3) a statement of the applicant's title and

of all liens or encumbrances upon the vehicle and the names

and addresses of all persons having an interest in the

vehicle, the nature of each interest and the name and address

of the person to whom the certificate of title shall be

delivered by the division;

(4) if the vehicle required to be registered

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is a house trailer, as defined in the Motor Vehicle Code, a

certificate from the treasurer or assessor of the county in

which the house trailer is located showing that either:

(a) all property taxes due or to become

due on the house trailer for the current tax year or any past

tax years have been paid; or

(b) no liability for property taxes on

the house trailer exists for the current year or any past tax

years; and

(5) further information as may reasonably be

required by the division to enable it to determine whether

the vehicle is lawfully entitled to registration and the

owner entitled to a certificate of title.

B. The owner of a vehicle subject to registration

that has never been registered in this state and that has

been registered in another state shall have the vehicle

examined and inspected for its identification number or

engine number by the division or an officer or a designated

agent of the division incident to securing registration,

reregistration or a certificate of title from the division.

C. When an application refers to a vehicle not

previously registered and the vehicle is purchased from a

dealer licensed in this state or a dealer licensed or

recognized as such in any other state, territory or

possession of the United States, the application shall be

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accompanied by a manufacturer's certificate of origin duly

assigned by the dealer to the purchaser. In the event that a

vehicle not previously registered is sold by the manufacturer

to a dealer in a state not requiring a manufacturer's

certificate of origin and in the event that the vehicle is

subsequently purchased by a dealer or any person in this

state, the application for title shall be accompanied by the

evidence of title accepted by the state in which the vehicle

was sold by the manufacturer to a dealer in that state

together with evidence of subsequent transfers.

D. Prior to the sale or disposal of a

nonrepairable vehicle, the owner, owner's agent or salvage

pool shall obtain a properly endorsed nonrepairable vehicle

certificate from the department and deliver it to the

purchaser within twenty days after payment in full for the

nonrepairable vehicle and shall also comply with Section

66-3-10.1 NMSA 1978. The department shall accept the

endorsed nonrepairable vehicle certificate in lieu of the

certificate of ownership or other evidence of ownership when

accompanied by an application and other documents and fees as

may be required by the department. A vehicle for which a

nonrepairable vehicle certificate has been issued shall not

be titled or registered for use on the highways of this

state.

E. If an insurance company makes a total loss

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settlement on a nonrepairable vehicle and takes possession of

that vehicle, either itself or through an agent or salvage

pool, the insurance company or an authorized agent of the

insurance company shall:

(1) stamp the face of the title or

manufacturer's certificate of origin with the word

"NONREPAIRABLE", in letters no less than one-half inch high,

at an angle of approximately forty-five degrees to the text

of the title or manufacturer's certificate of origin; and

(2) within twenty days after receipt of

title by the insurer, free and clear of all liens, submit a

copy of the branded title or manufacturer's certificate of

title to the department together with documents explaining

the reason for branding, and shall forward a properly

endorsed certificate of title or manufacturer's certificate

of origin or other evidence of ownership acceptable to the

department together with the proper fee to the department.

The department, upon receipt of the title or manufacturer's

certificate of origin or other evidence of ownership, shall

issue a nonrepairable vehicle certificate for the vehicle.

F. If an owner of a nonrepairable vehicle elects

to retain possession of the vehicle, the insurance company

shall notify the department of the retention on a form

prescribed by the department. The insurance company shall

also notify the insured or owner of the insured's or owner's

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responsibility to comply with this section. The owner shall,

within twenty days from the date of settlement of the loss,

forward a properly endorsed certificate of title or

manufacturer's certificate of origin or other evidence of

ownership acceptable to the department together with the

proper fee to the department. The department, upon receipt

of the title or manufacturer's certificate of origin or other

evidence of ownership, shall issue a nonrepairable vehicle

certificate for the vehicle.

G. If a nonrepairable vehicle is not the subject

of an insurance settlement, the owner shall, within twenty

days from the date of the loss, forward a properly endorsed

certificate of title or manufacturer's certificate of origin

or other evidence of ownership acceptable to the department

together with the proper fee to the department. The

department, upon receipt of the title or manufacturer's

certificate of origin or other evidence of ownership, shall

issue a nonrepairable vehicle certificate for the vehicle.

H. The department shall not issue a new

registration card and certificate of ownership pursuant to

Subsection A, B or C of this section on a vehicle that has

been issued a nonrepairable vehicle certificate pursuant to

Subsections E, F and G of this section."

Section 3. EMERGENCY.--It is necessary for the public

peace, health and safety that this act take effect

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immediately.