HOUSE MEMORIAL 36

49th legislature - STATE OF NEW MEXICO - first session, 2009

INTRODUCED BY

Nathan P. Cote

A MEMORIAL

REQUESTING THE NEW MEXICO CONGRESSIONAL DELEGATION TO SUPPORT FEDERAL LEGISLATION CREATING A NATIONAL DATABASE OF MOTOR VEHICLE CLAIMS.

     WHEREAS, there are forty to fifty thousand motor vehicle accidents annually in New Mexico, and most motor vehicles that have been in accidents are repaired and continue in service on the roads; and

     WHEREAS, New Mexico law requires disclosure of any repair costs that exceed six percent of the sales price of a motor vehicle, thus protecting New Mexico consumers; and

     WHEREAS, many other states do not offer the protections of New Mexico law, and wrecked motor vehicles are rebuilt and resold without disclosure to wholesalers, retailers and consumers; and

     WHEREAS, these repaired motor vehicles then find their way into New Mexico without disclosures; and

     WHEREAS, the failure to disclose accidents and other alterations to motor vehicles results in unfair competition by unscrupulous persons; and

     WHEREAS, knowledge of prior accident repair will lead consumers to investigate more carefully the condition, safety and value of a used motor vehicle that they may purchase; and

     WHEREAS, the value of a motor vehicle that has been in an accident is less than that of a comparable motor vehicle that has not been in an accident; and

     WHEREAS, the information of a motor vehicle's accident and repair history is important to consumers seeking to buy a motor vehicle; and

     WHEREAS, existing private database reports, such as Carfax and Autocheck, fail to report information in a comprehensive and timely fashion, contain extensive disclaimers and charge a substantial fee; and

     WHEREAS, currently only twenty-five states participate by providing data to the national motor vehicle title information system, and, of those, only thirteen states currently make inquiries for information;

     NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF THE STATE OF NEW MEXICO that the New Mexico congressional delegation be requested to support federal legislation to supplement the national motor vehicle title information system and upgrade the national database, mandating the reporting of motor vehicle accidents that require repairs of seven hundred fifty dollars ($750) or more, thefts and insurance claims, and making that information readily available to all consumers free or for a nominal charge; and

     BE IT FURTHER RESOLVED that copies of this memorial be transmitted to the New Mexico congressional delegation.

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