HOUSE BILL 391

54th legislature - STATE OF NEW MEXICO - first session, 2019

INTRODUCED BY

Cathrynn N. Brown and Kelly K. Fajardo and Patricio Ruiloba

AN ACT

RELATING TO MOTOR VEHICLES; REQUIRING THE ACCEPTANCE AS EVIDENCE OF FINANCIAL RESPONSIBILITY THAT EVIDENCE DISPLAYED ON A SOFTWARE APPLICATION ON A MOBILE COMMUNICATION DEVICE.

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--ELECTRONIC EVIDENCE-- PENALTIES.--

          A. No owner shall 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 person shall 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 the person is specifically exempted from the provisions of the Mandatory Financial Responsibility Act.

          C. To demonstrate to a law enforcement officer evidence of financial responsibility, a person may display, and the officer shall accept, that evidence using a software application on a mobile communication device. By doing so, the person does not consent to the access of other content accessible through the device, but does assume all liability for any resulting damage to the device. When viewing the device for evidence of financial responsibility, the officer shall not intentionally view any other content accessible through the device. The department shall establish rules related to the requirement that law enforcement officers accept as evidence of financial responsibility that evidence displayed on a software application on a mobile communication device.

          [C.] D. 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.

          [D.] E. 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.] F. Any person who violates the provisions of this section is guilty of a misdemeanor as provided in Section

66-8-7 NMSA 1978.

          [F.] G. A person charged with violating the provisions of this section shall not be convicted if the person produces, in court, evidence of financial responsibility valid at the time of issuance of the citation."

     SECTION 2. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2019.

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