SENATE BILL 108

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

INTRODUCED BY

John M. Sapien

AN ACT

RELATING TO MOTOR VEHICLES; ALLOWING FOR THE CARRYING OF ELECTRONIC EVIDENCE OF FINANCIAL RESPONSIBILITY UNDER THE MANDATORY FINANCIAL RESPONSIBILITY ACT.

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

     SECTION 1. Section 66-5-229 NMSA 1978 (being Laws 1978, Chapter 35, Section 318, as amended) is amended to read:

     "66-5-229. DURATION OF EVIDENCE--WHEN FILING OF EVIDENCE

MAY BE WAIVED.--

          A. Except as provided in Subsection B of this section, the department shall, upon request, consent to the immediate cancellation of any bond or the department shall direct and the state treasurer shall return to the person entitled [thereto] to it any money deposited pursuant to the Mandatory Financial Responsibility Act as evidence of financial responsibility or the department shall waive the requirement of filing evidence of financial responsibility in any of the following events:

                (1) after one year of providing satisfactory evidence as specified in Section 66-5-218 NMSA 1978;

                (2) the death of the person on whose behalf evidence was filed or the permanent incapacity of the person to operate a motor vehicle; or

                (3) the person who has filed evidence surrenders [his] the person's license and registration to the department.

          B. [Provided, however, that] The department shall not consent to the cancellation of any bond or the return of any money or waive the requirement of filing evidence of financial responsibility in the event any action for damages upon a liability covered by the evidence is then pending or any judgment upon any such liability is then unsatisfied or in the event the person who has filed the bond or deposited the money has, within one year immediately preceding the request, been involved as a driver or owner in any motor vehicle accident resulting in injury or damage to the person or property of others. An affidavit of the applicant as to the nonexistence of such facts or that [he] the applicant has been released from all of [his] the applicant's liability or has been finally adjudicated not to be liable for such injury or damage shall be sufficient evidence thereof in the absence of evidence to the contrary in the records of the department.

          C. [Every] An owner or operator of a vehicle subject to [the requirements of] the Mandatory Financial Responsibility Act shall carry evidence of financial responsibility as defined by that act in the vehicle at all times while the vehicle is in operation on the highways of this state. When that financial responsibility is satisfied through coverage under a motor vehicle insurance policy, the owner's or operator's carrying of evidence in print or accessible through a portable electronic device is acceptable. The failure to comply with this subsection [shall be] is a misdemeanor [and shall be] punishable [by the penalty] as set forth in Section 66-8-7 NMSA 1978 [provided that no] unless the person charged with violating this [section shall be convicted if he] subsection produces in court evidence of financial responsibility valid at the time of issuance of the citation."

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