0001|                         SENATE BILL 5
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0002|     42ND LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION,
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0003|     1996
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0004|                         INTRODUCED BY
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0005|                        TOM R. BENAVIDES
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0006|     
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0007|                                
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0008|     
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0009|     
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0010|     
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0011|                             AN ACT
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0012|     RELATING TO MOTOR VEHICLE LICENSURE; REQUIRING ADDITIONAL
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0013|     EXAMINATIONS AND TESTS FOR CERTAIN LICENSED DRIVERS OR
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0014|     APPLICANTS; REQUIRING CERTAIN DRIVERS TO ANNUALLY RENEW THEIR
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0015|     DRIVER'S LICENSES; AMENDING THE MOTOR VEHICLE CODE.
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0016|     
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0017|     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0018|       Section 1.  Section 66-5-7 NMSA 1978 (being Laws 1978,
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0019|     Chapter 35, Section 229, as amended) is amended to read:
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0020|       "66-5-7.  DRIVER'S LICENSE--CLASSIFICATION--
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0021|     EXAMINATIONS.--
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0022|            A.  The <s>[division]</s> <u>department</u>, upon issuing a
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0023|     driver's license, shall indicate on the license the type or
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0024|     general class of vehicles the licensee may drive.  The
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0025|     <s>[division]</s> <u>department</u> shall establish such qualifications,
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0001|     after public hearings, as it deems reasonably necessary for the
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0002|     safe operation of various types, sizes or combinations of
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0003|     vehicles and shall appropriately examine each applicant to
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0004|     determine his qualifications according to the type or general
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0005|     class of license for which he has applied.
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0006|            B.  The <s>[division]</s> <u>department</u>, in issuing the
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0007|     driver's license for certain types or general classes of
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0008|     vehicles, may waive any on-the-road examination for applicants
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0009|     except <u>for applicants who are age fifty-five or older and</u> as
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0010|     provided in Section 66-5-6 NMSA 1978.  The <s>[division]</s>
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0011|     <u>department</u> may certify certain employers, governmental
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0012|     agencies or other appropriate organizations to train and test
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0013|     all applicants for the type or general class of licenses if the
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0014|     training and testing meet the standards established by the
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0015|     <s>[director]</s> <u>secretary</u>."
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0016|       Section 2.  Section 66-5-14 NMSA 1978 (being Laws 1978,
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0017|     Chapter 35, Section 236, as amended) is amended to read:
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0018|       "66-5-14.  EXAMINATION OF APPLICANTS.--
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0019|            A.  The department shall examine every first-time
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0020|     applicant <u>and applicants who are age fifty-five or older</u> for a
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0021|     driver's license or a motorcycle endorsement and may examine
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0022|     other applicants for a driver's license or motorcycle
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0023|     endorsement.  The examination shall include a test of the
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0024|     applicant's ability to read and understand highway signs
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0025|     regulating, warning and directing traffic, the applicant's
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0001|     knowledge of the traffic laws of this state and an actual
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0002|     demonstration of ability to exercise ordinary and reasonable
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0003|     control in the operation of a motor vehicle except as provided
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0004|     in Section 66-5-7 NMSA 1978 and any further physical and mental
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0005|     examination as the department finds necessary to determine the
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0006|     applicant's fitness to operate a motor vehicle or motorcycle
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0007|     safely upon the highways. <u>Applicants who are age fifty-five or
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<u></u>0008| <u>    older shall annually take the above-mentioned tests, and the
</u>    |
<u></u>0009| <u>    department shall not waive any test to determine these
</u>    |
<u></u>0010| <u>    applicants' ability to operate a motor vehicle</u>.
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0011|            B.  Regardless of whether an applicant is examined
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0012|     under Subsection A of this section, the department shall test
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0013|     the eyesight of every applicant for a driver's license or
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0014|     motorcycle endorsement.
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0015|            C.  The department is authorized to contract with
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0016|     other persons for conduct of tests of the applicant's ability to
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0017|     exercise ordinary and reasonable control of a motor vehicle. 
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0018|     Any such contract may be terminated by the secretary upon
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0019|     written notice for failure of the contractor to perform his
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0020|     duties to the secretary's satisfaction.  Contracts under this
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0021|     subsection may provide for the form of notice and the length of
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0022|     the period, if any, between the notice and the effective date of
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0023|     the termination.
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0024|            D.  For purposes of this section, a "first-time
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0025|     applicant" means an applicant other than a person who:
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0001|                 (1)  holds a currently valid driver's license
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0002|     issued by New Mexico or any other jurisdiction at the time of
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0003|     application; or
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0004|                 (2)  does not hold a currently valid driver's
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0005|     license issued by New Mexico or any other jurisdiction at the
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0006|     time of application but who held a valid driver's license issued
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0007|     by New Mexico or any other jurisdiction within one year prior to
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0008|     the date of application if that driver's license was not revoked
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0009|     under any provision of the Motor Vehicle Code or suspended,
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0010|     canceled or revoked under the laws of any other jurisdiction for
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0011|     reasons similar to those for which revocation is authorized
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0012|     under the Motor Vehicle Code."
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0013|       Section 3.  Section 66-5-19 NMSA 1978 (being Laws 1978,
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0014|     Chapter 35, Section 241) is amended to read:
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0015|       "66-5-19.  RESTRICTED LICENSES.--
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0016|            A.  The <s>[division]</s> <u>department</u>, upon issuing a
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0017|     driver's license, <s>[shall have]</s> <u>has</u> authority, whenever good
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0018|     cause appears, to impose restrictions including the shortening
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0019|     of the licensure period suitable to the licensee's driving
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0020|     ability with respect to the type of or special mechanical
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0021|     control devices required on a motor vehicle which the licensee
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0022|     may operate or such other restrictions applicable to the
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0023|     licensee as the division may determine to be appropriate to
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0024|     assure the safe operation of a motor vehicle by the licensee. 
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0025|     At age <s>[seventy-five]</s> <u>fifty-five</u> and thereafter, the
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0001|     applicant shall renew his license on a yearly basis at no cost
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0002|     to the applicant.
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0003|            B.  The <s>[division]</s> <u>department</u> may either issue a
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0004|     special restricted license or may set forth such restrictions
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0005|     upon the usual license form.
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0006|            C.  The <s>[division]</s> <u>department</u> may issue a
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0007|     restricted license for driving during daylight hours only to
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0008|     some visually handicapped persons who fail the usual eyesight
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0009|     test.  The <s>[medical]</s> <u>health standard</u> advisory board <u>created
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<u></u>0010| <u>    pursuant to provisions of Section 66-5-6 NMSA 1978</u> shall
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0011|     evaluate the extent of the visual handicap and its effect on the
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0012|     driving ability of the applicant and, based on <s>[their]</s> <u>its</u>
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0013|     recommendations, the <s>[director]</s> <u>secretary</u> may issue a
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0014|     restricted license under the following conditions:
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0015|                 (1)  the applicant has no record of moving
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0016|     violations;
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0017|                 (2)  the necessity of the license is shown to
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0018|     the satisfaction of the <s>[director]</s> <u>secretary</u>; and
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0019|                 (3)  the applicant satisfies the provisions of
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0020|     Section <s>[64-5-206 NMSA 1953]</s> <u>66-5-206 NMSA 1978</u> relating to
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0021|     proof of financial responsibility.
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0022|            D.  The <s>[division]</s> <u>department</u> may, upon receiving
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0023|     satisfactory evidence of any violation of the restrictions of
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0024|     the license, suspend the <s>[same]</s> <u>license</u>, but the licensee
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0025|     <s>[shall be]</s> <u>is</u> entitled to a hearing as upon a suspension
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0001|     under Sections
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0002|     <s>[64-5-1 through 64-5-47 NMSA 1953]</s> <u>66-5-1 through 66-5-47
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<u></u>0003| <u>    NMSA 1978</u>.
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0004|            E.  It is a misdemeanor for any person to operate a
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0005|     motor vehicle in any manner in violation of the restrictions
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0006|     imposed in a restricted license issued to him."
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0007|                            - 6 -
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