0001| HOUSE BILL 265
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0002| 43RD LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION, 1998
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0003| INTRODUCED BY
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0004| LARRY A. LARRANAGA
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0005|
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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| AN ACT
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0011| RELATING TO MOTOR VEHICLES; CHANGING PROVISIONS ON MANDATORY
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0012| FINANCIAL RESPONSIBILITY; AMENDING, REPEALING AND ENACTING
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0013| SECTIONS OF THE NMSA 1978.
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0014|
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0015| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0016| Section 1. Section 66-1-4.3 NMSA 1978 (being Laws 1990,
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0017| Chapter 120, Section 4) is amended to read:
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0018| "66-1-4.3. DEFINITIONS.--As used in the Motor Vehicle
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0019| Code:
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0020| A. "camping body" means a vehicle body primarily
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0021| designed or converted for use as temporary living quarters for
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0022| recreational, camping or travel activities;
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0023| B. "camping trailer" means a camping body that
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0024| exceeds neither eight feet in width nor forty feet in length,
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0025| mounted on a chassis, or frame with wheels, designed to be
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0001| drawn by another vehicle and that has collapsible partial side
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0002| walls that fold for towing and unfold at the campsite;
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0003| C. "cancellation" means that a driver's license is
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0004| annulled and terminated because of some error or defect or
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0005| because the licensee is no longer entitled to the license, but
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0006| cancellation of a license is without prejudice, and
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0007| application for a new license may be made at any time after
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0008| cancellation;
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0009| D. "casual sale" means the sale of a motor vehicle
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0010| by the registered owner of the vehicle if the owner has not
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0011| sold more than four vehicles in that calendar year;
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0012| [E. "certified motor vehicle liability policy"
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means an owner's policy or a driver's policy of liability
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insurance to or for the benefit of the person named therein as
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insured, certified as provided in the Motor Vehicle Code and
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meeting the requirements of the Motor Vehicle Code as evidence
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of financial responsibility and issued by an insurance carrier
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duly authorized to transact business in New Mexico;
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F.] E. "chassis" means the complete motor
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0020| vehicle, including standard factory equipment, exclusive of
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0021| the body and cab;
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0022| [G.] F. "collector" means a person who is the
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0023| owner of one or more vehicles of historic or special interest
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0024| who collects, purchases, acquires, trades or disposes of these
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0025| vehicles or parts thereof for the person's own use in order to
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0001| preserve, restore and maintain a similar vehicle for hobby
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0002| purposes;
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0003| [H.] G. "combination" means any connected
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0004| assemblage of a motor vehicle and one or more semitrailers,
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0005| trailers or semitrailers converted to trailers by means of a
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0006| converter gear;
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0007| [I.] H. "combination gross vehicle weight"
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0008| means the sum total of the gross vehicle weights of all units
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0009| of a combination;
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0010| [J.] I. "commerce" means the transportation of
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0011| persons, property or merchandise for hire, compensation,
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0012| profit or in the furtherance of a commercial enterprise in
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0013| this state or between New Mexico and a place outside New
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0014| Mexico, including a place outside the United States;
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0015| [K.] J. "commercial motor vehicle" means a
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0016| motor vehicle used in commerce:
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0017| (1) if the vehicle has a declared gross
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0018| vehicle weight rating of twenty-six thousand one or more
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0019| pounds;
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0020| (2) if the vehicle is designed to transport
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0021| sixteen or more passengers, including the driver; or
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0022| (3) if the vehicle is transporting hazardous
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0023| materials and is required to be placarded pursuant to
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0024| applicable law;
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0025| [L.] K. "controlled-access highway" means
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0001| every highway, street or roadway in respect to which owners or
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0002| occupants of abutting lands and other persons have no legal
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0003| right of access to or from the highway, street or roadway
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0004| except at those points only and in the manner as may be
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0005| determined by the public authority having jurisdiction over
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0006| the highway, street or roadway;
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0007| [M.] L. "controlled substance" means any
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0008| substance defined in Section 30-31-2 NMSA 1978 as a controlled
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0009| substance;
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0010| [N.] M. "converter gear" means any assemblage
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0011| of one or more axles with a fifth wheel mounted thereon,
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0012| designed for use in a combination to support the front end of
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0013| a semitrailer but not permanently attached thereto. A
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0014| converter gear shall not be considered a vehicle, as that term
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0015| is defined in Section 66-1-4.19 NMSA 1978, but weight
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0016| attributable thereto shall be included in declared gross
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0017| weight;
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0018| [O.] N. "conviction" means the alleged
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0019| violator has entered a plea of guilty or nolo contendere or
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0020| has been found guilty in the trial court and has waived or
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0021| exhausted all rights to an appeal;
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0022| [P.] O. "crosswalk" means:
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0023| (1) that part of a roadway at an intersection
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0024| included within the connections of the lateral lines of the
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0025| sidewalks on opposite sides of the highway measured from the
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0001| curbs or, in the absence of curbs, from the edges of the
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0002| traversable roadway; and
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0003| (2) any portion of a roadway at an
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0004| intersection or elsewhere distinctly indicated for pedestrian
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0005| crossing by lines or other markings on the surface; and
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0006| [Q.] P. "curb cut" means a short ramp through
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0007| a curb or built up to the curb."
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0008| Section 2. Section 66-1-4.6 NMSA 1978 (being Laws 1990,
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0009| Chapter 120, Section 7) is amended to read:
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0010| "66-1-4.6. DEFINITIONS.--As used in the Motor Vehicle
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0011| Code:
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0012| A. "farm tractor" means every motor vehicle
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0013| designed and used primarily as a farm implement for drawing
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0014| plows, mowing machines and other implements of husbandry;
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0015| B. "financial responsibility" means the ability to
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0016| respond in damages for liability resulting from traffic
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0017| accidents arising out of the ownership, maintenance or use of
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0018| a motor vehicle of a type subject to registration under the
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0019| laws of New Mexico, in [the] amounts not less than [that]
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0020| specified in the Mandatory Financial Responsibility Act [the
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term] or having in effect a motor vehicle insurance policy.
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0022| "Financial responsibility" includes a motor vehicle
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0023| [liability policy, a certified motor vehicle liability]
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0024| insurance policy, a surety bond or evidence of a sufficient
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0025| cash deposit with the state treasurer;
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0001| C. "first offender" means a person who for the
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0002| first time under state or federal law or municipal ordinance
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0003| has been adjudicated guilty of the charge of driving a motor
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0004| vehicle while under the influence of intoxicating liquor or
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0005| any other drug that renders the person incapable of safely
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0006| driving a motor vehicle, regardless of whether the person's
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0007| sentence was suspended or deferred;
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0008| D. "flammable liquid" means any liquid that has a
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0009| flash point of seventy degrees fahrenheit or less, as
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0010| determined by a tagliabue or equivalent closed-cup test
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0011| device;
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0012| E. "foreign jurisdiction" means any jurisdiction
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0013| other than a state of the United States or the District of
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0014| Columbia;
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0015| F. "foreign vehicle" means every vehicle of a type
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0016| required to be registered under the provisions of the Motor
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0017| Vehicle Code brought into this state from another state,
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0018| territory or country; and
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0019| G. "freight trailer" means any trailer,
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0020| semitrailer or pole trailer drawn by a truck tractor or road
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0021| tractor, and any trailer, semitrailer or pole trailer drawn by
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0022| a truck that has a gross vehicle weight of more than twenty-
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0023| six thousand pounds, but [the term] "freight trailer" does
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0024| not include manufactured homes, trailers of less than one-ton
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0025| carrying capacity used to transport animals or fertilizer
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0001| trailers of less than three thousand five hundred pounds empty
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0002| weight."
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0003| Section 3. Section 66-1-4.11 NMSA 1978 (being Laws 1990,
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0004| Chapter 120, Section 12) is amended to read:
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0005| "66-1-4.11. DEFINITIONS.--As used in the Motor Vehicle
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0006| Code:
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0007| A. "mail" means any item properly addressed with
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0008| postage prepaid delivered by the United States postal service
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0009| or any other public or private enterprise primarily engaged in
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0010| the transport and delivery of letters, packages and other
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0011| parcels;
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0012| B. "manufactured home" means a [moveable]
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0013| movable or portable housing structure that exceeds either a
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0014| width of eight feet or a length of forty feet, constructed to
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0015| be towed on its own chassis and designed to be installed with
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0016| or without a permanent foundation for human occupancy;
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0017| C. "manufacturer" means every person engaged in
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0018| the business of constructing or assembling vehicles of a type
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0019| required to be registered under the Motor Vehicle Code;
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0020| D. "manufacturer's certificate of origin" means a
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0021| certification, on a form supplied by or approved by the
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0022| [division] department, signed by the manufacturer that the
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0023| new vehicle described therein has been transferred to the New
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0024| Mexico dealer or distributor named therein or to a dealer duly
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0025| licensed or recognized as such in another state, territory or
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0001| possession of the United States and that such transfer is the
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0002| first transfer of the vehicle in ordinary trade and commerce;
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0003| every such certificate shall contain space for proper
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0004| reassignment to a New Mexico dealer or to a dealer duly
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0005| licensed or recognized as such in another state, territory or
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0006| possession of the United States, and the certificate shall
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0007| contain a description of the vehicle, the number of cylinders,
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0008| type of body, engine number and the serial number or other
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0009| standard identification number provided by the manufacturer of
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0010| the vehicle;
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0011| E. "metal tire" means every tire of which the
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0012| surface in contact with the highway is wholly or partly of
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0013| metal or other hard nonresilient material, except that a snow
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0014| tire with metal studs designed to increase traction on ice or
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0015| snow is not considered a metal tire;
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0016| F. "moped" means a two-wheeled or three-wheeled
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0017| vehicle with an automatic transmission and a motor having a
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0018| piston displacement of less than fifty cubic centimeters, that
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0019| is capable of propelling the vehicle at a maximum speed of not
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0020| more than thirty miles an hour on level ground, at sea level;
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0021| G. "motorcycle" means every motor vehicle having a
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0022| seat or saddle for the use of the rider and designed to travel
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0023| on not more than three wheels in contact with the ground,
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0024| excluding a tractor;
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0025| H. "motor home" means a camping body built on a
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0001| self-propelled motor vehicle chassis so designed that seating
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0002| for driver and passengers is within the body itself;
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0003| I. "motor vehicle" means every vehicle that is
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0004| self-propelled and every vehicle that is propelled by electric
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0005| power obtained from batteries or from overhead trolley wires,
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0006| but not operated upon rails; but for the purposes of the
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0007| Mandatory Financial Responsibility Act, "motor vehicle" does
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0008| not include "special mobile equipment"; and
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0009| J. "motor vehicle [liability] insurance
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0010| policy" means [an owner's policy or a driver's policy of
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liability insurance, providing limits of coverage not less
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than the dollar amounts set forth in the Mandatory Financial
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Responsibility Act as evidence of financial responsibility,
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and issued by an insurance carrier duly authorized to transact
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business in New Mexico] that term as defined in the New
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0016| Mexico Insurance Code."
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0017| Section 4. Section 66-5-201.1 NMSA 1978 (being Laws
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0018| 1983, Chapter 318, Section 2) is amended to read:
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0019| "66-5-201.1. PURPOSE.--The legislature is aware that
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0020| motor vehicle accidents in [the state of] New Mexico can
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0021| result in catastrophic financial hardship. The purpose of the
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0022| Mandatory Financial Responsibility Act is to require [and
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encourage] residents of [the state of] New Mexico who own
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0024| and operate motor vehicles upon the highways of the state
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0025| either to have the ability to respond in damages to
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0001| accidents arising out of the use and operation of a motor
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0002| vehicle [it is the intent that the risks and financial
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burdens of motor vehicle accidents be equitably distributed
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among all owners and operators of motor vehicles within the
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state] or to obtain a motor vehicle insurance policy."
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0006| Section 5. Section 66-5-205 NMSA 1978 (being Laws 1983,
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0007| Chapter 318, Section 6, as amended) is amended to read:
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0008| "66-5-205. VEHICLE MUST BE INSURED OR OWNER MUST HAVE
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0009| EVIDENCE OF FINANCIAL RESPONSIBILITY--PENALTIES.--
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0010| A. No owner shall permit the operation of an
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0011| uninsured motor vehicle, or a motor vehicle for which evidence
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0012| of financial responsibility as was affirmed to the
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0013| [division] department is not currently valid, upon the
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0014| streets or highways of New Mexico unless the vehicle is
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0015| specifically exempted from the provisions of the Mandatory
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0016| Financial Responsibility Act.
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0017| B. No person shall drive an uninsured motor
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0018| vehicle, or a motor vehicle for which evidence of financial
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0019| responsibility as was affirmed to the [division]
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0020| department is not currently valid, upon the streets or
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0021| highways of New Mexico unless he is specifically exempted from
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0022| the provisions of the Mandatory Financial Responsibility Act.
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0023| C. For the purposes of the Mandatory Financial
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0024| Responsibility Act, "uninsured motor vehicle" means a motor
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0025| vehicle for which a motor vehicle [liability policy or a
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certified motor vehicle liability] insurance policy meeting
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0002| the requirements of the laws of New Mexico and of the
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0003| [director] secretary is not in effect.
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0004| D. The provisions of the Mandatory Financial
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0005| Responsibility Act requiring the deposit of evidence of
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0006| financial responsibility as provided in Section 66-5-218 NMSA
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0007| 1978, subject to certain exemptions, may apply with respect to
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0008| persons who have been convicted of or forfeited bail for
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0009| certain offenses under motor vehicle laws or who have failed
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0010| to pay judgments or written settlement agreements upon causes
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0011| of action arising out of ownership, maintenance or use of
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0012| vehicles of a type subject to registration under the laws of
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0013| New Mexico.
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0014| E. Any person who violates the provisions of this
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0015| section is guilty of a misdemeanor and upon conviction shall
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0016| be sentenced to a fine not to exceed three hundred dollars
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0017| ($300)."
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0018| Section 6. Section 66-5-205.1 NMSA 1978 (being Laws
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0019| 1989, Chapter 214, Section 1) is amended to read:
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0020| "66-5-205.1. UNINSURED MOTORIST CITATION--REQUIREMENTS
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0021| TO BE FOLLOWED AT TIME OF ACCIDENT--SUBSEQUENT PROCEDURES.--
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0022| A. When a law enforcement officer issues a driver
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0023| who is involved in an accident a citation for failure to
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0024| comply with the provisions of the Mandatory Financial
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0025| Responsibility Act, the law enforcement officer shall
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0001| personally at the same time:
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0002| (1) issue to the driver cited a temporary
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0003| operation sticker, valid for thirty days after the date the
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0004| sticker is issued, and forward by mail or delivery to the
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0005| [division] department a duplicate of the issued sticker;
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0006| and
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0007| (2) remove the license plate from the vehicle
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0008| and send it with the duplicate of the sticker to the
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0009| [division] department or, if it cannot be removed,
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0010| permanently deface the plate.
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0011| B. The [division] department shall return or
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0012| replace, in its discretion, a license plate removed under the
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0013| provisions of Paragraph (2) of Subsection A of this section or
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0014| replace a license plate defaced under that paragraph when the
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0015| person cited for failure to comply with the provisions of the
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0016| Mandatory Financial Responsibility Act furnishes proof of
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0017| compliance to the [division] department and pays to the
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0018| division a reinstatement fee of twenty-five dollars ($25.00).
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0019| If a person to whom the temporary operation sticker is issued
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0020| furnishes to the [division] department within fifteen days
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0021| after the issuance of the sticker evidence of financial
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0022| responsibility in compliance with the Mandatory Financial
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0023| Responsibility Act and in effect on the date and at the time
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0024| of the issuance of the sticker, the [division] department
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0025| shall replace or return the license plate and waive the
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0001| twenty-five dollar ($25.00) reinstatement fee.
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0002| C. The [director] secretary shall adopt and
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0003| promulgate regulations prescribing the form and use of the
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0004| sticker required to be issued under Subsection A of this
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0005| section.
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0006| D. The [director] secretary may adopt and
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0007| promulgate regulations requiring insurance carriers who
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0008| terminate or cancel any motor vehicle [liability policy or
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certified motor vehicle liability] insurance policy to
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0010| report monthly each cancellation or termination to the
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0011| [division] department. Information pertaining to each
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0012| motor vehicle shall be made a part of that vehicle file for
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0013| one year. Notification of termination or cancellation made
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0014| under such a regulation is not grounds for revocation of the
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0015| motor vehicle registration."
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0016| Section 7. Section 66-5-206 NMSA 1978 (being Laws 1983,
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0017| Chapter 318, Section 7) is amended to read:
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0018| "66-5-206. REGISTRATION WITHOUT INSURANCE OR EVIDENCE OF
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0019| FINANCIAL RESPONSIBILITY PROHIBITED--SUSPENSION REQUIRED.--
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0020| A. The [division] department shall not issue or
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0021| renew the registration for any motor vehicle not covered by a
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0022| motor vehicle [liability policy or a certified motor vehicle
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liability] insurance policy or by evidence of financial
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0024| responsibility currently valid meeting the requirements of the
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0025| laws of New Mexico and of the [director] secretary, unless
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0001| specifically exempted from the Mandatory Financial
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0002| Responsibility Act.
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0003| B. Upon a showing by its records or other sufficient
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0004| evidence that the required insurance or evidence of financial
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0005| responsibility has not been provided or maintained for a motor
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0006| vehicle, the [division] department shall suspend its
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0007| registration of the motor vehicle."
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0008| Section 8. Section 66-5-207 NMSA 1978 (being Laws 1983,
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0009| Chapter 318, Section 8, as amended) is amended to read:
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0010| "66-5-207. EXEMPT MOTOR VEHICLES.--The following motor
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0011| vehicles are exempt from the Mandatory Financial
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0012| Responsibility Act:
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0013| A. a motor vehicle owned by the United States
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0014| government, any state or any political subdivision of a state;
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0015| B. an implement of husbandry or special mobile
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0016| equipment [which] that is only incidentally operated on a
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0017| highway;
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0018| C. a motor vehicle operated upon a highway only for
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0019| the purpose of crossing such highway from one property to
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0020| another;
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0021| D. a commercial motor vehicle registered or
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0022| proportionally registered in this and any other jurisdiction,
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0023| provided such motor vehicle is covered by a motor vehicle
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0024| [liability policy or certified motor vehicle liability]
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0025| insurance policy or equivalent coverage or other form of
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0001| financial responsibility in compliance with the laws of any
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0002| other jurisdiction in which it is registered;
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0003| E. a motor vehicle approved as self-insured by the
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0004| superintendent of insurance pursuant to Section 66-5-207.1
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0005| NMSA 1978; and
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0006| F. any motor vehicle when the owner has submitted to
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0007| the [division] department a signed statement, in [such]
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0008| the form [as may be] prescribed by the [division]
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0009| department, declaring that the vehicle will not be operated
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0010| on the highways of New Mexico and explaining the reasons
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0011| therefor."
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0012| Section 9. Section 66-5-218 NMSA 1978 (being Laws 1978,
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0013| Chapter 35, Section 302, as amended) is amended to read:
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0014| "66-5-218. ALTERNATE METHODS OF GIVING EVIDENCE.--
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0015| Evidence of financial responsibility, when required under the
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0016| Mandatory Financial Responsibility Act, may be given by
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0017| filing:
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0018| A. evidence of a motor vehicle [liability]
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0019| insurance policy;
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0020| [B. evidence of a certified motor vehicle liability
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policy as provided in Section 66-5-219 NMSA 1978;
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C.] B. a surety bond as provided in Section 66-5-
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0023| 225 NMSA 1978; or
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0024| [D.] C. a certificate of deposit of money as
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0025| provided in Section 66-5-226 NMSA 1978."
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0001| Section 10. Section 66-5-220 NMSA 1978 (being Laws 1955,
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0002| Chapter 182, Section 323, as amended) is amended to read:
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0003| "66-5-220. DEFAULT BY NONRESIDENT INSURER.--If any
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0004| insurance carrier not authorized to transact business in New
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0005| Mexico [which] that has qualified to furnish evidence of
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0006| financial responsibility defaults in any undertakings or
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0007| agreements, the [division] department shall not thereafter
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0008| accept [as] evidence [any certificate] of financial
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0009| responsibility of that carrier, whether previously filed or
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0010| thereafter tendered as evidence, so long as the default
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0011| continues."
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0012| Section 11. Section 66-5-222 NMSA 1978 (being Laws 1977,
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0013| Chapter 61, Section 2) is amended to read:
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0014| "66-5-222. [DRIVERS] DRIVER EXCLUSION ENDORSEMENT
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0015| FORM.--Any motor vehicle insurance policy may be endorsed to
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0016| exclude a named driver from coverage. The endorsement shall
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0017| be signed by at least one named insured. Endorsements shall
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0018| be substantially similar to the following form:
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0019| "[DRIVERS] DRIVER EXCLUSION ENDORSEMENT
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0020| Nothing herein contained shall be held to alter,
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0021| vary, waive or extend any of the terms, conditions,
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0022| agreements or limits of the undermentioned policy
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0023| other than as stated herein below.
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0024| Effective--12:01 a.m., standard time. Attached
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0025| to and forming part of Policy No._______________
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0001| issued to ______________________________________
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0002| (name of insured)
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0003| by ____________________________________________.
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0004| (insert name of insurance company)
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0005| In consideration of the premium for which the
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0006| policy is written, it is agreed that the company
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0007| shall not be liable and no liability or obligation of
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0008| any kind shall be attached to the company for losses
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0009| or damages sustained after the effective date of this
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0010| endorsement while any motor vehicle insured
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0011| hereinunder is driven or operated by
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0012| ________________________________________________.
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0013| (name of excluded driver(s))
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0014| Date:____________________ Name insured(s)
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0015| ___________________________
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0016| (signature)
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0017| ____________________________"."
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0018| (signature)
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0019| Section 12. Section 66-5-228 NMSA 1978 (being Laws 1978,
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0020| Chapter 35, Section 316, as amended) is amended to read:
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0021| "66-5-228. SUBSTITUTION OF EVIDENCE.--The [division]
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0022| department shall consent to the cancellation of any bond
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0023| [or certified motor vehicle liability policy] or the
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0024| [division] department shall direct and the state treasurer
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0025| shall return any money to the person entitled thereto upon the
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0001| substitution and acceptance of any other adequate evidence of
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0002| financial responsibility as set forth in [Subsection B, C or
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D of] Section 66-5-218 NMSA 1978."
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0004| Section 13. Section 66-5-229 NMSA 1978 (being Laws 1978,
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0005| Chapter 35, Section 318, as amended) is amended to read:
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0006| "66-5-229. DURATION OF EVIDENCE--WHEN [PROOF MAY BE
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CANCELED OR RETURNED] FILING OF EVIDENCE MAY BE WAIVED.--
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0008| A. The [division] department shall, upon
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0009| request, consent to the immediate cancellation of any bond or
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0010| [certified motor vehicle liability policy or] the
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0011| [division] department shall direct and the state treasurer
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0012| shall return to the person entitled thereto any money
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0013| deposited pursuant to the Mandatory Financial Responsibility
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0014| Act as evidence of financial responsibility or the
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0015| [division] department shall waive the requirement of
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0016| filing evidence of financial responsibility in any of the
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0017| following events:
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0018| (1) after one year of providing satisfactory
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0019| evidence as [required] specified in [Subsection B, C or D
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of] Section 66-5-218 NMSA 1978 [and upon the deposit with
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the division of evidence of financial responsibility as set
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forth in Subsection A of that section];
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0023| (2) [in the event of] the death of the person
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0024| on whose behalf evidence was filed or the permanent incapacity
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0025| of the person to operate a motor vehicle; or
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0001| (3) [in the event] the person who has
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0002| [given] filed evidence surrenders his license and
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0003| registration to the [division] department.
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0004| B. Provided, however, that the [division]
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0005| department shall not consent to the cancellation of any bond
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0006| or the return of any money or waive the requirement of filing
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0007| evidence of financial responsibility in the event any action
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0008| for damages upon a liability covered by the evidence is then
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0009| pending or any judgment upon any such liability is then
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0010| unsatisfied or in the event the person who has filed the bond
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0011| or deposited the money has, within one year immediately
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0012| preceding the request, been involved as a driver or owner in
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0013| any motor vehicle accident resulting in injury or damage to
|
0014| the person or property of others. An affidavit of the
|
0015| applicant as to the nonexistence of such facts or that he has
|
0016| been released from all of his liability or has been finally
|
0017| adjudicated not to be liable for such injury or damage shall
|
0018| be sufficient evidence thereof in the absence of evidence to
|
0019| the contrary in the records of the [division] department.
|
0020| C. Every owner or operator of a vehicle subject to
|
0021| the requirements of the Mandatory Financial Responsibility Act
|
0022| shall carry evidence of financial responsibility as defined by
|
0023| that act in the vehicle at all times while the vehicle is in
|
0024| operation on the highways of this state. The failure to
|
0025| comply with this subsection shall be a misdemeanor and shall
|
- 19 -
0001| be punishable by the penalty set forth in Section 66-8-7 NMSA
|
0002| 1978; provided that no person charged with violating this
|
0003| section shall be convicted if he produces in court evidence of
|
0004| financial responsibility valid at the time of issuance of the
|
0005| citation."
|
0006| Section 14. Section 66-5-232 NMSA 1978 (being Laws 1983,
|
0007| Chapter 318, Section 31) is amended to read:
|
0008| "66-5-232. SAMPLING--LETTER TO OWNER.--
|
0009| A. The [division] department, at various times
|
0010| as it considers necessary or appropriate to assure compliance
|
0011| with the Mandatory Financial Responsibility Act, shall select
|
0012| for financial responsibility affirmation an appropriate sample
|
0013| number of the motor vehicles registered in New Mexico. The
|
0014| [division] department is authorized to emphasize, in
|
0015| accordance with rules adopted by the [division]
|
0016| department, for affirmation of financial responsibility,
|
0017| individuals whose affirmations of financial responsibility
|
0018| have previously been found to be incorrect.
|
0019| B. When a motor vehicle is selected for financial
|
0020| responsibility affirmation under Subsection A of this section,
|
0021| the [division] department shall mail an affirmation form
|
0022| to the registered owner of the motor vehicle notifying him
|
0023| that his motor vehicle has been selected for financial
|
0024| responsibility affirmation and requiring him to respond and to
|
0025| affirm, by at least one signature shown on the affirmation
|
- 20 -
0001| form, the existence of evidence satisfying the financial
|
0002| responsibility requirements of the Mandatory Financial
|
0003| Responsibility Act for the motor vehicle.
|
0004| C. Failure by an owner to return the affirmation of
|
0005| financial responsibility to the [division] department
|
0006| within fifteen days after mailing by the [division]
|
0007| department or a determination by the [division]
|
0008| department that an affirmation is not accurate constitutes
|
0009| reasonable grounds under Section 66-5-235 NMSA 1978 to believe
|
0010| that a person is operating a motor vehicle in violation of
|
0011| Section 66-5-205 NMSA 1978 or has falsely affirmed the
|
0012| existence of means of satisfying the financial responsibility
|
0013| requirements of the Mandatory Financial Responsibility Act.
|
0014| D. The [division] department may investigate all
|
0015| affirmations required by the Mandatory Financial
|
0016| Responsibility Act returned to the [division] department.
|
0017| If the owner affirms the existence of a motor vehicle
|
0018| [liability policy or certified motor vehicle liability]
|
0019| insurance policy covering the motor vehicle, the
|
0020| [division] department may forward the affirmation to the
|
0021| listed insurer to determine whether the affirmation is
|
0022| correct. An insurer shall mail notification to the
|
0023| [division] department within twenty working days of
|
0024| receipt of the affirmation inquiry in the event the
|
0025| affirmation is not correct. The notification shall be prima
|
- 21 -
0001| facie evidence of failure to satisfy the financial
|
0002| responsibility requirements of the Mandatory Financial
|
0003| Responsibility Act. The [division] department may
|
0004| determine the correctness of affirmation of other means of
|
0005| satisfying the financial responsibility requirements of that
|
0006| act for the motor vehicle.
|
0007| E. The [division] department may use accident
|
0008| reports as basic material for the construction of its sampling
|
0009| procedure.
|
0010| F. No civil liability shall accrue to the insurer or
|
0011| any of its employees for reports made to the [division]
|
0012| department under this section when the reports are made in
|
0013| good faith based on the most recent information available to
|
0014| the insurer.
|
0015| G. The affirmation form used when sampling shall
|
0016| require the report of the name of the company issuing the
|
0017| policy, the policy number or any other information that
|
0018| identifies the policy."
|
0019| Section 15. Section 66-5-233 NMSA 1978 (being Laws 1983,
|
0020| Chapter 318, Section 32) is amended to read:
|
0021| "66-5-233. AFFIRMATION FORM.--The affirmation of
|
0022| financial responsibility required under Sections 66-5-208,
|
0023| 66-5-225 and 66-5-226 NMSA 1978 shall be in a form prescribed
|
0024| by the [division] department and shall require an
|
0025| applicant to provide such information as may be required by
|
- 22 -
0001| the [division] department. If a person affirms the
|
0002| existence of a motor vehicle [liability policy or certified
|
motor vehicle liability] insurance policy, the affirmation
|
0004| form shall require him to report at least the name of the
|
0005| insurer issuing the policy and the policy number."
|
0006| Section 16. Section 66-5-234 NMSA 1978 (being Laws 1983,
|
0007| Chapter 318, Section 33) is amended to read:
|
0008| "66-5-234. REGISTRATION--APPLICATION AND RENEWAL.--
|
0009| A. The [division] department shall indicate in
|
0010| boldface print on every new application form for registration
|
0011| and every registration form that the owner of the motor
|
0012| vehicle affirms that he is financially responsible within the
|
0013| meaning of the Mandatory Financial Responsibility Act. The
|
0014| payment of the registration fee and acceptance by the
|
0015| [division] department of the application for registration
|
0016| shall be affirmation by the owner of the registered vehicle
|
0017| that he has complied with the requirements of that act.
|
0018| B. The [division] department shall not renew the
|
0019| registration of a motor vehicle unless the owner of the motor
|
0020| vehicle affirms the existence of a motor vehicle [liability
|
policy or certified motor vehicle liability] insurance
|
0022| policy covering the motor vehicle or the existence of some
|
0023| other means of satisfying the financial responsibility
|
0024| requirements of the Mandatory Financial Responsibility Act for
|
0025| the motor vehicle."
|
- 23 -
0001| Section 17. Section 66-5-235 NMSA 1978 (being Laws 1983,
|
0002| Chapter 318, Section 34, as amended) is amended to read:
|
0003| "66-5-235. FALSE AFFIRMATION--VIOLATION.--When the
|
0004| [division] department has reasonable grounds to believe
|
0005| that a person is operating a motor vehicle in violation of
|
0006| Section 66-5-205 NMSA 1978 or has falsely affirmed the
|
0007| existence of a motor vehicle [liability policy, a certified
|
motor vehicle liability] insurance policy or the existence
|
0009| of some other means of satisfying the financial responsibility
|
0010| requirements of the Mandatory Financial Responsibility Act,
|
0011| the [division] department shall demand satisfactory
|
0012| evidence from the person that the person meets the
|
0013| requirements of that act as provided in Section 66-5-233 NMSA
|
0014| 1978. If the person cannot provide evidence of financial
|
0015| responsibility within twenty days after receipt of the
|
0016| [division's] department's demand for satisfactory proof of
|
0017| financial responsibility, the [division may notify the
|
district attorney of the county in which the person resides of
|
the division's belief that violations of the Mandatory
|
Financial Responsibility Act were or are being committed by
|
that person] department shall suspend the person's
|
0022| registration as provided in Section 66-5-236 NMSA 1978."
|
0023| Section 18. Section 66-5-236 NMSA 1978 (being Laws 1983,
|
0024| Chapter 318, Section 35) is amended to read:
|
0025| "66-5-236. SUSPENSION FOR NONPAYMENT OF JUDGMENT OR FOR
|
- 24 -
0001| FALSE AFFIRMATION.--
|
0002| A. Except as otherwise provided, the [director]
|
0003| secretary shall suspend:
|
0004| (1) the motor vehicle registration for all motor
|
0005| vehicles and the driver's license of any person against whom a
|
0006| judgment has been rendered, the [division] department
|
0007| being in receipt of a certified copy of the judgment on a form
|
0008| provided by the [division] department; or
|
0009| (2) the registration for a period not to exceed
|
0010| one year of a person who is operating a motor vehicle in
|
0011| violation of Section 66-5-205 NMSA 1978 or falsely affirms the
|
0012| existence of a motor vehicle [liability policy, a certified
|
motor vehicle liability] insurance policy or some other
|
0014| means of satisfying the financial responsibility requirements
|
0015| of the Mandatory Financial Responsibility Act, but only if
|
0016| evidence of financial responsibility is not submitted within
|
0017| [thirty] twenty days after the date of the mailing of the
|
0018| [division's] department's demand therefor [under Section
|
66-5-232 NMSA 1978]. The [division] department shall
|
0020| notify the person that he may request a hearing within twenty
|
0021| days after the date of the mailing of the [division's]
|
0022| department's demand as provided under this subsection.
|
0023| B. [That] The registration shall remain [so]
|
0024| suspended and shall not be renewed, nor shall any registration
|
0025| be issued thereafter in the name of that person, unless and
|
- 25 -
0001| until every judgment is stayed, satisfied in full or to the
|
0002| extent provided in the Mandatory Financial Responsibility Act
|
0003| and evidence of financial responsibility as required in
|
0004| Section 66-5-218 NMSA 1978 is provided to the [division]
|
0005| department."
|
0006| Section 19. A new Section 59A-7-7.1 NMSA 1978 is enacted
|
0007| to read:
|
0008| "59A-7-7.1. [NEW MATERIAL] "MOTOR VEHICLE INSURANCE
|
0009| POLICY" DEFINED.--"Motor vehicle insurance policy" means a
|
0010| policy of vehicle insurance that covers self-propelled
|
0011| vehicles of a kind required to be registered under New Mexico
|
0012| law for use on public streets and highways. A "motor vehicle
|
0013| insurance policy":
|
0014| A. shall include:
|
0015| (1) motor vehicle bodily injury and property
|
0016| damage liability coverages in compliance with the Mandatory
|
0017| Financial Responsibility Act; and
|
0018| (2) uninsured motorist coverage, subject to the
|
0019| provisions of Section 66-5-301 NMSA 1978 permitting the
|
0020| insured to reject such coverage; and
|
0021| B. may include:
|
0022| (1) physical damage coverage;
|
0023| (2) medical payments coverage; and
|
0024| (3) other coverages that the insured and the
|
0025| insurer agree to include within the policy."
|
- 26 -
0001| Section 20. REPEAL.--Sections 66-5-219, 66-5-221 and
|
0002| 66-5-223 NMSA 1978 (being Laws 1955, Chapter 182, Section 321
|
0003| and Laws 1978, Chapter 35, Sections 306 and 308, as amended)
|
0004| are repealed.
|
0005|
|