44TH LEGISLATURE - STATE OF NEW MEXICO - FIRST SESSION, 1999

RELATING TO MOTOR VEHICLES; PROVIDING FOR PERMANENT REGISTRATION OF CERTAIN TRAILERS; CHANGING REGISTRATION FEES FOR CERTAIN TRAILERS.

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

Section 1. Section 66-3-1 NMSA 1978 (being Laws 1978, Chapter 35, Section 21) is amended to read:

"66-3-1. VEHICLES SUBJECT TO REGISTRATION--EXCEPTIONS.-- A. Every motor vehicle, trailer, semitrailer and pole trailer when driven or moved upon a highway [shall be] is subject to the registration and certificate of title provisions of the Motor Vehicle Code except:

[A.] (1) any such vehicle driven or moved upon a highway in conformance with the provisions of the Motor Vehicle Code relating to manufacturers, dealers, lien-holders or nonresidents;

[B.] (2) any such vehicle [which] that is driven or moved upon a highway only for the purpose of crossing [such] the highway from one property to another;

[C.] (3) any implement of husbandry [which] that is only incidentally operated or moved upon a highway;

[D.] (4) any special mobile equipment [as herein defined];

[E.] (5) any vehicle [which] that is propelled exclusively by electric power obtained from overhead trolley wires though not operated upon rails;

(6) freight trailers if they are:

(a) properly registered in another state;

(b) identified by a proper base registration plate that is properly displayed; and

(c) identified by other registration documents that are in the possession of the operator and exhibited at the request of a police officer; and

(7) freight trailers or utility trailers owned and used by:

(a) a nonresident solely for the transportation of farm products purchased by the nonresident from growers or producers of the farm products and transported in the trailer out of the state;

(b) farmers and ranchers who transport to market only the produce, animals or fowl produced by them or who transport back to their farms and ranches supplies for use thereon; or

(c) persons who transport animals to and from fairs, rodeos or other places, except racetracks, where the animals are exhibited or otherwise take part in performances, in trailers drawn by a motor vehicle or truck of less than ten thousand pounds gross vehicle weight rating bearing a proper registration plate, but in no case shall the owner of an unregistered trailer described in this paragraph perform such uses for hire.

[F.] B. No certificate of title need be obtained for any vehicle of a type subject to registration owned by the government of the United States. [and

G.] C. Every [house trailer] manufactured home shall be subject to the registration and certificate of title provisions of the Motor Vehicle Code, and each [house trailer] manufactured home shall at all times bear a current registration plate."

Section 2. Section 66-3-2 NMSA 1978 (being Laws 1978, Chapter 35, Section 22) is amended to read:

"66-3-2. REGISTRATION--TRAILERS, SEMITRAILERS, POLE TRAILERS AND FREIGHT TRAILERS.--

A. The motor vehicle and motor transportation divisions, according to their appropriate jurisdictions, shall grant permanent registration to freight trailers subject to registration and may grant a permanent registration to utility trailers not used in commerce whose gross vehicle weight is less than six thousand one pounds upon application and payment of the fee required by Section [64-6-3 NMSA 1953 when according to Subsection B of this section registration is required] 66-6-3 NMSA 1978. The registration shall expire, however, upon the transfer of title or interest in the vehicle, at which time the vehicle shall be reregistered. [subject to the provisions of Subsection B of this section.

B. Freight trailers are exempt from registration in this state if they are:

(1) properly registered in another state;

(2) identified by a proper base registration plate properly displayed; and

(3) identified by other required documentary evidence of registration which shall be in the possession of the operator and exhibited at the request of any police officer.

C.] B. In registering trailers, semitrailers and pole trailers, the motor vehicle and motor transportation divisions may require such information and documents and may make such tests and investigations as they deem necessary and practicable to determine or to verify the empty weights and gross vehicle weights and to ensure that the vehicles may be safely and legally operated upon the highways of this state."

Section 3. Section 66-6-3 NMSA 1978 (being Laws 1978, Chapter 35, Section 338, as amended) is amended to read:

"66-6-3. TRAILERS--REGISTRATION FEES.--

A. For the registration of freight trailers and utility trailers, [the motor vehicle and motor transportation divisions, according to their appropriate jurisdictions, shall collect] the following fees shall be collected:

(1) for the permanent registration or reregistration of freight trailers, ten dollars ($10.00); [and] 

(2) for the annual registration of each utility trailer not permanently registered, five dollars ($5.00) plus one dollar ($1.00) for each one hundred pounds or major fraction thereof of actual empty weight over five hundred pounds actual empty weight; except that in the case of travel trailers, actual empty weight shall be one-half of the gross factory shipping weight or, if gross factory shipping weight is not available, then actual empty weight shall be one-half of actual gross vehicle weight [This subsection shall not apply to any nonresident owner who shall use any vehicle mentioned in this subsection solely for transportation of farm produce purchased by such nonresident from the growers or producers thereof and transported in the trailer out of the state, and this subsection shall not apply to farmers or ranchers who transport to market only the produce, animals or fowls produced by them or who transport back to their farms or ranches supplies for use thereon or any persons who transport animals to and from fairs, rodeos or other places, except racetracks, where the animals are exhibited or otherwise take part in performances, in trailers drawn by an automobile or truck of less than ten thousand pounds gross vehicle weight rating bearing a proper registration plate; but in no case shall the owner of such an unregistered trailer perform such uses for hire]; and

(3) for the permanent registration of utility trailers not used in commerce that have a gross vehicle weight of less than six thousand one pounds, fifteen dollars ($15.00) plus three dollars ($3.00) for each one hundred pounds or major fraction thereof of actual empty weight over five hundred pounds actual empty weight; except that in the case of travel trailers, actual empty weight shall be one-half of the gross factory shipping weight or, if gross factory shipping weight is not available, then actual empty weight shall be one-half of actual gross vehicle weight and for the reregistration of such utility trailers upon their sale or transfer, five dollars ($5.00).

B. At the option of the owner of a fleet of fifty or more utility trailers wishing to register them in New Mexico, the motor vehicle division shall issue a registration and registration plate for each trailer in [such] the fleet, the registration and registration plate to expire on the last day of the final month of a five-year period. [Such] Registrations and registration plates shall be issued for five years only if the owner of the trailers meets the following requirements:

(1) application is made on forms prescribed by the motor vehicle division and payment of the proper fee is made;

(2) upon the option of the director, presentation is made at the time of registration of a surety bond, certificate of deposit or of other financial security; and

(3) payment is made by the fleet owner of all registration fees due each year prior to the expiration date. If such fees are not paid, all [license plates and] registrations and registration plates in the fleet shall be canceled."

Section 4. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 1999.