TITLE 18: TRANSPORTATION AND HIGHWAYS

CHAPTER 19: MOTOR VEHICLE PROCEDURES, LICENSES, PERMITS

PART 1: GENERAL PROVISIONS

18.19.1.1 ISSUING AGENCY: Taxation and Revenue Department, Joseph M. Montoya Building, 1100 South St. Francis Drive, P.O. Box 630, Santa Fe NM 87504-0630

[10/31/96; 18.19.1.1 NMAC - Rn, 18 NMAC 19.1.1, 9/14/00]

18.19.1.2 SCOPE: This part applies to all persons subject to the Motor Vehicle Code.

[10/31/96; 18.19.1.2 NMAC - Rn, 18 NMAC 19.1.2, 9/14/00]

18.19.1.3 STATUTORY AUTHORITY: Section 9-11-6.2 NMSA 1978.

[10/31/96; 18.19.1.3 NMAC - Rn, 18 NMAC 19.1.3, 9/14/00]

18.19.1.4 DURATION: Permanent.

[10/31/96; 18.19.1.4 NMAC - Rn, 18 NMAC 19.1.4, 9/14/00]

18.19.1.5 EFFECTIVE DATE: 10/31/96, unless a later date is cited at the end of a section, in which case the later date is the effective date.

[10/31/96; 18.19.1.5 NMAC -Rn & A, 18 NMAC 19.1.5, 9/14/00]

18.19.1.6 OBJECTIVE: The objective of this part is to interpret, exemplify, implement and enforce the provisions of the Motor Vehicle Code.

[10/31/96; 18.19.1.6 NMAC - Rn, 18 NMAC 19.1.6, 9/14/00]

18.19.1.7 DEFINITIONS - “DEALER” INCLUDES CERTAIN BROKERS: The term “dealer” includes those persons authorized under Section 66-8-3.1 NMSA 1978 to broker a motor vehicle, other than those brokers excluded by Paragraph (5) of Subsection B of Section 66-1-4.4 NMSA 1978. The term “dealer” includes those persons described in Subsection B of Section 66-8-3.1 NMSA 1978.

[3/16/92, 8/17/94, 10/31/96; 18.19.1.7 NMAC - Rn & A, 18 NMAC 19.1.7, 9/14/00]

18.19.1.8 SPECIAL NOTE - CITATION OF STATUTES: Unless otherwise stated, all citations of statutes in regulations promulgated by the taxation and revenue department pertaining to the Motor Vehicle Code are to the New Mexico Statutes Annotated, 1978 (NMSA 1978).

[8/17/94, 10/31/96; 18.19.1.8 NMAC - Rn, 18 NMAC 19.1.8, 9/14/00]

18.19.1.9 OPTIONAL SERVICE FEE: Pursuant to Subsection E of Section 66-2-16 NMSA 1978, the following fees for optional services will be charged.

A. In addition to the fee imposed under Subsection C of Section 66-3-6 NMSA 1978, a fee of fifty cents ($0.50) will be charged for issuance of the security version of the temporary retail-sale permit.

B. A fee of five dollars ($5.00) will be charged for furnishing pleading forms for the district court action to restore a driver's privilege under Section 66-8-112 NMSA 1978.

C. The secretary may impose additional fees, not to exceed ten dollars ($10.00) per transaction, to recover the expenses associated with providing optional services for the convenience of the motoring public. These fees will only be charged to persons taking advantage of the service.

[3/15/96, 10/31/97; 18.19.1.9 NMAC - Rn & A, 18 NMAC 19.1.9, 9/14/00; A, 7/31/09]

18.19.1.10 [Reserved]

[3/31/98; 18.19.1.10 NMAC - Rn, 18 NMAC 19.1.10, 9/14/00; Repealed, 6/14/02]

18.19.1.11 REQUIREMENTS FOR ELECTRONIC ACCESS TO PERSONAL INFORMATION:

A. All electronic access to vehicle registration, driver’s license or other data collected and maintained by the department pursuant to the Motor Vehicle Code that contains “personal information”, as that term is defined in Section 66-1-4.14 NMSA 1978, must utilize a data delivery system that meets the minimum requirements established by the department.

B. The department may require any person outside the department seeking electronic access to vehicle registration, driver’s license or other data collected and maintained by the department pursuant to the Motor Vehicle Code that contains “personal information”, as that term is defined in Section 66-1-4.14 NMSA 1978, to sign a written agreement regarding minimum technical requirements, the segregation and, where appropriate, suppression of personal information and creation of audit reports and other information so that the department may verify compliance with the requirements agreed to.

[18.19.1.11 NMAC - N, 5/15/01]

HISTORY OF 18.19.1 NMAC:

Pre-NMAC History: Certain material in this part was derived that previously filed with the Commission of Public Records - State Records Center and Archives:

TRD MVC 1-4.4:1, Regulation Pertaining to the Motor Vehicle Code, 3/16/92.

TRE Rule MVC 1-94, Regulations Pertaining to the Motor Vehicle Code, 8/17/94.