2020 New Mexico Statutes
Chapter 66 - Motor Vehicles
Article 5 - Licensing of Operators and Chauffeurs; Financial Responsibility; Uninsured Motorists' Insurance; Identification Cards
Part 1 - OPERATORS' AND CHAUFFEURS' LICENSES
Section 66-5-9 - Application for license or renewal.
A. An application for a license or a renewal of a license shall be made upon a form furnished by the department. An application shall be accompanied by the proper fee. For licenses other than those issued pursuant to the New Mexico Commercial Driver's License Act, submission of a complete application with payment of the fee entitles the applicant to not more than three attempts to pass the examination within a period of six months from the date of application.
B. An application for a REAL ID-compliant driver's license, an instruction permit or provisional license, or renewal of a REAL ID-compliant driver's license, instruction permit or provisional license shall contain the applicant's full legal name; date of birth; sex; and current New Mexico residence address and shall briefly describe the applicant and indicate whether the applicant has previously been licensed as a driver and, if so, when and by what state or country and whether any such license has ever been suspended or revoked or whether an application has ever been refused and, if so, the date of and reason for the suspension, revocation or refusal.
C. An application for a standard driver's license or a renewal of a standard driver's license shall contain the applicant's full name; date of birth; sex; and New Mexico residence address of the applicant and briefly describe the applicant and indicate whether the applicant has previously been licensed as a driver and, if so, when and by what state or country and whether any such license has ever been suspended or revoked or whether an application has ever been refused and, if so, the date of and reason for the suspension, revocation or refusal.
D. A valid license shall satisfy the department's identity, age and New Mexico residency requirements for the issuance or renewal of a standard driver's license to an applicant.
E. The secretary shall establish by regulation documents that may be accepted as evidence of the residency of the applicant. A person applying for or renewing a REAL ID-compliant driver's license shall provide documentation required by the federal government of the applicant's identity; date of birth; social security number, if applicable; address of current residence; and lawful status. For an applicant for a REAL ID-compliant driver's license or a renewal of a REAL ID-compliant driver's license, the department shall verify the applicant's lawful status and social security number, if applicable, through a method approved by the federal government.
F. Pursuant to the federal REAL ID Act of 2005, the secretary shall establish a written, defined exception process to allow a person to demonstrate the person's identity, age and lawful status. The process shall allow a person to use a certified letter of enrollment or a valid identification card issued by a federally recognized Indian nation, tribe or pueblo to demonstrate the person's identity or age or to demonstrate the person's lawful status, if applicable.
G. A person with lawful status may apply for a REAL ID-compliant driver's license or a standard driver's license.
H. An applicant shall indicate whether the applicant is applying for a REAL ID-compliant driver's license or a standard driver's license. The department shall issue a standard driver's license to an applicant who is otherwise eligible for a REAL ID-compliant driver's license but who does not provide proof of lawful status and who affirmatively acknowledges that the applicant understands that a standard driver's license may not be valid for federal purposes. An applicant who does not provide proof of lawful status shall only apply for a standard driver's license. Except as otherwise provided in the Motor Vehicle Code, the department shall treat driving authorization cards and standard driver's licenses as REAL ID-compliant driver's licenses.
I. An application by a foreign national with lawful status for a REAL ID-compliant driver's license shall contain the unique identifying number and expiration date, if applicable, of the foreign national's valid passport, valid visa, employment authorization card issued under the applicant's approved deferred action status or other arrival-departure record or document issued by the federal government that conveys lawful status. The department may issue to an eligible foreign national applicant a REAL ID-compliant driver's license that is valid for a period not to exceed the duration of the applicant's lawful status; provided that if that date cannot be determined by the department and the applicant is not a legal permanent resident, the license shall expire one year after the effective date of the license.
J. An application for a standard driver's license shall include proof of the applicant's identity and age.
K. An applicant shall indicate whether the applicant has been convicted of driving while under the influence of intoxicating liquor or drugs in this state or in any other jurisdiction. Failure to disclose any such conviction prevents the issuance of a license for a period of one year if the failure to disclose is discovered by the department prior to issuance. If the nondisclosure is discovered by the department subsequent to issuance, the department shall revoke the license for a period of one year. Intentional and willful failure to disclose, as required in this subsection, is a misdemeanor.
L. An applicant under eighteen years of age who is making an application for a first New Mexico driver's license shall submit evidence that the applicant has:
(1) successfully completed a driver education course approved by the bureau that included a DWI prevention and education component. The bureau may accept verification of driver education course completion from another state if the driver education course substantially meets the requirements of the bureau for a course offered in New Mexico;
(2) had a provisional license for at least the twelve-month period immediately preceding the date of the application for the driver's license; provided that thirty days shall be added to the twelve-month period for each adjudication or conviction of a traffic violation committed during the time the person was driving with a provisional license;
(3) complied with restrictions on that license;
(4) not been cited for a traffic violation that is pending at the time of application; and
(5) not been adjudicated for an offense involving the use of alcohol or drugs during the twelve-month period immediately preceding the date of the application for the driver's license and that there are no pending adjudications alleging an offense involving the use of alcohol or drugs at the time of application.
M. An applicant eighteen years of age or over, but under twenty-five years of age, who is making an application to be granted a first New Mexico driver's license shall submit evidence with the application that the applicant has successfully completed a bureau-approved DWI prevention and education program.
N. An applicant twenty-five years of age or over who has been convicted of driving under the influence of intoxicating liquor or drugs and who is making an application to be granted a first New Mexico driver's license shall submit evidence with the application that the applicant has successfully completed a bureau-approved DWI prevention and education program.
O. Whenever an application is received from a person previously licensed in another jurisdiction, the department may request a copy of the driver's record from the other jurisdiction. When received, the driver's record may become a part of the driver's record in this state with the same effect as though entered on the driver's record in this state in the original instance.
P. Whenever the department receives a request for a driver's record from another licensing jurisdiction, the record shall be forwarded without charge.
Q. This section does not apply to licenses issued pursuant to the New Mexico Commercial Driver's License Act.
History: 1953 Comp., § 64-5-9, enacted by Laws 1978, ch. 35, § 231; 1979, ch. 71, § 2; 1991, ch. 160, § 11; 1993, ch. 68, § 41; 1995, ch. 45, § 1; 1999, ch. 175, § 4; 2002, ch. 3, § 1; 2003, ch. 31, § 1; 2011, ch. 143, § 4; 2016, ch. 79, § 3; 2019, ch. 167, § 6.
ANNOTATIONSCross references. — For duration and fees for licenses and permits, see 66-5-44 NMSA 1978.
For requirement that applicants for their initial license must produce evidence of their age, see 66-5-47 NMSA 1978.
The 2019 amendment, effective October 1, 2019, renamed driver's licenses and driving authorization cards; deleted "driving authorization card" and added "standard driver's license", and added "REAL ID-compliant" throughout the section; in the section heading, deleted "temporary license, provisional license, instruction permit or driving authorization card"; in Subsection A, after "application for", deleted "an instruction permit, provisional license, driver's", after "renewal of", deleted "an instruction permit, provisional license, driver's", after "For", deleted "permits, provisional licenses, driver's"; in Subsection B, added "for a REAL ID-compliant driver's license, an instruction permit or provisional license, or renewal of a REAL ID-compliant driver's license, instruction permit or provisional license"; added new Subsections C and D, and redesignated former Subsections C through N as Subsections F through Q, respectively; in Subsection H, after "the department", deleted "may" and added "shall"; in Subsection J, deleted Paragraphs (1) through (5); and in Subsection K, after "issuance of a", deleted "driver's", after the next occurrence of "license", deleted "driving authorization card, provisional license, temporary license or instruction permit", after "shall revoke the", deleted "driver's", and after the next occurrence of "license", deleted "driving authorization card, provisional license, temporary license or instruction permit".
The 2016 amendment, effective May 18, 2016, provided for two tiers of driving documents, and created driver's licenses and identification cards that meet the requirements of the federal Real ID Act of 2005; in the catchline, after "provisional license", deleted "or", and after "permit", added "or driving authorization card or renewal"; in Subsection A, after "provisional license", deleted "or", after "driver's license", added "or driving authorization card or a renewal of an instruction permit, provisional license, driver's license or driving authorization card", after "provisional licenses", deleted "or", and after "driver's licenses", added "or driving authorization cards"; in Subsection B, after "shall contain the", deleted "full name, social security number or individual tax identification number" and added "applicant's full legal name", after "sex; and", added "current", after "New Mexico residence address", deleted "of the applicant", after "and", added "shall", after "revocation or refusal", deleted "For foreign nationals applying for driver's licenses, the secretary shall accept the individual taxpayer identification number as a substitute for a social security number regardless of immigration status.", after "The secretary", deleted "is authorized to" and added "shall", after "establish by regulation", deleted "other", after "documents that may be accepted as", deleted "a substitute for a social security number or an individual tax identification number" and added the remainder of the subsection; added new Subsections C through G and redesignated former Subsections C through I as Subsections H through N, respectively; in Subsection H, after "the issuance of a driver's license", added "driving authorization card", and after "shall revoke the driver's license", added "driving authorization card"; in Subsection I, in the introductory sentence, after "New Mexico driver's license", added "or driving authorization card", in Paragraph (2), after "application for the driver's license", added "or driving authorization card", in Paragraph (5), after "application for the driver's license", added "or driving authorization card"; in Subsections J and K, after "New Mexico driver's license", added "or driving authorization card"; and in Subsection N, after "does not apply to", deleted "driver's".
The 2011 amendment, effective June 17, 2011, in Subsection D, required that thirty days be added to the twelve-month period of a provisional license for each traffic violation committed during the period the licensee was driving with a provisional license; and eliminated the restriction on the issuance of a driver's license to a person who has been convicted of a traffic violation that was committed within the ninety-day period prior to applying for the license.
The 2003 amendment, effective June 20, 2003, substituted "An" for "Every" seven times throughout the section; in Subsection B, inserted "or individual tax identification number" following "social security number" near the beginning, inserted "For foreign nationals applying for driver's licenses the secretary shall accept the individual taxpayer identification number as a substitute for a social security number regardless of immigration status." near the end, and added "or an individual tax identification number" at the end.
The 2002 amendment, effective May 15, 2002, added the last sentence in Subsection B; and in Paragraph D(6) deleted "that period" following "during" and added "the twelve-month period immediately preceding the date of the application for the driver's license".
The 1999 amendment, effective January 1, 2000, inserted "provisional license" in the section heading and throughout the section; in Subsection D added the Paragraph (1) designation and added Paragraphs (2) to (6); substituted "twenty-five" for "forty-five" in Subsections E and F; deleted "who has not been previously licensed in other jurisdictions for a cumulative total of more than ten years or" following "and over" in Subsection F; and made minor stylistic changes.
The 1995 amendment, effective July 1, 1995, inserted "but less than forty-five years of age" in Subsection E; added Subsection F; redesignated former Subsections F through H as Subsections G through I; and made a minor stylistic change.
The 1993 amendment, effective July 1, 1994, added current Subsections D and E and redesignated former Subsections D through F as Subsections F to H.
The 1991 amendment, effective July 1, 1991, substituted "department" for "division" in Subsections A, D and E; in Subsection A, divided the former second sentence into two sentences and rewrote the provision which read "Every application shall be accompanied by a proper fee and payment of such fee shall entitle the applicant to not more than three attempts to pass the examination within a period of six months from the date of application"; inserted "social security number" in Subsection B; in Subsection C, divided the former second sentence into two sentences and rewrote the provision which read "Failure to disclose any such conviction shall make the issuance or continued possession of a driver's license, temporary license or instruction permit for a period of one year prohibited"; added Subsection F; and made minor stylistic changes throughout the section.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 7A Am. Jur. 2d Automobiles and Highway Traffic § 99.
60 C.J.S. Motor Vehicles § 156(1).
