2018 New Mexico Statutes
Chapter 66 - Motor Vehicles
Article 2 - Motor Vehicle Division of Taxation and Revenue Department
Section 66-2-12 - Police authority of division.
A. The director and such officers, deputies and inspectors of the division as he shall designate by the issuance of credentials shall have the powers:
(1) of peace officers for the purpose of enforcing the provisions of the Motor Vehicle Code [66-1-1 NMSA 1978];
(2) to make arrests upon view and without warrant for any violation committed in their presence of any of the provisions of the Motor Vehicle Code;
(3) when on duty, upon reasonable belief that any vehicle is being operated in violation of any provision of the Motor Vehicle Code, to require the driver thereof to stop and exhibit his driver's license and the registration evidence issued for the vehicle and submit to an inspection of such vehicle, the registration plate and registration evidence thereon or to an inspection and test of the equipment of such vehicle;
(4) [to] inspect any vehicle of a type required to be registered hereunder in any public garage or repair shop or in any place where such vehicles are held for sale or wrecking, for the purpose of locating stolen vehicles and investigating the title and registration thereof; and
(5) to determine by inspection that all dealers and wreckers of vehicles are in compliance with the provisions of the Motor Vehicle Code with particular reference to but not limited to the requirements for an established place of business and for records.
B. The director may issue credentials to officers of state and local law enforcement agencies as evidence of the division's intent to fully implement the enforcement of the provisions of the Motor Vehicle Code.
History: 1953 Comp., § 64-2-12, enacted by Laws 1978, ch. 35, § 16.
Cross references. — For peace officers, see 29-1-1 NMSA 1978 et seq.
For the definition of "peace officer", see 30-1-12 NMSA 1978.
Bracketed material. — The bracketed material in Subsection A(4) was inserted by the compiler and it is not part of the law.
Constitutionality. — Under Sections 66-2-12A(3), 66-3-13, and 66-5-16 NMSA 1978, a law enforcement officer is permitted to ask for a driver's license, registration, and proof of insurance once an officer stops an automobile for safety reasons. Those statutes are consistent with the constitutional protections against unreasonable searches and seizures afforded by the Fourth Amendment of the U.S. Constitution and N.M. Const., art. II, § 10. State v. Reynolds, 1995-NMSC-008, 119 N.M. 383, 890 P.2d 1315.
Administrative warrant required. — Paragraphs (4) and (5) of Subsection A of this section require the issuance of an administrative warrant, absent consent or an emergency situation, and what constitutes an emergency situation must be decided case by case. State v. Galio , 1978-NMCA-068, 92 N.M. 266, 587 P.2d 44, cert. quashed, 92 N.M. 260, 586 P.2d 1089 (decided under former law).
Designation of motor transportation division inspectors to enforce code. — By agreement, the motor vehicle division can designate motor transportation division inspectors, whose primary duties are to enforce the Motor Carrier Act (Sections 65-2-80 to 65-2-127 NMSA 1978) and other laws regulating commercial vehicles, to enforce the Motor Vehicle Code against noncommercial vehicles. 1992 Op. Att'y Gen. No. 92-02.
Credentials for municipal police officers. — Absent a statutory exception, such as fresh pursuit or the issuance of credentials by the Motor Vehicle Division, a municipal police officer's authority to enforce the Motor Vehicle Code is limited to the city limits of the municipality where he is employed. 1988 Op. Att'y Gen. No. 88-77.
Law reviews. — For comment, "State v. Galio: An Administrative Search?" see 9 N.M.L. Rev. 419 (1979).
Am. Jur. 2d, A.L.R. and C.J.S. references. — Validity of routine roadblocks by state or local police for purpose of discovery of vehicular or driving violations, 37 A.L.R.4th 10.
Search and seizure: lawfulness of demand for driver's license, vehicle registration, or proof of insurance pursuant to police stop to assist motorist, 19 A.L.R.5th 884.
Validity of police roadblocks or checkpoints for purpose of discovery of alcoholic intoxication - post-Sitz cases, 74 A.L.R.5th 319.
Validity of police roadblocks or checkpoints for purpose of discovery of illegal narcotics violations, 82 A.L.R.5th 103.
