2018 New Mexico Statutes
Chapter 66 - Motor Vehicles
Article 3 - Registration Laws; Security Interests; Anti-Theft Provisions; Bicycles; Equipment; Unsafe Vehicles; Off-Highway Motor Vehicles; Other Vehicles
Section 66-3-101 - Transfer by owner; recordation of mileage of vehicle; use of the plate and registration number on another vehicle.
A. When the owner of a registered vehicle sells, transfers or assigns the owner's title to or interest in, and delivers the possession of, the vehicle to another, the registration of the vehicle shall expire. The previous owner shall notify the division of the sale or transfer giving the date thereof, the name and address of the new owner and such description of the vehicle as may be required in the appropriate form provided for such purpose by the division. In the case of any transfer, including but not limited to a transfer resulting from a sale, lease, gift or auction of any vehicle, the person making the transfer shall sign and shall record on the document evidencing the transfer of the vehicle the actual mileage of the vehicle as indicated by the vehicle's odometer at the time of the transfer.
B. When the owner of a registered vehicle sells, transfers or assigns title to or interest in the vehicle, the owner shall remove the registration plates from the vehicle, except as provided in Subsection C of this section, and either forward the registration plates to the division or its authorized agent to be destroyed or apply to have the plate and the registration number assigned to another vehicle of the same class. The division may assign the plate and registration number to the newly acquired vehicle of the same class only upon payment of the registration fee, if applicable, and only if the application is made in the name of the original registered owner, unless the owner's name has been changed by marriage, divorce or court order.
C. When the owner of a vehicle bearing a current registration plate of a foreign state, territory or country transfers or assigns the owner's title or interest in the vehicle, the foreign registration plate shall be delivered, together with the title to the vehicle and evidence of registration, to the division or its authorized agent at the time application is made for a New Mexico registration plate, except when the assignment or transfer of the title is to a bona fide resident of the foreign state, territory or country in which the vehicle is registered.
D. The registration plate shall not be displayed on the newly acquired vehicle until the registration of the vehicle has been completed and a new registration certificate issued. However, the temporary registration permit issued for the vehicle by the dealer pursuant to the provisions of Section 66-3-6 NMSA 1978 shall be displayed in accordance with Subsection B of Section 66-3-18 NMSA 1978.
History: 1953 Comp., § 64-3-101, enacted by Laws 1978, ch. 35, § 48; 1981, ch. 361, § 9; 1995, ch. 44, § 4; 2001, ch. 141, § 2; 2007, ch. 319, § 24.
Cross references. — For other provisions concerning disposition of license plates after transfer, see 66-3-104 NMSA 1978.
For motor vehicle sales financing, see 58-19-1 NMSA 1978 et seq.
The 2007 amendment, effective June 15, 2007, amended Subsection B to delete the credit of registration fees upon transfer of title; and added Subsection D.
The 2001 amendment, effective June 15, 2001, in Subsection B, inserted "apply to" preceding "have the plate", inserted "less a credit amount, if applicable, representing the unexpired portion of the registration fee as provided in Section 66-3-20.1 NMSA 1978", and deleted "and regulations" following "rules".
The 1995 amendment, effective July 1, 1995, added "except as provided in Subsection B of this section" at the end of the first sentence in Subsection A; inserted "difference, if any, between the paid registration fee and the new registration fee and the" near the end of Subsection B; and made minor stylistic changes.
Statutory method of transfer not exclusive. — The title provisions are not to be interpreted as providing an exclusive method for transferring title. This conclusion is strongly supported by the provision of Section 64-3-10, 1953 Comp. (similar to Section 66-3-12 NMSA 1978) that the certificate of title is prima facie evidence of ownership. Such language clearly indicates an intention that the certificate of title is only evidence of ownership and that the same may be shown by other proof. Schall v. Mondragon, 1964-NMSC-107, 74 N.M. 348, 393 P.2d 457; Clovis Fin. Co. v. Sides, 1963-NMSC-065, 72 N.M. 17, 380 P.2d 173.
When title passes. — Since New Mexico does not require an exclusive or mandatory method of transferring title to an automobile, it therefore follows that title and ownership pass when the parties intend it to pass. Schall v. Mondragon, 1964-NMSC-107, 74 N.M. 348, 393 P.2d 457.
Question of automobile ownership is for jury. — Question of ownership of automobile in suit on insurance policy is one for the jury, where alleged owner was a part-time salesman for an automobile dealer under an arrangement whereby salesman was to sell the car or keep it himself, paying off the balance. Knotts v. Safeco Ins. Co. of Am., 1967-NMSC-213, 78 N.M. 395, 432 P.2d 106.
Transfer of plates. — The motor vehicle department (now motor vehicle division) may permit the transfer of registration plates from one motor vehicle to another when the registrant purchases or otherwise acquires ownership of a different automobile during license period. 1959-60 Op. Att'y Gen. No. 59-146.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 7A Am. Jur. 2d Automobiles and Highway Traffic §§ 30 to 37.
Motor vehicle certificate of title or similar document as, in hands of one other than legal owner, indicia of ownership justifying reliance by subsequent purchaser or mortgagee without actual notice or other interests, 18 A.L.R.2d 813.
Rights of seller of motor vehicle with respect to purchase price or security on failure to comply with laws concerning transfer of title, 58 A.L.R.2d 1351.
60 C.J.S. Motor Vehicles §§ 39, 40.
