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 66-3-119 - Vehicle or motor vehicle to be dismantled.

A. Except as provided in Sections 66-3-114 through 66-3-121 NMSA 1978, any person who sells, gives away, trades or disposes of any vehicle or motor vehicle as scrap or to be dismantled or destroyed by any person required to be licensed under Section 66-4-1 NMSA 1978, shall assign the certificate of title of such vehicle or motor vehicle to the recipient and shall deliver the same to the recipient. A licensed dismantler receiving any registration plates shall either return them to the owner upon demand or surrender them, within five days of receiving the plates, to the division.

B. Except as provided in Sections 66-3-114 through 66-3-121 NMSA 1978, no person shall dismantle or destroy a vehicle or motor vehicle unless he possesses a certificate of title or other proof of ownership of the vehicle or motor vehicle and completes and sends in the dismantler's notification form to the motor vehicle division and any law enforcement agency designated by the motor vehicle division for that purpose.

C. Any person licensed under Section 66-4-1 NMSA 1978 may take possession of an abandoned motor vehicle provided:

(1) he obtains at the time of acquisition a written clearance form from a law enforcement agency mentioned in Section 66-3-121 NMSA 1978;

(2) he, within five days after acquisition of said vehicle or motor vehicle, requests from the motor vehicle division an official printout indicating the names and addresses of all lienholders and owners of record. If the vehicle or motor vehicle has out-of-state license plates or the licensee has some other reason to believe that the vehicle or motor vehicle is registered in a state other than New Mexico, he must request the same information from the appropriate agency of that state;

(3) he, within five days after receiving the names and addresses of all lienholders and owners of record, informs them by certified mail, return receipt requested, of his possession of the vehicle or motor vehicle and all charges against the vehicle or motor vehicle, if any, and of his intent to dispose of said vehicle if no claim be made within thirty days after the delivery of the letter;

(4) in those cases where neither the motor vehicle division, nor the appropriate state agency specified in this section, is able to furnish the names of any lienholders or owners of record, the vehicle shall then be deemed as abandoned; and a licensed dismantler may dispose of the vehicle or motor vehicle once he has properly completed a dismantler's notification form for the vehicle or motor vehicle and has mailed one copy of the form to the motor vehicle division, and one copy of the form to the law enforcement agency designated by the motor vehicle division for that purpose, together with a copy of the correspondence with either the motor vehicle division or the state agency specified in this section indicating that there are no lienholders or owners of record;

(5) when a lienholder or owner of record is known and the required notice has been sent, and the dismantler has waited the required thirty days and has not received a valid claim, he shall properly complete a dismantler's notification form for the vehicle or motor vehicle and send one copy of the form together with any correspondence with the motor vehicle division or appropriate state agency specified in this subsection, indicating the names and addresses of lienholders and owners of record plus proof of notification, together with an affidavit signed by the dismantler stating under oath or affirmation that he has complied with provisions of this section and he has not received during the thirty-day period following notification any valid claim against the vehicle or motor vehicle in question, or while a valid claim has been made, he has not received within sixty days following such notification payment for fees connected with towing and storage of the vehicle or motor vehicle in question. One copy of the dismantler's notification form shall be sent to the law enforcement agency designated by the motor vehicle division for that purpose;

(6) any person who fails to give notice required in this subsection within the time limit specified shall forfeit all liens, interest and claims to the vehicle or motor vehicle in question if claimed by an owner or lienholder;

(7) failure of an owner or lienholder to assert a claim or to pay all legal storage or towing fees, if any, within the specified period of time shall result in that person's forfeiture of liens, interest or claims to the vehicle or motor vehicle; and

(8) upon complying with the above conditions and waiting the required period of time, such a vehicle or motor vehicle shall be deemed the property of the dismantler for dismantling or salvage purposes and he shall not be required to take further action under the lien laws of this state unless the vehicle or motor vehicle is used for other than dismantling or salvage purposes, and any person licensed under Section 66-4-1 NMSA 1978, may dismantle or destroy such a vehicle or motor vehicle.

History: 1953 Comp., § 64-3-119, enacted by Laws 1978, ch. 35, § 66.

Cross references. — For definition of "abandoned vehicle", see 66-1-4.1 NMSA 1978.

For definition of "lien or encumbrance", see 66-1-4.10 NMSA 1978.

For definition of "owner", see 66-1-4.13 NMSA 1978.

For notice requirements, see 66-2-11 NMSA 1978.

For penalty for violation of this section, see 66-4-9 NMSA 1978.

Past registration of vehicle does not preclude being abandoned. — Past registration in New Mexico of a vehicle or motor vehicle does not preclude it from being "abandoned," provided that all other criteria contained in 64-4-13, 1953 Comp. (similar to this section) are satisfied, and further provided that a notice has been sent to the last known address of all parties who may have an interest in the vehicle, according to department of motor vehicle records (now motor vehicle division), and no such party has asserted a claim to, or interest in, the vehicle in response to the notice sent to them. 1976 Op. Att'y Gen. No. 76-10.