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 66-3-13 - Evidence of registration to be signed and exhibited on demand.

A. Every owner, upon receipt of registration evidence, shall write that owner's signature thereon in a space provided. Every such registration evidence or duplicate of registration evidence validated by the division shall be exhibited upon demand of any police officer.

B. A person charged with violating the provisions of this section shall not be convicted if the person produces, in court, evidence of a signed registration valid at the time of issuance of the citation.

History: 1953 Comp., § 64-3-13, enacted by Laws 1978, ch. 35, § 33; 2013, ch. 204, § 2.

Cross references. — For requirement that license be carried and exhibited on demand, see 66-5-16 NMSA 1978.

The 2013 amendment, effective July 1, 2013, provided that a person cited for no registration shall not be convicted if the person produces evidence of compliance in court; in Subsection A, in the second sentence, after "evidence or duplicate", deleted "thereof" and added "of registration evidence"; and added Subsection B.

Stops for safety reasons. — 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.

Section does not authorize random detention based on hunches. — Sections 64-3-11 and 64-13-49, 1953 Comp. (similar to this provision and 66-5-16 NMSA 1978 respectively) grant the police the unquestioned good faith right to detain motor vehicles for the purpose specified, but when the detention becomes an excuse for some other purpose which would not be lawful, the actions then become unreasonable. The sections do not nor cannot authorize a random selection of motorists based on a "hunch" or a "guesstimate" that some law has been broken, as such would violate minimum federal constitutional standards. State v. Ruud, 1977-NMCA-072, 90 N.M. 647, 567 P.2d 496.

Random and routine check not unconstitutional. — There is no violation of constitutional standards where a state police officer in New Mexico stops the driver of a motor vehicle for the purpose of making a routine check of driver's license and vehicle registration on a random, or arbitrary basis, i.e., the officer having no reasonable suspicion that any law had been broken. United States v. Jenkins, 528 F.2d 713 (10th Cir. 1975), but see Delaware v. Prouse, 440 U.S. 648, 99 S. Ct. 1391, 59 L. Ed. 2d 660 (1979).

Demanding proof of registration and display of license lawful. — Demanding proof of registration of the vehicle and the displayment of the driver's license were a lawful and necessary carrying out of the New Mexico statutes regulating motor vehicles and were not violative of minimum federal constitutional standards. United States v. Lepinski, 460 F.2d 234 (10th Cir. 1972).

Detention unlawful when it becomes mere subterfuge for another purpose. — In conducting general license and registration checks under Sections 64-3-11 and 64-13-49, 1953 Comp. (similar to this section and Section 66-5-16 NMSA 1978, respectively) the actions of the police must be in conformity with the constitutional requirements of the U.S. Const., amend. IV; and when the detention permitted by the statute becomes a mere subterfuge or excuse for some other purpose which would not be lawful the actions then become unreasonable and fail to meet the constitutional requirement. State v. Bloom, 1976-NMCA-035, 90 N.M. 226, 561 P.2d 925, rev'd on other grounds, 1977-NMSC-016, 90 N.M. 192, 561 P.2d 465 (defendants were lawfully stopped and checked).

When occupants "conspicuous" temporary detaining permissible. — Temporarily detaining driver and the occupants of a vehicle for the purpose of a license and registration check was justified where the individuals and the vehicle were conspicuous, the occupants were young, and the car was a new and very expensive one, and there was no proof of registration or ownership. United States v. Fallon, 457 F.2d 15 (10th Cir. 1972).

Suspicious behavior allowed to prompt legal check. — A police officer was reasonably investigating the suspicious behavior of the defendants, who had driven into a shopping center's parking area, parked and were looking into parked cars, at license plates and into windows. After identifying himself, the defendants willingly accompanied the officer to the parking lot. This does not show that an arrest occurred. At the lot, the defendants were unable to produce their car's registration and were cited for violation of the statute. The officer requested they go with him to the station house while the car could be checked out. Defendants did not object. Upon report that the car was stolen, a lawful arrest was promptly made. The officers properly carried out a legitimate investigative function which did not destroy the admissibility of the evidence obtained. United States v. Self, 410 F.2d 984 (10th Cir. 1969).

Nonresident may be required to show vehicle "duly registered". — Under a systematic check of the registration of all motor vehicles being operated on New Mexico roads, resident motorists can be required to show proof of registration under Section 64-3-11, 1953 Comp. (similar to this section) and a nonresident motorist can be required to show proof that his out-of-state vehicle is "duly registered in" some foreign state as is required under Section 64-6-1A, 1953 Comp. (similar to Section 66-3-301 NMSA 1978). In conducting such checks of vehicle registration an officer can detain a nonresident motorist for a brief time on the road to determine whether his vehicle is "duly registered in" the foreign state. 1966 Op. Att'y Gen. No. 66-62.

Check cannot be used as pretext for search. — The systematic check of registration of motor vehicles may not be used merely as a pretext for searching vehicles. The purpose of the check must be for a good faith examination of the driver's license or vehicle registration. 1966 Op. Att'y Gen. No. 66-62.

Am. Jur. 2d A.L.R. and C.J.S. references. — Validity and construction of statute making it a criminal offense for the operator of a motor vehicle not to carry or display his operator's license or the vehicle registration certificate, 6 A.L.R.3d 506.

Validity of routine roadblock by state or local policy for purposes of discovery of driver's license, registration, and safety violations. 116 A.L.R.5th 479.

Authority of public official, whose duties or functions generally do not entail traffic stops, to effectuate traffic stop of vehicle. 18 A.L.R. 6th 519.