2019 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
Part 1 - REGISTRATION, CERTIFICATES OF TITLE AND REGISTRATION PLATES GENERALLY
Section 66-3-1 - Vehicles subject to registration; exceptions.
A. With the exception of vehicles identified in Subsection B of this section, every motor vehicle, manufactured home, trailer, semitrailer and pole trailer when driven or moved upon a highway and every off-highway motor vehicle is subject to the registration and certificate of title provisions of the Motor Vehicle Code except:
(1) any such vehicle driven or moved upon a highway in conformance with the provisions of the Motor Vehicle Code relating to manufacturers, dealers, lien-holders or nonresidents;
(2) any such vehicle that is driven or moved upon a highway only for the purpose of crossing the highway from one property to another;
(3) an implement of husbandry that is only incidentally operated or moved upon a highway;
(4) special mobile equipment;
(5) a vehicle that is propelled exclusively by electric power obtained from overhead trolley wires though not operated upon rails;
(6) a freight trailer if it is:
(a) properly registered in another state;
(b) identified by a proper base registration plate that is properly displayed; and
(c) identified by other registration documents that are in the possession of the operator and exhibited at the request of a police officer;
(7) a freight trailer or utility trailer owned and used by:
(a) a nonresident solely for the transportation of farm products purchased by the nonresident from growers or producers of the farm products and transported in the trailer out of the state;
(b) a farmer or a rancher who transports to market only the produce, animals or fowl produced by that farmer or rancher or who transports back to the farm or ranch supplies for use thereon; or
(c) a person who transports animals to and from fairs, rodeos or other places, except racetracks, where the animals are exhibited or otherwise take part in performances, in trailers drawn by a motor vehicle or truck of less than ten thousand pounds gross vehicle weight rating bearing a proper registration plate, but in no case shall the owner of an unregistered trailer described in this paragraph perform such uses for hire;
(8) a moped;
(9) an electric personal assistive mobility device;
(10) a vehicle moved on a highway by a towing service as defined in Section 59A-50-2 NMSA 1978; and
(11) an off-highway motor vehicle exempted pursuant to Section 66-3-1005 NMSA 1978.
B. A certificate of title required pursuant to Subsection A of this section is not required for a vehicle of a type subject to registration owned by:
(1) the government of the United States; or
(2) a carrier that is from a jurisdiction that is not a participant in the International Fuel Tax Agreement, that is authorized by the United States government or an agency of the United States government to conduct cross-border operations beyond the commercial border zone pursuant to the provisions of the North American Free Trade Agreement and that identifies New Mexico as the carrier's base jurisdiction.
C. A person who violates the provisions of this section is guilty of a penalty assessment misdemeanor. A person charged with violating this section shall not be convicted if the person produces, in court, evidence of compliance valid at the time of issuance of the citation.
History: 1953 Comp., § 64-3-1, enacted by Laws 1978, ch. 35, § 21; 1999, ch. 227, § 1; 2001, ch. 158, § 1; 2007, ch. 319, § 13; 2007, ch. 320, § 1; 2013, ch. 204, § 1; 2018, ch. 74, § 6.
ANNOTATIONSCross references. — For general definitions applicable to this section, see 66-1-4 to 66-1-4.20 NMSA 1978.
For definition of "special mobile equipment", see 66-1-4.16 NMSA 1978.
For fraudulent applications, see 66-8-1 NMSA 1978.
For false or improper use of evidences of registration, see 66-8-2, 66-8-3 NMSA 1978.
For revocation or suspension of registration, see 66-8-4 to 66-8-6 NMSA 1978.
The 2018 amendment, effective July 1, 2018, reduced the penalty to a penalty assessment misdemeanor any violation of the provisions of this section; and in Subsection C, after "guilty of a", added "penalty assessment", and after "misdemeanor", deleted "as provided in Section 66-8-7 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; and added Subsection C.
The 2007 amendment, effective April 2, 2007, provided that a certificate of title is not required for a vehicle owned by a carrier that is from a jurisdiction that is not a participant in the International Fuel Tax Agreement, that is authorized by the United States government to conduct cross-border operations beyond the commercial border zone pursuant to the provisions of the North American Free Trade Agreement, and that identified New Mexico as the carrier's base jurisdiction.
The 2001 amendment, effective June 15, 2001, added Paragraph A(8).
The 1999 amendment, effective July 1, 1999, in Subsection A, substituted "is subject to" for "shall be subject to", redesignated the ending language of Subsection A as Subsection A(1) which now reads "any such vehicle driven or moved upon a highway in conformance with the provisions of the Motor Vehicle Code relating to manufacturers, dealers, lien-holders or nonresidents"; redesignated Subsections B to E as Subsections A(2) to A(5), added Subsections A(6) and A(7), redesignated former Subsections F and G as Subsections B and C, and made stylistic changes.
I. GENERAL CONSIDERATION.
Lessee driving unregistered vehicle. — Even if a lessee is not responsible for the registration of a vehicle, it would be unlawful for him to drive the vehicle on the New Mexico highways if it was not registered. 1969 Op. Att'y Gen. No. 69-95.
No impoundment of vehicle as security for fine. — A motor vehicle being driven by a person charged with violation of the registration laws may not be impounded and held as security for the fine. 1953 Op. Att'y Gen. No. 53-5732.
Registration of "go-carts". — The self-propelled "go-cart" was a motor vehicle within the intendment of Section 64-1-6, 1953 Comp. (similar to Section 66-1-4.19 NMSA 1978) and was, therefore, subject to registration pursuant to Section 64-3-2, 1953 Comp. (similar to this section) if it was "driven or moved upon a highway." 1964 Op. Att'y Gen. No. 64-148.
Push mobiles. — Go-carts which were not self-propelled but were used as a "push mobile" were "devices moved by human power" expressly excepted from the definition of "vehicle" in Section 64-1-6, 1953 Comp. (similar to Section 66-1-4.19 NMSA 1978) and, therefore, not subject to registration pursuant to Section 64-3-2, 1953 Comp. (similar to this section). 1964 Op. Att'y Gen. No. 64-148.
II. MANUFACTURERS, DEALERS AND NONRESIDENTS.
Nonresident students. — Motor vehicles that are used or operated in New Mexico for more than 30 days by college students who pay nonresident tuition but who are not gainfully employed in New Mexico are subject to registration in New Mexico even though the owner of the motor vehicle resides outside New Mexico and has registered the motor vehicle in his state of residency. 1968 Op. Att'y Gen. No. 68-16.
Military personnel. — The Soldiers' and Sailors' Civil Relief Act (now Servicemembers Civil Relief Act), as applied to motor vehicle registration fees, supersedes the New Mexico law on the subject and the New Mexico law has absolutely no application to persons subject to and who are beneficiaries of the Soldiers' and Sailors' Civil Relief Act (now Servicemembers Civil Relief Act). Therefore, unless a definite indication is made by the soldier or sailor that he has changed his domicile and fully intends that New Mexico be his domicile, and unless that intent is so expressed or unless the person is using the automobile in his trade or business, New Mexico has no authority to require the registration of his motor vehicle in this state. 1953 Op. Att'y Gen. No. 53-5661.
III. CROSSING HIGHWAY.
Crossings within exemption. — The legislature intended that where the crossing required a movement on a highway of more than a relatively short distance, that the exemption should not apply since a person then would be obtaining a use of the highway for which a registration fee should be exacted. 1956 Op. Att'y Gen. No. 56-6429.
Logging truck. — A truck used for logging purposes only is subject to the registration and certificate of title provisions of the Motor Vehicle Act unless it is not moved on the highway except to cross it. 1960 Op. Att'y Gen. No. 60-178.
Snowmobiles. — Snowmobiles, which are occasionally used to cross highways, are not required to be titled and registered. 1967 Op. Att'y Gen. No. 67-76.
IV. IMPLEMENTS OF HUSBANDRY.
Farm tractors, wagons, and movable implements such as cultivators, combines, etc., are certainly exempt and other vehicles which do not meet the qualifications for registration are exempt. 1956 Op. Att'y Gen. No. 56-6429.
Vehicle used as implement exclusively on one's property. — A vehicle which is used as an implement of husbandry, but which is not specifically designed for agricultural purposes, would fall within Section 64-3-2, 1953 Comp. (similar to this section). Such a vehicle is subject to registration if used upon the highways, provided, of course, that such vehicle meets the specifications pertaining to width, height, length, etc. Such a vehicle can be used exclusively on one's property and not used on the highway and be exempt from registration. 1956 Op. Att'y Gen. No. 56-6429.
Pickup truck per se is not an implement of husbandry but could possibly be so used and be exempt from registration. However, if the same is operated on the highways more than just to cross a highway in moving from one property to another, it would be subject to registration. 1956 Op. Att'y Gen. No. 56-6429.
Fertilizer tank trailers which are towed to fields. — Four wheel fertilizer tank trailers, which are six or seven feet long, have a capacity of 500 or 600 gallons, and are loaded from large stationary tanks at the suppliers and then towed to points where commodity is to be used, where the tank is left at the delivery point until the commodity has been used, are subject to motor vehicle licensing in New Mexico. 1967 Op. Att'y Gen. No. 67-73.
V. SPECIAL MOBILE EQUIPMENT.
The "mole" cannot be classified as a vehicle under the Motor Vehicle Code because it is not a device upon, or by which, persons or property may be transported upon a highway. Gibbons & Reed Co. v. Bureau of Revenue, 1969-NMSC-096, 80 N.M. 462, 457 P.2d 710.
Vehicle designed exclusively for transporting well drilling equipment. — While it is true that a "well servicing unit" is not included in the statutory definition of special mobile equipment, it would appear that the unit was designed solely and exclusively for the purpose of transporting the particular machinery for which it is designed and for the accommodation of driver for the same. It is not designed primarily for the transportation of persons or property save as an incident of its use at an appropriate location. A well servicing unit is within the general terms of "special mobile equipment." 1958 Op. Att'y Gen. No. 58-115.
Trailer equipment used on highway only incidentally. — Although any exemption under the 1953 Motor Vehicle Code can only be determined by a court of competent jurisdiction upon a proper complaint of the law enforcement agency observing the use of the vehicle in question, motor vehicular equipment consisting of a tractor which hauls a trailer which is well drilling apparatus, the tractor equipment would not be considered exempt as well drilling apparatus, but the trailer equipment, if being used upon the highway only incidentally to the function of digging wells, would be exempt from registration. 1954 Op. Att'y Gen. No. 54-5906.
Special vehicle hauling exceptional load on highways. — A special motor vehicle rented by a New Mexico firm from an Arizona company and used to haul an exceptional load over New Mexico roads was not "special mobile equipment," despite the fact that it was not normally used for transportation of property over highways. 1969 Op. Att'y Gen. No. 69-95.
Trenching machine conforming to highway operation requirements. — A trenching machine which is mounted upon a regular truck chassis and which is designed for ready and easy use upon the state highways of New Mexico and conforms with the requirements of the New Mexico state highway department for operation upon the highways is not exempt from registration. 1953 Op. Att'y Gen. No. 53-5735.
VI. HOUSE TRAILERS.
House trailers owned by nonmilitary personnel. — The language of the statute covering house trailers is unequivocal. Nonmilitary personnel owning such a vehicle must either have current plates from another state or country or be currently registered in New Mexico regardless of intended use so long as they maintain their characteristic of being a mobile home. 1959 Op. Att'y Gen. No. 59-53.
House trailers owned by military personnel. — House trailers owned by military personnel and located on non-federal reservations are required to display current license plates issued by their place of residence or domicile. 1965 Op. Att'y Gen. No. 65-131.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 7A Am. Jur. 2d Automobiles and Highway Traffic §§ 75 to 84.
Validity of motor vehicle registration laws applied to corporation domiciled in state but having branch trucking bases in other states, 16 A.L.R.2d 1414.
Lack of automobile registration as evidence of negligence, 29 A.L.R.2d 963.
What constitutes farm vehicle, construction equipment, or vehicle temporarily on highway exempt from registration as motor vehicle, 27 A.L.R.4th 843.
60 C.J.S. Motor Vehicles § 58.
