2021 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 66-3-18 - Display of registration plates and temporary registration permits; displays prohibited and allowed.

A. The registration plate shall be attached to the rear of the vehicle for which it is issued; however, the registration plate shall be attached to the front of a road tractor or truck tractor. The plate shall be securely fastened at all times in a fixed horizontal position at a height of not less than twelve inches from the ground, measuring from the bottom of the plate. It shall be in a place and position so as to be clearly visible, and it shall be maintained free from foreign material and in a condition to be clearly legible.

B. A demonstration or temporary registration permit shall be firmly affixed to the inside left rear window of the vehicle to which it is issued, unless such display presents a safety hazard or the demonstration or temporary registration permit is not visible or readable from that position, in which case, the demonstration or temporary registration permit shall be displayed in such a manner that it is clearly visible from the rear or left side of the vehicle.

C. No vehicle while being operated on the highways of this state shall have displayed either on the front or the rear of the vehicle any registration plate, including validating sticker, other than one issued or validated for the current registration period by the department or any other licensing authority having jurisdiction over the vehicle. No expired registration plate or validating sticker shall be displayed on the vehicle other than an expired special registration plate, which may be exhibited on the front of the vehicle.

D. Nothing contained in this section shall be construed as prohibiting the use of a promotional or advertising plate on the front of the vehicle.

E. A violation of a provision of this section is a penalty assessment misdemeanor.

History: 1953 Comp., § 64-3-18, enacted by Laws 1978, ch. 35, § 38; 1985, ch. 51, § 1; 1998, ch. 48, § 4; 2005, ch. 16, § 1; 2007, ch. 319, § 20; 2018, ch. 74, § 7.

The 2018 amendment, effective July 1, 2018, provided that any violation of this section is a penalty assessment misdemeanor; and added Subsection E.

The 2005 amendment, effective June 17, 2005, provided that temporary demonstration plates shall be displayed inside the left rear window of the vehicle.

The 1998 amendment, effective July 1, 1998, substituted "plates and temporary permits and plates" for "plate" in the section heading; inserted a new Subsection B and redesignated the remaining Subsections accordingly; in present Subsection C, substituted "department" for "division"; and in present Subsection D, deleted "on the front of the vehicle" following "use" and inserted "on the front of the vehicle" at the end of the subsection.

Subsection A of Section 66-3-18 NMSA 1978 is constitutional and not void for vagueness. State v. Jacquez, 2009-NMCA-124, 147 N.M. 313, 222 P.3d 685, cert. denied, 2009-NMCERT-009, 147 N.M. 421, 224 P.3d 648.

Subsection A of Section 66-3-18 NMSA 1978 requires that all registration information, including the registration sticker, be clearly visible. State v. Jacquez, 2009-NMCA-124, 147 N.M. 313, 222 P.3d 685, cert. denied, 2009-NMCERT-009, 147 N.M. 421, 224 P.3d 648.

Traffic stop for obstruction of registration sticker was valid. — Where a police office stopped defendant because the officer's view of the registration sticker on defendant's license plate was blocked by a frame placed around the plate which prevented the officer from seeing the expiration date of the sticker, the stop was lawful. State v. Jacquez, 2009-NMCA-124, 147 N.M. 313, 222 P.3d 685, cert. denied, 2009-NMCERT-009, 147 N.M. 421, 224 P.3d 648.

Permissible for officer to stop car for violation. — Legibility and visibility of the registration plate would include legibility and visibility of any renewal sticker; thus, it was proper for police officer to stop the defendant where a trailer hitch blocked the renewal stickers on the registration plate. State v. Hill, 2001-NMCA-094, 131 N.M. 195, 34 P.3d 139.

Loose, dangling, swinging plates. — Where license plates were fastened to the car only at one corner of the plates, were loose, dangling and swinging, in violation of Section 64-3-13, 1953 Comp. (similar to this section), the officer, having observed the commission of a criminal offense, was acting within his rights in stopping the car, requiring production of identification of the car and, upon discovering the discrepancies, of taking the car and its driver into town. The development of the information as to the ownership of the car and its unlawful transportation were proper incidents of the search and seizure of the car. United States v. Bongiorno, 444 F.2d 120 (10th Cir. 1971).

Further questioning and search impermissible following license plate stop. — Where an officer stopped defendant's vehicle because of the lack of a license plate, the officer could lawfully ask for driver documentation, but an additional question about whether defendant had any weapons in the car and the officer's subsequent detention and search were not permissible. City of Albuquerque v. Haywood (In re Forfeiture of ($28,000)), 1998-NMCA-029, 124 N.M. 661, 954 P.2d 93, cert. denied, 124 N.M. 589, 953 P.2d 1087.

No exception is made for vehicles of nonresidents. United States v. Bongiorno, 444 F.2d 120 (10th Cir. 1971).

Currency of registration plate. — Law enforcement officer was justified in stopping a vehicle for displaying an expired registration in violation of this section. United States v. Aguilar, 301 F.Supp.2d 1263 (D.N.M. 2004).

Law reviews. — For comment, "State v. Vandenberg: Lowering the Fourth Amendment Bar While Avoiding the Issue of Pretextual Police Conduct," see 35 N.M. L. Rev. 467 (2005).

Am. Jur. 2d, A.L.R. and C.J.S. references. — 7A Am. Jur. 2d Automobiles and Highway Traffic §§ 54, 94, 95.

60 C.J.S. Motor Vehicles §§ 105, 106.