A. A person shall not operate on any street or highway a motor vehicle that is registered or required to be registered in this state if that motor vehicle has a sun screening material on the windshield or any window that does not comply with the requirements of this section.
B. Except as otherwise provided in this section, a sun screening material:
(1) when used in conjunction with the windshield, shall be nonreflective, shall not be red, yellow or amber in color and shall be used only along the top of the windshield, not extending downward beyond the ASI line or more than five inches from the top of the windshield, whichever is closer to the top of the windshield; and
(2) when used in conjunction with the safety glazing materials of the side wings or side windows located at the immediate right and left of the driver, the side windows behind the driver and the rearmost window shall be nonreflective, shall have a light transmission of not less than twenty percent and shall be used only on the windows of a motor vehicle equipped with one right and one left outside rearview mirror.
C. Each manufacturer shall:
(1) certify to the division that a sun screening material used by that manufacturer is in compliance with the nonreflectivity and light transmission requirements of this section;
(2) provide a label not to exceed one and one-half square inches in size that:
(a) is installed permanently and legibly between the sun screening material and each glazing surface to which it is applied;
(b) contains the manufacturer's name, the date that the sun screening material was manufactured and the percentage of light transmission; and
(c) is placed in the left lower corner of each glazing surface when facing the motor vehicle from the outside; and
(3) include instructions with the sun screening material for proper installation, including the affixing of the label specified in this subsection.
D. A person shall not:
(1) offer for sale or for use any sun screening material for motor vehicle use not in compliance with this section; or
(2) install any sun screening material on motor vehicles intended for operation on any street or highway without permanently affixing the label specified in Subsection C of this section.
E. The provisions of this section do not apply to a motor vehicle registered in this state in the name of a person, or the person's legal guardian, who has an affidavit signed by a physician or an optometrist licensed to practice in this state that states that the person has a physical condition that makes it necessary to equip the motor vehicle with sun screening material that is in violation of this section. The affidavit shall be in the possession of the person with such a physical condition, or the person's legal guardian, at all times while being transported in the motor vehicle.
F. The light transmission requirement of this section does not apply to windows behind the driver on truck tractors, buses, recreational vehicles, multipurpose passenger vehicles or motor homes. The provisions of this section shall not apply to motor vehicle glazing that complies with federal motor vehicle standards.
G. The provisions of this section do not apply to motor vehicles that have sun screening material on the windshield or any window prior to July 1, 1997.
H. As used in this section:
(1) "light transmission" means the ratio of the amount of total light that passes through a product or material, expressed in percentages, to the amount of the total light falling on the product or material;
(2) "manufacturer" means any person engaged in the manufacturing or assembling of sun screening products or materials designed to be used in conjunction with motor vehicle glazing materials for the purpose of reducing the effects of the sun;
(3) "nonreflective" means designed to absorb light rather than to reflect it; and
(4) "sun screening material" means any film material, substance, device or product that is designed to be used in conjunction with motor vehicle safety glazing materials for reducing the effects of the sun.
I. A person who violates a provision of this section is guilty of a penalty assessment misdemeanor.
History: 1978 Comp., § 66-3-846.1, enacted by Laws 1997, ch. 151, § 2; 2018, ch. 74, § 33.
The 2018 amendment, effective July 1, 2018, reduced the penalty for a violation of the provisions of this section to a penalty assessment misdemeanor, and made technical changes; in Subsection G, after "prior to", deleted "the effective date of this section" and added "July 1, 1997"; and in Subsection I, after "is guilty of a", deleted "petty" and added "penalty assessment", and after "misdemeanor", deleted "and upon conviction shall be punished by a fine of not more than seventy-five dollars ($75.00)".
Structure New Mexico Statutes
Section 66-3-801 - Equipment; prohibited acts.
Section 66-3-802 - When lighted lamps are required.
Section 66-3-803 - Visibility distance and mounted height of lamps.
Section 66-3-804 - Headlamps on motor vehicles.
Section 66-3-805 - Tail lamps.
Section 66-3-806 - New motor vehicles to be equipped with reflectors.
Section 66-3-807 - Stop lamps and turn signals required on designated vehicles.
Section 66-3-808 - Application of succeeding sections.
Section 66-3-809 - Additional equipment required on certain vehicles.
Section 66-3-810 - Color of clearance lamps, side-marker lamps and reflectors.
Section 66-3-811 - Lamps and reflectors; truck tractors and road tractors.
Section 66-3-812 - Lamps and reflectors; large semitrailers, full trailers and house trailers.
Section 66-3-813 - Lamps and reflectors, small semitrailers, house trailers and trailers.
Section 66-3-814 - Lamps and reflectors, pole trailers.
Section 66-3-815 - Lamps and reflectors, combinations in driveaway-towaway operations.
Section 66-3-816 - Mounting of reflectors, clearance lamps and side-marker lamps.
Section 66-3-817 - Clearance lamps to indicate extreme width, height and length.
Section 66-3-818 - Side-marker lamps combined with clearance lamps.
Section 66-3-819 - Combining tail and stop lamps.
Section 66-3-820 - Lighting devices to be electric.
Section 66-3-821 - Requirements for headlamps and auxiliary road-lighting lamps.
Section 66-3-822 - Requirements for clearance, side-marker and other lamps.
Section 66-3-823 - Obstructed lights not required.
Section 66-3-824 - Lamp or flag on projecting load.
Section 66-3-825 - Lamps on parked vehicles.
Section 66-3-826 - Lamps on other vehicles and equipment.
Section 66-3-827 - Spot lamps and auxiliary lamps.
Section 66-3-828 - Signal lamps and signal devices.
Section 66-3-829 - Additional lighting equipment.
Section 66-3-830 - Multiple-beam road-lighting equipment.
Section 66-3-831 - Use of multiple-beam road-lighting equipment.
Section 66-3-832 - Single-beam road-lighting equipment.
Section 66-3-833 - Alternate road-lighting equipment.
Section 66-3-834 - Number of driving lamps required or permitted.
Section 66-3-835 - Special restrictions on lamps.
Section 66-3-836 - Standards for lights on snow-removal equipment.
Section 66-3-837 - Selling or using lamps or equipment.
Section 66-3-838 - Authority of director with reference to safety and lighting devices.
Section 66-3-839 - Revocation of certificate of approval on safety and lighting devices.
Section 66-3-842 - Motorcycle maneuverability.
Section 66-3-843 - Horns and warning devices.
Section 66-3-844 - Mufflers; prevention of noise; emission control devices.
Section 66-3-847 - Restrictions as to tire equipment.
Section 66-3-848 - Safety glazing materials in motor vehicles.
Section 66-3-849 - Certain vehicles to carry flares or other warning devices.
Section 66-3-850 - Buses; additional emergency equipment.
Section 66-3-852 - Stopped vehicles not to interfere with other traffic.
Section 66-3-853 - Emergency signals; disabled vehicle.
Section 66-3-854 - Emergency signals; stopped or parked vehicles.
Section 66-3-855 - Emergency signals; flame producing.
Section 66-3-856 - Emergency signals; dangerous cargoes.
Section 66-3-857 - Red flags; stopped vehicles.
Section 66-3-858 to 66-3-872 - Repealed.
Section 66-3-874 - Safety belts required.
Section 66-3-875 - Safety belts; type and manner of installation.
Section 66-3-876 to 66-3-886 - Repealed.