A. Prior to taking actual possession of a vehicle that an auto recycler has purchased, the auto recycler shall verify with the department if the vehicle has been reported stolen by checking an electronic system maintained by the department. The auto recycler shall include the seller's name, address, contact information and unique auto recycling license number of the purchaser, unless the purchaser is not a licensed auto recycler, in which case the auto recycler shall include the unique number of the purchaser's government-issued identification document.
B. Within two business days following the date the vehicle purchase transaction is completed, the auto recycler shall report the purchase to the department in an electronic format.
C. The reporting requirements pursuant to Subsection B of this section shall include:
(1) the name, address and contact information of the seller and the purchaser;
(2) the unique auto recycling license number of the seller, unless the seller is not a licensed auto recycler, in which case the unique number of the seller's government-issued identification document;
(3) the unique auto recycling license number of the purchaser, unless the purchaser is not a licensed auto recycler, in which case the unique number of the purchaser's government-issued identification document;
(4) the make, model, year, vehicle identification number and, if available, current odometer reading of the vehicle;
(5) the dates of the transfer of ownership of the vehicle;
(6) a statement specifying if the vehicle was, or will be, crushed, disposed of or used for other purposes; and
(7) a statement specifying if the vehicle is intended for export outside of the United States.
D. The department shall maintain and make available to auto recyclers an electronic system that allows auto recyclers to verify, prior to taking actual possession of a vehicle that an auto recycler has purchased, that the vehicle has not been reported stolen. If the electronic system shows that the vehicle was reported stolen, the auto recycler shall not complete the transaction and shall notify a law enforcement agency of the current location of the vehicle and identification information provided by the person attempting to transfer ownership of the vehicle. If the electronic system shows that the vehicle was not reported stolen, the auto recycler may proceed with the transaction and shall not be held criminally or civilly liable if the vehicle was stolen, unless the auto recycler had knowledge that the vehicle was stolen.
E. The department shall make information contained in the electronic system available, without charge and upon request, to any law enforcement agency or the department, when the person acting on behalf of the agency or department is acting within the course and scope of the agency's or department's duties. Except as authorized by this section, the department shall not release personally identifiable information received under this section.
F. This section shall not apply to sales at salvage pools.
History: Laws 2018, ch. 75, § 1.
Effective dates. — Laws 2018, ch. 75, § 8 made Laws 2018, ch. 75, § 1 effective January 1, 2019.
Structure New Mexico Statutes
Article 4 - Licensing of Dealers and Wreckers
Section 66-4-1.1 - Auto recycler license; presumption of conducting business.
Section 66-4-2 - Department to issue license.
Section 66-4-2.1 - Recreational vehicle dealers; licensure; special events.
Section 66-4-2.2 - Off-site sales.
Section 66-4-4 - Criminal offender's character evaluation.
Section 66-4-5 - Records of purchases, of sales and of vehicles dismantled.