A. The department shall, upon payment of the required fee, issue to every qualified applicant a license as applied for. Except as provided in Subsection B of this section, the license shall bear the applicant's full legal name; date of birth; sex; current New Mexico residence address; full-face or front-view digital photograph; a unique license number; a date of issuance; an expiration date; a brief description of the licensee; the signature of the licensee; and the licensee's organ donor status. A license shall not be valid unless it bears the signature of the licensee.
B. A standard driver's license shall bear the applicant's full name; date of birth; sex; current New Mexico residence address; full-face or front-view digital photograph; a unique license number; a date of issuance; an expiration date; a brief description of the licensee; the signature of the licensee; and the licensee's organ donor status.
C. The department shall ensure that REAL ID-compliant driver's licenses and standard driver's licenses are distinguishable in color or design but only to the extent that a standard driver's license shall bear the statement: "NOT INTENDED FOR FEDERAL PURPOSES" and a REAL ID-compliant driver's license shall include a gold star pursuant to Section 66-5-15.3 NMSA 1978.
D. A REAL ID-compliant driver's license issued to a foreign national who fails to prove that the foreign national's lawful status will not expire prior to the date on which the license applied for would expire but for the person being a foreign national shall clearly indicate on its face and in the machine readable zone that it is temporary and shall bear the word "TEMPORARY".
History: 1953 Comp., § 64-5-15, enacted by Laws 1978, ch. 35, § 237; 1991, ch. 160, § 12; 2004, ch. 59, § 11; 2016, ch. 79, § 4; 2019, ch. 167, § 7.
Cross references. — For provision that an applicant may have his donor status, as provided in the Jonathan Spradling Revised Uniform Anatomical Gift Act, shown on the license, see 66-5-10 NMSA 1978.
For requirement that the division photograph the driver, see 66-5-47 NMSA 1978.
The 2019 amendment, effective October 1, 2019, provided for REAL ID-compliant licenses, and provided additional requirements for a standard driver's license; in Subsection A, added "Except as provided in Subsection B of this section", and added "and the licensee's organ donor status"; added a new Subsection B and redesignated former Subsection B and C as Subsections C and D, respectively; in Subsection C, after "shall ensure that", added "REAL ID-compliant", after "driver's licenses and", deleted "driving authorization card" and added "standard driver's licenses", and after "color or design", added "but only to the extent that a standard driver's license shall bear the statement: 'NOT INTENDED FOR FEDERAL PURPOSES' and a REAL ID-compliant driver's license shall include a gold star pursuant to Section 66-5-15.3 NMSA 1978"; in Subsection D, added "REAL ID-compliant"; and deleted former Subsection D.
The 2016 amendment, effective May 18, 2016, required the taxation and revenue department to ensure that driver's licenses and driving authorization cards are distinguishable in color, that driving authorization cards clearly state "not for federal purposes", and that driver's licenses issued to certain foreign nationals bear the word "temporary"; added the subsection designation "A", in Subsection A, after "every qualified applicant a", deleted "driver's", after "shall bear the", added "applicant's", after "full", added "legal", after "birth", added "sex", after "current New Mexico", deleted "physical or mailing" and added "residence", after "address", deleted "a", after "front-view", added "digital", and after "photograph", deleted "of the license holder and" and added "a unique license number; a date of issuance; an expiration date"; and added new Subsections B, C and D.
The 2004 amendment, effective March 4, 2004, changed "residence" to "physical or mailing" address and added "a full face or front-view photograph of the license holder".
The 1991 amendment, effective July 1, 1991, in the first sentence, substituted "department" for "division", substituted "qualified applicant" for "applicant qualifying therefor" and deleted "thereon a distinguishing number" following "license shall bear".
REAL ID Act requirements. — The REAL ID Act, Pub. L. 109-13, Div. B, Title II, §§ 201 to 207, May 11, 2005 (8 U.S.C. § 1101 et. seq.), does not, on its face, dictate that states must adopt the REAL ID Act's licensing standards. 2008 Op. Att'y Gen. No. 08-07.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 7A Am. Jur. 2d Automobiles and Highway Traffic § 99.
60 C.J.S. Motor Vehicles § 146.
Structure New Mexico Statutes
Part 1 - OPERATORS' AND CHAUFFEURS' LICENSES
Section 66-5-1.1 - Definition.
Section 66-5-1.2 - Definition; tribe.
Section 66-5-2 - Drivers must be licensed.
Section 66-5-2.1 - Consent to registration with the selective service system; applicability.
Section 66-5-4 - Persons exempt from licensure.
Section 66-5-5 - Persons not to be licensed.
Section 66-5-6 - Health standards advisory board.
Section 66-5-7 - Driver's license; classification; examinations.
Section 66-5-9 - Application for license or renewal.
Section 66-5-10 - Application for license; information; transfer to license.
Section 66-5-11 - Application of minors.
Section 66-5-12 - Release from liability.
Section 66-5-13 - Cancellation of license upon death of person signing minor's application.
Section 66-5-14 - Examination of applicants.
Section 66-5-15 - Licenses issued to applicants.
Section 66-5-15.1 - Notification by licensee.
Section 66-5-15.4 - Driver's licenses and identification cards; acceptance.
Section 66-5-15.5 - Validity; driving authorization cards. (Repealed effective July 1, 2022.)
Section 66-5-16 - License to be carried and exhibited on demand.
Section 66-5-17 - Use of license for identification.
Section 66-5-18 - Altered, forged or fictitious license; penalty.
Section 66-5-19 - Restricted licenses.
Section 66-5-20 - Replacement licenses.
Section 66-5-21.1 - Effect of military service on driver's license.
Section 66-5-22 - Notice of change of address or name.
Section 66-5-23 - Records to be kept by the division.
Section 66-5-24 - Authority of division to cancel license.
Section 66-5-29 - Mandatory revocation of license by division.
Section 66-5-30 - Authority of division to suspend or revoke license.
Section 66-5-31 - Division may require reexamination.
Section 66-5-32 - Period of suspension or revocation.
Section 66-5-33.1 - Reinstatement of driver's license or registration; ignition interlock; fee.
Section 66-5-34 - No operation under foreign license during suspension or revocation in this state.
Section 66-5-35 - Limited driving privilege upon suspension or revocation.
Section 66-5-36 - Right of appeal to court.
Section 66-5-37 - Unlawful use of license.
Section 66-5-38 - Making false affidavit perjury.
Section 66-5-39 - Driving while license suspended; penalties.
Section 66-5-39.1 - Driving while license revoked; penalties.
Section 66-5-39.2 - Driving while license administratively suspended.
Section 66-5-40 - Permitting unauthorized minor to drive.
Section 66-5-41 - Permitting unauthorized person to drive.
Section 66-5-42 - Employing unlicensed driver.
Section 66-5-43 - Renting motor vehicles to unlicensed drivers and minors; exception; record.
Section 66-5-44 - Licenses and permits; duration and fee; appropriation.
Section 66-5-44.1 - Provisional licenses; duration and fee; appropriation.
Section 66-5-47 - Photographs.
Section 66-5-48 - Uniformity of interpretation.
Section 66-5-49 - Driver License Compact enacted.
Section 66-5-50 - Driver License Compact; definitions; cooperation.