The following motor vehicles are exempt from the Mandatory Financial Responsibility Act:
A. a motor vehicle owned by the United States government, any state or any political subdivision of a state;
B. an implement of husbandry or special mobile equipment that is only incidentally operated on a highway;
C. a motor vehicle operated upon a highway only for the purpose of crossing such highway from one property to another;
D. a commercial motor vehicle registered or proportionally registered in this and any other jurisdiction, provided such motor vehicle is covered by a motor vehicle insurance policy or equivalent coverage or other form of financial responsibility in compliance with the laws of any other jurisdiction in which it is registered;
E. a motor vehicle approved as self-insured by the superintendent of insurance pursuant to Section 66-5-207.1 NMSA 1978; and
F. any motor vehicle when the owner has submitted to the department a signed statement, in the form prescribed by the department, declaring that the vehicle will not be operated on the highways of New Mexico and explaining the reasons therefor.
History: 1978 Comp., § 66-5-507, enacted by Laws 1983, ch. 318, § 8; 1986, ch. 111, § 1; 1998, ch. 34, § 8.
Recompilations. — Laws 1983, ch. 318, § 8, recompiled former 66-5-207 NMSA 1978, relating to the meaning of "judgment," as 66-5-209 NMSA 1978, effective January 1, 1984.
The 1998 amendment, effective July 1, 1998, in Subsection D, substituted "insurance" for "liability policy or certified motor vehicle liability" following "a motor vehicle", inserted "equivalent coverage or" following "policy or"; in Subsection F, substituted "department" for "division" twice, and deleted "as may be" following "form"; and made minor stylistic changes.
Self-insured car rental company exempt. — A self-insured car rental company was not subject to the requirements of the Mandatory Financial Responsibility Act. Cordova v. Wolfel, 1995-NMSC-061, 120 N.M. 557, 903 P.2d 1390.
A regulation on the requirements for obtaining a certificate of self-insurance stating that car rental agreements must provide that the lessor shall be primarily liable and that the lessee shall be secondarily liable under the Mandatory Financial Responsibility Act did not make the Act applicable to a self-insured car rental company, because that interpretation would directly conflict with Subsection E which explicitly exempts self-insured vehicles. Cordova v. Wolfel, 1995-NMSC-061, 120 N.M. 557, 903 P.2d 1390.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 60 C.J.S. Motor Vehicles § 111.
Structure New Mexico Statutes
Part 3 - FINANCIAL RESPONSIBILITY
Section 66-5-201 - Short title.
Section 66-5-203 - Director to administer act.
Section 66-5-204 - Administrative and court review.
Section 66-5-205.2 - Repealed.
Section 66-5-205.3 - Motor vehicle insurance policy; procedures.
Section 66-5-207 - Exempt motor vehicles.
Section 66-5-207.1 - Self-insurers.
Section 66-5-208 - Evidence of financial responsibility; amounts and conditions.
Section 66-5-209 - Meaning of "judgment".
Section 66-5-210 - Settlement agreements for payment of damages.
Section 66-5-211 - When courts to report nonpayment of judgments.
Section 66-5-213 - Exception when consent granted by judgment creditor.
Section 66-5-214 - Discharge in bankruptcy.
Section 66-5-215 - Payments sufficient to satisfy requirements.
Section 66-5-216 - Installment payment of judgments; default.
Section 66-5-217 - Action if breach of agreement.
Section 66-5-218 - Alternate methods of giving evidence.
Section 66-5-220 - Default by nonresident insurer.
Section 66-5-222 - Driver exclusion endorsement form.
Section 66-5-224 - Act not to affect other policies.
Section 66-5-225 - Bond as evidence.
Section 66-5-226 - Cash deposit as evidence.
Section 66-5-227 - Application of cash deposit.
Section 66-5-228 - Substitution of evidence.
Section 66-5-229 - Duration of evidence; when filing of evidence may be waived.
Section 66-5-230 - Surrender of license and registration.
Section 66-5-231 - Forged evidence.
Section 66-5-232 - Sampling; letter to owner.
Section 66-5-233 - Affirmation form.
Section 66-5-234 - Registration; application and renewal.
Section 66-5-235 - False affirmation; violation.
Section 66-5-236 - Suspension for nonpayment of judgment or for false affirmation.
Section 66-5-237 - Past application of act.
Section 66-5-238 - Act not to prevent other process.
Section 66-5-239 - No civil liability.
Section 66-5-240 - Recompiled.
Section 66-5-242 - Recompiled.
Section 66-5-244 - Recompiled.
Section 66-5-245 - Recompiled.
Section 66-5-247 - Recompiled.