A. Except as otherwise provided, the secretary shall suspend:
(1) the motor vehicle registration for all motor vehicles and the driver's license of any person against whom a judgment has been rendered, the department being in receipt of a certified copy of the judgment on a form provided by the department; or
(2) the registration for a period not to exceed one year of a person who is operating a motor vehicle in violation of Section 66-5-205 NMSA 1978 or falsely affirms the existence of a motor vehicle insurance policy or some other means of satisfying the financial responsibility requirements of the Mandatory Financial Responsibility Act, but only if evidence of financial responsibility is not submitted within twenty days after the date of the mailing of the department's demand for that evidence. The department shall notify the person that the person may request a hearing before the administrative hearings office within twenty days after the date of the mailing of the department's demand.
B. The registration shall remain suspended and shall not be renewed, nor shall any registration be issued thereafter in the name of that person, unless and until every judgment is stayed, satisfied in full or to the extent provided in the Mandatory Financial Responsibility Act and evidence of financial responsibility as required in Section 66-5-218 NMSA 1978 is provided to the department.
History: 1978 Comp., § 66-5-236, enacted by Laws 1983, ch. 318, § 35; 1998, ch. 34, § 18; 2015, ch. 73, § 33.
Repeals and reenactments. — Laws 1983, ch. 318, § 35, repealed former 66-5-236 NMSA 1978, relating to action on bond, and enacts the above section.
The 2015 amendment, effective July 1, 2015, entitled a licensee whose license has been suspended, because of an outstanding judgment or for failing to comply with the Mandatory Financial Responsibility Act, the right to a hearing before the administrative hearings office; and in Subsection A, Paragraph (2), after "the department's demand", deleted "therefor" and added "for that evidence", after "notify the person that", deleted "he" and added "the person", after "may request a hearing", added "before the administrative hearings office", and after "department's demand", deleted "as provided under this subsection".
The 1998 amendment, effective July 1, 1998, substituted "department" for "division" throughout the section; in Subsection A, substituted "secretary" for "director"; in Paragraph A(2), substituted "insurance" for "liability policy, a certified motor vehicle liability", "twenty" for "thirty" and "department's" for "division's" twice, and made minor stylistic changes.
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.