New Mexico § 66-3-119 - Vehicle to be dismantled

§ 66-3-119. Vehicle to be dismantled

In addition to any requirements pursuant to Section 1 of this 2018 act: A. except as provided in Sections 66-3-115 , 66-3-116 and 66-3-118 through 66-3-121 NMSA 1978 , any person who sells, gives away, trades or disposes of any vehicle as scrap or

to be dismantled or destroyed by any person required to be licensed under Section 66-4-1 NMSA 1978 shall assign the certificate of title of the vehicle to the recipient and shall deliver

the certificate of title to the recipient. A licensed dismantler receiving any registration plates shall either return them

to the owner upon demand or destroy them within five days; B. except as provided in Sections 66-3-115 , 66-3-116 and 66-3-118 through 66-3-121 NMSA 1978 , no person shall dismantle or destroy a vehicle unless the person possesses a certificate

of title or other proof of ownership of the vehicle and completes and sends in the

dismantler's notification form to the division and any law enforcement agency designated

by the division for that purpose; and C. any person licensed under Section 66-4-1 NMSA 1978 may take possession of an abandoned vehicle; provided that: (1) the person obtains at the time of acquisition a written clearance form from a

law enforcement agency mentioned in Section 66-3-121 NMSA 1978; (2) within five days after acquisition of the abandoned vehicle, the person requests

from the division an official form indicating the names and addresses of all lienholders

and owners of record. If the abandoned vehicle has out-of-state license plates or the licensee has some

other reason to believe that the abandoned vehicle is registered in a state other

than New Mexico, the person shall request the same information from the appropriate

agency of that state; (3) within five days after receiving the names and addresses of all lienholders and

owners of record, the person informs them by certified mail, return receipt requested,

of the person's possession of the abandoned vehicle and of all charges, if any, against

the abandoned vehicle and of the person's intent to dispose of the vehicle if no claim

is made within thirty days after the delivery of the letter; (4) in those cases where neither the division nor the appropriate state agency specified

in this section is able to furnish the names of any lienholders or owners of record,

the vehicle shall then be deemed as abandoned, and a licensed dismantler may dispose

of the abandoned vehicle once the dismantler has properly completed a dismantler's

notification form for the abandoned vehicle and has submitted the form to the division

together with a copy of the correspondence with either the division or the state agency

specified in this section indicating that there are no lienholders or owners of record; (5) when a lienholder or owner of record is known and the required notice has been

sent and the dismantler has waited the required thirty days and has not received a

valid claim, the dismantler shall properly complete a dismantler's notification form

for the abandoned vehicle and submit the form together with any correspondence with

the division or appropriate state agency specified in this subsection indicating the

names and addresses of lienholders and owners of record plus proof of notification

together with an affidavit signed by the dismantler stating under oath or affirmation

that the dismantler has complied with provisions of this section and the dismantler

has not received during the thirty-day period following notification any valid claim

against the abandoned vehicle in question or, while a valid claim has been made, the

dismantler has not received within sixty days following the notification payment for

fees connected with towing and storage of the abandoned vehicle in question; (6) any person who fails to give notice required in this subsection within the time

limit specified shall forfeit all liens, interest and claims to the abandoned vehicle

in question if claimed by an owner or lienholder; (7) failure of an owner or lienholder to assert a claim or to pay all legal storage

or towing fees, if any, within the specified period of time shall result in that person's

forfeiture of liens, interest or claims to the abandoned vehicle; and (8) upon complying with the conditions of this section and waiting the required period

of time, the abandoned vehicle is the property of the dismantler for dismantling or

salvage purposes, and the dismantler shall not be required to take further action

under the lien laws of this state unless the abandoned vehicle is used for other than

dismantling or salvage purposes, and any person licensed under Section 66-4-1 NMSA 1978 may dismantle or destroy the abandoned vehicle.