New Mexico § 66-3-4 - Application for registration and certificate of title; nonrepairable vehicle certificate

§ 66-3-4. Application for registration and certificate of title; nonrepairable vehicle certificate

A. Except for a vehicle owned by a carrier that is from a jurisdiction that is not

a participant in the International Fuel Tax Agreement, that is authorized by the United

States government or an agency of the United States government to conduct cross-border

operations beyond the commercial border zone pursuant to the provisions of the United

States-Mexico-Canada Agreement Implementation Act and that identifies New Mexico as

the carrier's base jurisdiction, every owner of a vehicle of a type required to be

registered in this state shall make application to the division for the registration

and issuance of a certificate of title for the vehicle. Applications shall be upon the appropriate forms furnished by the division and shall

bear the signature of the owner; provided that the signature may either be made using

an electronic signature in conformance with the Electronic Authentication of Documents

Act and the Uniform Electronic Transactions Act or written with pen and ink. All applications presented to the division shall contain: (1) for a vehicle other than a recreational vehicle, the name, bona fide New Mexico

residence address and mail address of the owner or, if the owner is a firm, association

or corporation, the name, bona fide New Mexico business address and mail address of

the firm, association or corporation and for a recreational vehicle, the name, bona

fide residence address and mail address of the owner and proof of delivery in New

Mexico; (2) a description of the vehicle, including, to the extent that the following specified

data may exist with respect to a given vehicle, the make, model, type of body, number

of cylinders, type of fuel used, serial number of the vehicle, odometer reading, engine

or other identification number provided by the manufacturer of the vehicle, whether

new or used, and, if a vehicle not previously registered, date of sale by the manufacturer

or dealer to the person intending to operate the vehicle. In the event a vehicle is designed, constructed, converted or rebuilt for the transportation

of property, the application shall include a statement of its rated capacity as established

by the manufacturer of the chassis or the complete vehicle; (3) a statement of the applicant's title and of all liens or encumbrances upon the

vehicle and the names and addresses of all persons having an interest in the vehicle,

the nature of each interest and the name and address of the person to whom the certificate

of title shall be delivered by the division; (4) a space to allow the applicant the option of adding the applicant's vehicle to

the nontraditional communication or disability registry; provided that the applicant

submits evidence satisfactory to the division that the vehicle will regularly be driven

or occupied by a person who has a medical diagnosis by a licensed health practitioner

of a condition or disability that may cause the person to fail to be able to communicate

with a peace officer or to respond appropriately to a peace officer's commands, including

an autism spectrum disorder, deafness, a brain injury, an intellectual disability,

a behavioral health disorder, dementia or a seizure disorder; (5) if the vehicle required to be registered is a house trailer, as defined in the

Motor Vehicle Code, a certificate from the treasurer or assessor of the county in

which the house trailer is located showing that either: (a) all property taxes due or to become due on the house trailer for the current tax

year or any past tax years have been paid; or (b) no liability for property taxes on the house trailer exists for the current year

or any past tax years; and (6) further information as may reasonably be required by the division to enable it

to determine whether the vehicle is lawfully entitled to registration and the owner

entitled to a certificate of title. B. The owner of a vehicle subject to registration that has never been registered in

this state and that has been registered in another state, except manufactured homes,

shall have the vehicle examined and inspected for its identification number or engine

number by the division or an officer or a designated agent of the division incident

to securing registration, reregistration or a certificate of title from the division. C. When an application refers to a vehicle not previously registered and the vehicle

is purchased from a dealer licensed in this state or a dealer licensed or recognized

as such in any other state, territory or possession of the United States, the application

shall be accompanied by a manufacturer's certificate of origin duly assigned by the

dealer to the purchaser. In the event that a vehicle not previously registered is sold by the manufacturer

to a dealer in a state not requiring a manufacturer's certificate of origin and in

the event that the vehicle is subsequently purchased by a dealer or any person in

this state, the application for title shall be accompanied by the evidence of title

accepted by the state in which the vehicle was sold by the manufacturer to a dealer

in that state together with evidence of subsequent transfers. D. Prior to the sale or disposal of a nonrepairable vehicle, the owner, owner's agent

or salvage pool shall obtain a properly endorsed nonrepairable vehicle certificate

from the department and deliver it to the purchaser within twenty days after payment

in full for the nonrepairable vehicle and shall also comply with Section 66-3-10.1 NMSA 1978 . The department shall accept the endorsed nonrepairable vehicle certificate in lieu

of the certificate of ownership or other evidence of ownership when accompanied by

an application and other documents and fees as may be required by the department. A vehicle for which a nonrepairable vehicle certificate has been issued shall not

be titled or registered for use on the highways of this state. E. If an insurance company makes a total loss settlement on a nonrepairable vehicle

and takes possession of that vehicle, either itself or through an agent or salvage

pool, the insurance company or an authorized agent of the insurance company shall: (1) stamp the face of the title or manufacturer's certificate of origin with the word

“NONREPAIRABLE”, in letters no less than one-half inch high, at an angle of approximately

forty-five degrees to the text of the title or manufacturer's certificate of origin;

and (2) within twenty days after receipt of title by the insurer, free and clear of all

liens, submit a copy of the branded title or manufacturer's certificate of title to

the department together with documents explaining the reason for branding and shall

forward a properly endorsed certificate of title or manufacturer's certificate of

origin or other evidence of ownership acceptable to the department together with the

proper fee to the department. The department, upon receipt of the title or manufacturer's certificate of origin

or other evidence of ownership, shall issue a nonrepairable vehicle certificate for

the vehicle. F. If an owner of a nonrepairable vehicle elects to retain possession of the vehicle,

the insurance company shall notify the department of the retention on a form prescribed

by the department. The insurance company shall also notify the insured or owner of the insured's or

owner's responsibility to comply with this section. The owner shall, within twenty days from the date of settlement of the loss, forward

a properly endorsed certificate of title or manufacturer's certificate of origin or

other evidence of ownership acceptable to the department together with the proper

fee to the department. The department, upon receipt of the title or manufacturer's certificate of origin

or other evidence of ownership, shall issue a nonrepairable vehicle certificate for

the vehicle. G. If a nonrepairable vehicle is not the subject of an insurance settlement, the owner

shall, within twenty days from the date of the loss, forward a properly endorsed certificate

of title or manufacturer's certificate of origin or other evidence of ownership acceptable

to the department together with the proper fee to the department. The department, upon receipt of the title or manufacturer's certificate of origin

or other evidence of ownership, shall issue a nonrepairable vehicle certificate for

the vehicle. H. The department shall not issue a new registration card and certificate of ownership

pursuant to Subsection A, B or C of this section on a vehicle that has been issued

a nonrepairable vehicle certificate pursuant to Subsections E, F and G of this section.