New Mexico § 66-5-232 - Sampling; letter to owner

§ 66-5-232. Sampling; letter to owner

A. The department, at various times as it considers necessary or appropriate to assure

compliance with the Mandatory Financial Responsibility Act, shall select for financial

responsibility affirmation an appropriate sample number of the motor vehicles registered

in New Mexico. The department is authorized to emphasize, in accordance with rules adopted by the

department, for affirmation of financial responsibility, individuals whose affirmations

of financial responsibility have previously been found to be incorrect. B. When a motor vehicle is selected for financial responsibility affirmation under

Subsection A of this section, the department shall mail an affirmation form to the

registered owner of the motor vehicle notifying him that his motor vehicle has been

selected for financial responsibility affirmation and requiring him to respond and

to affirm, by at least one signature shown on the affirmation form, the existence

of evidence satisfying the financial responsibility requirements of the Mandatory

Financial Responsibility Act for the motor vehicle. C. Failure by an owner to return the affirmation of financial responsibility to the

department within fifteen days after mailing by the department or a determination

by the department that an affirmation is not accurate constitutes reasonable grounds

under Section 66-5-235 NMSA 1978 to believe that a person is operating a motor vehicle in violation of Section 66-5-205 NMSA 1978 or has falsely affirmed the existence of means of satisfying the financial responsibility

requirements of the Mandatory Financial Responsibility Act. D. The department may investigate all affirmations required by the Mandatory Financial

Responsibility Act returned to the department. If the owner affirms the existence of a motor vehicle insurance policy covering

the motor vehicle, the department may forward the affirmation to the listed insurer

to determine whether the affirmation is correct. An insurer shall mail notification to the department within twenty working days

of receipt of the affirmation inquiry in the event the affirmation is not correct. The notification shall be prima facie evidence of failure to satisfy the financial

responsibility requirements of the Mandatory Financial Responsibility Act. The department may determine the correctness of affirmation of other means of satisfying

the financial responsibility requirements of that act for the motor vehicle. E. The department may use accident reports as basic material for the construction

of its sampling procedure. F. No civil liability shall accrue to the insurer or any of its employees for reports

made to the department under this section when the reports are made in good faith

based on the most recent information available to the insurer. G. The affirmation form used when sampling shall require the report of the name of

the company issuing the policy, the policy number or any other information that identifies

the policy.