New Mexico § 66-5-49 - Driver License Compact enacted

§ 66-5-49. Driver License Compact enacted

The Driver License Compact is entered into with all other jurisdictions legally joining

therein in a form substantially as follows: A. The party states find that: (1) the safety of their streets and highways is materially affected by the degree

of compliance with state laws and local ordinances relating to the operation of motor

vehicles; (2) violation of state law or local ordinance is evidence that the violator engages

in conduct which is likely to endanger the safety of persons and property; and (3) continuance in force of a license to drive is predicated upon compliance with

laws and ordinances relating to the operation of motor vehicles, in whichever jurisdiction

the vehicle is operated. B. It is the policy of each of the party states to: (1) promote compliance with the laws, ordinances and administrative rules and regulations

relating to the operation of motor vehicles by their operators in each of the jurisdictions

where they drive motor vehicles; and (2) make the reciprocal recognition of licenses to drive and eligibility therefor

more just and equitable by considering the overall compliance with motor vehicle laws,

ordinances and administrative rules and regulations as a condition precedent to the

continuation or issuance of any license by reason of which the licensee is authorized

or permitted to operate a motor vehicle in any of the party states. ARTICLE IIDefinitions As used in the Driver License Compact: A. “state” means a state, territory or possession of the United States, the District

of Columbia or the commonwealth of Puerto Rico; B. “home state” means the state which has issued, and has the power to suspend or

revoke the use of, the license or permit to operate a motor vehicle; and C. “conviction” means a conviction of any offense related to the use or operation

of a motor vehicle which is prohibited by state law, municipal ordinance or administrative

rule or regulation, or a forfeiture of bail, bond or other security deposited to secure

appearance by a person charged with having committed any such offense, and which conviction

or forfeiture is required to be reported to the licensing authority. ARTICLE IIIReports of Conviction The licensing authority of a party state shall report each conviction of a person

from another party state occurring within its jurisdiction to the licensing authority

of the home state of the licensee. The report shall: A. clearly identify the person convicted; B. describe the violation, specifying the section of the statute, code or ordinance

violated; C. identify the court in which action was taken; D. indicate whether a plea of guilty or not guilty was entered, or the conviction

was a result of the forfeiture of bail, bond or other security; and E. include any special findings made in connection therewith. ARTICLE IVEffect of Conviction A. The licensing authority in the home state, for the purposes of suspension, revocation

or limitation of the license to operate a motor vehicle, shall give the same effect

to the conduct reported pursuant to Article III of the Driver License Compact as it

would if the conduct had occurred in the home state in the case of convictions for: (1) manslaughter or negligent homicide resulting from the operation of a motor vehicle; (2) driving a motor vehicle under the influence of intoxicating liquor or a narcotic

drug, or under the influence of any other drug to a degree which renders the driver

incapable of safely driving a motor vehicle; (3) any felony in the commission of which a motor vehicle is used; and (4) failure to stop and render aid in the event of a motor vehicle accident resulting

in the death or personal injury to another. B. As to other convictions reported pursuant to Article III, the licensing authority

in the home state shall give the effect to the conduct as is provided by the laws

of the home state. C. If the laws of a party state do not provide for offenses or violations denominated

or described in precisely the words employed in Subsection A of this article, that

party state shall construe the denominations and descriptions appearing in Subsection

A as being applicable to, and identifying, those offenses or violations of a substantially

similar nature, and the laws of that party state shall contain provisions necessary

to ensure that full effect is given to this article. ARTICLE VApplications for New Licenses Upon application for a license to drive, the licensing authority in a party state

shall ascertain whether the applicant has ever held, or is the holder of, a license

to drive issued by any other party state. The licensing authority in the state where application is made shall not issue a

license to drive to the applicant if: A. the applicant has held a license, but it has been suspended by reason, in whole

or in part, of a violation and if the suspension period has not terminated; B. the applicant has held a license, but it has been revoked by reason, in whole or

in part, of a violation and if the revocation has not terminated, except that after

expiration of one year from the date the license was revoked, the person may make

application for a new license if permitted by law. The licensing authority may refuse to issue a license to the applicant if, after

investigation, it determines that it will not be safe to grant to the person the privilege

of driving a motor vehicle on the public highways; or C. the applicant is the holder of a license to drive issued by another party state

and currently in force, unless he surrenders the license. ARTICLE VIApplicability of Other Laws Except as expressly required by provisions of the Driver License Compact, nothing

contained in the compact shall be construed to affect the right of any party state

to apply any of its other laws relating to licenses to drive to any person or circumstances,

or to invalidate or prevent any driver license agreement or other cooperative arrangement

between a party state and a nonparty state. ARTICLE VIICompact Administrator and Interchange of Information A. The head of the licensing authority of each party state shall be the administrator

of the Driver License Compact for his state. The administrators, acting jointly, may formulate all necessary and proper procedures

for the exchange of information under the Driver License Compact. B. The administrator of each party state shall furnish to the administrator of each

other party state any information or documents reasonably necessary to facilitate

the administration of the Driver License Compact. ARTICLE VIIIEntry into Force and Withdrawal A. The Driver License Compact shall enter into force and become effective as to any

state when it has enacted the compact into law. B. Any party state may withdraw from the Driver License Compact by enacting a statute

repealing the compact, but no withdrawal shall take effect until six months after

the executive head of the withdrawing state has given notice of the withdrawal to

the executive heads of all other party states. No withdrawal shall affect the validity or applicability by the licensing authorities

of states remaining party to the compact of any report of conviction occurring prior

to the withdrawal. ARTICLE IXConstruction and Severability The Driver License Compact shall be liberally construed to effectuate its purposes. The provisions of the compact are severable and if any phrase, clause, sentence

or provision is declared to be contrary to the constitution of any party state, or

of the United States, or its applicability to any government, agency, person or circumstance

is held invalid, the validity or [of] the remainder of the compact and its applicability

to any government, agency, person or circumstance shall not be affected. If the compact is held contrary to the constitution of any party state, it shall

remain in full effect as to the state affected as to all severable matters.