New Mexico § 66-8-137.1 - Nonresident Violator Compact; form

§ 66-8-137.1. Nonresident Violator Compact; form

The “Nonresident Violator Compact” is enacted into law and entered into with all other

jurisdictions legally joining therein in the form substantially as follows: ARTICLE I. FINDINGS, DECLARATION OF POLICY AND PURPOSE. A. The party jurisdictions find that: (1) In most instances, a motorist who is cited for a traffic violation in a jurisdiction

other than his home jurisdiction: (a) must post collateral or bond to secure appearance for trial at a later date;

or (b) if unable to post collateral or bond, is taken into custody until the collateral

or bond is posted; or (c) is taken directly to court for his trial to be held. (2) In some instances, the motorist's driver's license is deposited as collateral

to be returned after he has complied with the terms of the citation. (3) The purpose of the practices described in Paragraphs (1) and (2) above is to ensure

compliance with the terms of a traffic citation by the motorist who, if permitted

to continue on his way after receiving the traffic citation, could return to his home

jurisdiction and disregard his duty under the terms of the traffic citation. (4) A motorist receiving a traffic citation in his home jurisdiction is permitted,

except for certain violations, to accept the citation from the officer at the scene

of the violation and to immediately continue on his way after promising or being instructed

to comply with the terms of the citation. (5) The practice described in Paragraph (1) above causes unnecessary inconvenience

and, at times, a hardship for the motorist who is unable at the time to post collateral,

furnish a bond, stand trial or pay the fine and thus is compelled to remain in custody

until some arrangement can be made. (6) The deposit of a driver's license as a bail bond, as described in Paragraph (2)

above, is viewed with disfavor. (7) The practices described herein consume an undue amount of law enforcement time. B. It is the policy of the party jurisdictions to: (1) Seek compliance with the laws, ordinances and administrative rules and regulations

relating to the operation of motor vehicles in each of the jurisdictions. (2) Allow motorists to accept a traffic citation for certain violations and proceed

on their way without delay whether or not the motorist is a resident of the jurisdiction

in which the citation was issued. (3) Extend cooperation to its fullest extent among the jurisdictions, each as to the

other, for obtaining compliance with the terms of a traffic citation issued in one

jurisdiction to a resident of another jurisdiction. (4) Maximize effective utilization of law enforcement personnel and assist court systems

in the efficient disposition of traffic violations. C. The purpose of this compact is to: (1) Provide a means through which jurisdictions may participate in a reciprocal program

to effectuate the policies enumerated in Paragraph B above, in a uniform and orderly

manner. (2) Provide for the fair and impartial treatment of traffic violators operating within

party jurisdiction in recognition of the motorist's right of due process and the sovereign

status of a party jurisdiction. ARTICLE II. DEFINITIONS. In the Nonresident Violator Compact, the following words have the meaning indicated. (1) “Citation” means any summons, ticket or other official document issued by a police

officer for a traffic violation containing an order which requires the motorist to

respond. (2) “Collateral” means any cash or other security deposited to secure an appearance

for trial, following the issuance by a police officer of a citation for a traffic

violation. (3) “Court” means a court of law or traffic tribunal. (4) “Driver's license” means any license or privilege to operate a motor vehicle issued

under the laws of the home jurisdiction. (5) “Home jurisdiction” means the jurisdiction that issued the driver's license of

the traffic violator. (6) “Issuing jurisdiction” means the jurisdiction in which the traffic citation was

issued to the motorist. (7) “Jurisdiction” means a state, territory or possession of the United States, the

District of Columbia or the commonwealth of Puerto Rico. (8) “Motorist” means a driver of a motor vehicle operating in a party jurisdiction

other than the home jurisdiction. (9) “Personal recognizance” means an agreement by a motorist made at the time of issuance

of the traffic citation that he will comply with the terms of that traffic citation. (10) “Police officer” means any individual authorized by the party jurisdiction to

issue a citation for a traffic violation. (11) “Terms of the citation” means those options expressly stated upon the citation. ARTICLE III. PROCEDURE FOR ISSUING JURISDICTION. A. When issuing a citation for a traffic violation, a police officer shall issue the

citation to a motorist who possesses a driver's license issued by a party jurisdiction

and shall not, subject to the exceptions noted in Paragraph B of this article, require

the motorist to post collateral to secure appearance, if the officer receives the

motorist's signed personal recognizance that he will comply with the terms of the

citation. B. Personal recognizance is acceptable only if not prohibited by law. If mandatory appearance is required, it must take place immediately following issuance

of the citation. C. Upon failure of a motorist to comply with the terms of a traffic citation, the

appropriate official shall report the failure to comply to the licensing authority

of the jurisdiction in which the traffic citation was issued. The report shall be made in accordance with procedures specified by the issuing

jurisdiction and shall contain information as specified in the compact manual as minimum

requirements for effective processing by the recipient jurisdiction. D. Upon receipt of the report, the licensing authority of the issuing jurisdiction

shall transmit to the licensing authority in the home jurisdiction of the motorist

the information in a form and content as contained in the compact manual. E. The licensing authority of the issuing jurisdiction may not suspend the privilege

of a motorist for whom a report has been transmitted. F. The licensing authority of the issuing jurisdiction shall not transmit a report

on any violation if the date of transmission is more than six months after the date

on which the traffic citation was issued. G. The licensing authority of the issuing jurisdiction shall not transmit a report

on any violation where the date of issuance of the citation predates the most recent

of the effective dates of entry for the two jurisdictions affected. ARTICLE IV. PROCEDURE FOR HOME JURISDICTION. A. Upon receipt of a report of a failure to comply from the licensing authority of

the issuing jurisdiction, the licensing authority of the home jurisdiction shall notify

the motorist and initiate a suspension action, in accordance with the home jurisdiction's

procedures, to suspend the motorist's driver's license until satisfactory evidence

of compliance with the terms of the traffic citation has been furnished to the home

jurisdiction licensing authority. Due process safeguards will be afforded. B. The licensing authority of the home jurisdiction shall maintain a record of actions

taken and make reports to issuing jurisdictions as provided in the compact manual. ARTICLE V. APPLICABILITY OF OTHER LAWS. Except as expressly required by provisions of this compact, nothing contained herein

shall be construed to affect the right of any party jurisdiction to apply any of its

other laws relating to licenses to drive to any person or circumstance, or to invalidate

or prevent any driver license agreement or other cooperative arrangement between a

party jurisdiction and a nonparty jurisdiction. ARTICLE VI. COMPACT ADMINISTRATOR PROCEDURES. A. For the purpose of administering the provisions of this compact and to serve as

a governing body for the resolution of all matters relating to the operation of this

compact, a board of compact administrators is created. The board shall be composed of one representative from each party jurisdiction to

be known as the compact administrator. The compact administrator shall be appointed by the jurisdiction executive and will

serve and be subject to removal in accordance with the laws of the jurisdiction he

represents. A compact administrator may provide for the discharge of his duties and the performance

of his functions as a board member by an alternate. An alternate may not be entitled to serve unless written notification of his identity

has been given to the board. B. Compact administrators shall be entitled to one vote each on the board of directors. No action of the board shall be binding unless taken at a meeting at which a majority

of the total number of votes on the board are cast in favor. Action by the board shall be only at a meeting at which a majority of the party

jurisdictions are represented. C. The board shall elect annually, from its membership, a chairman and a vice chairman. D. The board shall adopt bylaws, not inconsistent with the provisions of this compact

or the laws of a party jurisdiction, for the conduct of its business and shall have

the power to amend and rescind its bylaws. E. The board may accept for any of its purposes and functions under this compact any

and all donations and grants of money, equipment, supplies, materials and services,

conditional or otherwise, from any jurisdiction, the United States or any other governmental

agency and may receive, utilize and dispose of the same. F. The board may contract with, or accept services or personnel from, any government

or intergovernmental agency, person, firm or corporation, or any private nonprofit

organization or institution. G. The board shall formulate all necessary procedures and develop uniform forms and

documents for administering the provisions of this compact. All procedures and forms adopted pursuant to board action shall be contained in

the compact manual. ARTICLE VII. ENTRY INTO COMPACT AND WITHDRAWAL. A. This compact shall become effective when it has been adopted by at least two jurisdictions. B. (1) Entry into the compact shall be made by a resolution of ratification executed

by the authorized officials of the applying jurisdiction and submitted to the chairman

of the board. (2) The resolution shall be in a form and content as provided in the compact manual

and shall include statements that in substance are as follows: (a) A citation of the authority by which the jurisdiction is empowered to become a

party to this compact. (b) Agreement to comply with the terms and provisions of the compact. (c) That compact entry is with all jurisdictions then party to the compact and with

any jurisdiction that legally becomes a party to the compact. (3) The effective date of entry shall be specified by the applying jurisdiction, but

it shall not be less than sixty days after notice has been given by the chairman of

the board of compact administrators or by the secretariat of the board to each party

jurisdiction that the resolution from the applying jurisdiction has been received. C. A party jurisdiction may withdraw from this compact by official written notice

to the other party jurisdictions, but a withdrawal shall not take effect until ninety

days after notice of withdrawal is given. The notice shall be directed to the compact administrator of each member jurisdiction. No withdrawal shall affect the validity of this compact as to the remaining party

jurisdictions. ARTICLE VIII. EXCEPTIONS. The provisions of this compact shall not apply to parking or standing violations,

highway weight and size limitations and violations of law governing the transportation

of hazardous materials. ARTICLE IX. AMENDMENTS TO THE COMPACT. A. This compact may be amended from time to time. Amendments shall be presented in resolution form to the chairman of the board of

compact administrators and may be initiated by one or more party jurisdictions. B. Adoption of an amendment shall require endorsement of all party jurisdictions and

shall become effective thirty days after the date of the last endorsement. C. Failure of a party jurisdiction to respond to the compact chairman within one hundred

twenty days after receipt of the proposed amendment shall constitute endorsement. ARTICLE X. CONSTRUCTION AND SEVERABILITY. This compact shall be liberally construed so as to effectuate the purposes stated

herein. The provisions of this compact shall be severable and if any phrase, clause, sentence

or provision of this compact is declared to be contrary to the constitution of any

party jurisdiction or of the United States or the applicability thereof to any government,

agency, person or circumstance, the compact shall not be affected thereby. If this compact shall be held contrary to the constitution of any jurisdiction party

thereto, the compact shall remain in full force and effect as to the remaining jurisdictions

and in full force and effect as to the jurisdiction affected as to all severable matters. ARTICLE XI. This compact shall be known as the “Nonresident Violator Compact.”