As used in the Motor Vehicle Code:
A. "laned roadway" means a roadway that is divided into two or more clearly marked lanes for vehicular traffic;
B. "law enforcement agency designated by the division" means the law enforcement agency indicated on the dismantler's notification form as the appropriate agency for the receipt of the appropriate copy of that form;
C. "lawful status" means the legal right to be present in the United States, as that phrase is used in the federal REAL ID Act of 2005;
D. "license", without modification, means any license, permit or driving authorization card issued by a state or other jurisdiction recognized under the laws of New Mexico pertaining to the authorizing of persons to operate motor vehicles and includes a REAL ID-compliant driver's license and a standard driver's license;
E. "lien" or "encumbrance" means every chattel mortgage, conditional sales contract, lease, purchase lease, sales lease, contract, security interest under the Uniform Commercial Code [Chapter 55 NMSA 1978] or other instrument in writing having the effect of a mortgage or lien or encumbrance upon, or intended to hold, the title to any vehicle in the former owner, possessor or grantor; and
F. "local authorities" means every county, municipality and any local board or body having authority to enact laws relating to traffic under the constitution and laws of this state.
History: 1978 Comp., § 66-1-4.10, enacted by Laws 1990, ch. 120, § 11; 2016, ch. 79, § 2; 2019, ch. 167, § 3.
ANNOTATIONSThe 2019 amendment, effective October 1, 2019, revised the definition of "license" as used in the Motor Vehicle Code; and in Subsection D, after "authorization card", added "issued by a state or other jurisdiction", and after "operate motor vehicles", added "and includes a REAL ID-compliant driver's license and a standard driver's license".
The 2016 amendment, effective May 18, 2016, added the definition of "lawful status" and amended the definition of "license" as used in the Motor Vehicle Code; added a new Subsection C and redesignated the succeeding subsections accordingly; and in Subsection D, after "means any license", deleted "temporary instruction", after "permit or", deleted "temporary license issued or" and added "driving authorization card", and after "pertaining to the", deleted "licensing" and added "authorizing".
Powers of local authorities. — A county as a "local authority" as defined in Section 66-1-4.10E NMSA 1978 has the powers granted to local authorities in Sections 66-7-8 and 66-7-9 NMSA 1978, to enact motor vehicle ordinances. Board of Comm'rs v. Greacen, 2000-NMSC-016, 129 N.M. 177, 3 P.3d 672.
Mortgages creating lien must be in writing. — Chattel mortgages and instruments having the effect of placing a lien on personal property are required to be in writing. Clovis Fin. Co. v. Sides, 1963-NMSC-065, 72 N.M. 17, 380 P.2d 173.