As used in the Motor Vehicle Code:
A. "park" or "parking" means the standing of a vehicle, whether occupied or not, other than temporarily for the purpose of and while actually engaged in loading and unloading;
B. "parking lot" means a parking area provided for the use of patrons of any office of state or local government or of any public accommodation, retail or commercial establishment;
C. "parts car" means a motor vehicle generally in nonoperable condition that is owned by a collector to furnish parts that are usually nonobtainable from normal sources, thus enabling a collector to preserve, restore and maintain a motor vehicle of historic or special interest;
D. "pedestrian" means any natural person on foot;
E. "person" means every natural person, firm, copartnership, association, corporation or other legal entity;
F. "personal information" means information that identifies an individual, including an individual's photograph, social security number, driver identification number, name, address other than zip code, telephone number and medical or disability information, but "personal information" does not include information on vehicles, vehicle ownership, vehicular accidents, driving violations or driver status;
G. "placard" or "parking placard" means a card-like device that identifies the vehicle as being currently in use to transport a person with severe mobility impairment and issued pursuant to Section 66-3-16 NMSA 1978 to be displayed inside a motor vehicle so as to be readily visible to an observer outside the vehicle;
H. "pneumatic tire" means every tire in which compressed air is designed to support the load;
I. "pole trailer" means any vehicle without motive power, designed to be drawn by another vehicle and attached to the towing vehicle by means of a reach or pole or by being boomed or otherwise secured to the towing vehicle and ordinarily used for transporting long or irregularly shaped loads such as poles, structures, pipes and structural members capable, generally, of sustaining themselves as beams between the supporting connections;
J. "police or peace officer" means every officer authorized to direct or regulate traffic or to make arrests for violations of the Motor Vehicle Code;
K. "private road or driveway" means every way or place in private ownership used for vehicular travel by the owner and those having express or implied permission from the owner, but not other persons; and
L. "property owner" means the owner of a piece of land or the agent of that property owner.
History: 1978 Comp., § 66-1-4.14, enacted by Laws 1990, ch. 120, § 15; 1995, ch. 135, § 1; 1999, ch. 297, § 6.
ANNOTATIONSThe 1999 amendment, effective June 18, 1999, substituted "parking area provided for the use" for "parking area containing fifteen or more parking spaces provided for the free use" in Subsection B, added Subsection G, and redesignated former Subsections G to K as Subsections H to L.
The 1995 amendment, effective June 16, 1995, added Subsection F and redesignated former Subsections F to J as Subsections G to K.
Tax identification numbers. — Although individual tax identification numbers are not specifically listed as information that is included in the definition of "personal information", they are similar to social security numbers and meet the definition of personal information because they provide identifying information. Republican Party of N.M. v. N.M. Taxation & Revenue Dep't, 2010-NMCA-080, 148 N.M. 877, 242 P.3d 444, cert. granted, 2010-NMCERT-008, 148 N.M. 942, 242 P.3d 1288.
If roadway is shown not to be a public road, then the statutory ban on passing other vehicles within 100 feet of an intersection of two roads does not apply. Moore v. Armstrong, 1960-NMSC-098, 67 N.M. 350, 355 P.2d 284.
"Parking lot". — Careless driving, as defined in Section 66-8-114 NMSA 1978, cannot be committed in a parking lot, because a "parking lot" does not fall within the plain meaning or the statutory definition of "highway." State v. Brennan, 1998-NMCA-176, 126 N.M. 389, 970 P.2d 161, cert. denied, 126 N.M. 532, 972 P.2d 351.
Exit from a business parking lot is a driveway. — Where defendant was driving out of a parking lot in a business district; the parking lot had an area for parking vehicles and a path for vehicular travel that allowed patrons ingress and egress to a roadway; a sidewalk spanned the access point that defendant was exiting between the roadway and the private property lines; and defendant stopped on, rather than before, the sidewalk area, defendant violated Section 66-7-346 NMSA 1978 because the location where defendant was exiting the parking lot was a driveway. State v. Scharff, 2012-NMCA-087, 284 P.3d 447, cert. denied, 2012-NMCERT-007.
Unborn fetus. — A review of the provisions of the Motor Vehicle Code shows that "person" is used in the sense of one who has been born, and never in the sense of an unborn fetus. State v. Willis, 1982-NMCA-151, 98 N.M. 771, 652 P.2d 1222 (specially concurring opinion).