Fees shall be collected and distributed as follows:
A. the fees for registering an off-highway motor vehicle are:
(1) seventeen dollars ($17.00) for each off-highway motor vehicle, of which five dollars ($5.00) is appropriated to the division to defray the cost of making and issuing registration certificates, validating stickers and nonresident permits for off-highway motor vehicles. The remaining twelve dollars ($12.00) shall be deposited in the motor vehicle suspense fund for distribution pursuant to Section 66-6-23 NMSA 1978; and
(2) an amount determined by rule of the department not to exceed forty dollars ($40.00) for an off-highway user fee for each off-highway motor vehicle, which shall be distributed to the fund;
B. upon a change of ownership, the new owner shall make application and pay registration fees of:
(1) seventeen dollars ($17.00) in the same manner as provided by rules of the division for original registration; and
(2) an amount determined by rule of the department not to exceed forty dollars ($40.00) for an off-highway user fee for each off-highway motor vehicle, which shall be distributed to the fund;
C. except for an off-highway vehicle that is currently in compliance with another state's off-highway vehicle registration, user fee or similar law or rule demonstrated by certificate of registration, permit or similar evidence, the fees for a nonresident permit of an off-highway motor vehicle are either:
(1) seventeen dollars ($17.00), of which five dollars ($5.00) is appropriated to the division to defray the cost of making and issuing registration certificates, validating stickers and nonresident permits for off-highway motor vehicles. The remaining twelve dollars ($12.00) shall be deposited in the motor vehicle suspense fund for distribution pursuant to Section 66-6-23 NMSA 1978, and an amount determined by rule of the department not to exceed forty dollars ($40.00) for each off-highway motor vehicle, which shall be distributed to the fund; or
(2) seventeen dollars ($17.00) for a ninety-day permit, of which five dollars ($5.00) is appropriated to the division to defray the cost of making and issuing registration certificates, validating stickers and nonresident permits for off-highway motor vehicles. The remaining twelve dollars ($12.00) shall be deposited in the motor vehicle suspense fund for distribution pursuant to Section 66-6-23 NMSA 1978;
D. except as provided in Paragraph (2) of Subsection C of this section, each nonresident permit shall be:
(1) good for two years after the month in which the off-highway motor vehicle nonresident permit is issued; and
(2) renewed every two years;
E. the off-highway user fee for each off-highway motor vehicle shall be paid upon obtaining and renewing each registration certificate or nonresident permit;
F. duplicate registration certificates and nonresident permits shall be issued upon payment of a seven-dollar-fifty-cent ($7.50) fee, which is appropriated to the division to defray the cost of making and issuing duplicate registration certificates and nonresident permits for off-highway motor vehicles;
G. a fee of one dollar ($1.00) on registration certificates and nonresident permits shall be collected for the litter control and beautification fund; and
H. the department, in conjunction with other agencies and departments, may establish and maintain sites to collect fees and issue permits for residents and nonresidents.
History: 1953 Comp., § 64-3-1004, enacted by Laws 1978, ch. 35, § 200; 1985, ch. 189, § 4; 1987, ch. 17, § 2; 2005, ch. 325, § 3; 2007, ch. 319, § 36; 2009, ch. 53, § 2.
ANNOTATIONSCross references. — For payment in foreign currency under the Motor Vehicle Code, see 66-6-36 NMSA 1978.
For the litter control and beautification fund, see 67-16-14 NMSA 1978.
The 2009 amendment, effective April 1, 2009, in Paragraph (1) of Subsection A, added language that appropriates $5.00 of the fee to the division and the second sentence; in Paragraph (2) of Subsection A, changed the amount from $30 to $40 and added "which shall be distributed to the fund"; in Paragraph (2) of Subsection B, changed the amount from $30 to $40 and added "which shall be distributed to the fund"; deleted former Subsection C that provided for fees for a nonresident permit; deleted former Subsection D that provided for licensure for two years; added new Subsections C and D; in Subsection F, added the language that provided for the appropriation of a $7.50 fee to the division; and in Subsection H, deleted references to the tourism department, the division and the department of game and fish and added "other agencies and departments".
The 2007 amendment, effective June 15, 2007, changed "New Mexico clean and beautiful program" to "litter control and beautification fund".
The 2005 amendment, effective January 1, 2006, increased the registration fee from $15 to $17 in Subsection A(1); deleted the former provision of Subsection A the a registration is valid for two years after the motor vehicle is registered and that each registration must be renewed every three years; added Subsection A(2) to provide that the fees include an amount determined by rule of the tourism department not to exceed $30 for a user fee for each vehicle; increased the registration fee from $15 to $17 in Subsection B(1); added Subsection B(2) to provide that the fees include an amount determined by rule of the tourism department not to exceed $30 for a user fee for each vehicle; added Subsection C(1) through (3) to provide for nonresident permit fees; added Subsection D(1) and (2) to provide that registration certificates are valid for two years and nonresident permits must be renewed every two years; added Subsection E to provide that the fees shall be paid upon obtaining and renewing each registration certificate and nonresident permit; increase the fee for duplicate registration certificates and nonresident permits from $1.00 to $7.50 in Subsection F; added Subsection G to provide a $1.00 fee for registration certificates and nonresident permits for the New Mexico clean and beautiful program; and added Subsection H to provide that the tourism department, in conjunction with the department of game and fish, may establish sites to collect fees and issue permits.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 7A Am. Jur. 2d Automobiles and Highway Traffic §§ 8, 63, 64.
60 C.J.S. Motor Vehicles §§ 6, 136.