A. Except as provided in Subsections B through H of this section and Sections 66-5-19 and 66-5-67 NMSA 1978, all licenses shall be issued for a period of four years, and each license shall expire four years after the effective date of the license or shall expire thirty days after the applicant's seventy-ninth birthday. A license issued pursuant to Section 66-5-19 NMSA 1978 shall expire thirty days after the applicant's birthday in the year in which the license expires. Each license is renewable within ninety days prior to its expiration or at an earlier date approved by the department. The fee for the license shall be as provided in Section 66-5-44 NMSA 1978. The department may provide for renewal by mail or telephonic or electronic means of a license issued pursuant to the provisions of this subsection, pursuant to regulations adopted by the department that ensure adequate security measures to safeguard personal information that is obtained in the issuance of a license, except the department shall not renew by mail or telephonic or electronic means a license if prohibited by federal law. The department may require an examination upon renewal of the license.
B. Except as provided in Subsection E of this section, at the option of an applicant, a REAL ID-compliant driver's license may be issued for a period of eight years, provided that the applicant:
(1) pays the amount required for a REAL ID-compliant driver's license issued for a term of eight years;
(2) otherwise qualifies for a four-year REAL ID-compliant driver's license; and
(3) will not reach the age of seventy-nine during the last four years of the eight-year REAL ID-compliant driver's license period or reach the age of twenty-one during any year within the term of the license.
C. A REAL ID-compliant driver's license issued pursuant to the provisions of Subsection B of this section shall expire eight years after the effective date of the license.
D. A license issued prior to an applicant's twenty-first birthday shall expire thirty days after the applicant's twenty-first birthday. A license issued prior to an applicant's twenty-first birthday may be issued for a period of up to five years.
E. A REAL ID-compliant driver's license issued to a foreign national shall expire on the earliest of:
(1) thirty days after the applicant's twenty-first birthday, if issued prior to the applicant's twenty-first birthday;
(2) thirty days after the applicant's seventy-ninth birthday;
(3) four years after the effective date of the license or eight years after the effective date of the license if the applicant opted for a period of eight years pursuant to Subsection B of this section; or
(4) the expiration date of the applicant's lawful status; provided that if that date cannot be determined by the department and the applicant is not a legal permanent resident, the REAL ID-compliant driver's license shall expire one year after the effective date of the license.
F. A standard driver's license issued to an applicant shall expire on the earliest of:
(1) thirty days after the applicant's twenty-first birthday, if issued prior to the applicant's twenty-first birthday;
(2) thirty days after the applicant's seventy-ninth birthday; or
(3) four years after the effective date of the license.
G. At the option of an applicant, a standard driver's license may be issued for a period of eight years; provided that the applicant:
(1) pays the amount required for a standard driver's license issued for a term of eight years;
(2) otherwise qualifies for a four-year standard driver's license; and
(3) will not reach the age of seventy-nine during the last four years of the eight-year standard driver's license period or reach the age of twenty-one during any year within the term of the license.
H. The secretary shall adopt regulations providing for the proration of driver's license fees due to shortened licensure periods permitted pursuant to Subsection A of Section 66-5-19 NMSA 1978 and for licensure periods authorized pursuant to the provisions of this section.
History: 1953 Comp., § 64-5-21, enacted by Laws 1978, ch. 35, § 243; 1981, ch. 360, § 1; 1985, ch. 66, § 1; 1992, ch. 13, § 1; 1995, ch. 107, § 1; 1997, ch. 26, § 1; 1999, ch. 222, § 1; 2004, ch. 59, § 13; 2010, ch. 42, § 2; 2010, ch. 70, § 2; 2016, ch. 79, § 6; 2019, ch. 167, § 8.
ANNOTATIONSThe 2019 amendment, effective October 1, 2019, provided for REAL ID-compliant licenses, revised the four-year issuance period for licenses, and provided for an eight-year issuance period for standard driver's licenses; in Subsection A, after "Subsections B through", deleted "I" and added "H", and after "shall expire", deleted "thirty days after the applicant's birthday in the fourth year" and added "four years"; in Subsection B, in the introductory clause, added "Except as provided in Subsection E of this section", in Paragraph B(1), after "required for a", added "REAL ID-compliant", in Paragraph B(2), after "four-year", added "REAL ID-compliant", and in Paragraph A(3), after "eight-year", added "REAL ID-compliant"; in Subsection C, added "REAL ID-compliant"; in Subsection E, in the introductory clause, added "REAL ID-compliant", in Paragraph E(3), deleted "thirty days after the applicant's birthday in the fourth year" and added "four years", and in Paragraph E(4), after "resident, the", added "REAL ID-compliant"; in Subsection F, in the introductory clause, after "A", deleted "driving authorization card" and added "standard driver's license", and after "applicant", deleted "who provides proof of lawful status", and in Paragraph F(3), deleted "thirty days after the applicant's birthday in the fourth year" and added "four years"; deleted former Subsections G and H, added a new Subsection G and redesignated former Subsection I as Subsection H; and in Subsection H, after "license fees", deleted "driving authorization card fees and commercial driver's license fees".
The 2016 amendment, effective May 18, 2016, limited the validity period of certain driver's licenses and identification cards; in the catchline, after "expiration of license", added "limited issuance period"; in Subsection A, after "Except as provided in", deleted "Subsection B or D" and added "Subsections B through I", after "Section 66-5-67 NMSA 1978, all", deleted "driver's", after "the license or shall expire thirty days after the applicant's", deleted "seventy-fifth" and added "seventy-ninth", after "telephonic or electronic means of a", deleted "driver's", after "obtained in the issuance of a", deleted "driver's", after "license", added "except the department shall not renew by mail or telephonic or electronic means a license if prohibited by federal law", and after "upon renewal of the", deleted "driver's"; in Subsection B, Paragraph (3), after "will not reach the age of", deleted "seventy-five" and added "seventy-nine"; in Subsection C, after "this section shall expire", deleted "thirty days after the applicant's birthday in the eighth year" and added "eight years"; added new Subsections E through H and redesignated former Subsection E as Subsection I; and in Subsection I, after "The", deleted "director may" and added "secretary shall", after "driver's license fees", added "driving authorization card fees", and after "Section 66-5-19 NMSA 1978", deleted "or" and added "and".
The 2010 amendment, effective July 1, 2010, in Subsection A, in the first sentence, after "Subsection B", added "or D"" and after "effective date of the license", added the remainder of the sentence; in the fourth sentence, after "renewal by mail", added "or telephonic or electronic means" and after "regulations adopted by the department", deleted "and"; added the remainder of the sentence; and in the fifth sentence, added "The department"; in Subsection B(3), after "eight-year license period", added the remainder of the sentence; added Subsection D; and in Subsection E, after "Section 66-5-19 NMSA 1978", added the remainder of the sentence.
The 2004 amendment, effective March 4, 2004, added Subsection D.
The 1999 amendment, effective July 1, 1999, added "eight-year issuance period" to the section heading; in Subsection A, added "Except as provided in Subsection B of this section, Section 66-5-19 NMSA 1978 and Section 66-5-67 NMSA 1978", and deleted "except those provided for in Section 66-5-19 NMSA 1978 and as otherwise provided in Section 66-5-67 NMSA 1978" following "a period of four years" in the first sentence, inserted "of a driver's license issued pursuant to the provisions of this subsection" in the fifth sentence; and added Subsections B and C.
The 1997 amendment, effective June 20, 1997, added the second sentence and substituted "Each" for "The" at the beginning of the third sentence.
The 1995 amendment, effective July 1, 1995, added "provide for renewal by mail pursuant to rules adopted by the department and may" in the last sentence.
The 1992 amendment, effective April 1, 1992, inserted "and as otherwise provided in Section 66-5-67 NMSA 1978" in the first sentence, substituted "department" for "director" in the second sentence, and substituted "department" for "division" in the last sentence.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 7A Am. Jur. 2d Automobiles and Highway Traffic § 102.
60 C.J.S. Motor Vehicles § 146.