Contracting Driver'S Knowledge And Skill Tests

A. Under Subsection C of Section 66-5-14 NMSA 1978, the department is permitted to contract for certain testing of individuals applying for driver's licenses. Any contract entered into may provide that all or only some of the individuals applying for driver's licenses are to be tested by the contractor. Any contract entered into may be limited to testing at certain field offices or within certain political subdivisions or geographic areas. B. Only the following persons are eligible to enter into contracts authorized under Subsection C of Section 66-5-14 NMSA 1978: 18.19.5 NMAC 3 (1) public educational institutions; and (2) commercial driving schools licensed by the department of transportation pursuant to the Driving School Licensing Act and regulations thereunder. C. Any contract entered into will specify an expiration date, provided the department may terminate the contract prior to its expiration date. [18.19.5.11 NMAC - Rp, 18.19.5.11 NMAC 3/14/2023] 18.19.5.12 REAL ID-COMPLIANT DRIVER’S LICENSES AND IDENTIFICATION CARDS FOR UNITED STATES CITIZENS, UNITED STATES NATIONALS OR PERMANENT RESIDENT ALIENS: A. A United States citizen, United States national or permanent resident alien applying for a REAL ID compliant New Mexico driver’s license or identification card, other than a commercial driver's license, must provide documentary proof of their identification number, identity, age, indication of sex, lawful status and New Mexico residency. B. Proof of identity and age: To establish identity and age the applicant must present at least one of the following documents: (1) a valid, unexpired United States passport; (2) a valid, unexpired United States passport card; (3) a valid foreign passport with I-551stamp; (4) an original or a certified copy of a birth certificate filed with a state office of vital statistics or equivalent agency in the individual's place (state) of birth; (5) a consular report of birth abroad (CRBA) issued by the U.S. department of state, form FS-240, DS-1350 or FS-545; (6) a valid, unexpired permanent resident card (form I-551) issued by the U.S. department of homeland security (DHS) or immigration and naturalization service (INS); (7) a certificate of naturalization issued by DHS, form N-550 or form N-570; (8) a certificate of citizenship, form N-560 or form N-561, issued by DHS; (9) a valid unexpired employment authorization document (EAD) issued by DHS, form I-766 or form I-688B, verified through the systematic alien verification for entitlement system (SAVE); (10) a foreign passport with unexpired U.S. visa affixed, accompanied by the approved I-94 form documenting the applicant’s most recent admittance into the U.S., verified by SAVE; (11) REAL ID driver’s license or ID card combined proof of legal presence if legal presence is temporary; or (12) other documents as allowed by an approved DHS exception process. C. Proof of Identification number: Along with the proof of identity and age document listed above, an applicant must also present one the following documents, provided that the document bears the applicant’s social security number: (1) a social security number (SSN) card; (2) a W-2 form; (3) a social security administration (SSA)-1099 form; (4) a non-SSA-1099 form; or (5) a pay stub with the applicant’s name and social security number on it. D. Proof of New Mexico residency: The applicant must present at least two of the following documents that include the individual’s name and principal residence: (1) a current real property rental agreement or a purchase agreement; (2) a utility bill dates within 60 days of the application and that is not a cellular phone bill; (3) an insurance bill, card or binder dated within the past six months of the application; (4) a bank or credit card statement dated within 60 days of the application; (5) an employment pay stub containing applicant’s name and address, dated within 60 days of the application; (6) a local property tax statement from the county assessor’s office of the county where the property is located; (7) a documentation from an educational institution such as a transcript, report card or enrollment confirmation, dated within 60 days of the application; (8) original documentation from a city, county, state, tribal or federal government organization or community organization attesting to the applicant’s New Mexico residency; 18.19.5 NMAC 4 (9) a New Mexico medical or public assistance card with address on card, letter from issuing agency that came with the card, showing name and address, or profile print-out from issuing agency; (10) documents indicating membership in a New Mexico religious organization provided applicant is less than 18 years of age; (11) documents indicating membership in a New Mexico sports organization provided applicant is less than 18 years of age; (12) if the applicant is less than 18 years of age, an affidavit from the applicant’s parent or guardian stating that the applicant lives with that person, as long as the affidavit is accompanied by the parent/guardian’s New Mexico identification card, or two proofs of residency of the parent/guardian; or (13) a document evidencing eligibility and proof that the applicant is currently receiving services from a non-profit organization qualified pursuant to Section 501 (c)(3) of the Federal Internal Revenue Code of 1986 provided the document displays the applicant’s address. E. Indication of Sex: An applicant must indicate their sex as either male, female or gender x. F. Proof of lawful status: An applicant must present one of the documents listed in Paragraph (1) a valid unexpired US passport, Paragraph (2) a valid unexpired US passport card, Paragraph (4) an original or a certified copy of birth certificate filed with a state office of vital statistics or equivalent agency in the individual’s place (state) of birth, Paragraph (5) a consular report of birth abroad, Paragraph (6) a valid unexpired permanent resident card, or Paragraph (7) a certificate of naturalization of Subsection (B) of 18.19.5.12 NMAC. G. Exceptions process: A process for persons who, for reasons beyond their control, are unable to present all necessary documents and must rely on alternate documents to establish identity or age. Alternative documents to demonstrate lawful status will only be allowed to demonstrate U.S. citizenship. Circumstances deemed “beyond the person’s control” include but are not limited to: an event occurred prior to the year official documents are available from the state or territory; natural disaster circumstances; customer provides proof from the issuing agency that documents were destroyed; or non-issuance of official records. (1) Defined exception process #1: Certified letter of enrollment or of Indian blood & affidavit of birth. If the applicant is a member of a federally- recognized Indian nation, tribe or pueblo and does not have a birth certificate because they were not born in a hospital, the motor vehicle division will accept their certified letter of enrollment or valid identification card issued by a federally recognized Indian nation, tribe or pueblo and the applicant’s birth registration notification issued by the U.S. census office for the applicant’s federally- recognized Indian nation, tribe or pueblo so long as the letter contains the applicant’s name and date of birth and the applicant provides a letter from the New Mexico department of health, bureau of vital statistics rejecting the applicant’s request for a delayed birth registration. The combination of these documents provides proof of U.S. citizenship and identity. (2) Defined exception process #2: Certified letter of enrollment or valid identification card issued by a federally recognized Indian Nation, tribe or pueblo as proof of age. If the applicant is a member of a federally- recognized Indian nation, tribe or pueblo and does not have a birth certificate to demonstrate proof of age, the applicant may use a certified letter of enrollment or valid photo-identification card issued by a federally- recognized Indian nation, tribe or pueblo as documentary proof of the applicant’s age so long as the letter contains the applicant’s name and date of birth and the applicant provides a letter from the New Mexico department of health, bureau of vital statistics rejecting the applicant’s request for a delayed birth registration. (3) Defined exception process #3: Baptismal certificate as proof of age. If the applicant was born before December 31, 1941, the applicant may use an original baptismal record or certified copy of a baptismal record as documentary proof of the applicant’s age so long as the baptismal record contains the applicant’s name and date of birth or date of baptism and the applicant provides a letter from the New Mexico department of health, bureau of vital records and health statistics rejecting the applicant’s request for a delayed birth registration. (4) Defined exception process #4: Military records as proof of age. If the applicant was born before December 31, 1941, the applicant may use a certified copy of military records as documentary proof of the applicant’s age so long as the record contains the applicant’s name and date of birth and the applicant provides a letter from the New Mexico department of health, bureau of vital records and health statistics rejecting the applicant’s request for a delayed birth registration. [18.19.5.12 NMAC - Rp, 18.19.5.12 NMAC 3/14/2023] 18.19.5.13 [RESERVED] 18.19.5.14 REAL ID-COMPLIANT DRIVER’S LICENSE AND IDENTIFICATION CARDS FOR LAWFUL UNITED STATES RESIDENTS: 18.19.5 NMAC 5 A. A person who is legally in the United States but not a United States citizen, United States national or permanent resident alien may apply for a REAL ID compliant New Mexico driver’s license, or identification card other than a commercial driver's license, and must provide documentary proof of their identification number, identity, age, indication of sex, lawful status and New Mexico residency. B. Proof of identity and age: To establish identity and age, the applicant must present one of the following documents: (1) an unexpired employment authorization document issued by U.S. department of homeland security (DHS), form I-766 or form I-688B, verified by the systematic alien verification for entitlements system (SAVE); (2) an unexpired foreign passport with a valid, unexpired U.S. visa affixed accompanied by the approved I-94 form documenting the applicant's most recent admittance into the United States, verified by SAVE. This document can be used to satisfy both the identity and age requirement, and proof of identification number requirement for a REAL ID compliant credential. (3) REAL ID driver’s license or identification card issued in compliance with the standards established by this part. C. If the identity document submitted is a REAL ID driver’s license or identification card as listed in Paragraph (3) of Subsection B of 18.19.5.14 NMAC, then to establish legal or lawful presence in the United States, the applicant must present one of the following documents issued by the U.S. federal government verified through SAVE: (1) an unexpired immigrant or nonimmigrant visa status for admission into the United States; (2) a pending or approved application for asylum in the United States; (3) documentation of admission into the United States as a refugee; (4) a pending or approved application for temporary protected status in the United States; (5) documentation of approved deferred action status; (6) a pending application for adjustment of status to legal permanent resident or conditional resident; (7) conditional permanent resident alien status; or (8) other documents as DHS may designate by notice published in the federal register. D. Proof of identification number: An applicant must also present documentary evidence of their identification number from one of the following documents: (1) if, eligible for social security number, one the following documents, provided that the document bears the applicant’s social security number: (a) a social security number (SSN) card; (b) a W-2 form; (c) a SSA-1099 form; (d) a non-SSA-1099 form; (e) a pay stub with the applicant’s name and social security number on it; or. (2) an unexpired foreign passport with a valid, unexpired U.S. visa affixed accompanied by the approved I-94 form documenting the applicant's most recent admittance into the United States, verified by SAVE. This document can be used to satisfy both the identity and age requirement, and identification number requirement for a Real ID compliant credential. E. Indication of sex: an applicant must indicate their sex as either male, female or gender x. F. Proof of New Mexico residency: The applicant must present at least two of the following documents that include the individual’s name and principal residence: (1) a current real property rental agreement or a purchase agreement; (2) a utility bill dates within 60 days of the application and that is not a cellular phone bill; (3) an insurance bill, card or binder dated within the past six months of the application; (4) a bank or credit card statement dated within 60 days of the application; (5) an employment pay stub containing applicant’s name and address, dated within 60 days of the application; (6) a local property tax statement from the county assessor’s office of the county where the property is located; (7) documentation from an educational institution such as a transcript, report card or enrollment confirmation, dated within 60 days of the application; (8) original documentation from a city, county, state, tribal or federal government organization or community organization attesting to the applicant’s New Mexico residency; 18.19.5 NMAC 6 (9) a New Mexico medical or public assistance card with address on card, letter from issuing agency that came with the card, showing name and address, or profile print-out from issuing agency; (10) documents indicating membership in a New Mexico religious organization provided applicant is less than 18 years of age; (11) documents indicating membership in a New Mexico sports organization provided applicant is less than 18 years of age; (12) if the applicant is less than 18 years of age, an affidavit from the applicant’s parent or guardian stating that the applicant lives with that person, as long as the affidavit is accompanied by the parent/guardian’s New Mexico identification card, or two proofs of residency of the parent/guardian; or (13) a document evidencing eligibility and proof that the applicant is currently receiving services from a non-profit organization qualified pursuant to Section 501 (c)(3) of the Federal Internal Revenue Code of 1986 provided the document displays the applicant’s address. [18.19.5.14 NMAC - Rp, 18.19.5.14 NMAC 3/14/2023] 18.19.5.15 STANDARD DRIVER’S LICENSE OR STANDARD IDENTIFICATION CARD THAT IS NOT ACCEPTABLE FOR FEDERAL PURPOSES: A. Applicants for a New Mexico standard license or standard identification card that is not acceptable for federal purposes must provide documentary proof of their identity, indication of sex, age and New Mexico residency. B. Proof of identity and age: To establish identity and age, applicants can use one of the following documents if it contains the applicant’s name and date of birth, to provide documentary proof of their identity and age. If the document does not contain the applicant’s name and date of birth, two of the following documents will be required: (1) an original or certified copy of a birth certificate filed with a state office of vital statistics or equivalent agency in the individual's place of birth; (2) a consular report of birth abroad issued by the U.S. department of state, form FS-240, DS-1350 or FS-545; (3) an unexpired employment authorization document issued by the U.S. department of homeland security, form I-766 or form I-688B, verified by SAVE; (4) an identification card issued by a foreign consulate, such as the consulate of Mexico in El Paso, Texas, or Albuquerque, New Mexico. (5) a certified letter of enrollment issued by a federally recognized Indian nation, tribe or pueblo; (6) a valid identification card issued by a federally recognized Indian nation, tribe or pueblo; (7) certified copy of foreign birth certificate issued by the applicant’s place or birth, provided that if the document is not in English, a certified copy of the foreign birth with a notarized English translation; (8) affidavit of Indian birth; (9) a state issued driver's license, a driver’s license issued by a territory of the United States, or by jurisdiction of Canada, as long as it has a photograph and has not been expired more than one year; (10) a state government-issued photo identification card, or a photo identification card issued by a territory of the United States, or by a jurisdiction of Canada, as long as it has a photograph and has not been expired more than one year; (11) a state government-issued photo learner’s permit, or a photo learner’s permit issued by a territory of the United States, or by a jurisdiction of Canada, as long as it has a photograph and has not been expired more than one year; (12) an American Indian or Alaskan proof of Indian blood, certificate of degree of Indian blood, federal Indian census card or tribal membership card; (13) a photo identification card issued by the United States military, United States coast guard or New Mexico national guard; (14) an identification document issued by the United States veterans administration, so long as it is accompanied by a United States veterans administration medical center identification card; (15) a valid United States active duty/retiree/reservist military identification card (DOD ID DD-2); (16) a United States, state, or local government-issued photo ID, issued based on name, social security number and date of birth; (17) N560 certificate of citizenship if verified in SAVE; 18.19.5 NMAC 7 (18) N550 certificate of naturalization if verified in SAVE; (19) a valid permanent resident card issued by the United States government if verified in SAVE; (20) a valid I-551 resident alien card issued since 1997 if verified in SAVE; (21) a valid New Mexico license or identification card; (22) a court order for name change, gender change, adoption or divorce, as long as it includes the legal name, date of birth and court seal; (23) a New Mexico correction department photo identification card, or a photo identification card issued by the federal bureau of prisons, that includes the name, date of birth and documentation that the card has not expired within the past year; (24) a social security card; (25) military discharge/separation papers (DD 214); (26) selective service card; (27) an I-94 form presented without a passport if it contains the applicant’s photo; (28) a military dependent identification card that includes the applicant’s photo; (29) a medical insurance card or documentation of medical insurance coverage or eligibility containing an insurance identification number including a Medicaid or Medicare card; (30) a passport or passport card from the applicant’s country of citizenship; (31) a passport or passport card from the United States if verified through systematic alien verification for entitlements system (SAVE); (32) individual tax identification number (ITIN); (33) a medical record less than one year old that is not from a visit to an emergency room or urgent care facility; (34) proof of eligibility for and receipt of public assistance benefits, including general assistance, temporary assistance for needy families and the supplemental nutrition assistance program with a copy of the state human services department eligibility profile page dated with the last year. C. Proof of New Mexico residence: A person must present at least two of the following documents that include the individual’s name and principal residence: (1) a current real property agreement or a purchase agreement; (2) a utility bill dated within 60 days of the application and does not include a cell phone bill; (3) an insurance bill, card or binder dated within the past six months of the application; (4) a bank or credit card statement dated within 60 days of the application; (5) an employment pay stub containing applicant’s name and address, dated within 60 days of the application; (6) a local property tax statement from the county assessor’s office of the county where the property is located; (7) documentation from an education institution such as a transcript, report card or enrollment confirmation, dated within 60 days of the application; (8) original documentation from a city, county, state, tribal or federal government organization or community organization attesting to the applicant’s New Mexico residency; (9) a New Mexico medical or public assistance card with address on card, letter from issuing agency that came with the card, showing name and address, or profile print-out from issuing agency; (10) documents indicating membership in a New Mexico religious organization provided applicant is less than 18 years of age; (11) documents indicating membership in a New Mexico sports organization provided applicant is less than 18 years of age; (12) if the applicant is less than 18 years of age, an affidavit from the applicant’s parent or guardian stating that the applicant lives with that person, as long as the affidavit is accompanied by the parent/guardian’s New Mexico identification card, or two proofs of residency of the parent/guardian; (13) a document evidencing eligibility and proof that the applicant is currently receiving services from a non-profit organization qualified pursuant to Section 501 (c)(3) of the Federal Internal Revenue Code of 1986 provided the document displays the applicant’s address. D. Applicants for a standard driver’s license or standard identification card not acceptable for federal purposes who are homeless or in temporary lodging and unable to provide two of the documents identified in Subsection C of 18.19.5.15 NMAC may provide an affidavit or a notarized letter from a representative of a New Mexico governmental entity, not-for-profit organization, assisted care facility/home, adult assisted living 18.19.5 NMAC 8 facility/home, homeless shelter, transitional service provider, or group/half way house attesting to the address where the applicant resides or receives services in lieu of the documents required in Subsection C of 18.19.5.15 NMAC. E. Indication of sex: an applicant must indicate their sex as either male, female or gender x.