N.M. Stat. § 66-5-205.1
Uninsured motorist citation; requirements to be
followed at time of accident; subsequent procedures; insurer
notification requirements; suspension procedures.
A. When a law enforcement officer issues a driver who is involved in an accident a
citation for failure to comply with the provisions of the Mandatory Financial
Responsibility Act [66-5-201 to 66-5-239 NMSA 1978], the law enforcement officer shall
at the same time:
(1)
issue to the driver cited a temporary operation sticker, valid for thirty days
after the date the sticker is issued, and forward by mail or delivery to the department a
duplicate of the issued sticker; and
(2)
remove the license plate from the vehicle and send it with the duplicate of
the sticker to the department or, if it cannot be removed, permanently deface the plate.
B. The department shall return or replace, in its discretion, a license plate removed
under the provisions of Paragraph (2) of Subsection A of this section or replace a
license plate defaced under that paragraph when the person cited for failure to comply
with the provisions of the Mandatory Financial Responsibility Act furnishes proof of
compliance to the department and pays to the division a reinstatement fee of twenty-five
dollars ($25.00). If a person to whom the temporary operation sticker is issued furnishes
to the department, within fifteen days after the issuance of the sticker, evidence of
financial responsibility in compliance with the Mandatory Financial Responsibility Act
and in effect on the date and at the time of the issuance of the sticker, the department
shall replace or return the license plate and waive the twenty-five dollar ($25.00)
reinstatement fee.
C. The secretary shall adopt and promulgate rules prescribing the form and use of
the sticker required to be issued under Subsection A of this section.
D. The secretary shall adopt and promulgate rules requiring insurance carriers to
report canceled, terminated and newly issued motor vehicle insurance policies each
month to the department. Information pertaining to each motor vehicle shall be made a
part of that vehicle file for one year.
E. Within ten days of notification by the insurance carrier of a termination or
cancellation of a motor vehicle insurance policy, the department shall demand
satisfactory evidence from the owner of the motor vehicle that he meets the
requirements of the Mandatory Financial Responsibility Act. Failure to provide evidence
of financial responsibility within twenty days after the department has mailed its demand
for proof:
(1)
constitutes reasonable grounds to believe that a person is operating a
motor vehicle in violation of the provisions of Section 66-5-205 NMSA 1978; and
(2)
requires the department to suspend the person's registration as provided
in Section 66-5-236 NMSA 1978.
F. The department shall notify the superintendent of insurance if an insurance
carrier fails to provide monthly reports to the department regarding motor vehicle
insurance policy information as required by Subsection D of this section.