A vehicle or motor vehicle which has been determined by a
New Mexico law enforcement agency:
To have been left unattended on either public on private property
for at least 30 days;
Not to have been reported stolen;
Not to have been claimed by any person asserting ownership;
and
Not to have shown by normal record checking procedures to be
owned by any person. (66-1-4.1 NMSA 1978)
The chief executive employee of the municipality; including
but not limited to the Manager, Clerk or Administrator, or his designated
representative. (*)
A street intended to provide access to the rear or side of
lots or buildings in urban districts and not intended for the purpose
of through vehicular traffic. (*)
Any vehicle of the Fire Department, police vehicles, ambulances
and such emergency vehicles of municipal departments or public service
corporations as are designated or authorized by the Chief of the New
Mexico State Police or the Administrator. (66-1-4.1 NMSA 1978)
Every device propelled by human power, upon which any person
may ride, having two tandem wheels, except scooters and similar devices.
(66-1-4.2 NMSA 1978)
Every motor vehicle designed and used for the transportation
of persons; and every motor vehicle, other than a taxicab, designed
and used for the transportation of persons for compensation. (66-1-4.2
NMSA 1978)
The territory contiguous to and including a street and within
300 feet from the street where there are buildings in use for business
or industrial purposes, including but not limited to hotels, banks,
or office buildings, railroad stations, and public buildings which
occupy at least 50% of the frontage on one side or 50% of the frontage
collectively on both sides of the street. (66-1-4.2 NMSA 1978)
That a driver's license is annulled and terminated because
of some error or defect or because the licensee is no longer entitled
to such license, but cancellation of a license is without prejudice
and application for a new license may be made at any time after such
cancellation. (66-1-4.3 NMSA 1978)
Any connected assemblage of a motor vehicle and one or more
semitrailers, trailers, or semitrailers converted to trailers by means
of a converter gear. (66-1-4.3 NMSA 1978)
A self-propelled or towed vehicle, other than special mobile
equipment, used on public highways in commerce to transport passengers
or property when the vehicle: is operated interstate and has a gross
vehicle weight rating or gross combination weight rating, or gross
vehicle weight or gross combination weight, of 4,536 kilograms, or
10,001 pounds or more; or is operated only in intrastate commerce
and has a gross vehicle weight rating or gross combination weight
rating, or gross vehicle weight or gross combination weight, of 26,001
or more pounds. (66-1-4.3 J NMSA 1978)
Every highway, street or roadway in respect to which owners
or occupants of abutting lands and other persons have no legal right
of access to or from the same except at such points only and in such
manner as may be determined by the public authority having jurisdiction
over the highway, street or roadway. (66-1-4.3 NMSA 1978)
Any assemblage of one or more axles with a fifth wheel mounted thereon, designed for use in a combination to support the front end of a semitrailer but not permanently attached thereto. A converter gear shall not be considered a vehicle, as that term is used in NMSA 1978, Chapter 66, but weight attributable thereto shall be included in declared gross weight. (66-1-4.3 NMSA 1978)
That part of a street at an intersection included within the
connections of the lateral lines of the sidewalks on opposite sides
of the street measured from the curbs or, in the absence of curbs,
from the edges of the traversable roadway.
Any portion of a street at an intersection or elsewhere distinctly
indicated for pedestrian crossing by lines or other markings on the
surface. (66-1-4.3 NMSA 1978)
A space adjacent to a curb reserved for the exclusive use
of vehicles during the loading or unloading of passengers or materials.
(*)
From a half hour before sunrise to a half hour after sunset.
(*)
Any person who sells or solicits or advertises the sale of
new or used motor vehicles, house trailers or trailers subject to
registration in this state. Dealer shall not include:
Receivers, trustees, administrators, executors, guardians or
other persons appointed by or acting under judgment, decree or order
of any court;
Public officers while performing their duties as such officers;
Persons making casual sales of their own vehicles duly registered
and licensed to them by the state of New Mexico;
Finance companies, banks and other lending institutions covering
sales of repossessed vehicles; or
Licensed brokers under the Manufactured Housing Act who for
a fee, commission or valuable consideration engage in brokerage activities
related to the sale, exchange or lease-purchase of pre-owned manufactured
homes on a site installed for a consumer. (66-1-4.4 NMSA 1978)
The Secretary of the State Taxation and Revenue Department.
(66-1-4.4 NMSA 1978)
Any street containing a physical barrier, intervening space
or clearly indicated dividing section so construed to impede vehicular
traffic and separating vehicular traffic traveling in opposite directions.
(*)
Without further specification, "Division of Motor Vehicles"
or "Motor Vehicle Division" means the Department. (66-1-4.4 NMSA 1978)
Any operation in which any motor vehicle, new or used, constitutes
the commodity being transported, when one set or more of wheels of
any such motor vehicle is on the street during the course of transportation,
whether or not the motor vehicle furnishes the motive power. (66-1-4.4
NMSA 1978)
Every person who drives or is in actual physical control
of a motor vehicle, including a motor-driven cycle, upon a street
or who is exercising control over, or steering, a vehicle being towed
by a motor vehicle or who operates or is in actual physical control
of an off-highway motor vehicle. (66-1-4.4 K NMSA 1978)
A license or a class of license issued by a state or other
jurisdiction to an individual that authorizes the individual to drive
a motor vehicle. (66-1-4.4 NMSA 1978)
Any chemical compound or mechanical mixture that is commonly
used or intended for the purpose of producing an explosion and which
contains any oxidizing and combustive units or other ingredients in
such proportions, quantities, or packing that an ignition by fire,
friction, concussion, percussion, or detonator of any part of the
compound or mixture may cause such a sudden generation of highly heated
gases that the resultant gaseous pressures are capable of producing
destructive effects on contiguous objects or of destroying life or
limb. A further definition of explosives is contained in NMSA 1978,
§ 66-3-861.[1] (66-1-4.5 NMSA 1978)
[1]
Editor's Note: NMSA 1978, § 66-3-861 was repealed
by L. 2003, Ch. 173, § 1.
Every motor vehicle designed and used primarily as a farm
implement for drawing plows and mowing machines and other implements
of husbandry. (66-1-4.6 NMSA 1978)
A person who for the first time under state or federal law
or municipal ordinance has been adjudicated guilty of the charge of
driving a motor vehicle while under the influence of intoxicating
liquor or any drug which renders him incapable of safely driving a
motor vehicle regardless of whether the person's sentence was suspended
or deferred. (66-1-4.6 NMSA 1978)
Any liquid which has a flash point of 70° F., or less,
as determined by a tagliabue or equivalent closed-up test device.
(66-1-4.6 NMSA 1978)
A space adjacent to a curb for the exclusive use of vehicles
during the loading or unloading of freight. (*)
A manufactured home. (66-1-4.8 NMSA 1978)
Every vehicle which is designed for agricultural purposes
and exclusively used by the owner thereof in the conduct of his agricultural
operations. (66-1-4.9 NMSA 1978)
The area embraced within the prolongation or connection of the
lateral curblines, or, if none, then the lateral boundary lines of
the roadways or two streets which join one another at, or approximately
at, right angles, or the area within which vehicles traveling upon
different streets joining at any other angle may come in conflict.
Where a street includes two roadways 30 feet or more apart,
every crossing of each roadway of such divided street by an intersecting
street shall be regarded as a separate intersection. In the event
the intersecting street also includes two roadways 30 feet or more
apart, every crossing of two roadways of such highways shall be regarded
as a separate intersection. (66-1-4.9 NMSA 1978)
The junction of an alley with a roadway shall not constitute
an intersection. (*)
Any public highway which has been designated as an interstate
highway by the government of the United States. (*)
A roadway which is divided into two or more clearly marked
lanes for vehicular traffic. (66-1-4.10 NMSA 1978)
Any driver's license or any other license or permit to operate
a motor vehicle issued under, or granted by, the laws of this state
including:
Every tire the surface of which in contact with the street
is wholly or partly of metal or other hard nonresilient material,
except that for the purposes of this chapter a snow tire with metal
studs designed to increase traction on ice or snow shall not be considered
a metal tire. (66-1-4.11 NMSA 1978)
A house trailer, other than one held as inventory for sale
or resale, that exceeds either a width of eight feet or a length of
40 feet, when equipped for the road. (*)
A two-wheeled or three-wheeled vehicle with an automatic
transmission and a motor having a piston displacement of less than
50 cubic centimeters, which is capable of propelling the vehicle at
a maximum speed of not more than 30 miles an hour on level ground
at sea level. (66-1-4.11 NMSA 1978)
Every motor vehicle having a seat or saddle for the use of
the rider and designed to travel on not more than three wheels in
contact with the ground, but excluding a tractor. (66-1-4.11 NMSA
1978)
Every motorcycle, motor scooter and moped having an engine
with less than 100 cubic centimeters displacement. (*)
A motor-driven cycle as defined in this section. (*)
Every vehicle which is self-propelled and every vehicle which
is propelled by electric power obtained from batteries or from overhead
trolley wires, but not operated upon rails; but for the purposes of
the Mandatory Financial Responsibility Act (NMSA 1978, §§ 66-5-201
to 66-5-239), "motor vehicle" does not include "special mobile equipment."
(66-1-4.11 NMSA 1978)
The hours from a half hour after sunset to a half hour before
sunrise. (*)
Every person who is not a resident of this state. (66-1-4.12
NMSA 1978)
Whenever certain hours are named in this chapter they shall
mean standard time or daylight saving time as may be in current use
in this municipality. (*)
All signs, signals, markings and devices not inconsistent
with this chapter placed or erected by authority of a public body
or official having jurisdiction, for the purpose of regulating, warning,
or guiding traffic. (66-1-14.13 NMSA 1978)
A person who holds the legal title of a vehicle and may include
a conservator, guardian, personal representative, executor or similar
fiduciary or, in the event a vehicle is the subject of an agreement
for the conditional sale or lease thereof with the right of purchase
upon performance of the conditions stated in the agreement and with
an immediate right of possession vested in the conditional vendee
or lessee, or, in the event a mortgagor of a vehicle is entitled to
possession, then such conditional vendee or lessee or mortgagor. (66-1-4.13
NMSA 1978)
The standing of a vehicle, whether occupied or not, other
than temporarily for the purpose of and while actually engaged in
loading and unloading. (66-1-4.14 NMSA 1978)
A place adjacent to a curb reserved for the exclusive use
of vehicles during the loading or unloading of passengers. (*)
Any natural person on foot. (66-1-4.14 NMSA)
Every natural person, firm, copartnership, association, corporation,
or other legal entity. (66-1-4.14 NMSA 1978)
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 or structural members capable, generally,
of sustaining themselves as beams between the supporting connections.
(66-1-4.14 NMSA 1978)
Every officer authorized to direct or regulate traffic or
to make arrests for violations of this chapter. (66-1-4.14 NMSA 1978)
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. (66-1-4.14 NMSA 1978)
New Year's Day, Memorial Day, Independence Day, Labor Day,
Thanksgiving Day and Christmas Day, or any other day designated a
holiday by the governing body of this municipality. (*)
A carrier of persons or property upon cars operated upon
stationary rails. (66-1-4.15 NMSA 1978)
Any sign, signal, or device erected by authority of a public
body or official or by a railroad and intended to give notice of the
presence of railroad tracks or the approach of a railroad train. (66-1-4.15
NMSA 1978)
A steam engine, electric or other motor, with or without
cars coupled thereto, operated upon rails. (66-1-4.15 NMSA 1978)
A vehicle with a camping body that has its own motive power,
is affixed to or is drawn by another vehicle and includes motor homes,
travel trailers and truck campers. (66-1-4.15 NMSA 1978)
The number assigned by the Motor Vehicle Division to the
owner of a vehicle or motor vehicle required to be registered by the
Motor Vehicle Code. (66-1-4.15 NMSA 1978)
The plate, marker, sticker or tag assigned by the Motor Vehicle
Division for the identification of the registered vehicle. (66-1-4.15
NMSA 1978)
The territory contiguous to and including a street not comprising
a business district when the property on the street for a distance
of 300 feet or more is in the main improved with residences or residences
and buildings in use for business. (66-1-4.15 NMSA 1978)
That the driver's license and privilege to drive a motor
vehicle on the public streets are terminated and shall not be renewed
or restored, except that an application for a new license may be presented
and acted upon by the Division after the expiration of at least one
year after date of revocation. (66-1-4.15 NMSA 1978)
The privilege of the immediate use of the roadway. (66-1-4.15
NMSA 1978)
Every motor vehicle designed and used for drawing other vehicles
and not so constructed as to carry any load thereon, either independently
or as any part of the weight of a vehicle or load so drawn. (66-1-4.15
NMSA 1978)
That portion of a street improved, designed, or ordinarily
used for vehicular travel, exclusive of the berm or shoulder. In the
event a street includes two or more separate roadways, the term "roadway"
as used in this chapter refers to any such roadway separately but
not to all such roadways collectively. (66-1-4.15 NMSA 1978)
The area or space officially set apart within a street for
the exclusive use of pedestrians and which is protected or is so marked
or indicated by adequate signs as to be plainly visible at all times
while set apart as a safety zone. (66-1-4.16 NMSA 1978)
Any motor vehicle operating under the jurisdiction of the
State Board of Education or private school or parochial school interests
which is used to transport children, students or teachers to and from
schools or to and from any school activity, but not including any
vehicle:
Operated by a common carrier, subject to and meeting all requirements
of the State Corporation Commission but not used exclusively for the
transportation of students;
Operated solely by a government-owned transit authority, if
the transit authority meets all safety requirements of the State Corporation
Commission but is not used exclusively for transportation of students;
or
Operated as a per capita feeder as defined in NMSA 1978, § 22-16-6.
(66-1-4.16 NMSA 1978)
Any vehicle, without motive power, other than a pole trailer,
designed for carrying persons or property and for being drawn by a
motor vehicle, and so constructed that some part of its weight and
that of its load rests upon or is carried by another vehicle. (66-1-4.16
NMSA 1978)
That portion of a street between the curblines, or the lateral
lines of a roadway, and the adjacent property lines, intended for
the use of pedestrians. (66-1-4.16 NMSA 1978)
Every tire of rubber or other resilient material which does
not depend upon compressed air for the support of the load. (66-1-4.16
NMSA 1978)
The halting of vehicle, whether occupied or not, otherwise
than temporarily for the purpose of and while actually engaged in
receiving or discharging passengers. (*)
A state, territory or possession of the United States, the
District of Columbia, or any province of the Dominion of Canada. (66-1-4.16
NMSA 1978)
Any public highway which has been designated as a state highway
by the legislature, the State Transportation Commission or the Secretary
of the State Transportation Department. (66-1-4.16 NMSA 1978)
When required, means complete cessation from movement. (66-1-4.16
NMSA 1978)
When prohibited, means any stopping or standing of a vehicle,
whether occupied or not, except when necessary to avoid conflict with
other traffic or in compliance with the directions of a police officer
or traffic-control sign or signal. (66-1-4.16 NMSA 1978)
Every way or place generally open to the use of the public
as a matter of right for the purpose of vehicular travel, even though
it may be temporarily closed or restricted for the purpose of construction,
maintenance, repair or reconstruction. (66-1-4.16 NMSA 1978)
A person who was previously a first offender and who again,
under state law, federal law, or municipal ordinance, has been adjudicated
guilty of the charge of driving a motor vehicle while under the influence
of intoxicating liquor or any drug which rendered the person incapable
of safely driving a motor vehicle regardless of whether the person's
sentence is suspended or deferred. (66-1-4.16 NMSA 1978)
That the driver's license and privilege to drive a motor
vehicle on the public highways are temporarily withdrawn. (66-1-4.16
NMSA 1978)
A motor vehicle used in the transportation of persons for
hire, having a normal seating capacity of not more than seven persons.
(66-1-4.17 NMSA 1978)
Every street or portion thereof at the entrance to which
vehicular traffic from intersecting streets is required by law to
stop before entering or crossing the same when stop signs are erected
as provided in this chapter. (66-1-4.17 NMSA 1978)
Pedestrians, ridden or herded animals, vehicles, and other
conveyances either singly or together using any street for purposes
of travel. (66-1-4.17 NMSA 1978)
Any device, whether manually, electrically or mechanically
operated, by which traffic is alternately directed to stop and to
proceed. (66-1-4.17 NMSA 1978)
Any vehicle, without motive power, designed for carrying
persons or property and for being drawn by a motor vehicle, and so
constructed that no part of its weight rests upon the towing vehicle.
(66-1-4.17 NMSA 1978)
The Magistrate, Municipal or District Court which tries the
case concerning an alleged violation of a provision of the Uniform
Traffic Ordinance and the Motor Vehicle Code. (66-1-4.17 NMSA 1978)
An Indian nation, tribe or pueblo that is located wholly
or partially in New Mexico. For purposes of violations resulting in
suspension or revocation of licenses and for DWI offenses (NMSA §§ 66-5-25,
66-5-26, 66-5-30 and 66-8-102), "tribe" is further defined as one
that has executed an intergovernmental agreement with the state pursuant
to NMSA 1978, § 66-5-27.1. (66-1-4.17 and 66-5-1.2 NMSA
1978)(*)
Every motor vehicle designed, used or maintained primarily
for the transportation of property. (66-1-4.17 NMSA 1978)
Every motor vehicle designed and used primarily for drawing
other vehicles and not so constructed as to carry a load other than
a part of the weight of the vehicle and load so drawn. (66-1-4.17
NMSA 1978)
The tab or sticker issued by the Division to signify, upon
a registration plate, renewed registration. (66-1-4.19 NMSA 1978)
Every device in, upon, or by which any person or property
is or may be transported or drawn upon a street, including any frame,
chassis, body or unitized frame and body of any vehicle or motor vehicle,
except devices moved by human power or used exclusively upon stationary
rails or tracks. (66-1-4.19 NMSA 1978)
Any other term used in this chapter is used in its commonly
accepted meaning except where such term has been defined elsewhere
in this chapter or defined in NMSA 1978, §§ 66-1-4.1
through 66-1-4.21. (*)
