A. Sections 66-1-4.1 through 66-1-4.20 NMSA 1978 define terms for general
purposes of the Motor Vehicle Code. When in a specific section of the Motor Vehicle
Code a different meaning is given for a term defined for general purposes in Sections
66-1-4.1 through 66-1-4.20 NMSA 1978, the specific section's meaning and application
of the term shall control.
B. All references in the Motor Vehicle Code and elsewhere in the NMSA 1978 to
Section 66-1-4 NMSA 1978 shall be construed to include Sections 66-1-4.1 through 66-
1-4.20 NMSA 1978.
C. All references in the NMSA 1978 to the "department of motor vehicles" or
"department" shall, whenever appropriate, mean the taxation and revenue department.
D. All references in the NMSA 1978 to the "commissioner of motor vehicles" or
"commissioner" shall, whenever appropriate, mean the secretary.
History: 1953 Comp., § 64-1-4, enacted by Laws 1978, ch. 35, § 4; 1979, ch. 71, § 1;
1981, ch. 361, § 2; 1983, ch. 295, § 27; 1987, ch. 250, § 1; 1987, ch. 268, § 17; 1988,
ch. 56, § 2; 1989, ch. 318, § 1; 1990, ch. 120, § 1; 1991, ch. 160, § 1.
ANNOTATIONS
The 1991 amendment, effective July 1, 1991, deleted "motor vehicle division of the"
preceding "taxation" in Subsection C and substituted "secretary" for "director of the
division" at the end of Subsection D.
The 1990 amendment, effective July 1, 1990, in Subsection A, added the first sentence
and substituted "Sections 66-1-4.1 through 66-1-4.20 NMSA 1978" for "this section" in
the present second sentence, deleted former Subsection B setting forth definitions of
words and terms used in the Motor Vehicle Code and added present Subsections B to
D.
The 1989 amendment, effective July 1, 1989, rewrote Subsection B(1); in Subsection
B(20), substituted "identified by a" for "sufficiently bounded by a fence, chain, posts or
other fence of wall material, the top of which shall be twelve inches above the ground so
as to definitely indicate the boundary thereof, and within which boundary is" in
Subparagraph (b); substituted "forty" for "thirty-two" in Subsection B(32); and inserted
"and may include a conservator, guardian, personal representative, executor or similar
fiduciary" in Subsection B(44).
The 1988 amendment, effective July 1, 1988, substituted "in Paragraph (20) of this
subsection" for "herein" in Subsection B(2); in Subsection B(22), substituted "person
who for the first time under state or federal law or municipal ordinance has been
adjudicated guilty" for "person who has been convicted in a trial court under state or
federal law or municipal ordinance", deleted "narcotic drug" following "liquor", deleted
"other" preceding "drug", inserted "safely" preceding "driving a motor vehicle", and
substituted "regardless of whether the person's sentence was suspended or deferred"
for "and includes a person who pled guilty to the charge or pled nolo contendere to the
charge, whether or not his sentence was suspended or deferred, or a person who was
convicted, pled guilty or nolo contendere, but had such conviction dismissed by virtue of
his attendance at, and successful completion of, a driver rehabilitation program or a
'driving-while-intoxicated school'"; and rewrote Subsection B(64).
Am. Jur. 2d, A.L.R. and C.J.S. references. — 7A Am. Jur. 2d Automobiles and
Highway Traffic § 1.
Airplane or other aircraft as "motor vehicle" or the like within statute providing for
constructive or substituted service of process on nonresident motorist, 36 A.L.R.3d
1387.
What constitutes ownership of automobile within the meaning of automobile insurance
owner's policy, 36 A.L.R.4th 7.
What is "temporary" building or structure within meaning of restrictive covenant, 49
A.L.R.4th 1018.
60 C.J.S. Motor Vehicles § 1.
Notes of Decisions
Boone v. State, 731 P.2d 366 (N.M. 1986).
· cites it 12× “35, § 510 (codified at NMSA 1978, § 66-8-102 (Orig.Pamp.) (recompilation of DWI provision)).”
State v. Johnson, 15 P.3d 1233 (N.M. 2000).
· cites it 8× “Despite the express limitation to "upon a highway" found in this general definitional statute, our analysis does not end here. Instead, we must consider the effect of Section 66-7-2.”
State v. Russell, 823 P.2d 921 (N.M. Ct. App. 1991).
· cites it 12× “1990) (defining "first offender"); § 66-1-4(22) (Repl.Pamp. 1989) (same). [6] See 1988 N.”
State v. Sims, 236 P.3d 642 (N.M. 2010).
· cites it 2× “See NMSA 1978, § 66-1-4 (1978, as amended through 1991) (stating that the definition sections “define terms for general purposes of the Motor Vehicle Code”).”
Newman v. Basin Motor Co., 644 P.2d 553 (N.M. Ct. App. 1982).
· cites it 4× “is furnished or performed at the request or with the consent of any person lawfully in possession of such automobile, for the reasonable value of such services and for costs incurred in enforcing the lien.”
Smith Mach. Corp. v. Hesston, Inc., 694 P.2d 501 (N.M. 1985).
· cites it 2× “” NMSA 1978, § 66-l-4(B)(39)(Repl.Pamp.l984). “Vehicle” is defined in part as “every device in, upon which or by which, any person or property is or may be transported or drawn upon a highway, including any frame, chassis or body of any vehicle or motor vehicle * * NMSA 1978, §…”
State v. Willis, 652 P.2d 1222 (N.M. Ct. App. 1982).
· cites it 2× “The Code does define "person" to include "every natural person," see § 66-1-4(B)(46), N.M.S.A. 1978 (1982 Cum.”
State v. Richardson, 832 P.2d 801 (N.M. Ct. App. 1992).
· cites it 2× “There, this court interpreted the language of former Section 66-1-4(B)(74) (now Section 66-1-4.”
State v. Ryder, 649 P.2d 756 (N.M. Ct. App. 1981).
· cites it 2× “A "peace officer" is defined at § 66-1-4(49) as "every officer authorized to direct or regulate traffic or to make arrests for violations of the Motor Vehicle Code," and § 66-8-125 makes it clear that those officers who may effect *758 traffic arrests must be "[m]embers of the…”
Matthews v. State, 825 P.2d 224 (N.M. Ct. App. 1991).
· cites it 2× “1989); see also NMSA 1978, § 66-1-4(B)(42) (Repl.Pamp.1989).”
N.M. Stat. § 66-1-4(22): 1 case
State v. Russell, 823 P.2d 921 (N.M. Ct. App. 1991).
“1990) (defining "first offender"); § 66-1-4(22) (Repl.Pamp. 1989) (same). [6] See 1988 N.”
N.M. Stat. § 66-1-4(24): 1 case
Newman v. Basin Motor Co., 644 P.2d 553 (N.M. Ct. App. 1982).
“is furnished or performed at the request or with the consent of any person lawfully in possession of such automobile, for the reasonable value of such services and for costs incurred in enforcing the lien.”
N.M. Stat. § 66-1-4(39): 1 case
Newman v. Basin Motor Co., 644 P.2d 553 (N.M. Ct. App. 1982).
“is furnished or performed at the request or with the consent of any person lawfully in possession of such automobile, for the reasonable value of such services and for costs incurred in enforcing the lien.”
N.M. Stat. § 66-1-4(49): 1 case
State v. Ryder, 649 P.2d 756 (N.M. Ct. App. 1981).
“A "peace officer" is defined at § 66-1-4(49) as "every officer authorized to direct or regulate traffic or to make arrests for violations of the Motor Vehicle Code," and § 66-8-125 makes it clear that those officers who may effect *758 traffic arrests must be "[m]embers of the…”
N.M. Stat. § 66-1-4(64): 1 case
State v. Russell, 823 P.2d 921 (N.M. Ct. App. 1991).
“1990) (defining "first offender"); § 66-1-4(22) (Repl.Pamp. 1989) (same). [6] See 1988 N.”
N.M. Stat. § 66-1-4(71): 1 case
N.M. Stat. § 66-1-4(A): 2 cases
State v. Johnson, 15 P.3d 1233 (N.M. 2000).
“Despite the express limitation to "upon a highway" found in this general definitional statute, our analysis does not end here. Instead, we must consider the effect of Section 66-7-2.”
Boone v. State, 731 P.2d 366 (N.M. 1986).
“35, § 510 (codified at NMSA 1978, § 66-8-102 (Orig.Pamp.) (recompilation of DWI provision)).”
N.M. Stat. § 66-1-4(B)(18): 1 case
Boone v. State, 731 P.2d 366 (N.M. 1986).
“35, § 510 (codified at NMSA 1978, § 66-8-102 (Orig.Pamp.) (recompilation of DWI provision)).”
N.M. Stat. § 66-1-4(B)(39): 1 case
N.M. Stat. § 66-1-4(B)(42): 1 case
Matthews v. State, 825 P.2d 224 (N.M. Ct. App. 1991).
“1989); see also NMSA 1978, § 66-1-4(B)(42) (Repl.Pamp.1989).”
N.M. Stat. § 66-1-4(B)(46): 1 case
State v. Willis, 652 P.2d 1222 (N.M. Ct. App. 1982).
“The Code does define "person" to include "every natural person," see § 66-1-4(B)(46), N.M.S.A. 1978 (1982 Cum.”
N.M. Stat. § 66-1-4(B)(60): 1 case
N.M. Stat. § 66-1-4(B)(64): 1 case
State v. Russell, 823 P.2d 921 (N.M. Ct. App. 1991).
“1990) (defining "first offender"); § 66-1-4(22) (Repl.Pamp. 1989) (same). [6] See 1988 N.”
N.M. Stat. § 66-1-4(B)(71): 1 case
N.M. Stat. § 66-1-4(B)(74): 2 cases
Smith Mach. Corp. v. Hesston, Inc., 694 P.2d 501 (N.M. 1985).
“” NMSA 1978, § 66-l-4(B)(39)(Repl.Pamp.l984). “Vehicle” is defined in part as “every device in, upon which or by which, any person or property is or may be transported or drawn upon a highway, including any frame, chassis or body of any vehicle or motor vehicle * * NMSA 1978, §…”
State v. Richardson, 832 P.2d 801 (N.M. Ct. App. 1992).
“There, this court interpreted the language of former Section 66-1-4(B)(74) (now Section 66-1-4.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.