A. The department is vested with the power and is charged with the duty of
observing, administering and enforcing the Motor Vehicle Code [66-1-1 NMSA 1978] in
cooperation with state and local agencies as provided by law and the provisions of law
now existing or hereinafter enacted.
B. The secretary may seek an injunction in any district court to require compliance
with or prohibit violation of the Motor Vehicle Code.
C. A person authorized to carry out the duties imposed on the department by law is
authorized to copy a record or document, including a birth certificate, necessary to
establish that an applicant has met the requirements for issuance of a document issued
by the department.
History: 1953 Comp., § 64-2-3, enacted by Laws 1978, ch. 35, § 7; 1991, ch. 160, § 5;
1995, ch. 31, § 6; 2007, ch. 319, § 10.
ANNOTATIONS
The 2007 amendment, effective June 15, 2007, added Subsection C, providing for the
copying of records or documents by persons authorized to carry out the duties of the
department.
The 1995 amendment, effective July 1, 1995, deleted former Subsection B relating to
adoption of an official seal by the secretary, and redesignated former Subsection C as
Subsection B.
The 1991 amendment, effective July 1, 1991, substituted "department" for "director" in
the catchline and in Subsection A; deleted former Subsection B, relating to the authority
of the director to adopt and enforce rules and regulations; redesignated former
Subsections C and D as present Subsections B and C; substituted "secretary" for
"director" in Subsections B and C; substituted "department or any of its divisions" for
"division" at the end of Subsection B; substituted "under the Motor Vehicle Code" for
"herein" at the end of Subsection C; and made stylistic changes in Subsection A.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 7A Am. Jur. 2d Automobiles and
Highway Traffic § 18.
Notes of Decisions
Collyer v. State of New Mexico Taxation & Revenue Dep't, 913 P.2d 665 (N.M. Ct. App. 1995).
· cites it 2× “That section provides that “[t]he [MVD] shall immediately revoke the license of any driver upon receiving a record of the driver’s adjudication . . or conviction of any .”
Pedroza v. Lomas Auto Mall, Inc., 600 F. Supp. 2d 1173 (D.N.M. 2009).
“§ 66-2-3(A). The authority that the New Mexico Legislature granted to the TRD includes the power to issue regulations to implement statutes that the TRD is charged with enforcing, see id.”
State v. Wolf (N.M. Ct. App. 2017).
· cites it 4× “[DS 8; MIO 2, 4-6] Defendant’s belief 2 seems to stem, at least in part, from statutory language in the Administrative Hearings 3 Office Act, NMSA 1978, §§ 7-1B-1 to -9 (2015), and in the Motor Vehicle Code, 4 NMSA 1978, § 66-2-3 (2007). Defendant’s understanding is misguided.”
State v. Wolf (N.M. Ct. App. 2018).
· cites it 2× “[Unpaginated MIO 2] However, Defendant 7 misapprehends NMSA 1978, Section 66-2-3 (2007). Subsection A states: “The 8 department is vested with the power and is charged with the duty of observing, 9 administering and enforcing the Motor Vehicle Code .”
State v. Torres (N.M. Ct. App. 2011).
· cites it 2× “See NMSA 1978, § 66-2-3(A) (2007). In contrast, 13 the “central purpose of a criminal trial is to decide the factual question of the 14 defendant’s guilt or innocence.”
N.M. Stat. § 66-2-3(A): 4 cases
Pedroza v. Lomas Auto Mall, Inc., 600 F. Supp. 2d 1173 (D.N.M. 2009).
“§ 66-2-3(A). The authority that the New Mexico Legislature granted to the TRD includes the power to issue regulations to implement statutes that the TRD is charged with enforcing, see id.”
State v. Wolf (N.M. Ct. App. 2017).
“[DS 8; MIO 2, 4-6] Defendant’s belief 2 seems to stem, at least in part, from statutory language in the Administrative Hearings 3 Office Act, NMSA 1978, §§ 7-1B-1 to -9 (2015), and in the Motor Vehicle Code, 4 NMSA 1978, § 66-2-3 (2007). Defendant’s understanding is misguided.”
State v. Torres (N.M. Ct. App. 2011).
“See NMSA 1978, § 66-2-3(A) (2007). In contrast, 13 the “central purpose of a criminal trial is to decide the factual question of the 14 defendant’s guilt or innocence.”
Annotations are extracted automatically from the opinions in the
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