Current through Register Vol. 35, No. 18, September 24, 2024
A. The director of the motor vehicle division
may grant a limited driver's license so that an individual whose driving
privileges have been suspended or revoked may obtain or continue to hold
employment or to attend school, except in the instances specifically enumerated
in Subsection A of Section
66-5-35 NMSA 1978.
B. A limited driver's license is the granting
of a privilege to operate a motor vehicle upon the highways of this state but
only during certain hours of the day. Unless evidence demonstrates that the
limitation is unreasonable for a particular applicant, the general privilege is
limited to days in which the applicant works or attends school. Each day the
applicant works or attends school, the applicant's driving is limited to a
period starting one hour before the applicant's time of beginning work or
attending school and terminating one hour after the applicant's time of ending
work or attending school. Limited licenses will not be issued for commercial
driver's licenses. Limited licenses are available only for class D, E and M
licenses.
C. With respect to
driver's licenses suspended or revoked on or after July 1, 1999, all of the
following criteria must be met by an applicant for a limited license.
(1) The suspension or revocation of the
applicant's general driver's license must not have been a result of:
(a) a revocation for the fourth or subsequent
time pursuant to Subsection C of Section
66-8-111 NMSA 1978 or any
revocation pursuant to Subsection B of Section
66-8-111 NMSA 1978;
(b) a conviction for committing great bodily
harm by vehicle or great bodily injury by vehicle;
(c) a court order resulting from a finding of
delinquency, pursuant to the Children's Code;
(d) a failure to appear in court or to pay a
penalty assessment; or
(e)
non-payment of a judgment or default in payment under a settlement agreement
resulting from a motor vehicle accident.
(2) The applicant must be self-employed,
gainfully employed by another or enrolled in school.
(a) If the applicant is or will be employed
by another person, that current or prospective employer must certify in writing
the applicant's employment and the certification must include:
(i) a description of the days and hours
during which the applicant is working or will work each week;
(ii) a brief description of the applicant's
work duties;
(iii) the specific
duties of the applicant which require the operation of a motor vehicle on the
job; and
(iv) a brief explanation
of how, if at all, the lack of a driver's license would adversely affect the
applicant's ability to hold or secure gainful employment with the
employer.
(b) If
self-employed, the applicant must certify in writing the self-employment and
the certification must include:
(i) a
description of the days and hours during which the applicant works each
week;
(ii) a brief description of
the applicant's business or professional activity;
(iii) the number, if any, of the applicant's
employees; and
(iv) a brief
explanation of why the employees, if any, could not perform all of the motor
vehicle operations required by the applicant's business or professional
activity.
(c) For the
purposes of
18.19.5.70 NMAC, "school" includes
any school, institute, college or university, whether public or private,
offering courses of instruction to the public. If the applicant is attending
school, the school must certify in writing the applicant's attendance and the
certification must include:
(i) a description
of the days and hours the applicant is required to attend;
(ii) a brief description of the program or
course(s) the applicant is taking, the expected date of completion and whether
the applicant is meeting program requirements; and
(iii) a brief explanation of how, if at all,
the lack of a driver's license would adversely affect the applicant's ability
to complete the course of instruction.
(3) The applicant must meet the requirements
of the Mandatory Financial Responsibility Act. If the applicant meets the
requirements through automobile insurance, the automobile insurance policy must
identify the applicant as the insured and must be maintained for the term of
any limited driver's license or permit granted.
(4) The applicant must take and pass any
examination required for the class of license applied for.
(5) The applicant must agree to notify the
motor vehicle division of any change in the applicant's circumstances affecting
the limited license, including change in employment or enrollment, change in
employment or enrollment status, a failure to meet the requirements of the
Mandatory Financial Responsibility Act or any other circumstance required by
the director. In addition, an applicant who is required to have an ignition
interlock on each vehicle the applicant drives must also agree to inform the
motor vehicle division whenever the applicant is permitted to drive additional
vehicles.
(6) The applicant pays
any required fee for the limited license.
(7) Applicants whose driver's license was
revoked for a first, second or third time pursuant to Subsection C of Section
66-8-111 NMSA 1978 of the Implied
Consent Act or was revoked as a result of a second or third conviction for
driving under the influence of intoxicating liquor or drugs may not be granted
a limited license until at least thirty days after the date of revocation. Such
applicants must furnish documentation of:
(a)
enrollment in an approved DWI school: proof that the applicant enrolled in an
approved DWI school subsequent to the applicant's latest conviction for
violation of the Implied Consent Act and completed the course prior to
application for a limited license meets this requirement; and
(b) enrollment in an approved alcohol
screening program: proof that the applicant enrolled in an alcohol screening
program subsequent to the applicant's latest conviction for violation of the
Implied Consent Act and completed the program prior to application for a
limited license meets this requirement.
(8) An applicant whose driver's license was
revoked pursuant to Paragraph (3) of Subsection C of Section
66-8-111 NMSA 1978 of the Implied
Consent Act shall provide proof that an ignition interlock is installed and
operated according to the rules of the traffic safety bureau on every vehicle
the applicant is to operate. The applicant must provide a list of vehicles to
be operated by the applicant and proof that an approved and functioning
ignition interlock is installed on each listed vehicle.
(9) An applicant whose driver's license was
revoked as a result of a second or third conviction of driving under the
influence of intoxicating liquor or drugs shall provide a copy of his judgment
and sentence, which must attest that the applicant shall provide proof that
each motor vehicle to be operated by the applicant is equipped with an ignition
interlock of a type approved by the traffic safety bureau, and shall provide
proof that an ignition interlock is installed and operated according to the
rules of the traffic safety bureau on every vehicle the applicant is to
operate. The applicant must provide a list of vehicles to be operated by the
applicant and proof that an approved and functioning ignition interlock is
installed on each listed vehicle.
D. Failure at any time during the period for
which the limited license is granted to meet a requirement specified in
18.19.5.72 NMAC that is to be met
during the entire period for which the limited license is granted is cause for
revocation of the limited license.
