Chapter 10, Section E:
Interlock and Limited Licenses

Revised August 11, 2009


If in doubt as to whether a driver qualifies for an Ignition Interlock License or a Limited License, field offices should use the “License Type Inquiry” function in MVD 2.0.

Please note that there is no such thing as a Limited Ignition Interlock License. Likewise, a Limited License should never be issued with a P (interlock system) restriction; and an Ignition Interlock License should never be issued with an H (limited license) restriction.2

What is the difference between a “Limited License” and an “Ignition Interlock License”?

Limited License:

As described in PQU#39 (August 23, 2007), Sec. 66-5-35 provides for issuance of a Limited License to allow certain individuals whose drivers’ licenses have been suspended or revoked to engage in gainful employment, to attend school or to attend a court-ordered treatment program. A Limited License is identified on the front of the card as a “RESTRICTED DRIVER LICENSE” with the H (limited license) restriction.  

By rule (18.19.5.70 NMAC), the driving privilege is generally limited to days that the applicant works or attends school, and is further limited to a period starting one hour before the applicant is required to be at work or school and ending one hour after work or school ends. Limited licenses are available only for class D, E and M licenses - never for commercial driver’s licenses.

A driver whose CDL has been revoked or suspended may surrender the CDL in order to get a non-commercial limited license. However, to re-establish the CDL after the revocation or suspension has expired, the driver would then have to apply for a new CDL, subject to the same requirements as any first-time CDL applicant.

The Limited License is not available to an individual whose license has been suspended or revoked for:

  • DWI;
  • nonpayment of child support;
  • failure to make child support payments;
  • failure to appear under the Mandatory Financial Responsibility Act; or
  • committing homicide by vehicle or great bodily harm by vehicle.

Ignition Interlock License:

The Ignition Interlock License, authorized by Sec. 66-5-503, is available to an individual whose driving permit or license has been revoked or denied for DWI. With an Ignition Interlock License an individual can drive anytime and anywhere as long as the vehicle is equipped with an ignition interlock device. An Ignition Interlock License is identified on the front of the card as an “INTERLOCK LICENSE” with the P (interlock system) restriction.  

An Ignition Interlock License is not available to a person who has been convicted of homicide by vehicle or great bodily injury by vehicle while under the influence of intoxicating liquor or drugs.

So what are the main differences between Limited and Ignition Interlock Licenses?

   

Limited

 

Ignition Interlock

Available for an individual whose license has been suspended, revoked or denied for

 

a variety of reasons, not including DWI

 

DWI

License allows the individual to drive

 

to and from school, work or a court-ordered treatment program

 

anytime, anywhere

Requirements for Issuance of a Limited License:

  1. Positive proof of identification
  2. Properly completed form MVD-10459, "Certification of Employment, Self-Employment or School Attendance” (Note: If using this intranet/Internet version of MVD-10459, be sure to give the licensee a copy of the completed form. MVD-10459 is also available as a multi-ply form from supply.)
  3. Proof of financial responsibility consisting of: a) vehicle liability insurance policy or insurance certification*; b) insurance binder*; c) state Treasurer’s Certificate of Deposit; or d) Surety Bond Certificate issued by MVD's Mandatory Insurance Section
  4. $63.00 (Limited License Fee) – payable only if the application is approved and the license is issued (Class D, E or M only)

    *Insurance documentation must name the applicant as the insured or as a covered driver; and must include the name of the insurance company; policy number; effective date and expiration date of coverage.

Requirements for Issuance of an Ignition Interlock License:

  1. Positive proof of identification.
  2. Proof of financial responsibility consisting of: a) vehicle liability insurance policy or insurance certification*; b) insurance binder*; c) state Treasurer’s Certificate of Deposit; or d) Surety Bond Certificate issued by MVD's Mandatory Insurance Section
  3. Proof that each motor vehicle to be operated by the applicant is equipped with an ignition interlock device (current contract or receipt for the interlock device)
  4. Properly completed and notarized form MVD-10456, “Affidavit For Ignition Interlock License” available on the MVD intranet and public TRD-MVD internet forms pages
  5. $63.00 (Ignition Interlock License Fee) – Payable only if the application is approved and the license is issued (Class D, E or M only).
    *Insurance documentation must name the applicant as the insured or as a covered driver; and must include the name of the insurance company; policy number; effective date and expiration date of coverage.

Ignition Interlock License Renewal Procedure:

The customer is not required to re-submit documentation for renewal of an Ignition Interlock License. Field offices are authorized to renew the Interlock license after verifying the following information.

  1. Make sure that the customer has a current contract or receipt for the interlock device.
  2. Complete a “License Type Inquiry” to verify that the applicant is still eligible for an Ignition Interlock License.
  3. Verify that the customer has current insurance.