Chapter 12, Section A:
Businesses that Must be Licensed by the Division

Revised December 7, 2011



Dealers and other businesses that must be licensed (66-4-1A)

A person, unless licensed to do so by the department (TRD-MVD), shall not carry on or conduct the active trade or business of:

A dealer in motor vehicles
of a type subject to registration pursuant to the Motor Vehicle Code [66-1-1 NMSA 1978], including:

  1. trailers, but not trailers sold as kits;
  2. recreational vehicles designed to be towed;
  3. motorcycles over 55 cubic centimeters; and
  4. off-highway motor vehicles pursuant to the Off-Highway Motor Vehicle Act.

Dismantling any vehicle (auto recycler)
for the resale of the parts. Any person possessing three or more wrecked, dismantled or partially wrecked or dismantled vehicles and selling or offering for sale a used vehicle part and who regularly sells or offers for sale used vehicles or used vehicle parts shall be presumed to be conducting the business of wrecking or dismantling a vehicle for the resale of the parts.

Wholesaling of vehicles
Any person who sells or offers for sale vehicles of a type subject to registration in this state, to a vehicle dealer licensed pursuant to the Motor Vehicle Code or who is franchised by a manufacturer, distributor or vehicle dealer to sell or promote the sale of vehicles dealt in by such manufacturer, distributor or vehicle dealer shall be presumed to be conducting the business of wholesaling.

Distributing of vehicles
Any person who has a physical presence in New Mexico, who distributes or sells new or used motor vehicles to dealers in New Mexico, and who is not a manufacturer shall be presumed to be conducting the business of distributing vehicles.

A title service company
Any person who for consideration prepares or submits applications for the registration of or title to vehicles shall be presumed to be engaging in the business of a title service company.


Application for license (66-4-1B)

Application for a dealer, wholesaler, distributor or wrecker of vehicles license or a title service company license shall be made upon the form prescribed by the department and shall contain the name and address of the applicant and, when the applicant is a partnership, the name and address of each partner or, when the applicant is a corporation, the names of the principal officers of the corporation and the state in which incorporated and the place where the business is to be conducted and the nature of the business and such other information as may be required by the department.

Every application shall be verified by the oath or affirmation of the applicant, if an individual, or, in the event an applicant is a partnership or corporation, by a partner or officer of the partnership or corporation. Every application shall be accompanied by the fee required by law.