Chapter 3, Section A:
Documents Required to Title and Register a New Vehicle
Revised
November 4, 2011
- Manufacturer’s Certificate of
Origin (MCO)
All new vehicles built by a manufacturer are identified
by the issuance of a Manufacturer’s Certificate of Origin (MCO). All MCO’s must be the original document issued by the manufacturer.
Photocopies will not be accepted. If original is lost, stolen or
mutilated it is possible that the manufacturer will issue a
duplicate MCO.
The MCO must show:
a. Complete descriptive
information of the vehicle;
b. Complete assignment from the
manufacturer to a franchised dealer (an MCO assigned to a
non-franchised New Mexico dealer must first be converted to a New
Mexico Title before the non-franchised dealer can negotiate the
MCO);
c. A franchised dealer to the first purchaser of the vehicle.
An MCO may be accepted without notarization of the assignment if the
Motor Vehicle Division in the state of origin does not require
notarization. If the assignment and reassignment field have a
certification statement and a place for notarization, do not reject
if assignment is not notarized.
- Purchase Agreement
The purchase agreement is required on every title transaction involving a dealer
sale. The purchase agreement for new vehicles must be the original or
a certified copy, including purchase agreements from out-of-state dealers. This
document is essential for the computations of the excise tax, based
upon the net sale price of the vehicle. A non-certified copy will be
accepted if the sale price conforms to the NADA Retail Pricing Index Guide
(i.e. is at least 80% of the N.A.D.A. new car/truck MSRP value of
the vehicle).
If any taxes are paid out-of-state a certified copy of the purchase
agreement must be provided.
The purchase agreement must show the
following:
a. A complete description of the vehicle;
b. A complete
description of any trade-in vehicle;
c. The gross sales price before
trade-in deduction, if any;
d. The net sales price less any
discounts;
e. If taxes are paid to out-of-state dealer they will be
credited towards New Mexico taxes due.
NOTE: An “Intent to Purchase”
document cannot be accepted as a purchase agreement.
- Odometer Statement
The Motor
Vehicle Division requires that the seller and buyer of a motor
vehicle attest to the accuracy of the odometer mileage reading at
the time of sale. The odometer mileage statement can be attested to
in the assignment on the back of the MCO, on
MVD Form 10187
“Odometer Mileage Statement” or
MVD Form 10002
“Application for
Title and Registration.” Odometer mileage disclosure statements may
be accepted provided that they conform to federal standards, meaning
they must have the language stating mileage is actual (AM), exceeds
mechanical limits (EL) or warning odometer discrepancy (NM). The
odometer statement is required on all motor vehicle title
transactions, except off-highway vehicles.
- Proof of Trade-In Vehicle
If a
vehicle was traded-in on the new vehicle, a copy of the trade-in
registration or copy of Certificate of Title is required. Any
vehicle can be traded for any vehicle. Title work brought in by
dealers must include verification of ownership on vehicle trade-in.
If proof of trade-in is a copy of the Title, verify that license plate
number belongs to applicant on automated system before reassigning
the plate to the new vehicle.
- Affirmation of Insurance
(66-5-208) NMSA
The Mandatory Financial Responsibility Act (MFRA)
of 1984 (Chapter 11 Section A) requires that every owner of a motor vehicle registered in
New Mexico be able to demonstrate proof of financial responsibility
for liability for damages, which may arise from the operation of the
motor vehicle. Applicant must affirm that vehicle meets minimum
requirements, which are: $25,000/bodily injury to or death of one
person in any one accident. $50,000/bodily injury to or death of two
or more persons in any one accident. $10,000/injury to or
destruction of property of others in any one accident.
- Power of Attorney (POA) General or
Limited
a. Must be notarized;
b. Owner must sign in ink;
c.
Certified copies of “POA” may be accepted;
d. If notary’s commission
expires, POA remains active until rescinded by owner;
e. POA cannot
be used to execute any transaction after death of grantor;
f.
Dealers must use a secure POA only;
g. Proof of ID for Owner's
Representative (Motor Vehicle photo I.D. card or license).
NOTE: A
Person appointed with a Power of Attorney CANNOT assign their
authority by Power of Attorney to another individual.
- Notice of Additional Requirements
When reviewing all the documents submitted by the applicant, if you
should find that ANY of the required documents are missing, you must
prepare MVD Form 10282 “Notice of Additional Requirements for
completion of Vehicle Transaction”. Use this form to document all
requirements that have been met and especially to document
everything that is missing or incorrect.
Transactions will be
rejected if documents lack any necessary information, if documents
do not have all signatures, or if documents are incorrect or missing
information. Any discrepancies found shall be explained to the
applicant. Be sure to review documents carefully and note all
additional requirements necessary to complete the transaction. Date
the form, give it to the applicant and advise them all required
documents must be returned within 30 days of the date on the form to
avoid late registration penalties and late transfer fees.
Reject the transaction if there are any erasures, alterations, type-overs or
discrepancies on any of the documents. To the extent possible,
documents should have the same typeset, ink, etc, to avoid being
reviewed by staff as an alteration.
- Title Application and Owner’s
Signature
When lien holder, dealer or title company is submitting
the title work for applicant, the Title Application completely
filled out must be included. The owner or the authorized
representative must sign, in ink, on the Title Application. If
multiple owners names are joined with “AND”, then both/all
signatures are required. If a
representative is signing for the applicant, a notarized power of
attorney is required. An officer of a company may sign the
Application for Title without a Power of Attorney.
- Lien Holder Information
a. File
and maturity date;
b. Name and address;
c. Lien holder key code, if any
- New Mexico Residence Address
Required (66-3-4A) (PQU#64rev2)
Individual owner/applicants for title and registration must
provide a bona fide New Mexico residence address and mail address.
Acceptable proof of New Mexico residence address can be either: a) a
current New Mexico driver's license (DL) or identification card
(ID); or b) the same two documents that would be required to prove
residency for a DL or regular ID, with reference to the
acceptable documents chart and the
new rule Q&A. If the
DL/ID address and the registration address are not the same, two
documents will be required as proof of residency for the vehicle
registration.
When there are multiple owners, at least one owner must be a bona
fide resident of New Mexico. Proof of identity and New Mexico
residency is only required for that one owner, who should be listed
as the first individual owner on the vehicle’s registration and who
is the only owner who can use the vehicle registration as proof of
the owner’s New Mexico residence address. For this purpose it makes
no difference whether the joint ownership designation is recorded as
“and” or “or.”
Similar documentation shall be required of any applicant for vehicle
registration and certificate of title that is a firm, association,
corporation or other entity (non-individual) owner and is not an
established MVD customer. In addition to the specific examples (such
as utility bill, insurance bill or bank statement) listed on the
chart, acceptable documents to prove New Mexico business address for
an entity owner would include a business license, articles of
incorporation or equivalent documents.
Reject the application if the applicant does not have a New Mexico
residence or business and mailing address.
Exception: (See also
PQU#64rev2) Sec. 66-3-301E NMSA 1978
requires that a nonresident doing business in New Mexico and owning
and regularly operating a vehicle here shall register the vehicle.
If the nonresident business does have a bona fide New Mexico
business address, the same documentation is required as for any
other entity owner. However, it is sometimes the case that a
nonresident business, in order to comply with 66-3-301E, wants to
register a vehicle in New Mexico but has no New Mexico business
address. In that case, the 66-3-4A requirement of a bona fide New
Mexico business address does not apply, and we will accept the
owner’s out-of-state business address for our records.
Exception (see
Chapter 14 Section A - RVs):
A non-resident who takes possession of an RV in New Mexico may
register the RV in New Mexico (no proof of NM residency is
required). Proof of delivery in New Mexico is required.
- Vehicles must be Titled and
Registered Within 30 Days of Purchase to Avoid Late Registration
Penalties.
The date of sale of a vehicle and the beginning of the
30-day registration requirement period is established by the date of
assignment on the MCO or dealer’s invoice. If the dates on the MCO
and the dealer’s invoice are not the same, the earliest date is the
effective date of sale. Failure to apply for Title and Registration
within 30 days after sale as shown by the MCO assignment, to a New
Mexico resident will subject the new owner to registration
penalties.
|