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Chapter 10: Reinstatement Requirements

01/04/2009
11:03 AM

Section A.  Reinstatement Instructions
Section B.  Reinstatement Requirements
Section C.  Reinstatement Codes
Section D.  Penalty Assessment
Section E.  Interlock and Limited Licenses
Section F.  Interlock/Limited License Data Entry

 

Section A: Reinstatement Instructions

Revised September 9, 2008

 

Individuals, whose driver license and/or vehicle operating privileges have been revoked, suspended, denied, canceled or disqualified may apply for reinstatement as specified by law. Requirements for reinstatement vary. In addition, it is possible for a driver to have more than one adverse action on record, which will require compliance with the reinstatement requirements for each separate adverse action.

 

Please Note: Section 66-5-33.1 NMSA 1978 mandates payment of a reinstatement fee by any individual whose driver's license or vehicle operating privileges have been suspended or revoked. When multiple adverse actions appear on a driver's record, only one reinstatement fee transaction will be posted and collected.

  • Every first-time applicant for a New Mexico driver's license who is 25 years of age or over and who has been convicted of driving under the influence of alcohol or drugs, shall submit evidence with his application that he has successfully completed a bureau-approved DWI Prevention and Education Program. The "None for the Road" program offered by UNM can be taken to satisfy this requirement.
     

  • If the applicant's license has been suspended for points, he or she must take the Traffic Safety Bureau (TSB) approved 8 hour Driving Safety course.
     

  • If a violation requiring the imposition of a revocation or suspension occurred in a commercial motor vehicle, there may be a CDL disqualification imposed in addition to the revocation or suspension. The term of the disqualification may be different from the term of the revocation or suspension. You must check both the disqualification and the revocation/suspension prior to reinstating a driver who has a conviction for a violation, which occurred in a commercial motor vehicle, and reinstate only the class of license for which the applicant is currently eligible.

 

The applicant must be told that reinstatement is based upon information and eligibility on the date of the inquiry only. Any pending action will not be reflected in the driver's current record.

  • Reinstatement of driving privileges after a 5-year or 10-year revocation requires an “Order of Restoration” signed by a District Judge. The Court Order must be a certified copy. The applicant must pay a reinstatement fee.

 

Section B: Reinstatement Requirements


Revised July 18, 2008

 

Reinstatement Requirements

MR1 – If the suspension is due to misrepresentation (MR) and the suspension end date is prior to the current date, then you may reinstate if you have collected all of the required identification and residency documents. The suspension period is generally one year. If it is longer, contact Field Services

FR1 suspensions require proof of liability insurance. The insurance policy must be current and the driver must be listed on the policy. All FR1’s must have a letter of release from the attorney who issued the judgment. Acceptable forms are the release from the attorney or a Satisfaction of Judgment. These documents must be original or certified copies, dated within 30 days, and the driver must be named on the release. Exception - Statute of Limitations:  if the action is over 14 years old, no release is required.

FR2 suspensions require proof of liability insurance. The insurance policy must be current and the driver must be listed on policy. FR2 suspensions must be active for at least one year. If the suspension has been activated within the last year (from suspension begin date) a letter of release is required. If the suspension has been active for over one year, no release is required -- only proof of insurance.

Bankruptcy Cases

  • Driver must provide Motor Vehicle Division with a copy of “Petition for Bankruptcy”. The driver must be named as the petitioner and the petition must have court endorsement.
  • Driver must provide Motor Vehicle Division with a copy of “Schedule F” of the petition. The petition must have been filed after judgment was rendered against the driver, and the plaintiff in the case must be listed as a creditor.
  • Bankruptcy documents will replace payment agreement, satisfaction of judgment, or letter of release. Proof of Insurance still applies.

XC3 – Failure to remit penalty assessment. Must pay amount due.

XC4 - Failure to appear in court. Must submit Court Clearance.

XC5 – Out of state suspension for failure to remit penalty assessment. Must submit court clearance.

RV2 - This suspension is based on point accumulation and has a mandatory suspension period of one year. After the suspension period ends, the applicant must complete a Defensive Driving course and submit the course certificate as proof of completion. The Defensive Driving course must be at least 8 hours (18.20.8.12 NMAC).

PR1 – Parental Responsibility Surcharge. Must clear D51.

D51 – Disqualification for nonpayment of child support. Applicant must present a notarized release from Child Support Division which specifies the case # being cleared and must pay the MVD reinstatement fee. Clerk must confirm that the case# on the release matches the case# posted in the system.

BC1 – Suspension for “bad check.” Applicant must pay a $20.00 returned check fee and a $25.00 reinstatement fee. Additional fees charged by “Collect-Rite” are the original check amount plus the Collect-Rite fee.  

 

Section C: Reinstatement Codes

Revised July 18, 2008

 

Separate mailing

All original paperwork for FR1s, FR2s, MR1s and Bankruptcy reinstatements must be sent in to be microfilmed in Drivers Services. Once all proper documents are in order, including clerks initials, Misc. Trans. Form #, and Field Office #, the office manager can make the update.

If the office manager does not have the access necessary to these screens, contact the appropriate update office and fax all documentation to them. Once the screens have been updated, the clerk can reinstate the license.

Mail copies of all documents to Attn: FR Section, Driver Services, P.O. Box 1028, Santa Fe NM 87504

 

Motor Vehicle Division Violation Codes

 

VioCode

Statute Number

Points

Description

AC1

66-8-101B

-

Violation of a motor vehicle law resulting in bodily injury.

CC1

65-2-83

-

Failure to comply with SCC rules or regulations.

CC2

65-2-84

-

Failure to obtain intrastate authority.

CC3

65-2-105

-

Failure to register lease.

CC4

65-2-115

-

Failure to obtain interstate authority.

CR1

66-7-369

-

Child passenger restraint.

C11

66-5-68.1

-

Driving a commercial vehicle while person’s alcohol concentration is .04% or more. CMV only.

C12

66-8-102

-

Driving under the influence of alcohol as prescribed by state law while operating a CMV

C13

66-8-111

-

Refusal to undergo testing required by state or jurisdiction in the enforcement of the laws relating to driving while under the influence of alcohol when operating a commercial motor vehicle.

C14

66-8-102B

-

Driving a CMV while under the influence of a controlled substance. CMV only.

C15

66-7-206

-

Failure to give immediate notice of an accident involving injury, death or property damage in excess of $100. Leaving the scene of an accident involving a CMV in a CMV.

C16*

 

-

A felony involving the use of a CMV. CMV only.

C17*

 

-

Use of a CMV in the commission of a felony involving mfg, dist, or disp of a controlled substance. CMV only.

C18*

 

-

Excessive speeding, involving any single offense for any speed of 15 MPH or more above the posted speed limit. CMV only.

* These codes are used only to post convictions for commercial motor vehicle (CMV) violations received from other jurisdictions and are NOT to be used for New Mexico violations and convictions. For proper speeding violation code for New Mexico see Violation Codes XN1 – XN6.

VioCode

Statute Number

Points

Description

C19

66-9-114

3

Driving a CMV in willful or wanton disregard for the safety of persons or property. (Careless driving)

C20

66-8-113

6

Reckless driving as defined by State or local law or regulation including driving in willful or wanton disregard for safety of persons or property while operating a CMV

C21

66-7-317

-

Failure to keep in proper lane. Improper or erratic traffic lane changes while operating a CMV.

C22

66-7-318

-

Following the vehicle ahead too closely while operating a CMV.

C23

66-8-101

-

Violation arising in connection with fatal accident, of State or local law relating to motor vehicle traffic control while operating a CMV.

DE1

66-3-804

-

Operating with defective headlights.

DE2

66-3-840

2

Operating with defective brakes. (3 points prior to 7/1/92).

DE3

66-3-844

-

Operating with defective muffler or exhaust system.

DE4

66-3-847

-

Operating with defective tires.

DE5

66-3-801
66-3-807
66-3-901

2

Operating with any defective equipment resulting in inability to control vehicle movement properly. (3 points prior to 7/1/92)

DI0

66-8-102

-

Driving while intoxicated – first offense, DWI school. (Code valid for DWI violation, occurring prior to 7/1/90)

DI1

66-7-102

-

Driving under the intoxicating influence of alcohol, narcotics, or pathogenic drugs.

EM1

66-7-353

-

Leaving vehicle unattended with engine running.

EM2

66-7-357

2

Overloading vehicle with passengers or cargo. (3 points prior to 7/1/92)

EM3

66-7-408

-

Towing or pushing vehicle improperly.

EM4

66-3-843

-

Creating unlawful noise with vehicle or accessory.

EM5

66-3-831

-

Failure to dim lights as required by law. (3 points prior to 7/1/92)

EM7

66-3-504

-

Operating or using a vehicle without consent of owner.

ER1

66-7-356

-

Operating without equipment required by law.

ER2

66-7-358

-

Use of equipment prohibited by law.

FA1

66-8-101

-

Violation of a motor veh law resulting in the death of another person

FO1

66-7-318

3

Following too closely.

FO2

66-7-318B

-

Failure of truck to leave sufficient distance for overtaking by other vehicles.

FR4

66-5-205

-

Failure to file future proof of financial responsibility as required under any other provisions of the FR law.

FR5

66-5-205B

66-5-229

-

Failure to maintain required compulsory liability insurance.

HR1

66-7-201

-

Failure to stop and render aid after involvement in an accident resulting in bodily injury.

HR2

66-7-204
66-7-205

-

Failure to stop and reveal identity after involvement in an accident resulting in property damage only.

IL2

66-7-317

-

Failure to keep in proper lane.

LI1

30-8-10
66-7-364

-

Depositing injurious or harmful substance on trafficway.

MC1

65-1-12

-

Failure to register motor carrier vehicle.

MC2

65-1-26

-

Failure to produce registration or tax card.

MC3

65-5-1

-

Failure to produce manifest or stop at designated POE.

MC4

65-5-2

-

Failure to produce tax receipt or tax card.

MC5

65-5-3

-

Failure to obtain clearance certificate.

MC6

65-5-4

-

Failure to obtain short term registration.

MR1

66-5-37E

-

Misrepresentation of identity or other facts to obtain a driver’s license

MR2

66-5-37F

-

Displaying a driver’s license which is invalid because of alteration, counterfeiting or withdrawal (revocation, suspension, etc.)

MR3

66-5-37C

-

Displaying the driver license of another person.

MR4

66-5-37B

-

Loaning a driver license

MS1

65-7-324

-

Starting improperly from a parked position.

MS2

66-7-354

3

Improper backing.

MS3

66-7-367

-

Opening vehicle closure into traffic, or while vehicle is in motion

MS4

66-7-362

-

Crossing fire hose with vehicle.

MS6

66-7-359

-

Unsafe operation of vehicle

OL1

66-7-401

-

Violation of State size and weight law.

OL2

66-7-407

-

Failure to secure load.

OL3

66-7-408

-

Inadequate trailer connection or unbalanced loading

OL4

66-7-409

-

Overweight on axles.

OL5

66-7-410

-

Gross weight or bridge weight exceeds limits.

OL6

66-7-411

-

Shipper loading violation; refusal to submit to weighing.

OL7

66-7-413

-

Oversize/ Overweight permit violation.

OL8

66-7-416

-

Damage to highway structure or surface.

OS1

66-7-402

-

Violation of Sate width law.

OS2

66-7-403

-

Violation of lateral projection law.

OS3

66-7-404

-

Violation of maximum height or length law.

OS4

66-7-406

-

Violation of front or rear overhang law.

PA1

66-7-315

3

Passing where prohibited by posted signs, pavement markings, or hill or curve.

PA3

66-7-312

3

Passing with insufficient distance allowed for other vehicles or with inadequate visibility.

PA4

66-7-347

6

Passing school bus taking on or discharging passengers or displaying warning not to pass

PA6

66-7-332.1

-

Failure to yield to overtaking vehicle.

RK1

66-8-113

6

Heedless, willful, wanton, or reckless disregard of rights and safety of others in operating a motor vehicle, endangering persons or property. (Careless driving)

RK2

66-8-114

3

Operating a motor vehicle without the exercise of care and caution required to avoid danger to persons or property. (Careless driving)

RK3

66-3-858

-

Transporting hazardous substance without required safety devices or precautions.

RK4

66-7-360

-

Coasting or operating with gears disengaged.

RR1

66-7-210

-

Failure to file report of accident as required.

RR2

66-8-126

-

Failure to appear for hearing or for trial

RR3

66-5-37D

-

Failure to surrender driver license, registration, or title documents as required.

RR4

66-3-13
66-5-16

-

Failure to keep driver license or registration certificates in possession while driving or in a vehicle as required.

RR5

66-3-17
66-3-18A

-

Operating motor vehicle with registration plates missing, defaced, or obscured.

RT1

66-3-19

-

Operating a vehicle without registering it as required.

RT2

66-3-19C

-

Operating with expired registration.

RT3

66-8-3

-

Misrepresentation of identity or other facts to obtain title or registration.

RT4

66-8-2
66-8-3

-

Displaying a registration or title which is invalid because of alteration, counterfeiting or withdrawal (revocation, suspension, etc)

RT8

66-3-188

-

Improper use of evidences of registration.

RW1

66-7-332

4

Failure to yield right of way to emergency or other authorized vehicle. (3 points prior to 7/1/92)

RW2

66-7-330
66-7-331
66-7-345C
66-7-345D
66-7-346

3

Failure to yield right of way at yield sign, after stop sign or when emerging from private traffic way.

RW3

66-7-328

3

Failure to yield right of way in manner required at unsigned intersection.

RW4

66-7-334
66-7-337

-

Failure to yield right of way to pedestrian, animal rider, or animal drawn vehicle as required. (66-7-337 was 3 points prior to 7/1/92)

SA1

65-1-9

-

Federal hazardous materials violation

SA2

65-3-3

-

General State safety regulation violation.

SA3

65-3-7

-

Driver qualification – State

SA4

65-3-8

-

Driving of motor vehicles -State

SA5

65-3-9

-

Parts and accessories – State

SA6

65-3-11

-

Driver hours of service – State

SA7

65-3-12

-

Inspection, repair and maintenance violation – State

SA8

65-3-13

-

State hazardous materials violation.

SB1

66-7-372
66-7-373

2

Safety belt required.

SC1

66-7-4

-

Failure to follow instructions of police officer.

SC2

66-7-104
66-7-341
66-7-342

3

Failure to obey traffic instructions stated on traffic sign or shown by traffic control device.

SC3

66-7-319

-

Passing through or around barrier positioned to prohibit or channel traffic. (3 points prior to 7/1/92)

SC5

66-7-303.1

-

Failure to observe safety zone.

SC6

66-7-108
66-7-109

-

Obscuring, tampering with or illegally displaying traffic control devices, warning or instructions.

SI1

66-7-325

2

Failure to signal intention to change vehicle direction or to reduce speed suddenly. (3 points prior to 7/1/92)

SI2

66-7-326

2

Giving wrong signal (3 points prior to 7/1/92)

TU3

66-7-322
66-7-323

3

Making improper turn.

VR1

66-5-39

-

Driving while revoked.

VR2

66-5-39

-

Driving while suspended.

VR4

66-5-19

-

Operating contrary to conditions specified on driver license.

VR5

66-5-2
66-5-59

-

Operating without being licensed or without license required for type of vehicle operated.

VR6

66-5-41

-

Allowing an unlicensed operator to drive.

VR7

66-5-59B

-

Driving a CMV when out-of-service order is in effect.

WW1

66-7-316

-

Driving wrong way on one-way street. (3 points prior to 7/1/92)

WW2

66-7-317

-

Driving on wrong side of road. (3 points prior to 7/1/92)

WW3

66-7-316C

-

Driving in wrong direction at rotary intersection.

XA1

66-8-138

-

Illegal consumption or possession of alcoholic beverages in open containers in a motor vehicle.

XA2

32-1-34E5

-

Illegal possession, use or abuse of controlled substance or certain chemical substances by a minor (adjudicated as a delinquent)

XA3

66-8-111C1

-

Operating a commercial motor vehicle with a blood alcohol content in excess of the statutory limit – age 18 and over, 1st offense.

XA4

66-8-111C1

-

Operating a commercial motor vehicle with a blood alcohol content in excess of the statutory limit – age 18 and over, 1st offense, lab tested

XA5

66-8-111C3

-

Operating a commercial motor vehicle with a blood alcohol content in excess of the statutory limit – age 18 and over, 1st offense, subsequent offense.

XA6

66-8-111C3

-

Operating a commercial motor vehicle with a blood alcohol content in excess of the statutory limit – age 18 and over, 1st offense, subsequent offense, lab tested.

XB1

66-3-505

-

Receiving or transferring stolen vehicle or motor vehicle

XB2

66-5-38

-

Perjury conviction.

XB3

30-3-8

-

Shooting at or from a motor vehicle.

XB4

30-3-8

-

Attempting to shoot at or from a motor vehicle.

XF1

66-7-202

-

Failure to stop, reveal identity and/or render aid.

XF2

66-7-206

-

Failure to give immediate notice of an accident involving injury, death or property damage in excess of $100.

XG1

66-7-308

3

Drive on right side of roadway

XG2

66-7-309

3

Passing vehicle proceeding in opposite direction.

XG3

66-7-310
66-7-311
66-7-312

3

Improper overtaking or passing of a vehicle.

XG4

66-7-313

3

Driving to the left of center of roadway when prohibited.

XG5

66-3-1011
66-3-1012
66-3-1013
66-7-320
66-7-321

-

Operation of a vehicle where prohibited.

XG6

66-7-329

3

Vehicle turning left at intersection.

XG7

66-7-343

3

Certain vehicle must stop at railroad grade crossings.

XG8

66-7-344

-

Moving heavy equipment at railroad grade crossing.

XJ1

66-3-802

-

Failure to turn on headlights. (3 points prior to 7/1/92)

XJ2

65-3-853
66-3-854
66-3-855
66-3-856
66-3-857

-

Improper emergency signal.

XJ3

66-3-887

-

No slow moving vehicle emblem or flashing amber light.

XJ4

66-3-846

-

Operating with any defective equipment resulting in inability to control vehicle movement properly.

XJ5

66-3-805

-

Defective tail lamps.

XK1

30-8-4

-

Littering

XK2

66-3-851
66-3-852
66-7-349
66-7-350
66-7-351
66-7-352

-

Improper or dangerous parking.

XK3

66-5-40

-

Permitting unauthorized minor to drive

XK4

66-5-37G

-

Do any forbidden act or fail to perform any act required by the New Mexico motor vehicle code.

XM1

66-5-18A

-

Possession of altered, forged or fictitious license.

XM2

66-5-18B

-

Forging or making a fictitious driver’s license or permit.

XM3

66-5-37A

-

Display, permit to be displayed, or possess, any canceled, revoked, or suspended driver’s license or permit.

XM4

66-5-37D

-

Fail or refuse to surrender a driver’s license or permit.

XM5

66-5-37F

-

Permit any unlawful use of driver’s license or permit.

XX1

66-7-333

-

Pedestrians subject to traffic regulations.

XX2

66-7-340

-

Pedestrians soliciting rides or business.

 

Speeding Violations

VioCode

Statute Number

Points

Description

SP1

66-8-115

6

Contest racing on public traffic way.

SP3

66-7-306

-

Speed in excess of posted maximum.

SP4

66-5-305

-

Speed less than posted minimum. (3 points prior to 7/1/92)

XG9

66-7-366

-

Riding in or towing occupied house trailer.

XH1

66-7-301

-

Speeding 1 to 5 MPH over the posted speed limit if the limit is 15, 30, or 75.

XH2

66-7-301

3

Speeding 6 to 15 MPH over the posted speed limit if the limit is 15, 30, or 75 MPH.

XH3

66-7-301

3

Speeding 6 to 15 MPH over the posted speed limit on any traffic way if the limit is other than 15, 30 or 75 MPH and the speed is at least 76 MPH.

XH4

66-7-301

5

Speeding 16 to 25 MPH over the posted speed limit if the limit is 15, 30 or 75.

XH5

66-7-301

5

Speeding 16 to 25 MPH over the posted speed limit if the limit is other than 15, 30 or 75 MPH and the speed was at least 75 MPH.

XH6

66-7-301

8

Speeding 25 or more MPH over the posted speed limit if the limit is 15, 30 or 75 MPH.

XH7

66-7-301

8

Speeding 25 or more MPH over the posted speed limit if the limit is other than 15, 30 or 75 MPH and the speed was at least 76 MPH

XH8

66-7-301

-

Speeding 1 or more over the posted speed limit if the limit is other than 15, 30 MPH and the speed was at less than 76 MPH

XN1

66-7-301

3

Speeding in a commercial motor vehicle 6 to 14 MPH over the posted speed limit on anytrafficway where the speed limit is 15 or 30 MPH.

XN2

66-7-301

3

Speeding in a commercial motor vehicle 15 MPH over the posted speed limit on any trafficway if the posted speed limit is 15 or 30 MPH

XN3

66-7-301

3

Speeding in a commercial motor vehicle 6 to 14 MPH over the posted speed limit where the posted speed limit is other than 15 or 30 and the speed is at least 76 MPH.

XN4

66-7-301

3

Speeding in a commercial motor vehicle 15 MPH over the posted speed limit where the posted limit is other than 15 or 30 and the speed is at least 76 MPH.

XN5

66-7-301

-

Speeding in a commercial motor vehicle 6 to14 MPH over the posted speed limit on any trafficway where the speed limit is other than 15 or 30 and the speed is at least 76 MPH.

XN6

66-7-301

-

Speeding in a commercial motor vehicle 15 MPH over the posted speed limit on any trafficway where the speed limit is other than 15 or 30 and the speed is less than 76 MPH.

XP6

66-7-301**

2

Speeding 1 to 14 MPH over the posted speed limit on a public highway where the posted speed limit is 15 MPH.

XP7

66-7-301**

4

Speeding 15 to 30 MPH over the posted speed limit on a public highway where the posted speed limit is 15 MPH.

XP8

66-7-301**

6

Speeding 31 MPH or more over the posted speed limit on a public highway where the posted speed limit is 15 MPH.

X7

66-7-301**

2

Speeding 1 to 14 MPH over the posted speed limit on a public highway where the posted speed limit is 30 MPH.

XR8

66-7-301**

4

Speeding 15 to 30 MPH over the posted speed limit on a public highway where the posted speed limit is 30 MPH.

XR9

66-7-301**

6

Speeding 31 MPH or more over the posted speed limit on a public highway where the posted speed limit is 30 MPH

XS5

66-7-301**

-

Speeding in a non-commercial vehicle where the posted speed is other than 15 or 30 MPH zone.

XS6

66-7-301**

-

Speeding in a commercial motor vehicle 1 to 14 MPH over the posted speed limit where the posted speed limit is other than 15 or 30 MPH zone.

XS7

66-7-301**

-

Speeding in a commercial motor vehicle 15 MPH or more over the posted speed limit where the posted is other than 15 or 30 MPH zone.

** Violation code description and point value are valid for violations with an incident date prior to 10/31/96.

 

Motor Carrier Safety Violations 

VioCode

Statute Number

Points

Description

EB1

65-3-98

-

Absence of braking action

EB2

65-3-991

-

Damaged brake lining or pads

EB3

65-3-12A

-

Loose or missing brake components

EB4

65-3-12A1

-

Inoperable breakway braking system

 

Section D: Penalty Assessment


Revised July 18, 2008

 

When collecting fees for citations, which are not yet outstanding, the “Notice of Payment and Compliance” form MVD-10648 must be filled out completely. The information should be clearly written and must include the complete citation number. The citation number consists of the following identifying numbers:

 

 

County

 

Issuing Agency

 

Citation Number

 

  01   790   01234567  

 

This procedure shall be followed whether the customer brings you the citation or you find it posted on the “Citation Record” of the Motor Vehicle Driver Record.

 

If the citation indicates that it is for “Penalty Assessment,” verify that the fine should be paid to the Motor Vehicle Division and not to a Municipal or Tribal Court before accepting payment. The Motor Vehicle Division collects the penalty assessment if:

  • the citation is issued on a “Uniform Traffic Citation”;

  • the citation is checked off for “Penalty Assessment”; and

  • the citation is not issued by a city police department other than the Albuquerque Police Department.

Fees for citations that are collected by the Field Offices should be immediately posted to the system by the Office Manager or should be phoned in to the appropriate update office. 

 

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.

 

Section F: Interlock/Limited License Data Entry

Revised July 18, 2008

 

When a Driver comes to the Field office for an Ignition Interlock License, the agent should select “License Type Inquiry” from the EDL Main Menu. Enter all of the Driver Details and Click on Next. 

The next screen will display which type of license we can issue.

The agent can then inform the driver what he or she qualifies for and provide the required documents. If the driver already has the required documentation then the agent will verify the documents and proceed to the “License Entry” Screen under the EDL Main Menu.

Enter the drivers information and continue to issue Ignition Interlock or Limited License depending on the Inquiry result and the Driver’s Interest.

 

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