S 48 CITY OR COUNTY MANDATORY VEHICLE INSPECTIONS

Sen Peter Wirth

Actions: SPREF [1] STBTC/SJC-STBTC [7] w/o rec-SJC [8] DP/a

Scheduled: 03-18 09:00 am Senate Chambers

 Senate Bill 48 (SB 48) enacts a new section of the motor vehicle code to authorize Class A counties or municipalities within Class A counties to enact ordinances establishing mandatory vehicle inspections. SB 48 amends Grounds for refusing, suspending or revoking registration or certificate of title to include the failure to provide proof of receiving a mandatory vehicle inspection as grounds to refuse, suspend or revoke vehicle registration, issuance of certificate of title or transfer of registration. Provides a penalty.
 

 Senate Bill 48 (SB 48) enacts a new section of the motor vehicle code to authorize Class A counties or municipalities within Class A counties to enact ordinances establishing mandatory vehicle inspections. SB 48 amends Grounds for refusing, suspending or revoking registration or certificate of title to include the failure to provide proof of receiving a mandatory vehicle inspection as grounds to refuse, suspend or revoke vehicle registration, issuance of certificate of title or transfer of registration. 

SECTION 1. Amends Section 66-3-7 NMSA 1978 (being Laws 1978, Chapter 35, Section 27, as amended) titled GROUNDS FOR REFUSING, SUSPENDING OR REVOKING REGISTRATION OR CERTIFICATE OF TITLE to insert Subsection M. 

Subsection M allows that the division may refuse, suspend or revoke registration or issuance of a certificate of title or a transfer of registration upon the grounds that the owner is required to but has failed to provide proof of compliance with a vehicle inspection program for vehicle noise or safety maintenance, if required in the county or municipality in which the owner resides.

SECTION 2. Inserts new material into Section 66-3-7.2 NMSA 1978 of motor vehicle registration laws titled:  ADOPTION OF A VEHICLE NOISE OR SAFETY MAINTENANCE INSPECTION ORDINANCE--PROOF OF INSPECTION REQUIRED FOR REGISTRATION—PENALTY
A. A class A county or a municipality within a class A county may establish a mandatory vehicle safety maintenance or vehicle noise inspection ordinance. 
B. The division shall not register a vehicle owned by a resident of a class A county or a municipality with a mandatory vehicle safety inspection ordinance unless proof of the required vehicle inspection or exemption from the requirement is presented.
C. A county or municipality that enacts an ordinance pursuant to Subsection A shall inform the director of the division about the ordinance within 30 days of its passage. 
D. It is a penalty assessment misdemeanor for any person to register a vehicle in a county or municipality that does not conduct a vehicle inspection if the registered owner of that vehicle resides in a county or municipality conducting a vehicle inspection program to evade a vehicle inspection program.
E. As used in this section, "safety maintenance" means maintenance of windshields, mirrors, registration plates or other vehicle parts required to meet certain safety standards established by ordinance.

SECTION 3. Amends Section 66-8-116 NMSA 1978 (being Laws 1978, Chapter 35, Section 524, as amended) titled PENALTY ASSESSMENT MISDEMEANORS--DEFINITION-- SCHEDULE OF ASSESSMENT to add to the list of misdemeanors and penalties: Improper location of registration to avoid inspections with a penalty of $50.

SECTION 4. Provides the effective date of the provisions of this act is July 1, 2023. 

 Senate Judiciary Amendement
Senate Bill 48 (SB 48), which enacts a new section of vehicle code, is amended by the Senate Judiciary Committee in Section 1, Subsection M to insert an exemption:  provided that a vehicle purchased from a dealer licensed pursuant to Section 66-4-1 NMSA 1978 shall be exempt from a vehicle noise or safety maintenance inspection program for two years from the date of the purchase.