As used in the Motor Vehicle Code:

A. "abandoned vehicle" means a vehicle or motor vehicle that has been determined by a New Mexico law enforcement agency:

(1) to have been left unattended on either public or private property for at least thirty days;

(2) not to have been reported stolen;

(3) not to have been claimed by any person asserting ownership; and

(4) not to have been shown by normal record-checking procedures to be owned by any person;

B. "access aisle" means a space designed to allow a person with a significant mobility limitation to safely exit and enter a motor vehicle that is immediately adjacent to a designated parking space for persons with significant mobility limitation and that may be common to two such parking spaces of at least sixty inches in width or, if the parking space is designed for van accessibility, ninety-six inches in width, and clearly marked and maintained with blue striping and, after January 1, 2011, the words "NO PARKING" in capital letters, each of which shall be at least one foot high and at least two inches wide, placed at the rear of the access aisle so as to be close to where an adjacent vehicle's rear tires would be placed;

C. "actual empty weight" means the weight of a vehicle without a load;

D. "additional place of business", for dealers and auto recyclers, means locations in addition to an established place of business as defined in Section 66-1-4.5 NMSA 1978 and meeting all the requirements of an established place of business, except Paragraph (5) of Subsection C of Section 66-1-4.5 NMSA 1978, but "additional place of business" does not mean a location used solely for storage and that is not used for wrecking, dismantling, sale or resale of vehicles;

E. "alcoholic beverages" means any and all distilled or rectified spirits, potable alcohol, brandy, whiskey, rum, gin, aromatic bitters or any similar alcoholic beverage, including all blended or fermented beverages, dilutions or mixtures of one or more of the foregoing containing more than one-half percent alcohol but excluding medicinal bitters;

F. "authorized emergency vehicle" means any fire department vehicle, police vehicle and ambulance and any emergency vehicles of municipal departments or public utilities that are designated or authorized as emergency vehicles by the director of the New Mexico state police division of the department of public safety or local authorities;

G. "autocycle" means a three-wheeled motorcycle on which the driver and all passengers ride in a completely or partially enclosed seating area and that is manufactured to comply with all applicable federal standards, regulations and laws and is equipped with:

(1) non-straddle seating;

(2) rollover protection;

(3) safety belts for all occupants;

(4) antilock brakes;

(5) a steering wheel; and

(6) pedals; and

H. "auto recycler" means a person engaged in this state in an established business that includes acquiring vehicles that are required to be registered under the Motor Vehicle Code for the purpose of dismantling, wrecking, shredding, compacting, crushing or otherwise destroying vehicles for reclaimable parts or scrap material to sell.

History: 1978 Comp., § 66-1-4.1, enacted by Laws 1990, ch. 120, § 2; 1999, ch. 297, § 4; 2005, ch. 324, § 1; 2007, ch. 319, § 2; 2010, ch. 74, § 2; 2011, ch. 78, § 1; 2015, ch. 53, § 2; 2017, ch. 54, § 1.

The 2017 amendment, effective June 16, 2017, revised the definition of "autocycle" as used in the Motor Vehicle Code; in Subsection G, in the introductory clause, after "completely", added "or partially", after "enclosed", deleted "tandem", after "seating area", added "and", after "that", added "is manufactured to comply with all applicable federal standards, regulations and laws", in Paragraph G(1), deleted "federal motor vehicle safety standard 571.205 glazing" and added "non-straddle seating", in Paragraph G(2), deleted "a roll cage" and added "rollover protection", and deleted Paragraph G(4) and redesignated the succeeding paragraphs accordingly.

The 2015 amendment, effective June 19, 2015, defined "autocycle", as used in the Motor Vehicle Code; in Subsection G, added the language defining "autocycle"; and designated the language that was formerly in Subsection G as Subsection H.

The 2011 amendment, effective June 17, 2011, in Subsection B, changed "parking space" to "access aisle".

The 2010 amendment, effective May 19, 2010, in Subsection B, after "clearly marked", added "and maintained" and after "with blue striping", added the remainder of the sentence.

The 2007 amendment, effective June 15, 2007, added the definition of "actual empty weight" in a new Subsection C.

The 2005 amendment, effective January 1, 2006, changed "wreckers of vehicles" to "auto recyclers" in Subsection C and added Subsection F to define "auto recycler".

The 1999 amendment, effective June 18, 1999, added Subsection B and redesignated former Subsections B to D as Subsections C to E.

A police vehicle showing red lights or sounding a siren is an emergency vehicle and all approaching or pursued vehicles are required to stop. 1959 Op. Att'y Gen. No. 59-20.

Volunteer fireman's private vehicle can be "authorized emergency vehicle". — A privately owned vehicle of a volunteer fireman can be designated as an authorized emergency vehicle. 1969 Op. Att'y Gen. No. 69-71.