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Section 66-1-4.9 - Definitions.

NM Stat § 66-1-4.9 (2019) (N/A)
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As used in the Motor Vehicle Code:

A. "identification card" means a document issued by the department or the motor vehicle administration of a state or other jurisdiction recognized under the laws of New Mexico that identifies the holder and includes a REAL ID-compliant identification card and a standard identification card;

B. "implement of husbandry" means every vehicle that is designed for agricultural purposes and exclusively used by the owner in the conduct of agricultural operations;

C. "international registration plan" means the registration reciprocity agreement among the contiguous states of the United States, the District of Columbia and provinces of Canada providing for payment of apportionable fees on the basis of total distance operated in all jurisdictions. The international registration plan is a method of registering fleets of vehicles that travel in two or more member jurisdictions and complies with the federal Intermodal Surface Transportation Efficiency Act of 1991;

D. "intersection" means:

(1) the area embraced within the prolongation or connection of the lateral curb lines or, if none, then the lateral boundary lines of the roadways of two highways that join one another at, or approximately at, right angles, or the area within which vehicles traveling upon different highways joining at any other angle may come in conflict; and

(2) where a highway includes two roadways thirty feet or more apart, every crossing of each roadway of that divided highway by an intersecting highway shall be regarded as a separate intersection; in the event that the intersecting highway also includes two roadways thirty feet or more apart, every crossing of two roadways of those highways shall be regarded as a separate intersection;

E. "inventory", when referring to a vehicle dealer, means a vehicle held for sale or lease in the ordinary course of business, the cost of which is used in calculating the dealer's cost of goods sold for federal income tax purposes; and

F. "jurisdiction", without modification, means "state".

History: 1978 Comp., § 66-1-4.9, enacted by Laws 1990, ch. 120, § 10; 1998, ch. 48, § 1; 2015, ch. 9, § 1; 2019, ch. 167, § 2.

Cross references. — For the federal Intermodal Surface Transportation and Efficiency Act of 1991, see Title 23 of the U.S.C.

The 2019 amendment, effective October 1, 2019, defined "identification card" as used in the Motor Vehicle Code; and added a new Subsection A and redesignated former Subsections A through E as Subsections B through F, respectively.

The 2015 amendment, effective July 1, 2015, added "international registration plan" to the definitions section of the Motor Vehicle Code to comply with the federal Intermodal Surface Transportation and Efficiency Act related to interstate registration of vehicles; added Subsection B relating to the definition of "international registration plan", and redesignated the succeeding subsections accordingly.

The 1998 amendment, effective July 1, 1998, added a new Subsection C, redesignated former Subsection C as Subsection D, and made minor stylistic changes.

No "intersection" where nonpublic alley meets highway. — Where record failed to disclose any evidence that an alley which ran into an east-west street from the south but did not cross to the north side of the street was open to the use of the public as a matter of right, the alley could not be brought within the definition of a highway under Section 64-14-16, 1953 Comp. (similar to Section 66-1-4.8 NMSA 1978), for the purpose of determining whether there existed at that point an intersection as defined under Section 64-14-17, 1953 Comp. (similar to this section). Sallee v. Spiegel, 1963-NMSC-088, 72 N.M. 145, 381 P.2d 425.

Two separate intersections where two lanes separated by 30 feet. — Where east-west street had two lanes separated by 30-foot wide grass parkway and intersected north-south street, two separate intersections were created, and southbound motorist had no duty to stop at southern roadway where there was no stop sign, even though there was a stop sign at the northern roadway, although he did have duty to operate his automobile in a careful and prudent manner. Vargas v. Clauser, 1957-NMSC-035, 62 N.M. 405, 311 P.2d 381.

If roadway is shown not to be a public road, then the statutory ban on passing other vehicles within 100 feet of an intersection of two roads does not apply. Moore v. Armstrong, 1960-NMSC-098, 67 N.M. 350, 355 P.2d 284.

Am. Jur. 2d, A.L.R. and C.J.S. references. — Parking illegally at or near street corner or intersection as affecting liability for motor vehicle accident, 4 A.L.R.3d 324.

What is street or highway intersection within traffic rules, 7 A.L.R.3d 1204.

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Section 66-1-4.9 - Definitions.