A. Any class A county or municipality within a class A county that has adopted an ordinance for a vehicle emission inspection and maintenance program pursuant to Subsection C of Section 74-2-4 NMSA 1978 may be designated by the department as an agent for the registration and re-registration of motor vehicles whose registered owner's address, as shown in the records of the department, is within the class A county or municipality within the class A county.

B. A military installation in New Mexico that has entered into an agency agreement with the department to operate a motor vehicle field office may be designated by the department as a fee agent for purposes of this section.

C. When designated as an agent or fee agent pursuant to this section, the county, municipality or military installation shall provide for effective enforcement to ensure compliance with the state motor vehicle registration laws and the vehicle emission inspection and maintenance program. Enforcement shall include but not be limited to denial of motor vehicle registration to any vehicle that fails to pass the vehicle emission inspection.

D. When designated as an agent or fee agent pursuant to this section, the county, municipality or military installation shall reimburse the department for any additional costs incurred by the department as a result of the designation of the county, municipality or military installation as an agent or fee agent. Money reimbursed to the department is appropriated to the department for administration and enforcement of the Motor Vehicle Code.

E. The department may terminate the designation of an agent or fee agent for failure of the agent to perform to the secretary's satisfaction the agent's duties by notifying the agent of the termination. Agency agreements may provide for the form of notice and the length of the period, if any, between the notice and the effective date of the termination.

History: 1978 Comp., § 66-2-14.1, enacted by Laws 1985, ch. 95, § 2; 1987, ch. 268, § 20; 1995, ch. 135, § 7; 2012, ch. 47, § 1.

The 2012 amendment, effective July 1, 2012, permitted the department to designate military installations as fee agents; added Subsection B; in Subsection C, in the first sentence, after "designated as an agent", added "or fee agent", after "the county, municipality", added "or military installation"; in Subsection D, in the first sentence, after "designated as an agent", added "or fee agent", after "this section, the county, municipality", added "or military installation", after "designation of the county", deleted "or", after "designation of the county, municipality", added "or military installation", and after "military installation as an agent", added "or fee agent"; and in Subsection E, in the first sentence, after "designation of an agent", added "or fee agent".

The 1995 amendment, effective June 16, 1995, added "termination" in the section heading, substituted "department" for "division" in Subsection A, made a minor stylistic change in Subsection C, and added Subsection D.