A. Except for recreational vehicles, the department, upon receiving an initial nonfranchise dealership application accompanied by the required fee and when satisfied that the applicant has completed eight hours of education as approved by the department and complies with the laws of this state with reference to the registration of vehicles and certificates of title and the provisions of the Motor Vehicle Code, shall issue to the applicant a license that entitles the licensee to conduct the business of a dealer, auto recycler or title service company. The license may be renewed upon application, payment of the fee required by law and completion every year of four hours of continuing education as approved by the department. A licensee shall not lease, loan, transfer or sell its license to another person, and no person shall use the license of another person for any purpose.

B. A dealer or auto recycler licensee, before moving any of the licensee's places of business or opening any additional place of business, shall apply to the department for and obtain a supplemental license for which no fee shall be charged. No supplemental license shall be issued to a dealer, other than a dealer in motorcycles only, for an additional place of business unless the business already has an established place of business.

C. A person to whom the department has issued a license to conduct the business of a dealer in motorcycles only is also deemed a recycler of motorcycles without additional license.

History: 1953 Comp., § 64-4-2, enacted by Laws 1978, ch. 35, § 215; 1991, ch. 196, § 1; 1999, ch. 122, § 3; 2005, ch. 15, § 1; 2005, ch. 324, § 14; 2007, ch. 318, § 1; 2007, ch. 319, § 40; 2012, ch. 59, § 1; 2019, ch. 216, § 1.

Cross references. — For penalty for violation of section, see 66-4-9 NMSA 1978.

The 2019 amendment, effective June 14, 2019, removed the "good character" requirement to be licensed to conduct business as a dealer, auto recycler or title insurance company, and modified continuing education requirements for dealers, auto recyclers, and title company licensees; and in Subsection A, after "satisfied that the applicant", deleted "is of good character", after "eight hours of education", deleted "training", and after "completion every", deleted "two years" and added "year".

The 2012 amendment, effective July 1, 2012, required continuing education for renewal of a nonfranchise dealership license and in Subsection A, in the first sentence, after "approved by the", deleted "division" and added "department"; and in the second sentence, after "required by law", added "and completion every two years of four hours of continuing education as approved by the department".

The 2007 amendment, effective June 15, 2007, provided that a licensee shall not lease, loan, transfer or sell its license and that no person shall use the license of another person; provided that a supplemental license shall only be issued to a dealer, other than a dealer in motorcycles, for an additional place of business unless the business has an established place of business; eliminated staggered system for licensing; and eliminated the provision for renewal of wrecker of vehicles licenses.

The 2005 amendment, effective January 1, 2006, in Subsections A and B, changed "wrecker of vehicles" to "auto recycler"; in Subsection D, changed "wreckers of vehicles" to "auto recyclers"; and added Subsection E to provide that the holder of a wrecker of vehicles license shall apply for an auto recycler license when the holder would renew the wrecker of vehicles license.

This section was also amended by Laws 2005, ch. 15, § 1. It was set out as amended by Laws 2005, ch. 324, § 14. See 12-1-8 NMSA 1978.

The 1999 amendment, effective July 1, 1999, substituted "department" for "division" throughout the section; in Subsection A, in the first sentence, inserted "or title service company" and substituted "period for" for "calendar year in", and in the second sentence substituted "the last day of the period for which it was issued" for "December 31 of each year"; in Subsection B, inserted "dealer or wrecker of vehicles" and substituted "the licensee's" for "his" preceding "places of business"; and added Subsection D.

The 1991 amendment, effective June 14, 1991, added the phrase beginning "No supplemental license" and Paragraphs (1) and (2) in Subsection B and made minor stylistic changes in Subsections A and C.

All qualifying firms issued licenses even with same trade name. — Whether or not there may be problems concerning the reservation of trade names did not affect the operations of the department (now division) and the department could not refuse to issue licenses for the reason that there are a number of firms using the same name, the department should issue a license to a firm if it meets the statutory requirement. 1967 Op. Att'y Gen. No. 67-13.