A. The department shall examine every first-time applicant for a driver's license or a motorcycle endorsement and may examine other applicants for a driver's license or motorcycle endorsement. The examination shall include a test of the applicant's ability to read and understand highway signs regulating, warning and directing traffic, the applicant's knowledge of the traffic laws of this state and an actual demonstration of ability to exercise ordinary and reasonable control in the operation of a motor vehicle except as provided in Section 66-5-7 NMSA 1978 and any further physical and mental examination as the department finds necessary to determine the applicant's fitness to operate a motor vehicle or motorcycle safely upon the highways.

B. Regardless of whether an applicant is examined under Subsection A of this section, the department shall test the eyesight of every applicant for a driver's license or motorcycle endorsement unless the application is for renewal of a license or endorsement and is made by mail or telephonic or electronic means.

C. The department is authorized to contract with other persons for conduct of tests of the applicant's ability to exercise ordinary and reasonable control of a motor vehicle. Any such contract may be terminated by the secretary upon written notice for failure of the contractor to perform the contractor's duties to the secretary's satisfaction. Contracts under this subsection 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.

D. For purposes of this section, a "first-time applicant" means an applicant other than a person who:

(1) holds a currently valid driver's license issued by New Mexico or any other jurisdiction at the time of application; or

(2) does not hold a currently valid driver's license issued by New Mexico or any other jurisdiction at the time of application but who held a valid driver's license issued by New Mexico or any other jurisdiction within one year prior to the date of application if that driver's license was not revoked under any provision of the Motor Vehicle Code or suspended, canceled or revoked under the laws of any other jurisdiction for reasons similar to those for which revocation is authorized under the Motor Vehicle Code.

History: 1953 Comp., § 64-5-14, enacted by Laws 1978, ch. 35, § 236; 1995, ch. 135, § 18; 2010, ch. 42, § 1; 2010, ch. 70, § 1.

The 2010 amendment, effective July 1, 2010, in Subsection B, after "driver's license or motorcycle endorsement", added the remainder of the sentence.

Laws 2010, ch. 42, § 1 enacted identical amendments to this section. The section was set out as amended by Laws 2010, ch. 70, § 1. See 12-1-8 NMSA 1978.

The 1995 amendment, effective June 16, 1995, added Subsections B through D; designated the existing language as Subsection A; and in Subsection A, substituted "department" for "division" in two places, inserted "first-time" preceding "applicant" and added the language beginning "and may" in the first sentence, updated the code reference in the second sentence; and made minor stylistic changes throughout the section.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 7A Am. Jur. 2d Automobiles and Highway Traffic § 111.

60 C.J.S. Motor Vehicles § 156(1).