HB 267
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AN ACT
RELATING TO DRIVER'S LICENSES; PROVIDING FOR REPORTS BY
EXPERTS TO BE USED BY THE MOTOR VEHICLE DIVISION OF THE
TAXATION AND REVENUE DEPARTMENT IN ADDRESSING RESTRICTED
LICENSES; REPEALING A SECTION OF THE NMSA 1978.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 66-5-19 NMSA 1978 (being Laws 1978,
Chapter 35, Section 241, as amended) is amended to read:
"66-5-19. RESTRICTED LICENSES.--
A. The division, upon issuing a license, may,
whenever good cause appears, impose restrictions, including
the shortening of the licensure period suitable to the
licensee's driving ability with respect to the type of or
special mechanical control devices required on a motor
vehicle that the licensee may operate or such other
restrictions applicable to the licensee as the division
determines to be appropriate to ensure the safe operation of
a motor vehicle by the licensee.
B. At age seventy-nine and thereafter, the
applicant shall renew the applicant's license on a yearly
basis at no cost to the applicant.
C. The division may either issue a special
restricted license or may set forth such restrictions upon
the usual license form. HB 267
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D. The division may issue a restricted license or
a restricted provisional license for driving during daylight
hours only to some visually impaired persons who fail the
usual eyesight test. The division shall evaluate the extent
of the visual impairment and the impairment's effect on the
driving ability of the applicant and the director may issue a
restricted license under the following conditions:
(1) the applicant has no record of moving
violations;
(2) the necessity of the license is shown to
the satisfaction of the director; and
(3) the applicant satisfies the provisions
of Section 66-5-206 NMSA 1978 relating to proof of financial
responsibility.
E. The division may seek the advice of experts
necessary to advise the division on physical and mental
criteria and vision standards relating to the licensing of
drivers pursuant to the Motor Vehicle Code.
F. The division, having cause to believe that a
licensed driver or applicant may not be physically, visually
or mentally qualified to be licensed, may request a written
report on a form prescribed by the division from a health
care provider of the driver's or applicant's choice for
consideration after the licensed driver or applicant has
again undergone an on-the-road examination and any physical, HB 267
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visual or mental tests required by the division. These
examinations and tests shall not be waived by the division.
G. Reports received by the division for the
purpose of assisting the division in determining whether a
person is qualified to be licensed are confidential and shall
be used only by the division and shall not be divulged to any
person or used as evidence in a trial.
H. The division may, upon receiving satisfactory
evidence of any violation of the restrictions of the license,
suspend the license, but the licensee is entitled to a
hearing as upon a suspension under Sections 66-5-1.1 through
66-5-47 NMSA 1978 and as provided in the Administrative
Hearings Office Act.
I. It is a misdemeanor for any person to operate a
motor vehicle in any manner in violation of the restrictions
imposed in a restricted license issued to the person."
SECTION 2. REPEAL.--Section 66-5-6 NMSA 1978 (being
Laws 1978, Chapter 35, Section 228, as amended) is repealed.