Section A. Reinstatement Instructions
Section B. Reinstatement Requirements
Section C. Penalty Assessment?
Section D. Interlock and Limited Licenses?
Section A: Reinstatement Instructions
Revised December 11, 2017
An individual whose driver’s license and/or vehicle operating privileges have been revoked, suspended, denied, canceled or disqualified may apply for reinstatement as specified by law. Requirements for reinstatement vary. In addition, it is possible for a driver to have more than one adverse action on record, which will require compliance with the reinstatement requirements for each separate adverse action.
Please Note: §66-5-33.1 mandates payment of a reinstatement fee by any individual whose driver’s license or vehicle operating privileges has been suspended or revoked. When multiple adverse actions appear on a driver’s record, only one reinstatement fee transaction will be posted and collected.
- Every first-time applicant for a New Mexico driver’s license who is 25 years of age or over and who has been convicted of driving under the influence of alcohol or drugs, shall submit evidence with their application that they have successfully completed a bureau-approved DWI Prevention and Education Program. The “None for the Road” program offered by UNM can be taken to satisfy this requirement.
- If the applicant’s license has been suspended for points, they must take the Traffic Safety Bureau (TSB) approved 8-hour Driving Safety course.
- If a violation requiring the imposition of a revocation or suspension occurred in a commercial motor vehicle, there may be a CDL disqualification imposed in addition to the revocation or suspension. The term of the disqualification may be different from the term of the revocation or suspension. You must check both the disqualification and the revocation/suspension prior to reinstating a driver who has a conviction for a violation which occurred in a commercial motor vehicle, and reinstate only the class of license for which the applicant is currently eligible.
The applicant must be told that reinstatement is based upon information and eligibility on the date of the inquiry only. Any pending action will not be reflected in the driver’s current record.
- Reinstatement of driving privileges after a 5-year or 10-year revocation requires an “Order of Restoration” signed by a District Judge. The Court Order must be a certified copy. The applicant must pay a reinstatement fee.
Section B: Reinstatement Requirements
Revised December 8, 2017
Reinstatement Requirements
D02 – If the suspension is due to misrepresentation (MR) and the suspension end date is prior to the current date, then you may reinstate if you have collected all of the required identification and residency documents. The suspension period is generally one year. If it is longer, contact Field Services
D39 suspensions require proof of liability insurance. The insurance policy must be current and the driver must be listed on the policy. An FR1 must have a letter of release from the attorney who issued the judgment. Acceptable forms are the release from the attorney or a Satisfaction of Judgment. These documents must be original or certified copies, dated within 30 days, and the driver must be named on the release. Exception – Statute of Limitations: if the action is over 14 years old, no release is required.
D38 suspensions require proof of liability insurance. The insurance policy must be current and the driver must be listed on policy. FR2 suspensions must be active for at least one year. If the suspension has been activated within the last year (from suspension begin date) a letter of release is required. If the suspension has been active for over one year, no release is required — only proof of insurance.
Bankruptcy Cases
- Driver must provide Motor Vehicle Division with a copy of “Petition for Bankruptcy.” The driver must be named as the petitioner and the petition must have court endorsement.
- Driver must provide Motor Vehicle Division with a copy of “Schedule F” of the petition. The petition must have been filed after judgment was rendered against the driver, and the plaintiff in the case must be listed as a creditor.
- Bankruptcy documents will replace payment agreement, satisfaction of judgment, or letter of release. Proof of Insurance still applies.
D53 – Failure to remit penalty assessment. Must pay amount due.
D45 – Failure to appear in court. Must submit Court Clearance.
D56 – Out of state suspension for failure to remit penalty assessment.
- If a New Mexico MVD staff member can obtain a date of clearance from the reporting state via the State to State (S2S) Verification system or the AAMVA Problem Driver Pointer System (PDPS), the MVD staff member may add the clearance date to the New Mexico record.
- Please refer to https://www.aamva.org/it-systems-participation-map?id=576 to identify which states are participating in State-to-State Verification or PDPS.
- If a New Mexico MVD staff member is unable to obtain the clearance information through the State to State (S2S) Verification system or the AAMVA Problem Driver Pointer System (PDPS), a court clearance must be provided by the customer.
W01 – This suspension is based on point accumulation and has a mandatory suspension period of one year. After the suspension period ends, the applicant must complete a Defensive Driving course and submit the course certificate as proof of completion. The Defensive Driving course must be at least 8 hours (18.20.8.12 NMAC).
D51 – Disqualification for nonpayment of child support. A release from the Child Support Division must have been applied to the customer’s account prior to reinstatement. Applicant must pay both the Parental Responsibility Surcharge and the MVD reinstatement fee.
BC1 – Suspension for “bad check.” Applicant must pay a $20.00 returned check fee and a reinstatement fee of $25.00 for driver’s license or $30.00 for vehicle registration.
Section C: Penalty Assessment
Revised December 8, 2017
If the citation indicates that it is for “Penalty Assessment,” verify that the fine should be paid to the Motor Vehicle Division and not to a Municipal or Tribal Court before accepting payment.
The Motor Vehicle Division collects the penalty assessment if:
- the citation is issued on a “Uniform Traffic Citation”;
- the citation is checked off for “Penalty Assessment”; and
- the citation is not issued by a city police department other than the Albuquerque Police Department.
Section D: Interlock and Limited Licenses
Revised December 8, 2017
What is the difference between a “Limited License” and an “Ignition Interlock License”?
Limited License (§66-5-35)
§66-5-35 provides for issuance of a Limited License to allow certain individuals whose driver’s licenses have been suspended or revoked to engage in gainful employment, to attend school or to attend a court-ordered treatment program. A Limited License is identified on the front of the card as a “RESTRICTED DRIVER LICENSE” with the H (limited license) restriction.
By rule (18.19.5.70 NMAC), the driving privilege is generally limited to days that the applicant works or attends school, and is further limited to a period starting one hour before the applicant is required to be at work or school and ending one hour after work or school ends. Limited licenses are available only for class D, E and M licenses – never for commercial driver’s licenses.
A driver whose CDL has been revoked or suspended may surrender the CDL in order to get a non-commercial limited license. However, to re-establish the CDL after the revocation or suspension has expired, the driver would then have to apply for a new CDL, subject to the same requirements as any first-time CDL applicant.
The Limited License is not available to an individual whose license has been suspended or revoked for:
- DWI;
- nonpayment of child support;
- failure to make child support payments;
- failure to appear under the Mandatory Financial Responsibility Act; or
- committing homicide by vehicle or great bodily harm by vehicle.
Ignition Interlock License (§66-5-503)
The Ignition Interlock License authorized by §66-5-503 is available to an individual whose driving permit or license has been revoked or denied for DWI. With an Ignition Interlock License an individual can drive anytime and anywhere as long as the vehicle is equipped with an ignition interlock device. An Ignition Interlock License is identified on the front of the card as an “INTERLOCK LICENSE” with the P (interlock system) restriction.
An Ignition Interlock License is not available to a person who has been convicted of homicide by vehicle or great bodily injury by vehicle while under the influence of intoxicating liquor or drugs.
So what are the main differences between Limited and Ignition Interlock Licenses?
| Limited | Ignition Interlock | |||
| Available for an individual whose license has been suspended, revoked or denied for | a variety of reasons, not including DWI | DWI | ||
| License allows the individual to drive | to and from school, work or a court-ordered treatment program | anytime, anywhere |
Requirements for Issuance of a Limited License:
- Positive proof of identification
- Properly completed form MVD-10459, Certification of Employment, Self-Employment or School Attendance (Note: If using this intranet/Internet version of MVD-10459, be sure to give the licensee a copy of the completed form.
- Proof of financial responsibility consisting of:
a) vehicle liability insurance policy or insurance certification;
b) insurance binder;
c) State Treasurer’s Certificate of Deposit; or
d) Surety Bond Certificate issued by MVD’s Mandatory Insurance Section.
Insurance documentation must name the applicant as the insured or as a covered driver; and must include the name of the insurance company, policy number, effective date and expiration date of coverage. - $63.00 (Limited License Fee) – payable only if the application is approved and the license is issued (Class D, E or M only)
Requirements for Issuance of an Ignition Interlock License:
- Positive proof of identification.
- Proof of financial responsibility consisting of:
a) vehicle liability insurance policy or insurance certification;
b) insurance binder;
c) state Treasurer’s Certificate of Deposit; or
d) Surety Bond Certificate issued by MVD’s Mandatory Insurance Section
Insurance documentation must name the applicant as the insured or as a covered driver; and must include the name of the insurance company, policy number, effective date and expiration date of coverage. - Proof that each motor vehicle to be operated by the applicant is equipped with an ignition interlock device (current contract or receipt for the interlock device)
- Properly completed and notarized form MVD-10456, “Affidavit For Ignition Interlock License” available on the MVD intranet and public TRD-MVD internet forms pages
- $63.00 (Ignition Interlock License Fee) – Payable only if the application is approved and the license is issued (Class D, E or M only).
- Legislation enacted in the 2010 Legislative Session and effective July 1, 2010 requires a $50.00 ignition interlock fee to be collected by MVD as an add-on fee when we issue an Ignition Interlock license. The fee will be charged as part of the Tapestry issuance process, to every Ignition Interlock license applicant who has not been qualified as indigent with the Traffic Safety Bureau (TSB). Every customer who qualifies as indigent with TSB is placed on a list that is communicated to TRD-MVD and reflected in Tapestry. If the customer is on the TSB indigent list, the $50.00 fee will not be charged. If the customer is charged the $50.00 fee, but claims that he or she is in fact indigent, the transaction should not be completed, and the customer should be directed to contact the TSB to pursue indigent qualification.
Interlock/Limited License Application Letter
Customers who are not qualified for a variety of reasons may wish to obtain an Interlock or Limited License.
For example, a customer may appear at a Field Office to request issuance of an Interlock License credential prior to MVD receiving a notice of conviction from the court. Tapestry will not allow issuance of an Interlock license without a DWI related conviction on the customer’s Motor Vehicle Record (MVR).
In an effort to improve communications and outcomes in such instances, a letter has been created specifically for CSRs to provide to customers.
This Interlock/Limited License Application Letter provides telephone numbers for the DWI/Implied Consent Unit for Interlock license requests and to the Call Center for Limited License requests that fall under this specific category. It can be located at http://trd_intra/mvd-forms.aspx, within the Ignition Interlock folder.
Ignition Interlock License Renewal Procedure:
The customer is required to re-submit documentation for renewal of an Ignition Interlock License. Field offices are authorized to renew the Interlock license after verifying the following information.
- Make sure that the customer has a current contract for the interlock device.
- Ensure the customer has a notarized Ignition Interlock Affidavit (MVD-10456).
- Verify that the customer has current insurance.
Ignition Interlock Affidavits do not expire. Customers are not required to obtain a newly notarized Affidavit for every issuance. If the original Affidavit is still legible and will feed through the scanner, it is satisfactory.
Applicants for Replacement or No-Fee Correction Interlock credentials are NOT required to provide the Affidavit.