New Mexico Statewide Rule
New Mexico Abandoned Vehicle Removal Statute
Key Facts
- Definition statute
- NMSA 66-1-4.1
- Abandonment threshold
- Unattended at least 30 days
- Disposal statute
- NMSA 66-3-121
- Owner pays
- Tow and storage
Summary
New Mexico defines an abandoned vehicle as one a law enforcement agency determines has been left unattended on public or private property for at least 30 days, unclaimed and not reported stolen (NMSA 66-1-4.1). Such vehicles may be removed, stored, and disposed of under NMSA 66-3-121.
A. Any person upon whose property or in whose possession is found an abandoned vehicle or motor vehicle shall have authority to sell, retain, give away or dispose of the abandoned vehicle or motor vehicle to any person licensed under Sections 66-4-1 through 66-4-9 NMSA 1978 provided that he notifies a law enforcement agency prior to the disposal and obtains from that agency a written clearance stating that neither the agency's records nor the computerized records of the national crime information center indicate that the abandoned vehicle or motor vehicle has been reported as stolen and either: (1) the vehicle or motor vehicle in question regardless of its age is either totally wrecked or in such a state of disrepair that it is suitable only for dismantling purposes;
Full Breakdown
Under NMSA 66-1-4.1, an 'abandoned vehicle' is one a New Mexico law enforcement agency determines has been left unattended on public or private property for at least 30 days, has not been reported stolen, is unclaimed by an owner, and cannot be traced to an owner through normal record checks. A separate provision deems a vehicle left unattended on a highway for more than 24 hours, without notice to police, abandoned and subject to removal. Once deemed abandoned, the vehicle may be removed, stored, and disposed of under NMSA 66-3-121, and the owner is liable for towing and storage costs. Local jurisdictions follow this state framework.
Violations & Penalties
Owner is liable for towing, storage, and disposal fees; an abandoned vehicle may be sold or dismantled under NMSA 66-3-121 after required notice if it remains unclaimed.
Frequently Asked Questions
How long before a vehicle is abandoned in New Mexico?
Who can authorize towing of an abandoned vehicle?
Can the owner reclaim a towed vehicle?
Sources
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