1. A. For purposes of 18.19.5.118 NMAC:

   1. (1) “alternative test” means a test provided by the PED or approved by the PED pursuant to its rules and procedures and administered in a public school, non-public school or by a home school operator to measure a student’s proficiency in reading and math in the eighth grade;
   2. (2) “IDEA” means the Individuals with Disabilities Education Improvement Act of 2004 [20 U.S. Code Sec. 1400 et seq.], which is a comprehensive federal law that addresses specially designed instruction, at no cost to the parent, to meet the unique needs of a child with disabilities;
   3. (3) “IEP” means an individualized education program, which is a written statement designed to meet the unique educational needs of a child with a disability that is developed, reviewed, and revised in accordance with 34 CFR Sections 300.320 through 300.324;
   4. (4) “minor” means a person under the age of eighteen (18) years, but at least fifteen (15) years old;
   5. (5) “nearing an academic proficiency score in reading and math in the eighth grade” means attaining a minimum score in reading and math during a student’s eighth grade as established by the laws, rules or procedures of the PED on the New Mexico standards based assessment;
   6. (6) “New Mexico standards based assessment” means a system for testing students in various grades for their proficiency in the subject areas of mathematics, reading and language arts, writing, science and social studies; pursuant to the Assessment and Accountability Act 22-2C-1 to 22-2C-11 NMSA 1978 and procedures of the PED, assessments on various subject areas that include science, mathematics and reading are administered annually to students in different grades;
   7. (7) “ninety percent school attendance” means one of several indicators used pursuant to the Assessment and Accountability Act 22-2C-1 to 22-2C-11 NMSA 1978 and procedures of the PED to measure public school improvement, but would not include excused absences;
   8. (8) “PED” means the public education department;
   9. (9) “Section 504” means Section 504 of the Rehabilitation Act of 1973 29 U.S. Code Section 794 and its implementing regulations, which provide that “no otherwise qualified individual with a disability shall, solely by reason of her or his handicap, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance; and
   10. (10) “Section 504 plan” means the accommodation plan required if the individual has a mental or physical impairment that substantially limits one or more of the person’s major life activities, including learning, but is not already receiving special education services under the eligibility requirements of the IDEA.
2. B. The director may issue an instruction permit to a minor under the provisions of Subsection D of Section 66-5-8 NMSA 1978. In order to motivate minors to attend school and succeed in their studies, beginning with applications submitted to the director on or after September 1, 2011, a minor applying for an instruction permit shall provide evidence of ninety percent school attendance during their ninth grade year and at least nearing an academic proficiency score in reading and math in the eighth grade on the New Mexico standards based assessment or on an alternative test.

3. C. A minor applying for an instruction permit must provide the following:

   1. (1) satisfactory proof of identity number, identity and residency as set forth in 18.19.5.12 NMAC;
   2. (2) proof of attendance in or completion of a driver education course that includes a DWI prevention and education program approved by the bureau or offered by a public school;

   3. (3) a school compliance verification form approved by the director that shall include parental consent for the release of certain educational information to the director; the school compliance verification form shall be certified by a school official and signed by a parent to indicate consent to release the minor’s student information to the director; the form shall certify that the applicant has:

      1. (a) achieved ninety percent school attendance, not including excused absences, during the ninth grade year or portion of the ninth grade year prior to applying for the instructional permit; and
      2. (b) demonstrated at least nearing an academic proficiency score in reading and math in the eighth grade on the New Mexico standards based assessment or on an alternative test.
4. D. The school compliance verification form shall permit children with disabilities as described in the IDEA and in federal and state regulations and children for whom Section 504 plans are in place to obtain certifications that consider the effect if any of their disabilities in meeting ninety percent school attendance during the ninth grade year or portion of the ninth grade year or demonstrating at least nearing an academic proficiency score in reading and math in the eighth grade. Any such certification must be based on a written IEP or Section 504 team recommendation contained in the IEP or Section 504 plan of a child with a disability. In making the recommendation to the person or official who enters the certification on the school compliance verification form where a child with a disability fails to satisfy the attendance or proficiency requirements discussed in this rule, the IEP or Section 504 team shall, pursuant to rules and procedures of the PED, consider whether a child’s disability affected their ability to satisfy either or both the attendance or proficiency requirements.

5. E. In lieu of a school compliance verification form, an applicant may provide:

   1. (1) proof of graduation from a high school; or
   2. (2) proof of having received a general educational development certificate.
6. F. A minor enrolled in non-public school or in a home school shall submit satisfactory proof of identity number, identity and residency as set forth in 18.19.5.12 NMAC, proof of attendance, and proof of ninety percent school attendance and at least nearing an academic proficiency score in reading and math in the eighth grade New Mexico standards based assessment or on an alternative test, as established by the laws, rules or procedures of the PED. This evidence shall be submitted on a form approved by the director that shall include parental consent for the release of certain educational information to the director.
7. G. Failure to demonstrate ninety percent school attendance will result in the minor being ineligible to be issued an instruction permit until six months from the date of application, unless an administrator of a non-public school or operator of a home school certify to their non-maintenance of attendance records.
8. H. Failure to demonstrate nearing an academic proficiency score in reading and math in the eighth grade New Mexico standards based assessment or on an alternative test will result in the minor being ineligible to be issued an instruction permit until six months from the date of application.

9. I. Failure to demonstrate both ninety percent school attendance and nearing an academic proficiency score in reading and math in the eighth grade New Mexico standards based assessment or on an alternative test will result in the minor being ineligible to be issued an instruction permit until one year from the date of application, unless an administrator of a non-public school or operator of a home school certify to their non-maintenance of attendance records.

   HISTORY OF 18.19.5 NMAC:

   Pre-NMAC History: Certain material in this part was derived that previously filed with the Commission of Public Records - State Records Center and Archives:

   MVD 70-4, (Regulation No. 70-1), In the Matter of Fixing Fees for the Purchase of Abstracts of Records of the Department of Motor Vehicles and Text of Motor Vehicle Code, filed 7/1/1970.

   MVD 70-6, (Regulation No. 70-3), 64-13-40, Persons Not to be Licensed; 64-13-60, Authority of Division to Suspend or Revoke License; In the Matter of the Establishment of a Point System for Violations of Motor Vehicle and Traffic Laws so as to Provide a Fair and Workable Method to Effectuate the Authority Conferred Upon the DMV to Suspend a Driving License by Section 64-13-60 NMSA 1953 Compilation and Inherent in Section 64-13-40(1) Thereof, filed 9/2/1970.

   MVD 70-27, (Regulation No. 70-3A), 64-13-40, Persons Not to be Licensed; 64-13-60, Authority of Division to Suspend or Revoke License; In the Matter of the Establishment of a Point System for Violations of Motor Vehicle and Traffic Laws so as to Provide a Fair and Workable Method to Effectuate the Authority Conferred Upon the DMV to Suspend a Driving License by Section 64-13-60 NMSA 1953 Compilation and Inherent in Section 64-13-40(1) Thereof and Amending Regulation No. 70-3, Adopted 8/28/1970, filed 11/25/1970.

   MVD 72-2, (Regulation No. 72-2), 64-13-40, Persons Not to be Licensed; 64-13-60, Authority of Division to Suspend or Revoke License; In the Matter of the Establishment of a Point System for Violations of Motor Vehicle and Traffic Laws so as to Provide a Fair and Workable Method to Effectuate the Authority Conferred Upon the DMV to Suspend a Driving License by Section 64-13-60 NMSA 1953 Compilation and Inherent in Section 64-13-40(1) Thereof and Amending Regulation No. 70-3A, Adopted 11/20/70, filed 7/20/1972.

   MVD 73-1, (Regulation No. 73-1), 64-13-40, Persons Not to be Licensed; 64-13-60, Authority of Division to Suspend or Revoke License; In the Matter of the Establishment of a Point System for Violations of Motor Vehicle and Traffic Laws so as to Provide a Fair and Workable Method to Effectuate the Authority Conferred Upon the DMV to Suspend a Driving License by Section 64-13-60 NMSA 1953 Compilation and Inherent in Section 64-13-40(1) Thereof and Amending Regulation No. 72-2, Adopted 7/20/1972, filed 4/10/1973.

   MVD 73-5, (Regulation No. 73-3), 64-13-40, Persons Not to be Licensed; 64-13-60, Authority of Division to Suspend or Revoke License; In the Matter of the Establishment of a Point System for Violations of Motor Vehicle and Traffic Laws so as to Provide a Fair and Workable Method to Effectuate the Authority Conferred Upon the DMV to Suspend a Driving License by Section 64-13-60 NMSA 1953 Compilation and Inherent in Section 64-13-40(1) Thereof and Replacing Regulation No. 73-1, Adopted 4/10/73, filed 11/7/1973.

   MVD 75-1, (Regulation No. 75-1), 64-13-40, Persons Not to be Licensed; 64-13-60, Authority of Division to Suspend or Revoke License; In the Matter of the Establishment of a Point System for Violations of Motor Vehicle and Traffic Laws so as to Provide a Fair and Workable Method to Effectuate the Authority Conferred Upon the DMV to Suspend a Driving License by Section 64-13-60 NMSA 1953 Compilation and Inherent in Section 64-13-40(1) Thereof and Replacing Regulation No. 73-3, Adopted 10/15/1973, filed 3/14/1975.

   TRD Regulations MVC 5-30:1/8, Regulations Pertaining to the Motor Vehicle Code, Section 66-5-5 NMSA 1978, filed 9/1/1988.

   MVD 70-16, (Regulation No. 70-13), In the Matter of Chauffeur’s License as Required Under Sections 64-2-4 and 64-13-41 NMSA 1953, filed 9/2/1970.

   MVD 78-3, New Mexico Uniform Traffic Ordinance 1978, filed 11/6/1978.

   MVD 78-4, (Regulation No. 78-1) 1.00 Authorization: 66-5-7, Driver’s License - Classification - Examinations; 66-5-8, Instruction Permits and Temporary Licenses; 66-5-9, Application for License or Instruction Permit; and 66-5-14; Examination of Applicants. 2.00 Classification of Licenses and Permits. 3.00 Waiver of Road Test and Certification Program, filed 12/28/1978.

   MVD 79-1, (Regulation No. 79-1) 1.00 Authorization: 66-5-7, Driver’s License - Classification - Examinations; 66-5-8, Instruction Permits and Temporary Licenses; 66-5-9, Application for License or Instruction Permit; and 66-5-14; Examination of Applicants. 2.00 Classification of Licenses and Permits. 3.00 Waiver of Road Test and Certification Program, filed 1/3/1979.

   Transportation Rule No. 83-2-MVD, Classification of Driver Licenses and Permits, filed 12/9/1983.

   Transportation Rule No. 84-2-MVD, Limited Driver’s License, filed 12/9/1983.

   TRD MVC 5-32:1, Regulations Pertaining to the Motor Vehicle Code, Section 66-5-32 NMSA 1978 (Reinstatement of Suspended License - Conditions), filed 4/7/1989.

   TRD MVC 5-7: 1&2, Regulations Pertaining to the Motor Vehicle Code, Section 66-5-7 NMSA 1978, Driver’s License - Classification; Examinations, filed 2/28/1990.

   TRD MVC 5-19:1, Regulation Pertaining to the Motor Vehicle Code, Section 66-5-19 NMSA 1978, Restricted Licenses, filed 2/28/1990.

   TRD MVC 5-54:1, Regulations Pertaining to the Motor Vehicle Code, Section 66-5-54 NMSA 1978, Definitions, filed 2/28/1990.

   TRD MVC 5-57:1, Regulation Pertaining to the New Mexico Commercial Driver’s License Act, Section 66-5-57 NMSA 1978, Notification by Driver to the Division, filed 2/28/1990.

   TRD MVC 5-60:1&2, Regulations Pertaining to the New Mexico Commercial Driver’s License Act, Section 66-5-60 NMSA 1978, Commercial Driver’s License - Qualifications - Standards, filed 2/28/1990.

   TRD MVC 5-65:1-5, Regulations Pertaining to the New Mexico Commercial Driver’s License Act, Section 66-5-65 NMSA 1978, Classifications - Endorsements - Restrictions, filed 2/28/1990.

   TRD MVC 5-68:1-4, Regulations Pertaining to the New Mexico Commercial Driver’s License Act, Section 66-5-68 NMSA 1978, Disqualifications - Cancellations, filed 2/28/1990.

   TRD MVC 5-70:1&2, Regulation Pertaining to the New Mexico Commercial Driver’s License Act, Section 66-5-70 NMSA 1978, Reciprocity, filed 2/28/1990.

   TRD MVC 5-35:1&2, Regulation Pertaining to the Motor Vehicle Code, Section 66-5-35 NMSA 1978, Limited Driver’s License - Purpose, Criteria, Application, Hearing, filed 7/20/1990.

   TRD MVC 5-19:2, Regulation Pertaining to the Motor Vehicle Code, Section 66-5-19 NMSA 1978, MVC 5-19:2 - Restricted License Intrastate Commercial Driving, filed 3/16/1992.

   TRD MVC 5-93, Regulations Pertaining to the Motor Vehicle Code, Article 5, Chapter 66 NMSA 1978, filed 8/20/1993.

   History of Repealed Material:

   MVD 78-3, New Mexico Uniform Traffic Ordinance 1978, filed 11/6/1978 - Repealed 5/31/2000.

   18.19.5 NMAC, Motor Vehicle Procedures, Licenses, Permits, filed 8/31/2000 - Repealed effective 3/14/2023.

   Other:

   18.19.5 NMAC, Motor Vehicle Procedures, Licenses, Permits, filed 8/31/2000 - Replaced 18.19.5 NMAC, Motor Vehicle Procedures, Licenses, Permits, effective 3/14/2023.

[18.19.5.118 NMAC - Rp, 18.19.5.118 NMAC 3/14/2023]