Registration of Aircraft

NMSA 1978 ch. 64, art. 4

in effect

NMSA 1978, § 64-4-1 Short title

64-4-1. Short title Sections 64-4-1 through 64-4-15 NMSA 1978 may be cited as the "Aircraft Registration Act." 1953 Comp., § 44-5-1, enacted by Laws 1965, ch. 122, § 1; 1977, ch. 250, § 22.

NMSA 1978, § 64-4-2 Purpose of act

64-4-2. Purpose of act The purpose of this act [64-4-1 to 64-4-15 NMSA 1978] is to provide for registration and uniform taxation of aircraft based or hangared in New Mexico. 1953 Comp., § 44-5-2, enacted by Laws 1965, ch. 122, § 2.

NMSA 1978, § 64-4-3 Definitions

64-4-3. Definitions As used in the Aircraft Registration Act: A. "division" means the aviation division of the state highway and transportation department; B. "director" means the executive head of the division; C. "maximum gross weight" means the manufacturer's gross weight according to the operating limitations placard of the aircraft, furnished by the federal aviation administration; and D. "specialized use" means use for commercial operations other than passenger carriage, including cargo hauling, crop dusting or spraying and forest fire-fighting use. 1953 Comp., § 44-5-3, enacted by Laws 1965, ch. 122, § 3; 1970, ch. 50, § 1; 1971, ch. 150, § 1; 1977, ch. 250, § 23; 1987, ch. 268, § 10.

NMSA 1978, § 64-4-4 Aircraft registration

64-4-4. Aircraft registration A. All aircraft based or hangared within this state shall be registered annually with the division, and a registration fee shall be paid as approved in the Aircraft Registration Act. B. Aircraft that are within the state for maintenance, overhaul, storage or repair, but that are habitually or permanently based in another state, may be registered pursuant to the provisions of the Aircraft Registration Act. 1953 Comp., § 44-5-4, enacted by Laws 1965, ch. 122, § 4; 1970, ch. 50, § 2; 1977, ch. 250, § 24; 2003, ch. 224, § 1.

NMSA 1978, § 64-4-5 Time of registration; penalty

64-4-5. Time of registration; penalty A. The owner or lessee of an aircraft, whichever is in possession, shall register the aircraft prior to March 1 of each year. B. Any person who purchases, leases or otherwise acquires an aircraft or brings one into the state after March 1 shall register the aircraft within fifteen days after purchase, lease, acquisition or entering the state. C. Any owner or lessee who fails to comply with Subsection A or any person who fails to comply with Subsection B shall pay a fine equal to ten percent of the regular registration fee times each month or portion of a month the registration fee is past due. 1953 Comp., § 44-5-5, enacted by Laws 1970, ch. 50, § 3.

NMSA 1978, § 64-4-5.1 Unpaid registration fees; lien; hearing; seizure

64-4-5.1. Unpaid registration fees; lien; hearing; seizure A. The registration fee and any penalties that have accrued under the Aircraft Registration Act constitute a lien on the aircraft from the date the registration fee was due. The division shall notify the registered owner of any aircraft required to be registered under that act by mailing a notice of intent to file a lien on any aircraft subject to a lien for nonpayment of aircraft registration fees. The registered owner shall have thirty days from the date of the mailing of such notice to pay all outstanding fees, interest and penalties. The division may thereafter perfect the lien by filing a notice of lien in the office of the secretary of state and the federal aviation administration aircraft records center. The notice of lien shall be on a form prepared by the division and shall indicate the amount of the registration fee that was due, the date the fee was due and the fact that penalties will accrue monthly from that date. The lien shall have priority over any other lien or encumbrance perfected subsequent to the date the notice of lien was filed, except for liens for state taxes having a priority established by law. A copy of the notice of lien shall be filed with the division. The lien shall continue until the registration fee and accrued penalties are paid. Upon satisfaction of the lien, the division shall notify the registered owner of the release of lien and shall file a copy of such release in the office of the secretary of state in which the notice of lien was recorded. B. After due notice and hearing to the registered owner, the division may bring an action in the magistrate court in the county in which the aircraft is found to collect the registration fee and accrued penalties by seizure of the aircraft from the person in possession and by sale as provided in Section 39-5-1 NMSA 1978. Prior to the hearing, the division shall notify all lienholders of record of the impending action. The costs of identifying these lienholders and of bringing such action in magistrate court may be added to the amount owed by the owner. The division shall promulgate rules and regulations to provide a hearing to any delinquent owner prior to seizure of any aircraft under this subsection. 1978 Comp., § 64-4-5.1, enacted by Laws 1983, ch. 52, § 1; 1985, ch. 71, § 1.

NMSA 1978, § 64-4-6 Action on application

64-4-6. Action on application Upon receipt of an application for registration of any aircraft and payment of the required fee, the division shall file the application, assign to the application and the aircraft to be registered a distinct number and register the application and the number in an index to be kept for that purpose. A number plate and certificate of registration bearing the same number assigned to the application shall be delivered to the owner or lessee of the aircraft without further expense to such applicant. The certificate of registration shall be carried in the aircraft at all times and the registration number shall be conspicuously displayed on the aircraft as may be required by appropriate rule of the director. 1953 Comp., § 44-5-6, enacted by Laws 1965, ch. 122, § 6; 1970, ch. 50, § 4; 1977, ch. 250, § 25.

NMSA 1978, § 64-4-7 Division duties

64-4-7. Division duties The division shall prepare the applications for registration certificate [certificates] and registration numbers to provide for a uniform, statewide registration of aircraft and shall keep in the office of the division in Santa Fe a current index of aircraft registration. 1953 Comp., § 44-5-7, enacted by Laws 1965, ch. 122, § 7; 1970, ch. 50, § 5; 1977, ch. 250, § 26.

NMSA 1978, § 64-4-8 Rules and regulations

64-4-8. Rules and regulations The director has the power to adopt reasonable rules and regulations for the purpose of implementing the Aircraft Registration Act. 1953 Comp., § 44-5-8, enacted by Laws 1965, ch. 122, § 8; 1970, ch. 50, § 6; 1977, ch. 250, § 27.

NMSA 1978, § 64-4-9 Duplicate certificates

64-4-9. Duplicate certificates Duplicate certificates of registration may be obtained upon proof of loss or destruction of the original by application therefor to the division and a payment of one dollar fifty cents ($1.50) for each additional certificate. 1953 Comp., § 44-5-9, enacted by Laws 1965, ch. 122, § 9; 1970, ch. 50, § 7; 1977, ch. 250, § 28.

NMSA 1978, § 64-4-10 Transfer of registration

64-4-10. Transfer of registration Whenever the owner or lessee of a registered aircraft transfers his title or interest thereto, the registration certificate and number issued for such aircraft shall remain with said aircraft. Upon a transfer or assignment of title or interest the owner or lessee shall endorse such assignment upon his certificate of registration, which statement shall be verified under oath by such owner or lessee. The owner or lessee shall deliver the certificate of registration and registration number to the purchaser or transferee at the time of delivery of the aircraft. If an aircraft is not registered at the time of purchase or lease, even though the aircraft may have been purchased within the state, new or used, the purchaser shall register it as provided herein. 1953 Comp., § 44-5-10, enacted by Laws 1965, ch. 122, § 10.

NMSA 1978, § 64-4-11 Registration fees

64-4-11. Registration fees A. The division shall collect the following registration fees: (1) when the model of the aircraft is one year or less old immediately prior to the year for which it is being registered, two cents ($.02) a pound of manufacturer's maximum gross weight; (2) when the model of the aircraft is two years old immediately prior to the year for which it is being registered, one and three-fourths cents ($.0175) a pound of manufacturer's maximum gross weight; (3) when the model of the aircraft is three years old immediately prior to the year for which it is being registered, one and one-half cents ($.0150) a pound of manufacturer's maximum gross weight; (4) when the model of the aircraft is four years old immediately prior to the year for which it is being registered, one and one-fourth cents ($.0125) a pound of manufacturer's maximum gross weight; (5) when the model of the aircraft is five years or more old immediately prior to the year for which it is being registered, one cent ($.01) a pound of manufacturer's maximum gross weight; (6) surplus military aircraft over five years old from date of manufacture, one cent ($.01) a pound of military placarded or certificated gross weight; and (7) hot air balloons, a flat fee of ten dollars ($10.00) regardless of the age and weight of aircraft. B. The fees charged in Subsection A of this section shall not exceed three hundred dollars ($300) per engine regardless of the weight or age of the aircraft. C. The fees set by this section are in lieu of all personal property taxes on aircraft authorized by any law of this state. Registration certificates for part of the year issued after July 1 shall be issued at the rate of fifty percent of the annual fee. 1953 Comp., § 44-5-11, enacted by Laws 1978, ch. 43, § 1; 2003, ch. 224, § 2.

NMSA 1978, § 64-4-12 Aircraft dealer's and specialized-use license

64-4-12. Aircraft dealer's and specialized-use license Any dealer in new or used aircraft, or both, who holds such aircraft for resale and operates them primarily for purposes incident to a resale, or owner or lessee of specialized-use aircraft, may apply to the division for a dealer's or a specialized-use license. Upon such application, the division shall issue an aircraft dealer's or a specialized-use license to the applicant for an annual fee of fifty dollars ($50.00). The dealer's or the specialized-use license shall be in lieu of all other licenses and personal property taxes upon such aircraft owned or held for resale by the dealer or specialized-use operator within this state so long as they are kept for specialized use or for resale. This does not prohibit the registering of all such aircraft as otherwise provided in the Aircraft Registration Act. 1953 Comp., § 44-5-12, enacted by Laws 1965, ch. 122, § 12; 1970, ch. 50, § 9; 1977, ch. 250, § 30.

NMSA 1978, § 64-4-13 Fraudulent applications

64-4-13. Fraudulent applications Any person who fraudulently uses a false or fictitious name in any application for aircraft registration or knowingly makes a false statement or knowingly conceals a material fact or otherwise commits a fraud in any such application shall upon conviction, be guilty of a misdemeanor. 1953 Comp., § 44-5-13, enacted by Laws 1965, ch. 122, § 13.

NMSA 1978, § 64-4-14 Disposition of fees

64-4-14. Disposition of fees A. Except as provided in Subsection B of this section, all fees collected under the provisions of the Aircraft Registration Act shall be remitted to the state treasurer by the division for credit to the state aviation fund. B. Eighty percent of registration fees collected with respect to aircraft registered pursuant to Subsection B of Section 64-4-4 NMSA 1978 and that are located on airports owned by a local government shall be distributed to the local government. The fees so distributed shall be used by the local government for airport upgrades, including repair, reconstruction and maintenance of runways and related facilities. Local government funding to the airport shall not be replaced in whole or in part by this distribution. 1953 Comp., § 44-5-14, enacted by Laws 1965, ch. 122, § 14; 1970, ch. 50, § 10; 1977, ch. 250, § 31; 2003, ch. 224, § 3.

NMSA 1978, § 64-4-15 Exemptions

64-4-15. Exemptions The provisions of this act [64-4-1 to 64-4-15 NMSA 1978] shall not apply to the following: A. Public aircraft. Any aircraft owned by the state or any political subdivision thereof, or any aircraft of the United States government. B. Nonresident aircraft. Any aircraft having a habitual situs or permanent base in another state, provided the registration requirements of such state, if any, have been complied with, with respect to such aircraft. 1953 Comp., § 44-5-15, enacted by Laws 1965, ch. 122, § 15.

Source: New Mexico Compilation Commission (nmonesource.com)URL: https://nmonesource.com/nmos/nmsa-unanno/en/item/18567/index.doFetched: 10/20/2026