

END BLACK MARKET CAR SALES NOW!
THE PROBLEM
New Mexico’s current approach to non-dealer vehicle sales has created a growing public safety crisis that also costs the state significant amounts in unpaid motor vehicle excise taxes, results in unsafe vehicles on the road, cheats consumers, and supports other criminal enterprise. The current system allows 30 days between purchase and title transfer – allowing buyers to avoid having legally mandated insurance and allowing a growing number of vehicles to never be properly titled, registered and insured. Over 24% of New Mexico vehicles drive our roads uninsured, one of the highest percentages in the United States. The number of tickets written by APD for no license plate indicates the scale of the problem, with 2022 tickets for proof of registration on pace to exceed 4,500 – more than double 2021’s numbers. Tickets for no license plates are also well ahead of last year – with almost 2,500 likely based on year to date numbers. (Source: ABQ Journal, “APD Issues over 1,000 tickets for no license plate in 2022” dated 6/5/2022)
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Unsuspecting buyers are often fleeced in non-dealer sales since there are no protections in private sales. Consumers save diligently to buy what appears to be a good vehicle and routinely find after purchase that the vehicle has a branded title, is salvaged or stolen, or has serious mechanical/electrical issues. And the sellers of these problem vehicle routinely do not own the vehicles and sell more than the allowed 4 per year, meaning that they are black market dealers taking advantage of consumers.
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The state of New Mexico loses millions of dollars per year in Motor Vehicle Excise taxes, MVD fees, title fees, and registration fees every year due to black market sales that do not properly title, insure and register vehicles that they sell.
Ghost Vehicles Haunt New Mexico
Here is a link from the latest edition of The Paper
Proposed Legislative Changes
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All non-dealer motor vehicle sales will be consummated at MVD or partner office with the vehicle, buyer, seller, vehicle title, current registration, current insurance and new insurance all physically present;
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MVD/partner will charge a fee for the process, which will include:
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NCIC check for stolen/liened vehicle
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VIN inspection
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Branded title search
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Validate that current title and registration are in name of person selling vehicle
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Collecting any fees and taxes due
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Transfer title, register and plate vehicle at time of sale
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Ensure proof of insurance from buyer
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Effect of title not being in name of person selling vehicle
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If title and registration are not in the name of person selling vehicle (open title), seller must prove ownership through purchase documents
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Seller will be required to pay estimated Motor Vehicle Excise Tax on each transfer represented in an open title
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Seller will pay an “open title fee” if vehicle not registered, titled and insured in name of seller
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Why This Approach is Better For New Mexico
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Personal Safety: Meeting at MVD will ensure legitimacy of seller
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Protect buyer from purchasing stolen or salvaged vehicles
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Protect consumer from paying unpaid open title taxes and fees
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Ensure that vehicles are properly titled, registered and insured on the day of sale
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Effectively end practice of black market dealers by raising costs
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Decrease non-dealer fraudulent motor vehicle sales
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Immediate tax collection
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No open titles in hands of individuals
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a. Reduce use of open title vehicles in criminal activity
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b. Identifies owner immediately to law enforcement
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c. True owners trackable for tow companies and authorities
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