New Mexico City Institutes Insurance or Impound Ordinance
The Las Cruces, NM Sun-News reported last week that the city council has followed in Albuquerque's footsteps and enacted a new ordinance designed to ensure that local drivers are licensed and insured.
Effective May 15, 2009, residents of Las Cruces could risk having their vehicles impounded if they are caught driving without a valid license, or cannot prove that they have insurance. The ordinance was approved on March 15th, giving locals 60 days to get their licenses and coverage up to date.
According to local police officer, Lt. Chris Miller, a proponent of the ordinance, it's "word for word" identical to an ordinance already in force in Albuquerque. In addition, the city of El Paso, TX is considering a similar ordinance, though that city council has asked for more information before making a final decision.
In addition to the ordinance itself, the Los Cruces city council also passed an amendment to it, giving extra time for motorists with financial difficulties to buy car insurance. Councilor Gil Jones explains, "It's not a one-solution step. It's a touchy issue. Unfortunately, there's two opposing interests here. One, there's a law and that needs to be greatly respected. But, two, there are some people who have to decide to buy groceries or auto insurance. I'm sympathetic to that."
The aim of the ordinance is to prevent the illegal operation of motor vehicles within the city limits of Las Cruces. Lt. Miller said that, according to his experience investigating traffic accidents, roughly 30% of involved vehicles were uninsured.
The new ordinance stipulates that any vehicle that is impounded will be towed by a private on-call towing company, and that such vehicles would be released after their owners paid all applicable towing and storage fees, and provided proof of a valid driver's license and insurance coverage.
In addition, Miller said, police will check the records with the New Mexico Department of Motor Vehicles to verify the license and insurance information provided are actually valid. "With this ordinance we would have to do more research before impounding a vehicle," Miller said, adding that the police will have the burden of proof, not the motorists Local citizens have voiced opinions both for and against the ordinance, with some saying it should go into effect sooner, since the state already mandates minimum coverage, and others saying it is a ploy to target only those people who can't afford insurance.
