New Mexico License Plate Reader Laws (2026)

New Mexico has a specific license plate reader (ALPR) statute, the Driver Privacy and Safety Act, in effect since July 1, 2026. In one sentence: it bans sharing ALPR information for immigration enforcement, protected health care investigations and constitutionally protected activity, requires a written declaration before out-of-state access, makes the data confidential, and requires annual reporting. It is a sharing-and-transparency law, not a full code on retention or permitted uses.

Information reviewed September 30, 2026.

For related pages, see the New Mexico entry in the state comparison, the ALPR laws hub, Are Flock cameras legal?, What are Flock cameras?, and our New Mexico surveillance camera laws guide.

When did New Mexico's ALPR law take effect?

Senate Bill 40, "AN ACT RELATING TO LICENSE PLATE READERS; ENACTING THE DRIVER PRIVACY AND SAFETY ACT," passed the Senate 32-8 on February 12, 2026 and the House 42-22 on February 17, 2026. The Governor signed it March 4, 2026 as Laws 2026, chapter 20. Section 6 sets the effective date: "The effective date of the provisions of this act is July 1, 2026." The legislature's bill page records these steps.

The Act is codified at NMSA 1978, 29-22-1 to 29-22-5 (Article 22 of Chapter 29, compiled here). Section 29-22-1 is the short title.

Who is covered?

Under NMSA 29-22-2, an "automated license plate reader" is an electronic device capable of recording data on or taking a photograph of a vehicle or its license plate and comparing the collected data and photographs to existing law enforcement databases for investigative purposes. The definition "includes a device that is owned or operated by a person or an entity other than a law enforcement agency," so private operators are covered.

An "ALPR user" is anyone who owns or operates an ALPR or has access to its information. "ALPR information" excludes information used to audit an ALPR.

What sharing does the Act prohibit?

Section 29-22-3(A) says: "An automated license plate reader user shall not sell, share, allow access to or transfer automated license plate reader information if the automated license plate reader user has reasonable belief that the automated license plate reader information may be used for the purpose of" one of three things:

• investigating or otherwise assisting in immigration enforcement;
• investigating or prosecuting a protected health care activity, meaning reproductive or gender-affirming care, or assisting someone in obtaining it; or
• identifying or imposing liability on a person based solely on participation in activities protected by the United States or New Mexico constitution, including assembly, petitioning and speech.

The standard is the user's reasonable belief about the purpose, not proof of misuse.

What about out-of-state agencies and vendors?

Subsections (B) and (C) add two more limits.

• Access by an out-of-state third party or a law enforcement agency outside New Mexico requires first obtaining a written declaration affirming that the information will not be used in violation of subsection (A). Without a signed declaration, there is no sharing.
• Subsection (C) reads: "An automated license plate reader user shall not sell, share, allow access to, transfer or otherwise make available automated license plate reader information to non-law enforcement officers or agencies." A user may still make information available to its own ALPR vendor "for the purpose of providing the automated license plate reader service to the user."

Is New Mexico ALPR data confidential?

Yes. Section 29-22-3(D): "Automated license plate reader information is confidential and not considered a public record for the purposes of the Inspection of Public Records Act [14-2-1 to 14-2-12 NMSA 1978]."

That covers information gathered by an ALPR or created from analysis of it. Whether that language reaches camera locations, contracts or audit records is not settled by the text reviewed, and this page does not say how the Inspection of Public Records Act applies to them. Subsection (E) adds that information captured by a private entity may be sold, shared, transferred or released only with the private entity's express consent or under a valid court order.

What reports does the Act require?

Under NMSA 29-22-4, "[a] law enforcement agency that uses an automated license plate reader system shall report to the department of public safety by April 1 of each year regarding the preceding calendar year." The report covers:

• cameras owned or leased, mobile versus stationary;
• databases compared;
• the number of queries and their purposes;
• other agencies granted access;
• unauthorized use identified under the agency's audit policy;
• subpoenas, warrants and third-party requests;
• out-of-state requests; and
• out-of-state agencies that queried the data.

The Department of Public Safety "shall aggregate reporting data and make that data publicly available by July 1 of each year." Because the Act took effect July 1, 2026 and the text says "preceding calendar year" without a first-year rule, the first reports are expected on April 1, 2027 and the first public aggregation on July 1, 2027, but that timing is not certain.

How is the Act enforced?

NMSA 29-22-5 allows the Attorney General, a district attorney and the Department of Public Safety to enforce the Act. In an enforcement action the court "may award appropriate relief, including temporary, preliminary or permanent injunctive relief," and "may also assess a civil penalty for an intentional violation of Section 3 of the Driver Privacy and Safety Act in the amount of ten thousand dollars ($10,000) or actual damages resulting from each violation, whichever is greater."

A non-complying agency may lose data-sharing privileges and access to state-managed ALPR systems. A non-complying vendor may face corrective action, suspension or termination of access. The text states no private right of action.

What does the Act leave out?

The Act has no retention period, no permitted-purpose list and no warrant requirement for ALPR queries. We read every operative section of Chapter 29, Article 22 and swept the whole of NMSA Chapter 29 for "license plate" and "plate reader." Only Article 22 and one sex-offender registration item (registration data that includes a vehicle plate) matched.

We did not enumerate the Motor Vehicle Code (Chapter 66), the Criminal Code (Chapter 30), the text of the Inspection of Public Records Act itself, or the state constitution's privacy provisions, so this page does not say whether those add rules. We also did not locate implementing rules or guidance from the Department of Public Safety.

Have courts applied the Act?

We found no New Mexico court decision applying it. That search was by web only, so it is not proof that none exists.

What are New Mexico agencies doing?

The list below is not complete, and local decisions are not statewide rules.

• Bernalillo County Sheriff's Office: ended its Flock agreement and announced a move to an Axon plate-reader system, per the Albuquerque Journal on September 8, 2026. The paper reported that the office hoped to put the new system in place before the end of the year and that it currently keeps plate data for 30 days.
• City of Grants: listed as ending its program, with a status date of August 27, 2026, per the Albuquerque Journal.

How can you check your local system?

• Ask the police department or sheriff's office whether it uses ALPR and whether it has a policy on the sharing limits in section 29-22-3.
• Ask whether an out-of-state agency has received access and whether a written declaration was obtained.
• Look for the agency's April 1 report to the Department of Public Safety and the Department's July 1 public data once they are published.
• Remember that the plate data itself is confidential under section 29-22-3(D).

Frequently asked questions

This guide provides general legal information as reviewed on September 30, 2026. It is not legal advice. Consult a lawyer licensed in New Mexico about a particular situation.

Last updated: September 30, 2026.

Frequently Asked Questions

Does New Mexico have a license plate reader law?

Yes. The Driver Privacy and Safety Act, Laws 2026, ch. 20, codified at NMSA 1978, 29-22-1 to 29-22-5, took effect July 1, 2026.

Can New Mexico ALPR data be shared for immigration enforcement?

No, if the user has reasonable belief the information may be used for investigating or otherwise assisting in immigration enforcement. Section 29-22-3(A) bars selling, sharing, allowing access to, or transferring it.

Can out-of-state police access New Mexico ALPR data?

Only after a written declaration is obtained affirming the information will not be used in violation of subsection (A). Without a signed declaration, no sharing is allowed.

Is New Mexico license plate reader data a public record?

Section 29-22-3(D) says ALPR information is confidential and not considered a public record for the purposes of the Inspection of Public Records Act.

Does New Mexico limit how long ALPR data can be kept?

The Driver Privacy and Safety Act contains no retention period, no permitted-purpose list and no warrant requirement for queries. Other New Mexico laws, records-retention schedules and agency policies were not fully checked, and some agencies set their own limits.

What reporting does New Mexico require?

Law enforcement agencies using ALPR systems report to the Department of Public Safety by April 1 each year for the preceding calendar year, and the Department makes aggregated data public by July 1.

What is the penalty for violating the Act?

A court may award injunctive relief and, for an intentional violation of the sharing section, a civil penalty of $10,000 or actual damages per violation, whichever is greater. Agencies and vendors may also lose access.

Can a private business's plate reader fall under the Act?

Yes. The definition of an automated license plate reader includes a device owned or operated by a person or entity other than a law enforcement agency.