All garage owners and persons engaged in the business of towing automobiles, storing automobiles or furnishing wrecker service shall have a lien on all automobiles towed, stored or upon which wrecker service is performed when such towing, storage or wrecker service is furnished or performed at the request or with the consent of any person lawfully in possession of such automobile, for the reasonable value of such services and for costs incurred in enforcing the lien. A peace officer who requests towing, storage or wrecker service for a wrecked, abandoned or stolen vehicle shall be deemed a person lawfully in possession of such vehicle within the meaning of this section. The lien created under this section shall be perfected under Sections 48-3-13 and 48-3-14 NMSA 1978.

History: Laws 1937, ch. 150, § 1; 1941 Comp., § 63-314; 1953 Comp., § 61-3-17; Laws 1963, ch. 99, § 1; 1967, ch. 183, § 2.

Cross references. — For lien for repair of motor vehicle, see 48-3-1 NMSA 1978.

There is no right to a storage lien on a freight trailer, as a freight trailer separated from a truck tractor is not an "automobile" under the Motor Vehicle Code. Newman v. Basin Motor Co., 1982-NMCA-074, 98 N.M. 39, 644 P.2d 553.

Wrongful sale justifies punitive damages. — Where a trailer is wrongfully withheld and sold contrary to law and a court's restraining order, these facts alone justify the imposition of punitive damages. Newman v. Basin Motor Co., 1982-NMCA-074, 98 N.M. 39, 644 P.2d 553.

Am. Jur. 2d, A.L.R. and C.J.S. references. — Bailee's lien for work on goods as extending to other goods of the bailor in his possession, 25 A.L.R.2d 1037.

Lien for storage of motor vehicle, 48 A.L.R.2d 894, 85 A.L.R.3d 199.

What constitutes use of vehicle "in the automobile business" within exclusionary clause of liability policy, 56 A.L.R.4th 300.

8 C.J.S. Bailments §§ 80 to 85; 61A C.J.S. Motor Vehicles §§ 743 to 759.