SENATE BILL 226
57th legislature - STATE OF NEW MEXICO - first session, 2025
INTRODUCED BY
George K. Muñoz
AN ACT
RELATING TO MOTOR VEHICLES; ESTABLISHING A MAXIMUM SPEED LIMIT FOR TRUCK TRACTORS; PROVIDING A PENALTY.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 66-7-301 NMSA 1978 (being Laws 1978, Chapter 35, Section 405, as amended) is amended to read:
"66-7-301. SPEED REGULATION.--
A. No person shall drive a vehicle on a highway at a speed greater than:
(1) fifteen miles per hour on all highways when passing a school while children are going to or leaving school and when the school zone is properly posted;
(2) thirty miles per hour in a business or residence district;
(3) fifty-five miles per hour on a county road, as defined in Section 66-7-304 NMSA 1978, without a posted speed limit;
(4) seventy-five miles per hour; and
(5) the posted speed limit in construction zones posted as double fine zones or other safety zones posted as double fine zones as designated by the department of transportation; provided that the posted speed limit shall be determined by an engineering study performed by the department of transportation.
B. In every event, speed shall be so controlled by the driver as may be necessary:
(1) to avoid colliding with a person, vehicle or other conveyance on or entering the highway;
(2) to comply with legal requirements as may be established by the department of transportation or the New Mexico state police division of the department of public safety and the duty of all persons to use due care; and
(3) to protect workers in construction zones posted as double fine zones or other safety zones posted as double fine zones as designated by the department of transportation.
C. No person shall drive a truck tractor on a highway at a speed greater than sixty-five miles per hour.
[C.] D. The speed limits set forth in Subsection A of this section may be altered as authorized in Section 66-7-303 NMSA 1978."
SECTION 2. Section 66-8-116 NMSA 1978 (being Laws 1978, Chapter 35, Section 524, as amended) is amended to read:
"66-8-116. PENALTY ASSESSMENT MISDEMEANORS--DEFINITION--SCHEDULE OF ASSESSMENTS.--
A. As used in the Motor Vehicle Code and the Boat Act, "penalty assessment misdemeanor" means violation of any of the following listed sections of the NMSA 1978 for which, except as provided in Subsections D through F of this section, the listed penalty assessment is established:
COMMON NAME OF OFFENSE SECTION VIOLATED PENALTY ASSESSMENT
Vehicles subject to
registration 66-3-1 $ 50.00
Improper display of
registration plate 66-3-18 25.00
Failure to notify of
change of name or address 66-3-23 25.00
Lost or damaged registration,
plate or title 66-3-24 25.00
Horseless carriage
registration 66-3-27 25.00
Transfer of registration
and title 66-3-103 25.00
Expiration of dealer
plates 66-3-403 25.00
Special registration
plates 66-3-409, 66-3-412.1,
66-3-413, 66-3-415,
66-3-417, 66-3-419,
66-3-421, 66-3-422,
66-3-424.4, 66-3-424.5,
66-3-424.7, 66-3-424.9,
66-3-424.13, 66-3-424.16
and 66-3-424.28 75.00
Bicycle laws 66-3-701
through
66-3-707 50.00
No license display 66-5-16 25.00
Failure to change
address or name on
license 66-5-22 25.00
Permitting unauthorized
minor to drive 66-5-40 50.00
Permitting unauthorized
person to drive 66-5-41 25.00
Failure to obey sign 66-7-104 25.00
Failure to obey signal 66-7-105 25.00
Pedestrian signs and
signals 66-7-106
through
66-7-108 25.00
Speeding 66-7-301
(1) up to and including
ten miles an hour
over the speed limit 25.00
(2) from eleven up to
and including fifteen
miles an hour
over the speed limit 30.00
(3) from sixteen up to
and including twenty
miles an hour over the
speed limit 65.00
(4) from twenty-one up to
and including twenty-five
miles an hour
over the speed limit 100.00
(5) from twenty-six up to
and including thirty
miles an hour over the
speed limit 125.00
(6) from thirty-one up to
and including thirty-five
miles an hour over the
speed limit 150.00
(7) more than thirty-five
miles an hour over the
speed limit 200.00
(8) truck tractor more than
sixty-five miles per hour 250.00
Unfastened safety belt 66-7-372 25.00
Child not in restraint device
or seat belt 66-7-369 25.00
Minimum speed 66-7-305 25.00
Speeding 66-7-306 25.00
Improper starting 66-7-324 25.00
Improper backing 66-7-354 25.00
Improper lane 66-7-308 25.00
Improper lane 66-7-313 25.00
Improper lane 66-7-316 25.00
Improper lane 66-7-317 25.00
Improper lane 66-7-319 25.00
Improper passing 66-7-309
through
66-7-312 25.00
Improper passing 66-7-315 25.00
Controlled access
violation 66-7-320 25.00
Controlled access
violation 66-7-321 25.00
Improper turning 66-7-322 25.00
Improper turning 66-7-323 25.00
Improper turning 66-7-325 25.00
Following too closely 66-7-318 25.00
Failure to yield 66-7-328
through
66-7-331 25.00
Failure to yield 66-7-332 50.00
Failure to yield 66-7-332.1 25.00
Pedestrian violation 66-7-333
through
66-7-340 25.00
Failure to stop 66-7-342
and 66-7-344
through
66-7-346 25.00
Railroad-highway grade
crossing violation 66-7-341
and 66-7-343 150.00
Passing school bus 66-7-347 100.00
Failure to signal 66-7-325
through
66-7-327 25.00
Riding on motorcycles 66-7-355 100.00
Video screens in
automobiles 66-7-358 25.00
Driving on mountain
highways 66-7-359 25.00
Coasting prohibited 66-7-360 25.00
Animals on highway at
night 66-7-363 50.00
Failure to secure load 66-7-407 100.00
Operation without oversize-
overweight permit 66-7-413 50.00
Transport of reducible
load with special
permit more than six miles
from a border crossing 66-7-413 100.00
Driving while license
administratively
suspended 66-5-39.2 25.00
Improper equipment 66-3-801
through
66-3-840
and 66-3-842
through
66-3-851 50.00
Improper equipment 66-3-901 50.00
Improper emergency
signal 66-3-853
through
66-3-857 25.00
Minor on motorcycle
without helmet 66-7-356 300.00
Operation interference 66-7-357 50.00
Littering 66-7-364 300.00
Improper parking 66-7-349
through
66-7-352
and 66-7-353 25.00
Improper parking 66-3-852 25.00
Riding in or towing
occupied house trailer 66-7-366 25.00
Improper opening of doors 66-7-367 25.00
No slow-moving vehicle
emblem or flashing
amber light 66-3-887 25.00
Open container-first
violation 66-8-138 25.00
Texting while driving-
(1) first violation 66-7-374 25.00
(2) second and subsequent
violation 50.00
Using a handheld mobile
communication device
while driving a
commercial motor vehicle 66-7-375
(1) first violation 25.00
(2) second and subsequent
violation 50.00
Improper use of travel lane 66-7-376 250.00.
B. The term "penalty assessment misdemeanor" does not include a violation that has caused or contributed to the cause of an accident resulting in injury or death to a person.
C. When an alleged violator of a penalty assessment misdemeanor elects to accept a notice to appear in lieu of a notice of penalty assessment, a fine imposed upon later conviction shall not exceed the penalty assessment established for the particular penalty assessment misdemeanor and probation imposed upon a suspended or deferred sentence shall not exceed ninety days.
D. The penalty assessment for speeding in violation of Paragraph (5) of Subsection A of Section 66-7-301 NMSA 1978 is twice the penalty assessment established in Subsection A of this section for the equivalent miles per hour over the speed limit.
E. Upon a second conviction for operation without a permit for excessive size or weight pursuant to Section 66-7-413 NMSA 1978, the penalty assessment shall be two hundred fifty dollars ($250). Upon a third or subsequent conviction, the penalty assessment shall be five hundred dollars ($500).
F. Upon a second conviction for transport of a reducible load with a permit for excessive size or weight pursuant to Subsection N of Section 66-7-413 NMSA 1978 more than six miles from a port-of-entry facility on the border with Mexico, the penalty assessment shall be five hundred dollars ($500). Upon a third or subsequent conviction, the penalty assessment shall be one thousand dollars ($1,000)."
SECTION 3. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2025.
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