46th legislature - STATE OF NEW MEXICO - first session, 2003

RELATING TO MOTOR VEHICLE CODE VIOLATIONS; CHANGING CERTAIN MISDEMEANORS TO CIVIL VIOLATIONS; INCREASING CERTAIN FINES AND FEES; CLARIFYING PROVISIONS CONCERNING THE BLOCKING OF TRAFFIC; PROVIDING FOR PENALTIES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

Section 1. Section 35-6-1 NMSA 1978 (being Laws 1968, Chapter 62, Section 92, as amended by Laws 2001, Chapter 277, Section 2 and also by Laws 2001, Chapter 279, Section 2) is amended to read:

"35-6-1. MAGISTRATE COSTS--SCHEDULE--DEFINITION OF

"CONVICTED".--

A. Magistrate judges, including metropolitan court judges, shall assess and collect and shall not waive, defer or suspend the following costs:

docket fee, criminal actions under Section 29-5-1 NMSA 1978 $ 1.00;

docket fee, to be collected prior to docketing any other

criminal action, except as provided in Subsection B

of Section 35-6-3 NMSA 1978 20.00.

Proceeds from this docket fee shall be transferred to the administrative office of the courts for deposit in the court facilities fund;

docket fee, ten dollars ($10.00) of which shall be

deposited in the court automation fund and fifteen dollars ($15.00) of which shall be deposited in the civil legal services fund, to be collected prior to docketing any civil action, except as provided in Subsection A of Section 35-6-3 NMSA 1978 62.00;

jury fee, to be collected from the party demanding trial by jury in any civil action at the time the demand is filed or made 25.00;

copying fee, for making and certifying copies of any records in the court, for each page copied by photographic process .50.

Proceeds from this copying fee shall be transferred to the administrative office of the courts for deposit in the court facilities fund; and

copying fee, for computer-generated or electronically

transferred copies, per page 1.00.

Proceeds from this copying fee shall be transferred

to the administrative office of the courts for

deposit in the court automation fund.

Except as otherwise specifically provided by law, docket fees shall be paid into the court facilities fund.

B. Except as otherwise provided by law, no other costs or fees shall be charged or collected in the magistrate or metropolitan court.

C. The magistrate or metropolitan court may grant free process to any party in any civil proceeding or special statutory proceeding upon a proper showing of indigency. The magistrate or metropolitan court may deny free process if it finds that the complaint on its face does not state a cause of action.

D. As used in this subsection, "convicted" means the defendant has been found guilty of a criminal charge by the magistrate or metropolitan judge, either after trial, a plea of guilty or a plea of nolo contendere. Magistrate judges, including metropolitan court judges, shall assess and collect and shall not waive, defer or suspend the following costs:

(1) corrections fee [in any county without a metropolitan court] to be collected upon conviction from persons convicted of violating any provision of the Motor Vehicle Code involving the operation of a motor vehicle, convicted of a crime constituting a misdemeanor or a petty misdemeanor or convicted of violating any ordinance that may be enforced by the imposition of a term of imprisonment

in a county without a metropolitan court $20.00;

in a county with a metropolitan court [$]10.00;

(2) court automation fee, to be collected upon conviction from persons convicted of violating any provision of the Motor Vehicle Code involving the operation of a motor vehicle, convicted of a crime constituting a misdemeanor or a petty misdemeanor or convicted of violating any ordinance that may be enforced by the imposition of a term of imprisonment

10.00;

(3) traffic safety fee, to be collected upon

conviction from persons convicted of violating any provision of the Motor Vehicle Code involving the operation of a motor vehicle 3.00;

(4) judicial education fee, to be collected upon conviction from persons convicted of operating a motor vehicle in violation of the Motor Vehicle Code, convicted of a crime constituting a misdemeanor or a petty misdemeanor or convicted of violating any ordinance punishable by a term of

imprisonment 1.00;

(5) brain injury services fee, to be collected upon conviction from persons convicted of violating any provision of the Motor Vehicle Code involving the operation of a motor vehicle 5.00;

and

(6) court facilities fee, to be collected upon conviction from persons convicted of violating any provision of the Motor Vehicle Code involving the operation of a motor vehicle, convicted of a crime constituting a misdemeanor or a petty misdemeanor or convicted of violating any ordinance that may be enforced by the imposition of a term of imprisonment as follows:

in a county with a metropolitan court 24.00;

in any other county 10.00.

E. Metropolitan court judges shall assess and collect and shall not waive, defer or suspend as costs a mediation fee not to exceed five dollars ($5.00) for the docketing of small claims and criminal actions specified by metropolitan court rule. Proceeds of the mediation fee shall be deposited into the metropolitan court mediation fund."

Section 2. Section 66-5-205 NMSA 1978 (being Laws 1983, Chapter 318, Section 6, as amended) is amended to read:

"66-5-205. VEHICLE MUST BE INSURED OR OWNER MUST HAVE EVIDENCE OF FINANCIAL RESPONSIBILITY--PENALTIES.--

A. No owner shall permit the operation of an uninsured motor vehicle, or a motor vehicle for which evidence of financial responsibility as was affirmed to the department is not currently valid, upon the streets or highways of New Mexico unless the vehicle is specifically exempted from the provisions of the Mandatory Financial Responsibility Act.

B. No person shall drive an uninsured motor vehicle, or a motor vehicle for which evidence of financial responsibility as was affirmed to the department is not currently valid, upon the streets or highways of New Mexico unless he is specifically exempted from the provisions of the Mandatory Financial Responsibility Act.

C. For the purposes of the Mandatory Financial Responsibility Act, "uninsured motor vehicle" means a motor vehicle for which a motor vehicle insurance policy meeting the requirements of the laws of New Mexico and of the secretary, or a surety bond or evidence of a sufficient cash deposit with the state treasurer, is not in effect [or a surety bond or evidence of a sufficient cash deposit with the state treasurer].

D. The provisions of the Mandatory Financial Responsibility Act requiring the deposit of evidence of financial responsibility as provided in Section 66-5-218 NMSA 1978, subject to certain exemptions, may apply with respect to persons who have been convicted of or forfeited bail for certain offenses under motor vehicle laws or who have failed to pay judgments or written settlement agreements upon causes of action arising out of ownership, maintenance or use of vehicles of a type subject to registration under the laws of New Mexico.

E. Any person who violates the provisions of this section is [guilty of a misdemeanor and upon conviction shall be sentenced to a fine] subject to a civil penalty not to exceed [three hundred dollars ($300)] five hundred dollars ($500)."

Section 3. Section 66-5-229 NMSA 1978 (being Laws 1978, Chapter 35, Section 318, as amended) is amended to read:

"66-5-229. DURATION OF EVIDENCE--WHEN FILING OF EVIDENCE

MAY BE WAIVED.--

A. The department shall, upon request, consent to the immediate cancellation of any bond or the department shall direct and the state treasurer shall return to the person entitled thereto any money deposited pursuant to the Mandatory Financial Responsibility Act as evidence of financial responsibility or the department shall waive the requirement of filing evidence of financial responsibility in any of the following events:

(1) after one year of providing satisfactory evidence as specified in Section 66-5-218 NMSA 1978;

(2) the death of the person on whose behalf evidence was filed or the permanent incapacity of the person to operate a motor vehicle; or

(3) the person who has filed evidence surrenders his license and registration to the department.

B. [Provided, however, that] The department shall not consent to the cancellation of any bond or the return of any money or waive the requirement of filing evidence of financial responsibility in the event any action for damages upon a liability covered by the evidence is then pending or any judgment upon any such liability is then unsatisfied or in the event the person who has filed the bond or deposited the money has, within one year immediately preceding the request, been involved as a driver or owner in any motor vehicle accident resulting in injury or damage to the person or property of others. An affidavit of the applicant as to the nonexistence of such facts or that he has been released from all of his liability or has been finally adjudicated not to be liable for such injury or damage shall be sufficient evidence thereof in the absence of evidence to the contrary in the records of the department.

C. Every owner or operator of a vehicle subject to the requirements of the Mandatory Financial Responsibility Act shall carry evidence of financial responsibility as defined by that act in the vehicle at all times while the vehicle is in operation on the highways of this state. [The failure] A person who fails to comply with this subsection [shall be a misdemeanor and shall be punishable by the] is subject to the civil penalty set forth in Section 66-8-7 NMSA 1978; provided that no person charged with violating this section [shall be convicted] is subject to the civil penalty if he produces in court evidence of financial responsibility valid at the time of issuance of the citation."

Section 4. Section 66-5-231 NMSA 1978 (being Laws 1978, Chapter 35, Section 321, as amended) is amended to read:

"66-5-231. FORGED EVIDENCE.--Any person who forges or, without authority, signs any evidence of financial responsibility or who files or offers for filing any such evidence knowing or having reason to believe that it is forged or signed without authority is guilty of a misdemeanor and shall be fined not more than one thousand dollars ($1,000) or imprisoned for not more than one year or both in accordance with the provisions of Section 31-19-1 NMSA 1978."

Section 5. Section 66-7-3 NMSA 1978 (being Laws 1978, Chapter 35, Section 373) is amended to read:

"66-7-3. REQUIRED OBEDIENCE TO TRAFFIC LAWS.--It is unlawful and, unless otherwise declared in the Motor Vehicle Code with respect to particular offenses, it is a [misdemeanor] civil violation for any person to do any act forbidden or fail to perform any act required in [Article 7 of] Chapter [64 NMSA 1953] 66, Article 7 NMSA 1978."

Section 6. Section 66-7-202 NMSA 1978 (being Laws 1978, Chapter 35, Section 391) is amended to read:

"66-7-202. ACCIDENTS INVOLVING DAMAGE TO VEHICLE.--The driver of any vehicle involved in an accident resulting only in damage to a vehicle [which] that is driven or attended by any person shall immediately stop [such] the vehicle off the traveled portion of the highway at the scene of [such] the accident or as close thereto as possible but shall forthwith return to and in every event shall remain at the scene of [such] the accident until he has fulfilled the requirements of Section [64-7-203 NMSA 1953] 66-7-203 NMSA 1978. Every such stop shall be made without obstructing traffic more than is necessary in accordance with Section 66-3-852 NMSA 1978. Any person failing to stop or comply with [said] the requirements of Section 66-7-203 NMSA 1978 under such circumstances [shall be] is guilty of a misdemeanor and shall be sentenced pursuant to the provisions of Section 31-19-1 NMSA 1978."

Section 7. Section 66-7-204 NMSA 1978 (being Laws 1953, Chapter 139, Section 42) is amended to read:

"66-7-204. DUTY UPON STRIKING UNATTENDED VEHICLE.--The driver of any vehicle [which] that collides with any vehicle [which] that is unattended shall immediately stop off the traveled portion of the highway and shall [then and there] either locate and notify the operator or owner of such vehicle of the name and address of the driver and owner of the vehicle striking the unattended vehicle or shall leave in a conspicuous place in the vehicle struck a written notice giving the name and address of the driver and of the owner of the vehicle doing the striking and a statement of the circumstances [thereof]. A stop shall be made without obstructing traffic more than necessary in accordance with the provisions of Section 66-3-852 NMSA 1978."

Section 8. Section 66-7-303.1 NMSA 1978 (being Laws 1985, Chapter 188, Section 3, as amended) is amended to read:

"66-7-303.1. CONSTRUCTION ZONES--TRAFFIC CONTROL DEVICES--PENALTY.--

A. When construction, repair or reconstruction of any street or highway is being done, the state highway and transportation department or the local authority with jurisdiction over that street or highway is authorized to designate as a construction zone that portion of the street or highway where construction, reconstruction or repair is being done and to close the construction zone to traffic or to provide for a single lane of traffic on any two-lane or four-lane highway in the construction zone.

B. The state highway and transportation department or any local authority closing all or a portion of a street or highway or providing for a single lane of traffic on any two-lane or four-lane street or highway pursuant to Subsection A of this section shall erect or cause to be erected traffic-control devices or barricades to warn and notify the public of any change in speed limit and that such street or highway is closed or limited to a single lane of traffic.

C. Every pedestrian or person who operates a vehicle on any street or highway shall obey all signs, signals, markings, flagmen or other traffic-control devices that are placed to regulate, control and guide traffic through a construction zone.

D. No person shall remove, change, modify, deface or alter any traffic-control device or barricade [which] that has been erected on any street or highway pursuant to this section.

E. Any person who violates any provision of Subsection [C or] D of this section is guilty of a misdemeanor and upon conviction shall be sentenced in accordance with Section [66-8-7] 31-19-1 NMSA 1978."

Section 9. Section 66-7-367 NMSA 1978 (being Laws 1969, Chapter 169, Section 10) is amended to read:

"66-7-367. IMPROPER OPENING OF DOORS.--It is [a misdemeanor] unlawful for any person to:

A. open the door of a vehicle on the side near moving traffic unless:

(1) it is reasonably safe to do so; and

(2) the door can be opened without interfering with the movement of traffic; or

B. leave a door of a vehicle open on the side of the vehicle near moving traffic for a period of time longer than necessary to load or unload passengers."

Section 10. Section 66-7-401 NMSA 1978 (being Laws 1978, Chapter 35, Section 472) is amended to read:

"66-7-401. SCOPE AND EFFECT [OF ARTICLE].--

A. It is [a misdemeanor] unlawful for any person to drive or move or for the owner, lessee or other person directing the operation to cause or permit to be driven or moved on any highway any vehicle [or vehicles] of a size or weight exceeding the limitations stated in Sections [64-7-401 through 64-7-416 NMSA 1953] 66-7-401 through 66-7-416 NMSA 1978 or otherwise in violation of [said] those sections, and the maximum size and weight of vehicles herein specified shall be lawful [thoroughout] throughout this state, and local authorities shall have no power or authority to alter [said] the limitations except as express authority may be granted in [said] Sections 66-7-401 through 66-7-416 NMSA 1978.

B. The provisions of Sections [64-7-401 through 64-7-416 NMSA 1953] 66-7-401 through 66-7-416 NMSA 1978 governing size, weight and load shall not apply to fire apparatus, road machinery engaged in highway construction or maintenance or to implements of husbandry, including farm tractors, temporarily moved upon a highway or to a vehicle operated under the terms of a special permit issued as herein provided."

Section 11. Section 66-7-416 NMSA 1978 (being Laws 1978, Chapter 35, Section 487) is amended to read:

"66-7-416. LIABILITY FOR DAMAGE--UNLAWFUL USE OF HIGHWAYS--PENALTIES.--

A. The public highways in [the] this state are dedicated to the reasonable use thereof by the public.

B. It [shall be] is unlawful for any person to injure or damage any public highway or street or any bridge, culvert, sign, signpost or structure upon or used or constructed in connection with any public highway or street for the protection thereof or for protection or regulation of traffic thereon by any [unsual] unusual, improper or unreasonable use thereof or by the careless driving or use of any vehicle thereon or by willful mutilation, defacing or destruction thereof.

C. It shall be considered unreasonable use of any bridge or structure to operate or conduct upon or over the [same] bridge or structure any vehicle, tractor or engine not in accordance with Sections [64-7-401 through 64-7-416 NMSA 1953] 66-7-401 through 66-7-416 NMSA 1978.

D. It shall be considered unreasonable use of any improved highway, roadway or street to operate, drive or haul thereon any truck, tractor or engine in such manner or at times when the surface thereof is in a soft or plastic condition and the road or portion thereof has been closed pursuant to law or by order of the state highway and transportation department.

E. It [shall be] is unlawful to erect or maintain any fence or any other structure across any street, highway or roadway without written permission from the authorities having control thereof.

F. Any person violating any provision of this section [shall be guilty of a misdemeanor and upon conviction shall be punished by a fine] is subject to a civil penalty of not less than twenty-five dollars ($25.00) nor more than one hundred dollars ($100), [or by imprisonment in the county jail for not less than five days nor more than thirty days, or by both such fine and imprisonment] and the operator and the owner of [such] the vehicle, truck, tractor or engine from whom the driver or operator has permitted possession at the time thereof shall be jointly and severally liable to the state, county or municipality as the case may be for the actual damage caused by the operation, conducting or hauling thereof over any public highway, street, bridge, culvert or structure in violation of any provision of [this act] Sections 66-7-401 through 66-7-416 NMSA 1978 to be collected by suit brought in the name of the state, county or municipality having control of [such] the highway or street; and [such] the vehicle, truck, tractor or engine may be attached and held to satisfy [and] any judgment for such damages.

G. The proceeds of any such judgment shall be paid to the treasurer of [the] this state or of such county or municipality and placed to the credit of a fund for the construction and improvement of roads or streets."

Section 12. Section 66-8-7 NMSA 1978 (being Laws 1978, Chapter 35, Section 505, as amended) is amended to read:

"66-8-7. PENALTY [FOR MISDEMEANOR] ASSESSMENT.--

A. It is a [misdemeanor] civil violation for any person to violate any provision of the Motor Vehicle Code unless the violation is declared a misdemeanor or felony.

B. Unless another penalty is specified in the Motor Vehicle Code, every person [convicted of a misdemeanor for violation of] who violates any provision of the Motor Vehicle Code shall be [punished by a fine] subject to a civil penalty of not more than [three hundred dollars ($300) or by imprisonment for not more than ninety days or both] five hundred dollars ($500)."

Section 13. Section 66-8-9 NMSA 1978 (being Laws 1978, Chapter 35, Section 507, as amended) is amended to read:

"66-8-9. PENALTY FOR MISDEMEANOR OR FELONY.--

A. A person convicted of violating a provision of the Motor Vehicle Code declared a misdemeanor, and punishment is not specified, shall be sentenced pursuant to the provisions of Section 31-19-1 NMSA 1978.

B. Any person convicted of violating any provision of the Motor Vehicle Code declared a felony, and punishment is not specified, is guilty of a fourth degree felony and shall be

sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978."

Section 14. Section 66-8-10 NMSA 1978 (being Laws 1978, Chapter 35, Section 508) is amended to read:

"66-8-10. DUPLICATE OR REPLACEMENT REGISTRATION PLATE--CITATION--FAILURE TO COMPLY.--Any motor vehicle owner who has been issued a citation for an illegible registration plate and who fails to comply with the terms of the citation requiring the acquisition of a duplicate or replacement plate within thirty days of the date of the citation is [guilty of a misdemeanor] subject to a civil penalty of not more than three hundred dollars ($300)."

Section 15. Section 66-8-114 NMSA 1978 (being Laws 1969, Chapter 169, Section 12) is amended to read:

"66-8-114. CARELESS DRIVING.--

A. Any person operating a vehicle on the highway shall give his full time and entire attention to the operation of the vehicle.

B. Any person who operates a vehicle in a careless, inattentive or imprudent manner without due regard for the width, grade, curves, corners, traffic, weather and road conditions and all other attendant circumstances is guilty of [a misdemeanor] careless driving."

Section 16. 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] VIOLATIONS--

DEFINITION--SCHEDULE OF ASSESSMENTS.--

A. As used in the Motor Vehicle Code, "penalty assessment [misdemeanor] violation" means violation of any of the following listed sections of the NMSA 1978 for which, except as provided in Subsection D of this section, the listed penalty assessment is established:

COMMON NAME OF [OFFENSE] SECTION VIOLATED PENALTY

VIOLATION ASSESSMENT

Permitting unlicensed

minor to drive 66-5-40 $ 10.00

Failure to obey sign 66-7-104 10.00

Failure to obey signal 66-7-105 10.00

Speeding 66-7-301

(1) up to

and including ten

miles an hour

over the speed limit 15.00

(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

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 10.00

Speeding 66-7-306 15.00

Improper starting 66-7-324 10.00

Improper backing 66-7-354 10.00

Improper lane 66-7-308 10.00

Improper lane 66-7-313 10.00

Improper lane 66-7-316 10.00

Improper lane 66-7-317 10.00

Improper lane 66-7-319 10.00

Improper passing 66-7-309 through 66-7-312 10.00

Improper passing 66-7-315 10.00

Controlled access

violation 66-7-320 10.00

Controlled access

violation 66-7-321 10.00

Improper turning 66-7-322 10.00

Improper turning 66-7-323 10.00

Improper turning 66-7-325 10.00

Following too closely 66-7-318 10.00

Failure to yield 66-7-328 through 66-7-332 10.00

Failure to yield 66-7-332.1 25.00

Pedestrian violation 66-7-333 10.00

Pedestrian violation 66-7-340 10.00

Failure to stop 66-7-341 through 66-7-346 10.00

Passing school bus 66-7-347 100.00

Failure to signal 66-7-325 through 66-7-327 10.00

Failure to secure load 66-7-407 100.00

Operation without oversize-

overweight permit 66-7-413 50.00

Improper equipment 66-3-801 10.00

Improper equipment 66-3-901 20.00

Improper emergency

signal 66-3-853 through 66-3-857 10.00

Operation interference 66-7-357 5.00

Littering 66-7-364 300.00

Improper parking 66-7-349 through 66-7-352

and 66-7-353 5.00

Improper parking 66-7-352.5 50.00

Improper parking 66-3-852 5.00

Failure to dim lights 66-3-831 10.00

Riding in or towing

occupied house trailer 66-7-366 5.00

Improper opening of doors 66-7-367 5.00

No slow-moving vehicle

emblem or flashing

amber light 66-3-887 5.00

Open container - first

violation 66-8-138 25.00.

B. The term "penalty assessment [misdemeanor] violation" 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] violation elects to accept a notice to appear in lieu of a notice of penalty assessment, [no] a fine imposed upon later conviction shall not exceed the penalty assessment established for the particular penalty assessment [misdemeanor and no probation imposed upon a suspended or deferred sentence shall exceed ninety days] violation.

D. The penalty assessment for speeding in violation of Paragraph (4) 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."

Section 17. Section 66-8-116.1 NMSA 1978 (being Laws 1989, Chapter 319, Section 12) is amended to read:

"66-8-116.1. PENALTY ASSESSMENT [MISDEMEANORS] VIOLATIONS--OVERSIZE LOAD.--As used in the Motor Vehicle Code and the Motor Carrier Act, "penalty assessment [misdemeanor] violation" means, in addition to the definition of that term in Section 66-8-116 NMSA 1978, violation of the following listed sections of the NMSA 1978 for which the listed penalty is established:

COMMON NAME OF [OFFENSE] SECTION VIOLATED PENALTY

VIOLATION ASSESSMENT

Oversize load

1,000 to 3,000 pounds 66-7-411 $ 25.00

Oversize load

3,001 to 4,000 pounds 66-7-411 40.00

Oversize load

4,001 to 5,000 pounds 66-7-411 75.00

Oversize load

5,001 to 6,000 pounds 66-7-411 125.00

Oversize load

6,001 to 7,000 pounds 66-7-411 200.00

Oversize load

7,001 to 8,000 pounds 66-7-411 275.00

Oversize load

8,001 to 9,000 pounds 66-7-411 350.00

Oversize load

9,001 to 10,000 pounds 66-7-411 425.00

Oversize load

over 10,000 pounds 66-7-411 500.00."

Section 18. Section 66-8-116.2 NMSA 1978 (being Laws 1989, Chapter 319, Section 13, as amended) is amended to read:

"66-8-116.2. PENALTY ASSESSMENT [MISDEMEANORS] VIOLATIONS--MOTOR CARRIER ACT.--As used in the Motor Vehicle Code and the Motor Carrier Act, "penalty assessment [misdemeanor] violation" means, in addition to the definitions of that term in Sections 66-8-116 and 66-8-116.1 NMSA 1978, violation of the following listed sections of the NMSA 1978 for which the listed penalty is established:

A. GENERAL

COMMON NAME OF [OFFENSE] SECTION VIOLATED PENALTY ASSESSMENT

VIOLATION

Failure to register

  motor carrier 65-1-12 $100.00

Failure to carry

  identification card 65-1-26 50.00

Failure to comply with

  [state corporation] public

  regulation commission

   rules and regulations 65-2-83 50.00

Failure to register

  interstate motor

  carrier with [state

  corporation] public

regulation commission 65-2-115 50.00

Failure to stop at

  designated

registration place 65-5-1 100.00

Failure to obtain

  proper clearance

  certificates 65-5-3 100.00.

B. VEHICLE OUT-OF-SERVICE VIOLATIONS

COMMON NAME OF [OFFENSE] SECTION VIOLATED PENALTY ASSESSMENT

VIOLATION

Absence of braking action 65-3-9 $100.00

Damaged brake lining or pads 65-3-9 50.00

Loose or missing brake

components 65-3-12 100.00

Inoperable breakaway braking

system 65-3-12 50.00

Defective or damaged brake

tubing 65-3-12 50.00

Inoperative low pressure

warning device 65-3-9 50.00

Reservoir pressure not

maintained 65-3-12 100.00

Inoperative tractor

protection valve 65-3-9 100.00

Damaged or loose air

compressor 65-3-12 100.00

Audible air leak at brake

chamber 65-3-12 50.00

Defective safety devices--

chains or hooks 65-3-9 100.00

Defective towing or coupling

devices 65-3-9 100.00

Defective exhaust systems 65-3-9 30.00

Frame defects--trailers 65-3-12 100.00

Frame defects--other 65-3-9 100.00

Defective fuel systems 65-3-9 50.00

Missing or inoperative

lamps 65-3-9 25.00

Missing lamps on projecting

loads 65-3-9 50.00

Missing or inoperative

turn signal 65-3-9 25.00

Unsafe loading 65-3-8 100.00

Excessive steering wheel

play 65-3-9 100.00

Steering column defects 65-3-9 100.00

Steering box or steering

system defects 65-3-9 100.00

Suspension system defects 65-3-9 50.00

Defective springs or spring

assembly 65-3-9 50.00

Defective tires--steering

axle 65-3-9 100.00

Defective tires--other axles 65-3-9 30.00

Defective wheels and rims 65-3-9 50.00

Defective or missing

windshield wipers 65-3-9 30.00

Defective or inoperative

emergency exit--bus 65-3-9 100.00.

C. DRIVER OUT-OF-SERVICE VIOLATIONS

COMMON NAME OF [OFFENSE] SECTION VIOLATED PENALTY ASSESSMENT

VIOLATION

Driver's age 65-3-7 30.00

Driver not licensed for

type of vehicle being

operated 65-3-7 30.00

Failure to have valid

commercial driver's license

in possession 66-5-59 30.00

No waiver of physical

disqualification

in possession 65-3-7 30.00

Sickness or fatigue 65-3-8 100.00

Driver disqualification 65-3-7 500.00

Exceeding the 10-hour

driving rule 65-3-11 100.00

Exceeding the 15-hour on

duty rule 65-3-11 100.00

Exceeding the 60 hours in 7

days on duty rule 65-3-11 100.00

Exceeding 70 hours in 8

days on duty rule 65-3-11 100.00

False log book 65-3-11 100.00.

D. HAZARDOUS MATERIALS OUT-OF-SERVICE VIOLATIONS

COMMON NAME OF [OFFENSE] SECTION VIOLATED PENALTY ASSESSMENT

VIOLATION

Placarding violations 65-3-13 250.00

Cargo tank not meeting

specifications 65-3-13 250.00

Internal valve operation

violations 65-3-13 250.00

Hazardous materials

packaging violations 65-3-13 250.00

Insecure load--hazardous

materials 65-3-13 250.00

Shipping papers violations 65-3-13 30.00

Shipment of forbidden

combination of hazardous

materials 65-3-13 250.00

No hazardous waste manifest 65-3-13 30.00

Bulk packaging marking

violations 65-3-13 30.00

Cargo tank marking violations 65-3-13 30.00."

Section 19. Section 66-8-116.3 NMSA 1978 (being Laws 1989, Chapter 320, Section 5, as amended) is amended to read:

"66-8-116.3. PENALTY ASSESSMENT [MISDEMEANORS] VIOLATIONS--ADDITIONAL FEES.--In addition to the penalty assessment established for each penalty assessment [misdemeanor] violation, there shall be assessed:

A. in a county without a metropolitan court, ten dollars ($10.00) to help defray the costs of local government corrections;

B. a court automation fee of ten dollars ($10.00);

C. a traffic safety fee of three dollars ($3.00), which shall be credited to the traffic safety education and enforcement fund;

D. a judicial education fee of one dollar ($1.00), which shall be credited to the judicial education fund;

E. a brain injury services fee of five dollars ($5.00), which shall be credited to the brain injury services fund; [and]

F. a court facilities fee as follows:

in a county with a metropolitan court 24.00;

in any other county 10.00; and

G. if the traffic citation is issued by use of an automated enforcement system, an automation fee of 25.00."

Section 20. Section 66-8-117 NMSA 1978 (being Laws 1978, Chapter 35, Section 525, as amended) is amended to read:

"66-8-117. PENALTY ASSESSMENT [MISDEMEANORS] VIOLATIONS--OPTION--EFFECT.--

A. Unless a warning notice is given, at the time of making an arrest for any [penalty assessment misdemeanor] violation of the Motor Vehicle Code, the arresting officer shall offer the alleged violator the option of accepting a penalty assessment. The violator's signature on the penalty assessment notice constitutes an acknowledgment of guilt of the offense stated in the notice.

B. Except for penalty assessments made under a municipal program authorized by Section 66-8-130 NMSA 1978, payment of any penalty assessment must be made by mail to the division within thirty days from the date of arrest. Payments of penalty assessments are timely if postmarked within thirty days from the date of arrest. The division may issue a receipt when a penalty assessment is paid by currency, but checks tendered by the violator upon which payment is received are sufficient receipt.

C. No record of any penalty assessment payment is admissible as evidence in any court in any civil action."

Section 21. Section 66-8-119 NMSA 1978 (being Laws 1968, Chapter 62, Section 159, as amended) is amended to read:

"66-8-119. PENALTY ASSESSMENT REVENUE--DISPOSITION.--

A. The division shall remit all penalty assessment receipts, except receipts collected pursuant to Subsections A through F of Section 66-8-116.3 NMSA 1978, to the state treasurer for credit to the general fund.

B. The division shall remit all penalty assessment fee receipts collected pursuant to:

(1) Subsection A of Section 66-8-116.3 NMSA 1978 to the state treasurer for credit to the local government corrections fund;

(2) Subsection B of Section 66-8-116.3 NMSA 1978 to the state treasurer for credit to the court automation fund;

(3) Subsection C of Section 66-8-116.3 NMSA 1978 to the state treasurer for credit to the traffic safety education and enforcement fund;

(4) Subsection D of Section 66-8-116.3 NMSA 1978 to the state treasurer for credit to the judicial education fund;

(5) Subsection E of Section 66-8-116.3 NMSA 1978 to the state treasurer for credit to the brain injury services fund; [and]

(6) Subsection F of Section 66-8-116.3 NMSA 1978 to the state treasurer for credit to the court facilities fund; and

(7) Subsection G of Section 66-8-116.3 NMSA 1978 to the state treasurer for credit to the municipality issuing the citation."

Section 22. Section 66-8-123 NMSA 1978 (being Laws 1978, Chapter 35, Section 531, as amended) is amended to read:

"66-8-123. CONDUCT OF ARRESTING OFFICER--NOTICES BY CITATION.--

A. Except as provided in Section 66-8-122 NMSA 1978, unless a penalty assessment or warning notice is given, whenever a person is arrested for any violation of the Motor Vehicle Code or other law relating to motor vehicles [punishable as a misdemeanor], the arresting officer, using the uniform traffic citation, shall complete the information section and prepare a notice to appear in court, specifying the time and place to appear, have the arrested person sign the agreement to appear as specified, give a copy of the citation to the arrested person and release him from custody.

B. Whenever a person is arrested for violation of a penalty assessment [misdemeanor] violation and elects to pay the penalty assessment, the arresting officer, using the uniform traffic citation, shall complete the information section and prepare the penalty assessment notice indicating the amount of the penalty assessment, have the arrested person sign the agreement to pay the amount prescribed, give a copy of the citation along with a business reply envelope addressed to the motor vehicle division, Santa Fe to the arrested person and release him from custody. No officer shall accept custody or payment of any penalty assessment. If the arrested person declines to accept a penalty assessment notice, the officer shall issue a notice to appear.

C. The arresting officer may issue a warning notice, but shall fill in the information section of the uniform traffic citation and give a copy to the arrested person after requiring his signature on the warning notice as an acknowledgment of receipt. No warning notice issued under this section shall be used as evidence of conviction for purposes of suspension or revocation of license under Section 66-5-30 NMSA 1978.

D. In order to secure his release, the arrested person must give his written promise to appear in court or to pay the penalty assessment prescribed or acknowledge receipt of a warning notice.

E. Any officer violating this section is guilty of a misconduct in office and is subject to removal.

F. A law enforcement officer who arrests a person without a warrant for a misdemeanor violation of the Motor Carrier Act, the Criminal Code, the Liquor Control Act or other New Mexico law may use the uniform traffic citation, issued pursuant to procedures outlined in Subsections B through E of Section 31-1-6 NMSA 1978 [Subsections B through E] in lieu of taking him to jail."

Section 23. Section 66-8-126 NMSA 1978 (being Laws 1978, Chapter 35, Section 534) is amended to read:

"66-8-126. FAILURE TO OBEY NOTICE TO APPEAR.--

A. It is [a misdemeanor] unlawful for any person to violate his written promise to appear in court given to an officer upon issuance of a uniform traffic citation regardless of the disposition of the charge for which the citation was issued.

B. A written promise to appear in court may be complied with by appearance of counsel."

Section 24. Section 66-8-130 NMSA 1978 (being Laws 1978, Chapter 35, Section 538, as amended) is amended to read:

"66-8-130. ALL TRAFFIC CITATIONS TO CONFORM--MUNICIPALITIES MAY PASS ORDINANCE TO ESTABLISH SIMILAR PROGRAM.--

A. The uniform traffic citation shall be used by all state and local agencies enforcing laws and ordinances relating to motor vehicles. Any municipality may, by passage of an ordinance, establish a municipal penalty assessment program similar to that established in Sections 66-8-116 through 66-8-117 NMSA 1978 for violations of provisions of the Motor Vehicle Code. Every municipality that has adopted an ordinance to establish a penalty assessment program shall assess on all penalty assessment [misdemeanors] violations after January 1, 1984, in addition to the penalty assessment, a penalty assessment fee of ten dollars ($l0.00) to be deposited in a special fund in the municipal treasury for use by the municipality only for municipal jailer training; for the construction planning, construction, operation and maintenance of the municipal jail; for paying the costs of housing that municipality's prisoners in other detention facilities in the state; or for complying with match or contribution requirements for the receipt of federal funds relating to jails. Such a municipal program shall be limited to violations of municipal traffic ordinances.

B. All penalty assessments under a municipal program authorized by this section shall be processed by the municipal court, and all fines and fees collected shall be deposited in the treasury of the municipality. A copy of each penalty assessment processed shall be forwarded to the division within ten days of completion of local processing for posting to the driver's record. With the prior approval of the director, the required information may be submitted to the division by electronic means in lieu of forwarding copies of the penalty assessments.

C. Each agency shall provide itself with copies conforming exactly in size and format with the uniform traffic citation prescribed by the director, and any alterations to conform with local conditions must be approved by the director."

Section 25. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2004.