SENATE BILL 496
48th legislature - STATE OF NEW MEXICO - first session, 2007
INTRODUCED BY
Phil A. Griego
AN ACT
RELATING TO MOTOR VEHICLES; ALLOWING DETENTION OF VEHICLES FOR FAILURE TO PAY WEIGHT DISTANCE TAX; PROVIDING INCREASED PENALTIES FOR VIOLATIONS OF WEIGHT LIMITATIONS AND FOR FAILURE TO STOP AT EVERY PORT OF ENTRY AND TO CARRY A TAX IDENTIFICATION PERMIT OR A PERMIT FOR EXCESSIVE SIZE OR WEIGHT; INCREASING THE LENGTH LIMITATION FOR BUSES OPERATING ON NATIONAL NETWORK HIGHWAYS AND COMBINATION VEHICLES OR SADDLE-MOUNT VEHICLES THAT ARE SPECIALIZED EQUIPMENT; RESTRICTING APPLICATION OF MAXIMUM DRIVING AND ON-DUTY TIME VIOLATION PENALTIES TO A PASSENGER CARRIER TRANSPORTATION; ELIMINATING FEES FOR CERTAIN POLICE ESCORTS; PROVIDING ADDITIONAL MAXIMUM DRIVING AND ON-DUTY TIME PENALTIES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. Section 65-1-26 NMSA 1978 (being Laws 1967, Chapter 97, Section 16, as amended) is amended to read:
"65-1-26. DOCUMENTS--REQUIRED IN EACH COMMERCIAL MOTOR CARRIER VEHICLE--DETENTION OF VEHICLES.--
A. [Every] A commercial motor carrier vehicle operated on [any] a New Mexico public highway by a motor carrier required to be registered with the department shall have in it at all times:
(1) proof of payment of the trip tax; or
(2) both evidence of registration and a tax identification [card] permit issued by the department.
B. The driver of the vehicle [must] shall be able to display either proof of payment of the trip tax or both the evidence of registration and the tax identification [card] permit upon request by any law enforcement officer or any employee of the department.
C. Upon failure of the driver to display either proof of payment of the trip tax or evidence of registration, it shall be presumed that the vehicle is subject to registration under the laws of New Mexico unless it can be demonstrated that the vehicle is exempt from registration requirements of the Motor Vehicle Code. A vehicle presumed subject to registration may be detained until registration, including payment of all required fees, is completed.
D. Upon failure of the driver to display either proof of payment of the trip tax or a tax identification [card] permit issued by the department, the trip tax shall be presumed
due. A vehicle presumed subject to the trip tax may be detained until the trip tax is paid.
E. A commercial motor carrier vehicle subject to and not in compliance with the weight distance requirements of the Weight Distance Tax Act may be detained until the tax is paid. A nonfiler or zero-filer status or an inactive weight distance account is proof of failure to pay the weight distance tax."
Section 2. Section 65-1-36 NMSA 1978 (being Laws 1978, Chapter 16, Section 1, as amended) is amended to read:
"65-1-36. PENALTY FOR VIOLATIONS OF ACT.--
A. Violation of Section [65-1-12 or] 65-5-1, 65-5-2 or 66-3-1.1 NMSA 1978 is a misdemeanor punishable by a fine of not less than one hundred dollars ($100) or more than five hundred dollars ($500) or imprisonment not exceeding ninety days or by both the fine and imprisonment.
B. Violation of any section of the Motor Transportation Act other than a violation of Section [65-1-12] 65-1-26, 65-1-36.1 [or], 66-5-1, 65-5-2 or 66-3-1.1 NMSA 1978 or of the Motor Carrier Safety Act is a misdemeanor punishable by a fine of not more than one hundred dollars ($100) or by imprisonment not exceeding thirty days or by both the fine and imprisonment or is subject to the penalty assessment and fee provisions pursuant to Sections 66-8-116 through 66-8-116.3 NMSA 1978.
C. The payment of a fine under the provisions of any act under the jurisdiction of the department pursuant to the Motor Transportation Act shall not relieve the offender from the payment of any fees or taxes or from any other of the provisions of the Motor Transportation Act.
D. The department may [also], for the proper enforcement of the duties imposed upon the department pursuant to the Motor Transportation Act, detain any motor vehicle whose operator or owner is in violation of any law the department is empowered under the Motor Transportation Act to administer or enforce."
Section 3. Section 65-5-2 NMSA 1978 (being Laws 1943, Chapter 125, Section 9, as amended) is amended to read:
"65-5-2. PROOF OF COMPLIANCE--SCHEDULE OF PENALTIES.--Except as otherwise provided in this section, [no] a commercial motor carrier vehicle having a gross vehicle weight or combination gross vehicle weight of over twenty-six thousand pounds shall not travel on New Mexico highways without either proof that the trip tax has been paid for the movement of the vehicle or both evidence of registration and a tax identification [card] permit issued by the department, unless that vehicle is exempt from the weight distance tax. The department may, by regulation, exempt portions of a highway from the requirements of this section if those portions are prior to reaching a port of entry where the trip tax may be paid."
Section 4. Section 66-3-1.1 NMSA 1978 (being Laws 1978, Chapter 18, Section 1, as amended) is amended to read:
"66-3-1.1. MOTOR CARRIERS REQUIRED TO REGISTER WITH THE DEPARTMENT.--
A. All motor carriers desiring and eligible for annual registration provisions relating to proportional registration or full reciprocity shall register their vehicles with the department. The department shall register all motor carriers who satisfy all New Mexico requirements relating to motor carriers, but [after September 30, 1984] may refuse to register any vehicle subject to the federal heavy vehicle use tax imposed by Section 4481 of the United States Internal Revenue Code of 1986 without proof of payment of such tax in the form prescribed by the secretary of the treasury of the United States. Registration of motor carrier vehicles with the department shall remain in force during the calendar registration year as specified in Section 65-1-13 or 66-3-2.1 NMSA 1978 unless suspended or canceled by the department for noncompliance with any New Mexico motor vehicle or motor carrier requirements.
B. In addition to the provisions of Subsection A of this section, motor carriers operating vehicles subject to the weight distance tax pursuant to the Weight Distance Tax Act or vehicles subject to special fuel user permit requirements pursuant to the Special Fuels Supplier Tax Act shall apply for a tax identification [card] permit."
Section 5. Section 66-3-3.1 NMSA 1978 (being Laws 1992, Chapter 106, Section 7, as amended) is amended to read:
"66-3-3.1. TAX IDENTIFICATION [CARD] PERMIT.--The department shall implement a system for identifying motor carriers subject to the weight distance tax and special fuel user permit requirements, including an identifying number for each motor carrier covered by the system. Annually, the department shall issue one or more original tax identification [cards] permits sufficient for the number of vehicles specified by each motor carrier who applies for a tax identification [card] permit; provided that the motor carrier continues to be subject to and in compliance with the weight distance tax and special fuel user permit requirements. The tax identification [card] permit shall contain the department's identifying number for the motor carrier and other information that the department deems necessary."
Section 6. Section 66-7-207 NMSA 1978 (being Laws 1978, Chapter 35, Section 396, as amended) is amended to read:
"66-7-207. WRITTEN REPORTS OF ACCIDENTS.--
A. The driver of a vehicle involved in an accident resulting in bodily injury to or death of any person or total property damage to an apparent extent of five hundred dollars ($500) or more shall, within five days after the accident, forward a written report of the accident to the [state highway and] department of transportation [department].
B. The [state highway and] department of transportation [department] may require any driver of a vehicle involved in an accident of which report must be made as provided in this section to file supplemental reports whenever the original report is insufficient in the opinion of the [state highway and] department of transportation [department] and may require witnesses of accidents to render reports concerning the accidents to the [state highway and] department of transportation [department].
C. Every law enforcement officer who, in the regular course of duty, investigates a motor vehicle accident of which report must be made as required in this section, either at the time of and at the scene of the accident or thereafter by interviewing participants or witnesses, shall, within twenty-four hours after completing the investigation, forward a written report of the accident to the [state highway and] department of transportation [department]. A law enforcement officer shall also, within twenty-four hours after completing the investigation, forward the written report of the accident to the motor transportation division of the department of public safety if the accident involves a commercial motor vehicle and results in:
(1) bodily injury to any person and the person is transported to a medical facility for immediate medical attention;
(2) the death of any person; or
(3) any vehicle involved in the accident being towed from the scene due to disabling damage caused by the accident."
Section 7. Section 66-7-314 NMSA 1978 (being Laws 1978, Chapter 35, Section 418, as amended) is amended to read:
"66-7-314. MOVEMENT OF HAZARDOUS VEHICLE--ESCORT [TO] MAY BE [FURNISHED] REQUIRED.--[A.] When, in the judgment of the motor transportation division of the department of public safety or local authorities with respect to highways under their jurisdiction, the movement of any vehicle is deemed a hazard to traffic upon a highway over which the vehicle is to travel, the granting of permission for the movement of the vehicle may be conditioned upon a special escort accompanying the hazardous vehicle.
[B. The chief of the New Mexico state police, upon request from the proper authority, shall furnish a special police car escort to safeguard traffic during the movement of the hazardous vehicle. There shall be paid by the applicant, to move such vehicle, the sum of three hundred dollars ($300) for each police car for each day police escort is required. All sums so paid are appropriated to the New Mexico state police division.]"
Section 8. Section 66-7-404 NMSA 1978 (being Laws 1978, Chapter 35, Section 475, as amended) is amended to read:
"66-7-404. HEIGHT AND LENGTH OF VEHICLES AND LOADS.--
A. [No] A vehicle shall not exceed a height of fourteen feet.
B. [No] A vehicle shall not exceed a length of forty feet extreme overall dimension and no motor home shall exceed a length of forty-five feet extreme overall dimension, exclusive of front and rear bumpers, except when operated in combination with another vehicle as provided in this section. [No] A bus may exceed a length of forty-five feet when operating on national network highways. A combination of vehicles, unless otherwise exempted in this section, shall not exceed an overall length of sixty-five feet, exclusive of front and rear bumpers.
C. [No] A combination of vehicles coupled together shall not consist of more than two units, except:
(1) a truck tractor and semitrailer shall be permitted to pull one trailer;
(2) a vehicle shall be permitted to pull two units, provided that the middle unit is equipped with brakes and has a weight equal to or greater than the last unit and the total combined gross weight of the towed units does not exceed the manufacturer's stated gross weight of the towing units;
(3) a double or triple saddle-mount or fifth wheel mount of vehicles in transit by driveaway-towaway methods shall be permitted;
(4) vehicles and trailers operated by or under contract for municipal refuse systems;
(5) farm trailers, implements of husbandry and fertilizer trailers operated by or under contract to a farmer or rancher in [his] farming or ranching operations; and
(6) as provided in Subsections D [and E] through G of this section.
D. Exclusive of safety and energy conservation devices, refrigeration units and other devices such as coupling devices, vehicles operating a truck tractor semitrailer or truck tractor semitrailer-trailer combinations on the interstate highway system and those qualifying federal aid primary system highways designated by the secretary of the United States department of transportation, pursuant to the [United States] federal Surface Transportation Assistance Act of 1982, Public Law 97-424, Section 411, and on those highways designated by the department by rule or regulation with the concurrence of the [state highway and transportation] New Mexico department of transportation may exceed an overall length limitation of sixty-five feet, provided that the length of the semitrailer in a truck tractor semitrailer combination does not exceed fifty-seven feet six inches and the length of the semitrailer or trailer in a truck tractor semitrailer-trailer combination does not exceed twenty-eight feet six inches. The department of public safety shall adopt rules and regulations granting reasonable access to terminals, facilities for food, fuel, repairs and rest and points of loading and unloading for household goods carriers to vehicles operating in combination pursuant to this subsection. As used in this subsection, "truck tractor" means a non-cargo carrying power unit designed to operate in combination with a semitrailer or trailer, except that a truck tractor and semitrailer engaged in the transportation of automobiles may transport motor vehicles on part of the truck tractor.
E. The following combination vehicles are specialized equipment and may exceed an overall length of sixty-five feet pursuant to the Code of Federal Regulations, Title 23, Section 658.13:
(1) automobile transporters;
(2) boat transporters;
(3) beverage semitrailers; and
(4) munitions carriers using dromedary equipment.
F. A saddle-mount vehicle is specialized equipment and may not exceed an overall length of ninety-seven feet pursuant to the Code of Federal Regulations, Title 23, Section 658.13.
[E.] G. Notwithstanding any other subsection of this section, [any] a trailer or semitrailer combination of such dimensions as those that were in actual and lawful use in this state on December 1, 1982 may be lawfully operated on the highways of this state."
Section 9. Section 66-7-410 NMSA 1978 (being Laws 1978, Chapter 35, Section 481) is amended to read:
"66-7-410. GROSS WEIGHT OF VEHICLES AND LOADS.--
A. Subject to the limit upon the weight imposed upon the highway through any one axle as set forth in Section
[64-7-409 NMSA 1953] 66-7-409 NMSA 1978 and except as provided in Subsection D of this section, the total gross weight with load imposed upon the highway by any one group of two or more consecutive axles of a vehicle or combination of vehicles shall not exceed the gross weight given for the respective distance between the first and last axle of the group of axles measured longitudinally to the nearest foot as set forth in the following table:
Distance in feet between first Allowed load in pounds
and last axles of group on group of axles
4 34,320
5 35,100
6 35,880
7 36,660
8 37,440
9 38,220
10 39,000
11 39,780
12 40,560
13 41,340
14 42,120
15 42,900
16 43,680
17 44,460
18 45,240.
B. Except as provided in Subsection D of this section, the total gross weight with load imposed on the highway by any vehicle or combination of vehicles where the distance between the first and last axles is more than eighteen feet shall not exceed that given for the respective distances in the following table:
Distance in feet between first Allowed load in pounds
and last axles of group on group of axles
19 53,100
20 54,000
21 54,900
22 55,800
23 56,700
24 57,600
25 58,500
26 59,400
27 60,300
28 61,200
29 62,100
30 63,000
31 63,900
32 64,800
33 65,700
34 66,600
35 67,500
36 68,400
37 69,300
38 70,200
39 71,100
40 72,000
41 72,900
42 73,800
43 74,700
44 75,600
45 76,500
46 77,400
47 78,300
48 79,200
49 80,100
50 81,000
51 81,900
52 82,800
53 83,700
54 84,600
55 85,500
56 or over 86,400.
C. The distance between the centers of the axles shall be measured to the nearest even foot. When a fraction is exactly one-half, the next larger whole number shall be used.
D. The total gross weight with load limitations imposed by this section for any vehicle or combination of vehicles shall be increased by four hundred pounds if the vehicle or combination of vehicles uses idle reduction technology."
Section 10. Section 66-7-411 NMSA 1978 (being Laws 1978, Chapter 35, Section 482, as amended) is amended to read:
"66-7-411. AUTHORIZED REPRESENTATIVE MAY WEIGH VEHICLES AND REQUIRE REMOVAL OF EXCESS LOADS--GRADUATED PENALTIES.--
A. [Any] A police officer with the motor transportation division or the New Mexico state police division of the department of public safety, having reason to believe that the weight of a vehicle and load is unlawful, may require the driver to stop and submit to weighing of the vehicle and load by means of either portable or stationary scales and may require the vehicle to be driven to the nearest scales approved by the department of public safety if the scales are within five miles.
B. When a police officer with the motor transportation division or the New Mexico state police division of the department of [the] public safety or a transportation inspector, upon weighing a vehicle or combination, determines that the gross vehicle weight or combination gross vehicle weight exceeds the maximum authorized by Sections 66-7-409 and 66-7-410 NMSA 1978, the officer or inspector shall require the driver or owner of the vehicle or combination to unload that portion of the load necessary to decrease the gross vehicle weight or combination gross vehicle weight to the authorized maximum.
C. [Any] A driver of a vehicle who fails or refuses to stop and submit the vehicle and load to weighing or who fails or refuses, when directed by a duly authorized police officer with the motor transportation division or the New Mexico state police division of the department of public safety or a transportation inspector, upon a weighing of the vehicle, to unload the vehicle and otherwise comply with the provisions of this section is guilty of a misdemeanor.
D. [Any] A shipper or [any other] a person loading the vehicle who intentionally overloads a vehicle [which he] that the shipper or person has reason to believe will travel in that condition upon a public highway is guilty of a misdemeanor and shall be fined in accordance with Subsection E of this section.
E. In all cases of violations of weight limitations, the penalties shall be assessed and imposed in accordance with the following schedule:
WEIGHT OF EXCESS
LOAD IN POUNDS AMOUNT OF FINE
1 to 3,000 [twenty-five dollars ($25.00)]
fifty dollars ($50.00)
3,001 to 4,000 [forty dollars ($40.00)]
eighty dollars ($80.00)
4,001 to 5,000 [seventy-five dollars ($75.00)]
one hundred fifty dollars ($150)
5,001 to 6,000 [one hundred twenty-five dollars ($125)]
two hundred fifty dollars ($250)
6,001 to 7,000 [two hundred dollars ($200)]
four hundred dollars ($400)
7,001 to 8,000 [two hundred seventy-five dollars ($275)]
five hundred fifty dollars ($550)
8,001 to 9,000 [three hundred fifty dollars ($350)]
seven hundred dollars ($700)
9,001 to 10,000 [four hundred twenty-five dollars ($425)]
eight hundred fifty dollars ($850)
over 10,000 [five hundred dollars ($500)]
one thousand dollars ($1,000)."
Section 11. Section 66-7-413 NMSA 1978 (being Laws 1978, Chapter 35, Section 484, as amended) is amended to read:
"66-7-413. PERMITS FOR EXCESSIVE SIZE AND WEIGHT--SPECIAL NOTIFICATION REQUIRED ON MOVEMENT OF MANUFACTURED HOMES.--
A. The department of public safety and local highway authorities may, in their discretion, upon application in writing and good cause being shown, issue a special permit in writing authorizing the applicant to operate or move a vehicle or load of a size or weight exceeding the maximum specified in Sections 66-7-401 through 66-7-416 NMSA 1978 on a highway under the jurisdiction of the state transportation commission or local authorities. Except for the movement of manufactured homes, a permit may be granted, in cases of emergency, for the transportation of loads on a certain unit or combination of equipment for a specified period of time not to exceed one year, and the permit shall contain the route to be traversed, the type of load to be transported and any other restrictions or conditions deemed necessary by the body granting the permit. In every other case, the permit shall be issued for a single trip and may designate the route to be traversed and contain any other restrictions or conditions deemed necessary by the body granting the permit. Every permit shall be carried in the vehicle to which it refers and shall be opened for inspection to any peace officer. It is a misdemeanor for a person to violate a condition or term of the special permit.
[B. The department of public safety shall charge and collect, when the movement consists of a load of a width of twenty feet or greater for a distance of five miles or more, the sum of three hundred dollars ($300) a day or fraction thereof to defray the cost of state or local police escort. The permit issued and the fee charged shall be based upon the entire movement at one time requiring police escort and not upon the number of vehicles involved.
C.] B. The department of public safety shall promulgate rules in accordance with the State Rules Act pertaining to safety practices, liability insurance and equipment for escort vehicles provided by the motor carrier and for escort vehicles provided by a private business in this state.
(1) The department of public safety shall provide the escort personnel with a copy of applicable rules and shall inspect the escort vehicles for the safety equipment required by the rules. If the escort vehicles and personnel meet the requirements set forth in the rules, the department of public safety shall issue the special permit.
(2) The movement of vehicles upon the highways of this state requiring a special permit and required to use an escort of the type noted in Paragraph (1) of this subsection is subject to department of public safety authority and inspection at all times.
(3) The department of transportation shall conduct engineering investigations and engineering inspections to determine which four-lane highways are safe for the operation or movement of manufactured homes without an escort. After making that determination, the department of transportation shall hold public hearings in the area of the state affected by the determination, after which it may adopt rules designating those four-lane highways as being safe for the operation or movement of manufactured homes without an escort. If a portion of such a four-lane highway lies within the boundaries of a municipality, the department of transportation, after obtaining the approval of the municipal governing body, shall include such portions in its rules.
[D.] C. Except for the movement of manufactured homes, special permits may be issued for a single vehicle or combination of vehicles by the department of public safety for a period not to exceed one year for a fee of two hundred fifty dollars ($250). The special permits may allow excessive height, length and width for a vehicle or combination of vehicles or load thereon and may include a provision for excessive weight if the weight of the vehicle or combination of vehicles is not greater than one hundred forty thousand pounds. Utility service vehicles, operating with special permits pursuant to this subsection, shall be exempt from prohibitions or restrictions relating to hours or days of operation or restrictions on movement because of poor weather conditions.
[E.] D. Special permits for a single trip for a vehicle or combination of vehicles or load thereon of excessive weight, width, length and height may be issued by the department of public safety for a single vehicle for a fee of twenty-five dollars ($25.00) plus the product of two and one-half cents ($.025) for each two thousand pounds in excess of eighty-six thousand four hundred pounds or major fraction thereof multiplied by the number of miles to be traveled by the vehicle or combination of vehicles on the highways of this state.
[F.] E. If a vehicle for which a permit is issued pursuant to this section is a manufactured home, the department of public safety or local highway authority issuing the permit shall furnish the following information to the property tax division of the taxation and revenue department, which shall forward the information:
(1) to the county assessor of a county from which a manufactured home is being moved, the date the permit was issued, the location being moved from, the location being moved to if within the same county, the name of the owner of the manufactured home and the identification and registration numbers of the manufactured home;
(2) to the county assessor of any county in this state to which a manufactured home is being moved, the date the permit was issued, the location being moved from, the location being moved to, the name of the owner of the manufactured home and the registration and identification numbers of the manufactured home; and
(3) to the owner of a manufactured home having a destination in this state, notification that the information required in Paragraphs (1) and (2) of this subsection is being given to the respective county assessors and that manufactured homes are subject to property taxation.
[G.] F. Except as provided in Subsection [H] G of this section, if the movement of a manufactured home originates in this state, a permit shall not be issued pursuant to Subsection [F] E of this section until the owner of the manufactured home or the authorized agent of the owner obtains and presents to the department of public safety proof that a certificate has been issued by the county assessor or treasurer of the county in which the manufactured home movement originates showing that either:
(1) all property taxes due or to become due on the manufactured home for the current tax year or any past tax years have been paid, except for manufactured homes located on an Indian reservation; or
(2) liability for property taxes on the manufactured home does not exist for the current tax year or a past tax year, except for manufactured homes located on an Indian reservation.
[H.] G. The movement of a manufactured home from the lot or business location of a manufactured home dealer to its destination designated by an owner-purchaser is not subject to the requirements of Subsection [G] F of this section if the manufactured home movement originates from the lot or business location of the dealer and the manufactured home was part of the dealer's inventory prior to the sale to the owner-purchaser; however, the movement of a manufactured home by a dealer or the dealer's authorized agent as a result of a sale or trade-in from a nondealer-owner is subject to the requirements of Subsection [G] F of this section whether the destination is the business location of a dealer or some other destination.
[I.] H. A permit shall not be issued pursuant to this section for movement of a manufactured home whose width exceeds eighteen feet with no more than a six-inch roof overhang on the left side or twelve inches on the right side in addition to the eighteen-foot width of the manufactured home. Manufactured homes exceeding the limitations of this section shall only be moved on dollies placed on the front and the rear of the structure.
[J.] I. The secretary of public safety may by rule provide for movers of manufactured homes to self-issue permits for certain sizes of manufactured homes over specific routes. The cost of a permit shall not be less than twenty-five dollars ($25.00).
[K.] J. The secretary of public safety may provide by rule for dealers of implements of husbandry to self-issue permits for the movement of certain sizes of implements of husbandry from the lot or business location of the dealer over specific routes with specific escort requirements, if necessary, to a destination designated by an owner-purchaser or for purposes of a working demonstration on the property of a proposed owner-purchaser. The department of public safety shall charge a fee for each self-issued permit not to exceed fifteen dollars ($15.00).
[L.] K. A private motor carrier requesting an oversize or overweight permit shall provide proof of insurance in at least the following amounts:
(1) bodily injury liability, providing:
(a) fifty thousand dollars ($50,000) for each person; and
(b) one hundred thousand dollars ($100,000) for each accident; and
(2) property damage liability, providing twenty-five thousand dollars ($25,000) for each accident.
[M.] L. A motor carrier requesting an oversize permit shall produce a copy of a warrant or a single state registration receipt as evidence that the motor carrier maintains the insurance minimums prescribed by the public regulation commission.
[N.] M. The department of public safety may provide by rule the time periods during which a vehicle or load of a size or weight exceeding the maximum specified in Sections
66-7-401 through 66-7-416 NMSA 1978 may be operated or moved by a motor carrier on a highway under the jurisdiction of the state transportation commission or local authorities.
[O.] N. Revenue from fees for special permits authorizing vehicles and loads of excessive size or weight to operate or move upon a highway under the jurisdiction of the state transportation commission or local authorities shall be collected for the department of transportation and transferred to the state road fund."
Section 12. 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, "penalty assessment misdemeanor" means violation of any of the following listed sections of the NMSA 1978 for which, except as provided in [Subsection] Subsections D and E of this section, the listed penalty assessment is established:
COMMON NAME OF OFFENSE SECTION VIOLATED PENALTY
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 66-7-331 10.00
Failure to yield 66-7-332 50.00
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 66-7-342 and 66-7-344
through 66-7-346 10.00
Railroad-highway grade
crossing violation 66-7-341 and 66-7-343 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 66-3-852 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" 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 (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.
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)."
Section 13. 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--OVERSIZE LOAD.--As used in the Motor Vehicle Code and the Motor Carrier Act, "penalty assessment misdemeanor" 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 ASSESSMENT
Oversize load
1,000 to 3,000 pounds 66-7-411 $[25.00] 50.00
Oversize load
3,001 to 4,000 pounds 66-7-411 [40.00] 80.00
Oversize load
4,001 to 5,000 pounds 66-7-411 [75.00] 150.00
Oversize load
5,001 to 6,000 pounds 66-7-411 [125.00] 250.00
Oversize load
6,001 to 7,000 pounds 66-7-411 [200.00] 400.00
Oversize load
7,001 to 8,000 pounds 66-7-411 [275.00] 550.00
Oversize load
8,001 to 9,000 pounds 66-7-411 [350.00] 700.00
Oversize load
9,001 to 10,000 pounds 66-7-411 [425.00] 850.00
Oversize load
over 10,000 pounds 66-7-411 [500.00] 1,000.00."
Section 14. 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--MOTOR CARRIER ACT.--As used in the Motor Vehicle Code and the Motor Carrier Act, "penalty assessment misdemeanor" 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, except as provided in Subsection E of this section, the listed penalty is established:
A. GENERAL
COMMON NAME OF OFFENSE SECTION VIOLATED PENALTY ASSESSMENT
Failure to register
motor carrier [65-1-12] 66-3-1.1 [$100.00]
$300.00
Failure to carry tax
identification [card] 65-1-26 [50.00]
permit 300.00
Failure to comply with
public regulation
commission rules and
regulations [Section 7 of
the Motor Carrier Act] 65-2A-7 50.00
Failure to
carry single state
registration receipt issued
by a base state [Section 7 of
the Motor Carrier Act] 65-2A-7 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
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
Possession of radar detector
in commercial motor carrier
vehicle 65-3-8 100.00
Possession of alcoholic
beverage in commercial
motor carrier vehicle 65-3-8 200.00
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
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 for
passenger carrier
transportation 65-3-11 100.00
Exceeding the 11-hour
driving rule for property
carrier transportation 65-3-11 100.00
Exceeding the 14-hour on
duty rule for property
carrier transportation 65-3-11 100.00
Exceeding the 15-hour on
duty rule for passenger
carrier transportation 65-3-11 100.00
Exceeding the 60 hours in 7
days on duty rule 65-3-11 100.00
Exceeding the 70 hours in 8
days on duty rule 65-3-11 100.00
False log book 65-3-11 100.00
No log book 65-3-11 100.00
No record for previous
7 days 65-3-11 100.00.
D. HAZARDOUS MATERIALS OUT-OF-SERVICE VIOLATIONS
COMMON NAME OF OFFENSE SECTION VIOLATED PENALTY ASSESSMENT
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.
E. Upon a second conviction for failure to stop at a port of entry or inspection station pursuant to Section
65-5-1 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)."
Section 15. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2007.
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