HOUSE BILL 290

49th legislature - STATE OF NEW MEXICO - first session, 2009

INTRODUCED BY

Rick Miera

AN ACT

RELATING TO MOTOR VEHICLES; PROVIDING PENALTIES FOR FAILURE TO YIELD THE RIGHT OF WAY.

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

     Section 1. Section 66-1-4.7 NMSA 1978 (being Laws 1990, Chapter 120, Section 8, as amended) is amended to read:

     "66-1-4.7. DEFINITIONS.--As used in the Motor Vehicle Code:

          A. "great bodily harm" means an injury to a person that creates a high probability of death, causes serious disfigurement or results in permanent or protracted loss or impairment of the function of any member or organ of the body;

          [A.] B. "gross combination vehicle weight" means the total of the gross vehicle weights of all units of a combination;

          [B.] C. "gross combination weight rating" means the value specified by the manufacturer as the loaded weight of a combination; however, in the absence of a value specified by the manufacturer, the gross combination weight rating shall be determined by adding the gross vehicle weight rating of the power unit and the total weight of the towed unit or units and the load on those units;

          [C.] D. "gross factory shipping weight" means the weight indicated on the manufacturer's certificate of origin;

          [D.] E. "gross vehicle weight" means the weight of a loaded vehicle; and

          [E.] F. "gross vehicle weight rating" means the value specified by the manufacturer as the loaded weight of a single vehicle."

     Section 2. A new section of the Motor Vehicle Code is enacted to read:

     "[NEW MATERIAL] FAILURE TO YIELD THE RIGHT OF WAY-- PENALTIES.--

          A. In addition to other penalties imposed for failure to yield the right of way, a person convicted of failure to yield the right of way causing no great bodily harm or death may be punished by a fine of two hundred dollars ($200) or a thirty-day suspension of the person's New Mexico driver's license, commercial driver's license or nonresident operating privilege, or both.

          B. In addition to other penalties imposed for failure to yield the right of way, a person convicted of failure to yield the right of way causing great bodily harm may be punished by a fine of five hundred dollars ($500) or a thirty-day suspension of the person's New Mexico driver's license, commercial driver's license or nonresident operating privilege, or both.

          C. In addition to other penalties imposed for failure to yield the right of way, a person convicted of failure to yield the right of way causing death may be punished by a fine of one thousand dollars ($1,000) or a six-month suspension of the person's New Mexico driver's license, commercial driver's license or nonresident operating privilege, or both."

     Section 3. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2009.

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