SB0048

SENATE BILL 48

56th legislature - STATE OF NEW MEXICO - first session, 2023

INTRODUCED BY

Peter Wirth and Reena Szczepanski

AN ACT

RELATING TO MOTOR VEHICLES; ENACTING A NEW SECTION OF THE MOTOR VEHICLE CODE TO AUTHORIZE CLASS A COUNTIES OR MUNICIPALITIES WITHIN CLASS A COUNTIES TO ENACT ORDINANCES ESTABLISHING MANDATORY VEHICLE INSPECTIONS FOR VEHICLE NOISE OR SAFETY MAINTENANCE; AMENDING SECTION 66-3-7 NMSA 1978 (BEING LAWS 1978, CHAPTER 35, SECTION 27, AS AMENDED) TO INCLUDE THE FAILURE TO PROVIDE PROOF OF RECEIVING A MANDATORY VEHICLE INSPECTION FOR VEHICLE NOISE OR SAFETY MAINTENANCE AS GROUNDS FOR REFUSING, SUSPENDING OR REVOKING VEHICLE REGISTRATION, ISSUANCE OF CERTIFICATE OF TITLE OR A TRANSFER OF REGISTRATION; PROVIDING A PENALTY.

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

SECTION 1. Section 66-3-7 NMSA 1978 (being Laws 1978, Chapter 35, Section 27, as amended) is amended to read:

"66-3-7. GROUNDS FOR REFUSING, SUSPENDING OR REVOKING REGISTRATION OR CERTIFICATE OF TITLE.--The division may refuse, suspend or revoke registration or issuance of a certificate of title or a transfer of registration upon the [ground] grounds that:

A. the application contains a false or fraudulent statement or that the applicant failed to furnish the required information or reasonable additional information requested by the division or that the applicant is not entitled to the issuance of a certificate of title or registration of the vehicle under the Motor Vehicle Code;

B. the vehicle is mechanically unfit or unsafe to be operated or moved upon the highways;

C. a commercial motor vehicle is operated by a commercial motor carrier that is prohibited from operating the vehicle by order of a state or federal agency;

D. the division has [a] reasonable [ground] grounds to believe that the vehicle is a stolen or embezzled vehicle or that the granting of registration or the issuance of a certificate of title would constitute a fraud against the rightful owner or other person having valid lien upon the vehicle;

E. the registration of the vehicle stands suspended or revoked for any reason as provided in the motor vehicle laws of this state;

F. the required fee has not been paid;

G. the motor vehicle excise tax has not been paid;

H. the weight distance tax has not been paid;

I. international fuel tax agreement taxes have not been paid;

J. if the vehicle is a mobile home, the property tax has not been paid;

K. the owner's address, as shown in the records of the division, is within a class A county or within a municipality that has a vehicle emission inspection and maintenance program and the applicant has applied at an office outside the designated county or municipality; [or]

L. the owner is required to but has failed to provide proof of compliance with a vehicle emission inspection and maintenance program, if required in the county or municipality in which the owner resides; or

M. the owner is required to but has failed to provide proof of compliance with a vehicle inspection program for vehicle noise or safety maintenance, if required in the county or municipality in which the owner resides."

SECTION 2. A new Section 66-3-7.2 NMSA 1978 is enacted to read:

"66-3-7.2. [NEW MATERIAL] ADOPTION OF A VEHICLE NOISE OR SAFETY MAINTENANCE INSPECTION ORDINANCE--PROOF OF INSPECTION REQUIRED FOR REGISTRATION--PENALTY.--

A. A class A county or a municipality within a class A county may establish a mandatory vehicle safety maintenance or vehicle noise inspection ordinance. The ordinance may exempt or exclude certain categories or classifications of vehicles and may exempt or exclude a vehicle because of age or type of vehicle.

B. The division shall not register a vehicle owned by a resident of a class A county or a municipality within a class A county with a mandatory vehicle safety maintenance or vehicle noise inspection ordinance unless proof of the required vehicle inspection or exemption from the requirement is presented, unless the ordinance of the municipality or county specifically excludes enforcement by the division.

C. A county or municipality that enacts an ordinance pursuant to Subsection A of this section shall inform the director of the division about the ordinance and its requirements and exemptions within thirty days of its passage.

D. It is a penalty assessment misdemeanor pursuant to Section 66-8-116 NMSA 1978 for any person to register a vehicle in a county or municipality that does not conduct a vehicle noise or safety maintenance program if the registered owner of that vehicle resides in a county or municipality conducting a vehicle noise or safety maintenance inspection program and the person registering the vehicle does so for the purpose of evading a vehicle noise or safety maintenance inspection program.

E. As used in this section, "safety maintenance" means maintenance of windshields, mirrors, registration plates or other vehicle parts required to meet certain safety standards established by ordinance."

SECTION 3. 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

Improper location of

registration to

avoid inspection 66-3-7.2 50.00

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

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

66-7-34025.00

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 66-3-85150.00

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.

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 4. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2023.