44TH LEGISLATURE - STATE OF NEW MEXICO - FIRST SESSION, 1999
RELATING TO MOTOR VEHICLES; INCREASING PENALTIES FOR TRAFFIC OFFENSES COMMITTED IN A CONSTRUCTION ZONE LOCATED ON AN INTERSTATE HIGHWAY OR ON A STATE HIGHWAY; AMENDING A SECTION OF THE MOTOR VEHICLE CODE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. 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 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 speed limit 15.00
(2) from eleven up to
and including fifteen
miles an hour
over speed limit 30.00
(3) from sixteen up to
and including twenty
miles an hour over
speed limit 65.00
(4) from twenty-one up to
and including twenty-five
miles an hour
over 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
Litterbugging 30-8-4 50.00
Litterbugging 30-8-10 100.00
Litterbugging 66-7-364 100.00
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" does not include any violation that has caused or contributed to the cause of an accident resulting in injury or death to any 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, no fine imposed upon later conviction shall 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.
D. The penalty assessments for the offenses listed is Subsection A of this section shall be doubled when the offense occurs in a construction zone located on an interstate highway or on a state highway. The number of points assessed against a driver for the purpose of suspending his driver's license shall be doubled when the offense occurs in a construction zone located on an interstate highway or on a state highway.
E. The state highway and transportation department shall designate double-fine construction zones by placing appropriate signs at least one thousand feet before the beginning of a double-fine construction zone. Appropriate signs shall also be placed at the end of a double-fine construction zone to alert drivers that the double-fine construction zone is no longer in effect."
Section 2. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 1999.