44th legislature - STATE OF NEW MEXICO - first session, 1999

RELATING TO MOTOR VEHICLES; INCREASING FINES FOR CERTAIN TRAFFIC OFFENSES COMMITTED IN A CONSTRUCTION ZONE LOCATED ON AN INTERSTATE HIGHWAY OR ON A STATE HIGHWAY; AMENDING SECTIONS OF THE MOTOR VEHICLE CODE.

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

Section 1. Section 66-8-113 NMSA 1978 (being Laws 1978, Chapter 35, Section 521, as amended) is amended to read:

"66-8-113. RECKLESS DRIVING.--

A. Any person who drives any vehicle carelessly and heedlessly in willful or wanton disregard of the rights or safety of others and without due caution and circumspection and at a speed or in a manner so as to endanger or be likely to endanger any person or property is guilty of reckless driving.

B. Every person convicted of reckless driving shall be punished notwithstanding the provisions of Section 31-18-13 NMSA 1978 upon a first conviction by imprisonment for not [less than five days nor] more than ninety days or by a fine of not [less than twenty-five dollars ($25.00) nor more than one hundred dollars ($100)] more than three hundred dollars ($300), or both and on a second or subsequent conviction by imprisonment for not [less than ten days nor] more than six months or by a fine of not [less than fifty dollars ($50.00) nor] more than one thousand dollars ($1,000), or both.

[C. Upon conviction of violation of this section, the director may suspend the license or permit to drive and any nonresident operating privilege for not to exceed ninety days.]

C. The fine imposed upon a conviction for a violation of this section shall be doubled when the offense of reckless driving occurs in a construction zone located on an interstate highway or on a state highway.

D. 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also be placed at the end of a double-fine construction zone to alert drivers that the double-fine construction zone is no longer in effect."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. 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 and upon a first conviction shall be punished by imprisonment for not more than ninety days or by a fine of not more than one hundred fifty dollars ($150), or both, and on a second or subsequent conviction by imprisonment for not more than ninety days or by a fine of not more than five hundred dollars ($500), or both.

C. The fine imposed upon a conviction for a violation of this section shall be doubled when the offense of careless driving occurs in a construction zone located on an interstate highway or on a state highway.

D. 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 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, "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 fines for the offenses of speeding, as provided in Section 66-7-301 NMSA 1978, and following too closely, as provided in Section 66-7-318 NMSA 1978, 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 4. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 1999.