CHAPTER 71
CHAPTER 71, LAWS 2002
AN ACT
RELATING TO MOTOR VEHICLES; INCREASING THE PENALTY ASSESSMENT FOR SPEEDING IN A CONSTRUCTION OR OTHER SAFETY ZONE; EXCLUDING CERTAIN SPEEDING CONVICTIONS FROM CONSIDERATION IN ANY POINT SYSTEM USED TO DETERMINE WHETHER DRIVING PRIVILEGES SHOULD BE SUSPENDED OR REVOKED; AMENDING AND ENACTING SECTIONS OF THE NMSA 1978.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. Section 66-7-301 NMSA 1978 (being Laws 1978, Chapter 35, Section 405, as amended) is amended to read:
"66-7-301. SPEED REGULATION.--
A. No person shall drive a vehicle on a highway at a speed greater than:
(1) fifteen miles per hour on all highways when passing a school while children are going to or leaving school and when the school zone is properly posted;
(2) thirty miles per hour in a business or residence district;
(3) seventy-five miles per hour; and
(4) the posted speed limit in construction zones posted as double fine zones or other safety zones posted as double fine zones as designated by the highway and transportation department, provided that the posted speed limit shall be determined by an engineering study performed by the state highway and transportation department.
B. In every event, speed shall be so controlled by the driver as may be necessary:
(1) to avoid colliding with a person, vehicle or other conveyance on or entering the highway;
(2) to comply with legal requirements as may be established by the state highway and transportation department or the New Mexico state police division of the department of public safety and the duty of all persons to use due care; and
(3) to protect workers in construction zones posted as double fine zones or other safety zones posted as double fine zones as designated by the highway and transportation department.
C. The speed limits set forth in Subsection A of this section may be altered as authorized in Section 66-7-303 NMSA 1978."
Section 2. 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 D 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 belt66-7-372 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
Littering 66-7-364 300.00
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 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, 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 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."
Section 3. A new section of the Motor Vehicle Code is enacted to read:
"CERTAIN SPEEDING CONVICTIONS TO BE DISREGARDED IN THE DEVELOPMENT OR APPLICATION OF A POINT SYSTEM.--
A. Except as provided in Subsection B of this section, in developing and applying a point system that is used as a basis for suspension or revocation of driving privileges, the division shall not assign points for convictions for speeding on rural highways of the state. As used in this section, "rural highway" means that part of a highway that is located at least two miles outside of the boundaries of an incorporated city, town or village. The two-mile distance shall be measured:
(1) from the point where the highway crosses the boundary, and if there is more than one such intersection, from the intersection most distant from the geographic center of the city, town or village; or
(2) if there are milepost markers on the highway, to the first milepost marker indicating two or more miles.
B. The provisions of this section do not apply to:
(1) rural highways in Bernalillo county;
(2) a conviction for speeding if the citation out of which the conviction arises indicated that excessive speed of the motorist cited was a factor in the accident; or
(3) motor vehicles weighing twelve thousand pounds or more."
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HOUSE BILL 95, AS AMENDED