46th legislature - STATE OF NEW MEXICO - first session, 2003

RELATING TO MOTOR VEHICLES; INCREASING THE FINES FOR PARKING IN A DESIGNATED DISABLED PARKING SPACE; PROVIDING FOR SUSPENSION OR REVOCATION OF SPECIAL REGISTRATION PLATES OR PARKING PLACARDS.

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

Section 1. Section 66-3-16.1 NMSA 1978 (being Laws 1995, Chapter 129, Section 2, as amended) is amended to read:

"66-3-16.1. PROHIBITED ACTS--PENALTIES.--

A. Any person who provides false information in order to acquire, or who assists an unqualified person to acquire, a special registration plate or parking placard as provided in Section 66-3-16 NMSA 1978 is guilty of a misdemeanor and shall be sentenced pursuant to the provisions of Section 31-19-1 NMSA 1978.

B. Any person, other than the person to whom a special registration plate or a parking placard was issued, who in the absence of the holder of the plate or placard, parks in a designated disabled parking space while displaying the plate or placard, is guilty of a misdemeanor and upon conviction shall be sentenced pursuant to the provisions of Section 31-19-1 NMSA 1978.

C. The holder of a special registration plate or parking placard shall not give or lend his plate or placard to another person for use when the holder is not in the motor vehicle. For a first offense pursuant to this subsection, the department shall suspend the holder's privilege to have a special registration place or parking placard for six months. For a second offense, the department shall permanently revoke the holder's privilege to have a special registration plate or parking placard.

[C.] D. A special registration plate or parking placard displayed on a vehicle parked in a designated disabled parking space in the absence of the holder of that plate or placard, is subject to immediate seizure by a law enforcement official and if seized shall be delivered to the division within seventy-two hours.

E. Failure to surrender the parking placard on demand of a law enforcement officer or the department is a petty misdemeanor and punishable by a fine not to exceed one hundred dollars ($100)."

Section 2. Section 66-7-352.5 NMSA 1978 (being Laws 1983, Chapter 45, Section 5, as amended) is amended to read:

"66-7-352.5. UNAUTHORIZED USE--PENALTIES.--

A. It is unlawful for any person to park a motor vehicle not displaying a special registration plate or a parking placard issued pursuant to Section 66-3-16 NMSA 1978 in a designated disabled parking space.

B. It is unlawful for any person to park a motor vehicle in such a manner so as to block access to any part of a curb cut designed for access by persons with severe mobility impairment.

C. Any person convicted of violating Subsection A or B of this section is subject to a fine of not less than [one hundred dollars ($100)] two hundred fifty dollars ($250) or more than [three hundred dollars ($300)] four hundred fifty dollars ($450). Failure to properly display a parking placard or special registration plate issued pursuant to Section

66-3-16 NMSA 1978 is not a defense against a charge of violation of Subsection A or B of this section.

D. A vehicle parked in violation of Subsection A or B of this section is subject to being towed at the expense of the vehicle owner upon authorization by law enforcement personnel or by the property owner or manager of a parking lot."