2005 House Bill text for HB0401

HOUSE BILL 401

47th legislature - STATE OF NEW MEXICO - first session, 2005

INTRODUCED BY

Miguel P. Garcia

AN ACT

RELATING TO MOTOR VEHICLES; AUTHORIZING THE USE OF AUTOMATED ENFORCEMENT SYSTEMS FOR THE ISSUANCE OF CITATIONS FOR CERTAIN VIOLATIONS.

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

Section 1. A new section of the Motor Vehicle Code is enacted to read:

"[NEW MATERIAL] AUTOMATED ENFORCEMENT SYSTEM CITATIONS.--A state or local law enforcement agency may use an automated enforcement system to issue citations for alleged violations of state or municipal laws relating to motor vehicles that are punishable as a misdemeanor."

Section 2. Section 66-1-4.21 NMSA 1978 (being Laws 1998 (1st S.S.), Chapter 10, Section 9) is amended to read:

"66-1-4.21. ADDITIONAL DEFINITIONS.--As used in the Motor Vehicle Code:

A. "automated enforcement system" means an electronic system consisting of cameras and a vehicle sensor that automatically records images of each vehicle whose driver violates a traffic law at an intersection or in a school zone by not obeying a standard traffic-control device;

[A.] B. "evidence of registration" means any documentation issued by the department identifying a motor carrier vehicle as being registered with New Mexico or documentation issued by another state pursuant to the terms of a multistate agreement on registration of vehicles to which this state is a party identifying a motor carrier vehicle as being registered with that state; provided that evidence of payment of the weight distance tax and permits obtained under either the Special Fuels Supplier Tax Act or Trip Tax Act are not "evidence of registration";

[B.] C. "fleet" means one or more motor carrier vehicles, either commercial or noncommercial but not mixed, that are operated in this and at least one other jurisdiction;

[C.] D. "motor carrier" means any person or firm that owns, controls, operates or manages any motor vehicle with gross vehicle weight of twelve thousand pounds or more that is used to transport persons or property on the public highways of this state;

[D.] E. "one-way rental fleet" means two or more vehicles each having a gross vehicle weight of under twenty-six thousand one pounds and rented to the public without a driver;

[E.] F. "preceding year" means a period of twelve consecutive months fixed by the department, which period is within the sixteen months immediately preceding the commencement of the registration or license year for which proportional registration is sought. The department, in fixing that period, shall make it conform to the terms, conditions and requirements of any applicable agreement or arrangement for the proportional registration of vehicles;

[F.] G. "properly registered" means bearing the lawfully issued and currently valid evidence of registration of this or another jurisdiction, regardless of the owner's residence, except in those cases where the evidence has been procured by misrepresentation or fraud; and

[G.] H. "public highway" means every way or place generally open to the use of the public as a matter of right for the purpose of vehicular travel, even though it may be temporarily closed or restricted for the purpose of construction, maintenance, repair or reconstruction."

Section 3. Section 66-7-9 NMSA 1978 (being Laws 1978, Chapter 35, Section 379, as amended) is amended to read:

"66-7-9. POWERS OF LOCAL AUTHORITIES.--

A. The provisions of the Motor Vehicle Code shall not be deemed to prevent local authorities, with respect to streets and highways under their jurisdiction and within the reasonable exercise of the police power, from:

(1) regulating the standing or parking of vehicles;

(2) regulating traffic by means of police officers or traffic-control signals;

(3) regulating or prohibiting processions or assemblages on the highways;

(4) designating particular highways as one-way highways and requiring that all vehicles thereon be moved in one specific direction;

(5) regulating the speed of vehicles in public parks;

(6) designating any highway as a through highway and requiring that all vehicles stop before entering or crossing it or designating any intersection as a stop intersection or a yield intersection and requiring all vehicles to stop or yield at one or more entrances to the intersection;

(7) restricting the use of highways as authorized in the Motor Vehicle Code;

(8) regulating the operation of bicycles and requiring their registration and licensing, including the requirement of a registration fee;

(9) regulating or prohibiting the turning of vehicles, or specified types of vehicles, at intersections;

(10) altering the maximum speed limits as authorized in the Motor Vehicle Code;

(11) adopting other traffic regulations as specifically authorized by the Motor Vehicle Code;

(12) regulating the operation of snowmobiles on public lands, waters and property under their jurisdiction and on streets and highways within their boundaries by resolution or ordinance of their governing bodies and by giving appropriate notice, if such regulation is not inconsistent with the provisions of Sections 66-9-1 through 66-9-13 NMSA 1978; [or]

(13) regulating the operation of golf carts on public lands and property under their jurisdiction and on streets and roads within their boundaries by resolution or ordinance of their governing bodies and requiring their registration and licensing, including the payment of a registration fee; provided, the resolution or ordinance shall:

(a) not permit operation of a golf cart on any state highway;

(b) require that the golf cart be in compliance with Section 66-3-887 NMSA 1978; and

(14) regulating traffic and issuing citations by means of an automated enforcement system at intersections or in school zones.

B. [No] A local authority shall not erect or maintain any stop sign or traffic-control signal at any location so as to require the traffic on any state highway to stop or yield before entering or crossing any intersecting highway unless approval in writing has first been obtained from the state transportation commission.

C. [No] An ordinance or regulation enacted under Paragraph (4), (5), (6), (7), [or] (10) or (14) of Subsection A of this section shall not be effective until signs giving notice of the local traffic regulations are posted upon or at the entrances to the highway or part thereof affected as may be most appropriate."

Section 4. Section 66-8-117 NMSA 1978 (being Laws 1978, Chapter 35, Section 525, as amended) is amended to read:

"66-8-117. PENALTY ASSESSMENT MISDEMEANORS--OPTION--EFFECT.--

A. Unless a warning notice is given, at the time of making an arrest for any penalty assessment misdemeanor the arresting officer shall offer the alleged violator the option of accepting a penalty assessment. The violator's signature on the penalty assessment notice constitutes an acknowledgment of guilt of the offense stated in the notice.

B. In the case of an automated enforcement system citation issued by a law enforcement agency, the violator shall have the option of accepting the penalty assessments or appearing in court. The violator's signature on the penalty assessment notice constitutes an acknowledgment of guilt of the offense stated in the notice.

[B.] C. Except for penalty assessments made under a municipal program authorized by Section 66-8-130 NMSA 1978, payment of any penalty assessment must be made by mail to the division within thirty days from the date of arrest or notice of an automated enforcement system citation. Payments of penalty assessments are timely if postmarked within thirty days from the date of arrest or notice of an automated enforcement system citation. The division may issue a receipt when a penalty assessment is paid by currency, but checks tendered by the violator upon which payment is received are sufficient receipt.

[C. No] D. A record of any penalty assessment payment is not admissible as evidence in any court in any civil action."

Section 5. Section 66-8-124 NMSA 1978 (being Laws 1961, Chapter 213, Section 3, as amended) is amended to read:

"66-8-124. ARRESTING OFFICER TO BE IN UNIFORM.--

A. [No] A person shall not be arrested for violating the Motor Vehicle Code or other law relating to motor vehicles punishable as a misdemeanor except by a commissioned, salaried peace officer who, at the time of arrest, is wearing a uniform clearly indicating [his] the officer's official status.

B. Notwithstanding the provisions of Subsection A of this section, a municipality may provide by ordinance that uniformed private security guards may be commissioned by the local police agency to issue parking citations for violations of clearly and properly marked fire zones and handicapped zones. Prior to the commissioning of any security guard, the employer of the security guard shall agree in writing with the local police agency to [said] the commissioning of the employer's security guard. The employer of any security guard commissioned under the provisions of this section shall be liable for the actions of that security guard in carrying out his duties pursuant to that commission. Notwithstanding the provisions of the Tort Claims Act, private security guards commissioned under this section shall not be deemed public employees under that act.

C. Notwithstanding the provisions of Subsection A of this section, a state or local law enforcement agency may use an automated enforcement system to issue citations for alleged violations of state or municipal laws relating to motor vehicles that are punishable as a misdemeanor."

Section 6. Section 66-8-126 NMSA 1978 (being Laws 1978, Chapter 35, Section 534) is amended to read:

"66-8-126. FAILURE TO OBEY NOTICE TO APPEAR.--

A. It is a misdemeanor for any person to violate his written promise to appear in court given in response to an automated enforcement system citation or to an officer upon issuance of a uniform traffic citation regardless of the disposition of the charge for which the citation was issued.

B. A written promise to appear in court may be complied with by appearance of counsel."

Section 7. Section 66-8-128 NMSA 1978 (being Laws 1978, Chapter 35, Section 536, as amended) is amended to read:

"66-8-128. UNIFORM TRAFFIC CITATION.--

A. The department shall prepare a uniform traffic citation containing at least the following information:

(1) an information section, serially numbered and containing spaces for the name, address, city and state of the individual charged; the individual's physical description, age and sex; the registration number, year and state of the vehicle involved and its make and type; the state and number of the individual's driver's license; the specific section number and common name of the offense charged under the NMSA 1978 or of local law; the date and time of arrest; the arresting officer's signature and identification number; and the conditions existing at the time of the violation;

(2) a notice to appear; and

(3) a penalty assessment notice with a place for the signature of the violator agreeing to pay the penalty assessment prescribed.

B. The department shall prescribe how the uniform traffic citation form may be used as a warning notice.

C. The department shall prescribe the size and number of copies of the paper version of the uniform traffic citation and the disposition of each copy. The department may also prescribe one or more electronic versions of the uniform traffic citation, and these electronic versions may be used in the issuance of citations.

D. Any entity that wishes to submit uniform traffic citations required to be submitted to the department by electronic means [must] shall secure the prior permission of the department.

E. The department shall prescribe the form and content of a uniform automated enforcement system citation and the procedures by which the citation may be issued and processed."

Section 8. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2005.

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