HOUSE JUDICIARY COMMITTEE SUBSTITUTE FOR
HOUSE BILL 317
47th legislature - STATE OF NEW MEXICO - second session, 2006
AN ACT
RELATING TO MOTOR VEHICLES; ALLOWING DETENTION OF VEHICLES FOR FAILURE TO PAY WEIGHT DISTANCE TAX; PROVIDING INCREASED PENALTIES FOR VIOLATIONS OF WEIGHT LIMITATIONS AND FOR FAILURE TO STOP AT EVERY PORT OF ENTRY AND TO CARRY A TAX IDENTIFICATION PERMIT OR A PERMIT FOR EXCESSIVE SIZE OR WEIGHT; PROVIDING FOR COMPLIANCE WITH FEDERAL COMMERCIAL DRIVER'S LICENSE REGULATIONS REGARDING CONVICTION FOR VIOLATION OF TRAFFIC LAWS; REQUIRING DOMICILE IN NEW MEXICO TO RECEIVE A COMMERCIAL DRIVER'S LICENSE; AMENDING AND ENACTING SECTIONS OF THE NEW MEXICO COMMERCIAL DRIVER'S LICENSE ACT; INCREASING THE LENGTH LIMITATION FOR BUSES OPERATING ON NATIONAL NETWORK HIGHWAYS AND COMBINATION VEHICLES OR SADDLE-MOUNT VEHICLES THAT ARE SPECIALIZED EQUIPMENT; PERMITTING THE DEPARTMENT OF PUBLIC SAFETY TO ISSUE RULES THAT DETERMINE LENGTH AND WEIGHT LIMITATIONS; RESTRICTING APPLICATION OF MAXIMUM DRIVING AND ON-DUTY TIME VIOLATION PENALTIES TO A PASSENGER CARRIER TRANSPORTATION; PROVIDING ADDITIONAL MAXIMUM DRIVING AND ON-DUTY TIME PENALTIES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. Section 65-1-26 NMSA 1978 (being Laws 1967, Chapter 97, Section 16, as amended) is amended to read:
"65-1-26. DOCUMENTS--REQUIRED IN EACH COMMERCIAL MOTOR CARRIER VEHICLE--DETENTION OF VEHICLES.--
A. [Every] A commercial motor carrier vehicle operated on [any] a New Mexico public highway by a motor carrier required to be registered with the department shall have in it at all times:
(1) proof of payment of the trip tax; or
(2) both evidence of registration and a tax identification [card] permit issued by the department.
B. The driver of the vehicle [must] shall be able to display either proof of payment of the trip tax or both the evidence of registration and the tax identification [card] permit upon request by any law enforcement officer or any employee of the department.
C. Upon failure of the driver to display either proof of payment of the trip tax or evidence of registration, it shall be presumed that the vehicle is subject to registration under the laws of New Mexico unless it can be demonstrated that the vehicle is exempt from registration requirements of the Motor Vehicle Code. A vehicle presumed subject to registration may be detained until registration, including payment of all required fees, is completed.
D. Upon failure of the driver to display either proof of payment of the trip tax or a tax identification [card] permit issued by the department, the trip tax shall be presumed
due. A vehicle presumed subject to the trip tax may be detained until the trip tax is paid.
E. A commercial motor carrier vehicle subject to and not in compliance with the weight distance requirements of the Weight Distance Tax Act may be detained until the tax is paid. A nonfiler or zero-filer status or an inactive weight distance account is proof of failure to pay the weight distance tax."
Section 2. Section 65-1-36 NMSA 1978 (being Laws 1978, Chapter 16, Section 1, as amended) is amended to read:
"65-1-36. PENALTY FOR VIOLATIONS OF ACT.--
A. Violation of Section [65-1-12 or] 65-5-1, 65-5-2 or 66-3-1.1 NMSA 1978 is a misdemeanor punishable by a fine of not less than one hundred dollars ($100) or more than five hundred dollars ($500) or imprisonment not exceeding ninety days or by both the fine and imprisonment.
B. Violation of any section of the Motor Transportation Act other than a violation of Section [65-1-12] 65-1-26, 65-1-36.1 [or], 66-5-1, 65-5-2 or 66-3-1.1 NMSA 1978 or of the Motor Carrier Safety Act is a misdemeanor punishable by a fine of not more than one hundred dollars ($100) or by imprisonment not exceeding thirty days or by both the fine and imprisonment or is subject to the penalty assessment and fee provisions pursuant to Sections 66-8-116 through 66-8-116.3 NMSA 1978.
C. The payment of a fine under the provisions of any act under the jurisdiction of the department pursuant to the Motor Transportation Act shall not relieve the offender from the payment of any fees or taxes or from any other of the provisions of the Motor Transportation Act.
D. The department may [also], for the proper enforcement of the duties imposed upon the department pursuant to the Motor Transportation Act, detain any motor vehicle whose operator or owner is in violation of any law the department is empowered under the Motor Transportation Act to administer or enforce."
Section 3. Section 65-5-2 NMSA 1978 (being Laws 1943, Chapter 125, Section 9, as amended) is amended to read:
"65-5-2. PROOF OF COMPLIANCE--SCHEDULE OF PENALTIES.--Except as otherwise provided in this section, [no] a commercial motor carrier vehicle having a gross vehicle weight or combination gross vehicle weight of over twenty-six thousand pounds shall not travel on New Mexico highways without either proof that the trip tax has been paid for the movement of the vehicle or both evidence of registration and a tax identification [card] permit issued by the department, unless that vehicle is exempt from the weight distance tax. The department may, by regulation, exempt portions of a highway from the requirements of this section if those portions are prior to reaching a port of entry where the trip tax may be paid."
Section 4. Section 66-3-1.1 NMSA 1978 (being Laws 1978, Chapter 18, Section 1, as amended) is amended to read:
"66-3-1.1. MOTOR CARRIERS REQUIRED TO REGISTER WITH THE DEPARTMENT.--
A. All motor carriers desiring and eligible for annual registration provisions relating to proportional registration or full reciprocity shall register their vehicles with the department. The department shall register all motor carriers who satisfy all New Mexico requirements relating to motor carriers, but [after September 30, 1984] may refuse to register any vehicle subject to the federal heavy vehicle use tax imposed by Section 4481 of the United States Internal Revenue Code of 1986 without proof of payment of such tax in the form prescribed by the secretary of the treasury of the United States. Registration of motor carrier vehicles with the department shall remain in force during the calendar registration year as specified in Section 65-1-13 or 66-3-2.1 NMSA 1978 unless suspended or canceled by the department for noncompliance with any New Mexico motor vehicle or motor carrier requirements.
B. In addition to the provisions of Subsection A of this section, motor carriers operating vehicles subject to the weight distance tax pursuant to the Weight Distance Tax Act or vehicles subject to special fuel user permit requirements pursuant to the Special Fuels Supplier Tax Act shall apply for a tax identification [card] permit."
Section 5. Section 66-3-3.1 NMSA 1978 (being Laws 1992, Chapter 106, Section 7, as amended) is amended to read:
"66-3-3.1. TAX IDENTIFICATION [CARD] PERMIT.--The department shall implement a system for identifying motor carriers subject to the weight distance tax and special fuel user permit requirements, including an identifying number for each motor carrier covered by the system. Annually, the department shall issue one or more original tax identification [cards] permits sufficient for the number of vehicles specified by each motor carrier who applies for a tax identification [card] permit; provided that the motor carrier continues to be subject to and in compliance with the weight distance tax and special fuel user permit requirements. The tax identification [card] permit shall contain the department's identifying number for the motor carrier and other information that the department deems necessary."
Section 6. A new section of the New Mexico Commercial Driver's License Act is enacted to read:
"[NEW MATERIAL] VIOLATION CONVICTIONS--IMPROPER TO MASK, DEFER OR DIVERT.--No person shall mask or defer imposition of judgment of a conviction of a traffic control law violation, except a parking violation, committed by a holder of a commercial driver's license or allow a holder of a commercial driver's license to enter a diversion program upon conviction of a traffic control law violation, except a parking violation, that would prevent a commercial driver's license holder's conviction, in any motor vehicle, from appearing on the licensee's driving record, regardless of the state in which the conviction occurred."
Section 7. Section 66-5-54 NMSA 1978 (being Laws 1989, Chapter 14, Section 3, as amended) is amended to read:
"66-5-54. DEFINITIONS.--As used in the New Mexico Commercial Driver's License Act:
A. "commerce" means:
(1) trade, traffic or transportation within the jurisdiction of the United States between a place in New Mexico and a place outside of New Mexico, including a place outside of the United States; and
(2) trade, traffic or transportation in the United States that affects any trade, traffic or transportation described in Paragraph (1) of this subsection;
B. "commercial driver's license information system" means the information system created pursuant to the federal Commercial Motor Vehicle Safety Act of 1986 that contains information pertaining to operators of commercial motor vehicles;
C. "commercial motor vehicle" means a motor vehicle or combination of motor vehicles used in commerce to transport passengers or property if the motor vehicle:
(1) has a gross combination weight rating of more than twenty-six thousand pounds inclusive of a towed unit with a gross vehicle weight rating of more than ten thousand pounds;
(2) has a gross vehicle weight rating of more than twenty-six thousand pounds;
(3) is designed to transport sixteen or more passengers, including the driver; or
(4) is of any size and is used in the transportation of hazardous materials, which requires the motor vehicle to be placarded under applicable law;
D. "director" means the director of the motor vehicle division of the department;
E. "disqualification" means:
(1) a suspension, revocation or cancellation of a commercial driver's license by the state or jurisdiction that issued the commercial driver's license;
(2) a withdrawal of a person's privileges to drive a commercial motor vehicle by a state or other jurisdiction as the result of a violation of state or local law relating to motor vehicle control other than a parking, vehicle weight or vehicle defect violation; and
(3) a determination by the federal motor carrier safety administration that a person is not qualified to operate a motor vehicle;
F. "division" means the motor vehicle division of the department;
G. "driving a commercial motor vehicle while under the influence of alcohol" means:
(1) driving a commercial motor vehicle while the driver has an alcohol concentration in the driver's blood or breath of four one hundredths or more;
(2) driving a commercial motor vehicle while the driver is under the influence of intoxicating liquor; or
(3) refusal to submit to chemical tests administered pursuant to Section 66-8-107 NMSA 1978;
H. "employee" means an operator of a commercial motor vehicle, including full-time, regularly employed drivers; casual, intermittent or occasional drivers; leased drivers; and independent owner-operator contractors, while in the course of operating a commercial motor vehicle, who is either directly employed by or under lease to an employer;
I. "employer" means a person, including the United States, a state and a political subdivision of a state or their agencies or instrumentalities, that owns or leases a commercial motor vehicle or assigns employees to operate such a vehicle;
J. "fatality" means the death of a person as a result of a motor vehicle accident;
K. "gross combination weight rating" means the value specified by the manufacturer as the loaded weight of a combination vehicle. In the absence of a value specified by the manufacturer, gross combination weight rating shall be determined by adding the gross vehicle weight rating of the power unit and the total weight of the towed unit or units and any load thereon;
L. "gross vehicle weight rating" means the value specified by the manufacturer as the loaded weight of a single vehicle;
M. "imminent hazard" means a condition that presents a substantial likelihood that death, serious illness, severe personal injury or a substantial endangerment to health, property or the environment will occur before the reasonable foreseeable completion date of a formal proceeding to lessen the risk of that death, illness, injury or endangerment;
N. "noncommercial motor vehicle" means a motor vehicle or combination of motor vehicles that is not a commercial motor vehicle;
O. "nonresident commercial driver's license" means a commercial driver's license issued by another state to a person domiciled in that state or by a foreign country to a person domiciled in that country;
P. "out-of-service order" means a declaration by an authorized enforcement officer of a federal, state, Canadian, Mexican or local jurisdiction that a driver, a commercial motor vehicle or a motor carrier operation is temporarily prohibited from operating;
Q. "railroad-highway grade crossing violation" means a violation of a provision of Section 66-7-341 or 66-7-343 NMSA 1978 or a violation of federal or local law or rule pertaining to stopping at or crossing a railroad-highway grade crossing; [and]
R. "serious traffic violation" means conviction of any of the following if committed when operating a motor vehicle:
(1) speed of fifteen miles or more per hour above the posted limits;
(2) reckless driving as defined by Section 66-8-113 NMSA 1978 or a municipal ordinance or the law of another state;
(3) homicide by vehicle, as defined in Section 66-8-101 NMSA 1978;
(4) injury to pregnant woman by vehicle as defined in Section 66-8-101.1 NMSA 1978 or a municipal ordinance or the law of another state;
(5) any other violation of law relating to motor vehicle traffic control, other than a parking violation, that the secretary determines by regulation to be a serious traffic violation. "Serious traffic violation" does not include a vehicle weight or vehicle defect violation;
(6) improper or erratic lane changes in violation of Section 66-7-317 NMSA 1978;
(7) following another vehicle too closely in violation of Section 66-7-318 NMSA 1978;
(8) directly or indirectly causing death or great bodily injury to a human being in the unlawful operation of a motor vehicle in violation of Section 66-8-101 NMSA 1978;
(9) driving a commercial motor vehicle without possession of a commercial driver's license in violation of Section 66-5-59 NMSA 1978;
(10) driving a commercial motor vehicle without the proper class of commercial driver's license and endorsements pursuant to Section 66-5-65 NMSA 1978 and the Motor Carrier Safety Act for the specific vehicle group operated or for the passengers or type of cargo transported; or
(11) driving a commercial motor vehicle without obtaining a commercial driver's license in violation of Section 66-5-59 NMSA 1978; and
S. "state of domicile" means the state where a person has a true, fixed and permanent home and principal residence and to which the person has the intention of returning whenever the person has been absent from that state."
Section 8. Section 66-5-60 NMSA 1978 (being Laws 1989, Chapter 14, Section 9, as amended) is amended to read:
"66-5-60. COMMERCIAL DRIVER'S LICENSE--QUALIFICATIONS--STANDARDS.--
A. The division shall not issue a commercial driver's license to a person unless that person [is a resident of New Mexico] can establish that New Mexico is the person's state of domicile and has passed a knowledge and skills test for driving a commercial motor vehicle and for related endorsements, has passed a medical fitness test and has satisfied any other requirements of the New Mexico Commercial Driver's License Act.
B. The division may authorize a person, including an agency of this or another state, an employer, a private driver-training facility or other private institution or a department, agency or instrumentality of local government to administer the skills test specified by this section.
C. The director may waive the requirement of any test specified in this section for a commercial driver's license applicant who complies with the other provisions of the New Mexico Commercial Driver's License Act through any pertinent rules, regulations or contractual agreements with the public education department, other governments or private entities.
D. A commercial driver's license applicant shall not take a test specified in this section more than three times within one year.
E. If the department determines that a commercial driver's license applicant has committed an offense in taking a test specified in this section, the division shall not issue a commercial driver's license to that applicant within one year of the department's determination."
Section 9. Section 66-7-404 NMSA 1978 (being Laws 1978, Chapter 35, Section 475, as amended) is amended to read:
"66-7-404. HEIGHT AND LENGTH OF VEHICLES AND LOADS--EXCEPTION FOR RULES ISSUED BY THE DEPARTMENT OF PUBLIC SAFETY.--
A. [No] A vehicle shall not exceed a height of fourteen feet.
B. [No] A vehicle shall not exceed a length of forty feet extreme overall dimension and no motor home shall exceed a length of forty-five feet extreme overall dimension, exclusive of front and rear bumpers, except when operated in combination with another vehicle as provided in this section. [No] A bus may exceed a length of forty-five feet when operating on national network highways. A combination of vehicles, unless otherwise exempted in this section, shall not exceed an overall length of sixty-five feet, exclusive of front and rear bumpers.
C. [No] A combination of vehicles coupled together shall not consist of more than two units, except:
(1) a truck tractor and semitrailer shall be permitted to pull one trailer;
(2) a vehicle shall be permitted to pull two units, provided that the middle unit is equipped with brakes and has a weight equal to or greater than the last unit and the total combined gross weight of the towed units does not exceed the manufacturer's stated gross weight of the towing units;
(3) a double or triple saddle-mount or fifth wheel mount of vehicles in transit by driveaway-towaway methods shall be permitted;
(4) vehicles and trailers operated by or under contract for municipal refuse systems;
(5) farm trailers, implements of husbandry and fertilizer trailers operated by or under contract to a farmer or rancher in [his] farming or ranching operations; and
(6) as provided in Subsections D [and E] through G of this section.
D. Exclusive of safety and energy conservation devices, refrigeration units and other devices such as coupling devices, vehicles operating a truck tractor semitrailer or truck tractor semitrailer-trailer combinations on the interstate highway system and those qualifying federal aid primary system highways designated by the secretary of the United States department of transportation, pursuant to the [United States] federal Surface Transportation Assistance Act of 1982, Public Law 97-424, Section 411, and on those highways designated by the department by rule or regulation with the concurrence of the [state highway and transportation] New Mexico department of transportation may exceed an overall length limitation of sixty-five feet, provided that the length of the semitrailer in a truck tractor semitrailer combination does not exceed fifty-seven feet six inches and the length of the semitrailer or trailer in a truck tractor semitrailer-trailer combination does not exceed twenty-eight feet six inches. The department of public safety shall adopt rules and regulations granting reasonable access to terminals, facilities for food, fuel, repairs and rest and points of loading and unloading for household goods carriers to vehicles operating in combination pursuant to this subsection. As used in this subsection, "truck tractor" means a non-cargo carrying power unit designed to operate in combination with a semitrailer or trailer, except that a truck tractor and semitrailer engaged in the transportation of automobiles may transport motor vehicles on part of the truck tractor.
E. The following combination vehicles are specialized equipment and may exceed an overall length of sixty-five feet pursuant to the Code of Federal Regulations, Title 23, Section 658.13:
(1) automobile transporters;
(2) boat transporters;
(3) beverage semitrailers; and
(4) munitions carriers using dromedary equipment.
F. A saddle-mount vehicle is specialized equipment and may not exceed an overall length of ninety-seven feet pursuant to the Code of Federal Regulations, Title 23, Section 658.13.
[E.] G. Notwithstanding any other subsection of this section, [any] a trailer or semitrailer combination of such dimensions as those that were in actual and lawful use in this state on December 1, 1982 may be lawfully operated on the highways of this state.
H. Notwithstanding the provisions of this section, the department of public safety may issue rules that determine length and weight limitations for specialized equipment, saddle-mount vehicles and other commercial motor vehicles."
Section 10. Section 66-7-411 NMSA 1978 (being Laws 1978, Chapter 35, Section 482, as amended) is amended to read:
"66-7-411. AUTHORIZED REPRESENTATIVE MAY WEIGH VEHICLES AND REQUIRE REMOVAL OF EXCESS LOADS--GRADUATED PENALTIES.--
A. [Any] A police officer with the motor transportation division or the New Mexico state police division of the department of public safety, having reason to believe that the weight of a vehicle and load is unlawful, may require the driver to stop and submit to weighing of the vehicle and load by means of either portable or stationary scales and may require the vehicle to be driven to the nearest scales approved by the department of public safety if the scales are within five miles.
B. When a police officer with the motor transportation division or the New Mexico state police division of the department of [the] public safety or a transportation inspector, upon weighing a vehicle or combination, determines that the gross vehicle weight or combination gross vehicle weight exceeds the maximum authorized by Sections 66-7-409 and 66-7-410 NMSA 1978, the officer or inspector shall require the driver or owner of the vehicle or combination to unload that portion of the load necessary to decrease the gross vehicle weight or combination gross vehicle weight to the authorized maximum.
C. [Any] A driver of a vehicle who fails or refuses to stop and submit the vehicle and load to weighing or who fails or refuses, when directed by a duly authorized police officer with the motor transportation division or the New Mexico state police division of the department of public safety or a transportation inspector, upon a weighing of the vehicle, to unload the vehicle and otherwise comply with the provisions of this section is guilty of a misdemeanor.
D. [Any] A shipper or [any other] a person loading the vehicle who intentionally overloads a vehicle [which he] that the shipper or person has reason to believe will travel in that condition upon a public highway is guilty of a misdemeanor and shall be fined in accordance with Subsection E of this section.
E. In all cases of violations of weight limitations, the penalties shall be assessed and imposed in accordance with the following schedule:
WEIGHT OF EXCESS
LOAD IN POUNDS AMOUNT OF FINE
1 to 3,000 [twenty-five dollars ($25.00)]
fifty dollars ($50.00)
3,001 to 4,000 [forty dollars ($40.00)]
eighty dollars ($80.00)
4,001 to 5,000 [seventy-five dollars ($75.00)]
one hundred fifty dollars ($150)
5,001 to 6,000 [one hundred twenty-five dollars ($125)]
two hundred fifty dollars ($250)
6,001 to 7,000 [two hundred dollars ($200)]
four hundred dollars ($400)
7,001 to 8,000 [two hundred seventy-five dollars ($275)]
five hundred dollars ($500)
8,001 to 9,000 [three hundred fifty dollars ($350)]
seven hundred dollars ($700)
9,001 to 10,000 [four hundred twenty-five dollars ($425)]
eight hundred fifty dollars ($850)
over 10,000 [five hundred dollars ($500)]
one thousand dollars ($1,000)."
Section 11. 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] Subsections D and E 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 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 66-7-331 10.00
Failure to yield 66-7-332 50.00
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 66-7-342 and 66-7-344
through 66-7-346 10.00
Railroad-highway grade
crossing violation 66-7-341 and 66-7-343 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, a fine imposed upon later conviction shall not exceed the penalty assessment established for the particular penalty assessment misdemeanor and probation imposed upon a suspended or deferred sentence shall not 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.
E. Upon a second acceptance of a penalty assessment or a second conviction for operation without a permit for excessive size or weight pursuant to Section 66-7-413 NMSA 1978, the penalty assessment shall be two hundred fifty dollars ($250). Upon a third or subsequent acceptance of a penalty assessment or a third or subsequent conviction, the penalty assessment shall be five hundred dollars ($500)."
Section 12. Section 66-8-116.1 NMSA 1978 (being Laws 1989, Chapter 319, Section 12) is amended to read:
"66-8-116.1. PENALTY ASSESSMENT MISDEMEANORS--OVERSIZE LOAD.--As used in the Motor Vehicle Code and the Motor Carrier Act, "penalty assessment misdemeanor" means, in addition to the definition of that term in Section 66-8-116 NMSA 1978, violation of the following listed sections of the NMSA 1978 for which the listed penalty is established:
COMMON NAME OF OFFENSE SECTION VIOLATED PENALTY ASSESSMENT
Oversize load
1,000 to 3,000 pounds 66-7-411 $[25.00] 50.00
Oversize load
3,001 to 4,000 pounds 66-7-411 [40.00] 80.00
Oversize load
4,001 to 5,000 pounds 66-7-411 [75.00] 150.00
Oversize load
5,001 to 6,000 pounds 66-7-411 [125.00] 250.00
Oversize load
6,001 to 7,000 pounds 66-7-411 [200.00] 400.00
Oversize load
7,001 to 8,000 pounds 66-7-411 [275.00] 550.00
Oversize load
8,001 to 9,000 pounds 66-7-411 [350.00] 700.00
Oversize load
9,001 to 10,000 pounds 66-7-411 [425.00] 850.00
Oversize load
over 10,000 pounds 66-7-411 [500.00] 1,000.00."
Section 13. Section 66-8-116.2 NMSA 1978 (being Laws 1989, Chapter 319, Section 13, as amended) is amended to read:
"66-8-116.2. PENALTY ASSESSMENT MISDEMEANORS--MOTOR CARRIER ACT.--As used in the Motor Vehicle Code and the Motor Carrier Act, "penalty assessment misdemeanor" means, in addition to the definitions of that term in Sections 66-8-116 and 66-8-116.1 NMSA 1978, violation of the following listed sections of the NMSA 1978 for which, except as provided in Subsection E of this section, the listed penalty is established:
A. GENERAL
COMMON NAME OF OFFENSE SECTION VIOLATED PENALTY ASSESSMENT
Failure to register
motor carrier [65-1-12] 66-3-1.1 $[100.00]
300.00
Failure to carry tax
identification [card]
permit 65-1-26 50.00
Failure to comply with
public regulation
commission rules and
regulations [Section 7 of
the Motor Carrier Act] 65-2A-7 50.00
Failure to
carry single state
registration receipt issued
by a base state [Section 7 of
the Motor Carrier Act] 65-2A-7 50.00
Failure to stop at
designated
registration place 65-5-1 100.00
Failure to obtain
proper clearance
certificates 65-5-3 100.00.
B. VEHICLE OUT-OF-SERVICE VIOLATIONS
COMMON NAME OF OFFENSE SECTION VIOLATED PENALTY ASSESSMENT
Absence of braking action 65-3-9 $100.00
Damaged brake lining or pads 65-3-9 50.00
Loose or missing brake
components 65-3-12 100.00
Inoperable breakaway braking
system 65-3-12 50.00
Defective or damaged brake
tubing 65-3-12 50.00
Inoperative low pressure
warning device 65-3-9 50.00
Reservoir pressure not
maintained 65-3-12 100.00
Inoperative tractor
protection valve 65-3-9 100.00
Damaged or loose air
compressor 65-3-12 100.00
Audible air leak at brake
chamber 65-3-12 50.00
Defective safety devices--
chains or hooks 65-3-9 100.00
Defective towing or coupling
devices 65-3-9 100.00
Defective exhaust systems 65-3-9 30.00
Frame defects--trailers 65-3-12 100.00
Frame defects--other 65-3-9 100.00
Defective fuel systems 65-3-9 50.00
Missing or inoperative
lamps 65-3-9 25.00
Missing lamps on projecting
loads 65-3-9 50.00
Missing or inoperative
turn signal 65-3-9 25.00
Unsafe loading 65-3-8 100.00
Excessive steering wheel
play 65-3-9 100.00
Steering column defects 65-3-9 100.00
Steering box or steering
system defects 65-3-9 100.00
Suspension system defects 65-3-9 50.00
Defective springs or spring
assembly 65-3-9 50.00
Defective tires--steering
axle 65-3-9 100.00
Defective tires--other axles 65-3-9 30.00
Defective wheels and rims 65-3-9 50.00
Defective or missing
windshield wipers 65-3-9 30.00
Defective or inoperative
emergency exit--bus 65-3-9 100.00.
C. DRIVER OUT-OF-SERVICE VIOLATIONS
COMMON NAME OF OFFENSE SECTION VIOLATED PENALTY ASSESSMENT
Driver's age 65-3-7 $30.00
Driver not licensed for
type of vehicle being
operated 65-3-7 30.00
Failure to have valid
commercial driver's license
in possession 66-5-59 30.00
No waiver of physical
disqualification
in possession 65-3-7 30.00
Sickness or fatigue 65-3-8 100.00
Driver disqualification 65-3-7 500.00
Exceeding the 10-hour
driving rule for
passenger carrier
transportation 65-3-11 100.00
Exceeding the 11-hour
driving rule for property
carrier transportation 65-3-11 100.00
Exceeding the 14-hour on
duty rule for property
carrier transportation 65-3-11 100.00
Exceeding the 15-hour on
duty rule for passenger
carrier transportation 65-3-11 100.00
Exceeding the 60 hours in 7
days on duty rule 65-3-11 100.00
Exceeding the 70 hours in 8
days on duty rule 65-3-11 100.00
False log book 65-3-11 100.00
No log book 65-3-11 100.00
No record for previous
7 days 65-3-11 100.00.
D. HAZARDOUS MATERIALS OUT-OF-SERVICE VIOLATIONS
COMMON NAME OF OFFENSE SECTION VIOLATED PENALTY ASSESSMENT
Placarding violations 65-3-13 $250.00
Cargo tank not meeting
specifications 65-3-13 250.00
Internal valve operation
violations 65-3-13 250.00
Hazardous materials
packaging violations 65-3-13 250.00
Insecure load--hazardous
materials 65-3-13 250.00
Shipping papers violations 65-3-13 30.00
Shipment of forbidden
combination of hazardous
materials 65-3-13 250.00
No hazardous waste manifest 65-3-13 30.00
Bulk packaging marking
violations 65-3-13 30.00
Cargo tank marking violations 65-3-13 30.00.
E. Upon a second acceptance of a penalty assessment or a second conviction for failure to stop at a port of entry or inspection station pursuant to Section 65-5-1 NMSA 1978, the penalty assessment shall be two hundred fifty dollars ($250). Upon a third or subsequent acceptance of a penalty assessment or a third or subsequent conviction, the penalty assessment shall be five hundred dollars ($500)."
Section 14. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2006.