Senate Bill text for SB0333

SENATE BILL 333

47th legislature - STATE OF NEW MEXICO - second session, 2006

INTRODUCED BY

John Arthur Smith

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; INCREASING THE LENGTH LIMITATION FOR BUSES OPERATING ON NATIONAL NETWORK HIGHWAYS AND COMBINATION VEHICLES OR SADDLE-MOUNT VEHICLES THAT ARE SPECIALIZED EQUIPMENT; 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. 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.--

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."

Section 7. 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 8. 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 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 conviction, the penalty assessment shall be five hundred dollars ($500)."

Section 9. 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 10. 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] 65-1-26 50.00

permit 300.00

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 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 conviction, the penalty assessment shall be five hundred dollars ($500)."

Section 11. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2006.

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