SB 444
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AN ACT
RELATING TO DISABILITIES; INCREASING PENALTIES FOR ILLEGAL
PARKING IN DESIGNATED DISABLED PARKING SPACES OR FOR BLOCKING
CURB CUTS DESIGNED FOR ACCESS BY THE MOBILITY IMPAIRED;
ALLOWING STATE EDUCATIONAL INSTITUTIONS TO ENFORCE DISABLED
PARKING RESTRICTIONS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. 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
two hundred fifty dollars ($250) or more than five hundred
dollars ($500). 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
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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."
Section 2. Section 66-7-352.6 NMSA 1978 (being Laws
2001, Chapter 124, Section 3) is amended to read:
"66-7-352.6. ENFORCEMENT.--
A. State, county and municipal law enforcement
personnel may issue citations for violations of Section
66-7-352.5 NMSA 1978 in their respective jurisdictions,
whether the violation occurs on public property or private
property.
B. Parking enforcement personnel of each of the
state educational institutions designated in Article 12,
Section 11 of the constitution of New Mexico may issue
citations for violations of Section 66-7-352.5 NMSA 1978
within the exterior boundaries of lands under the control of
their respective institutions, except portions of those lands
that are public highways or streets."
Section 3. 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.--
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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
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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
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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
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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
66-3-852
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
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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."