SENATE BILL 438
48th legislature - STATE OF NEW MEXICO - second session, 2008
INTRODUCED BY
Sue Wilson Beffort
AN ACT
RELATING TO MOTOR VEHICLES; IMPOSING A PENALTY ASSESSMENT FOR FAILURE TO COMPLY WITH WEIGHT DISTANCE TAX ACT REQUIREMENTS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. 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 66-3-1.1 $300.00
Failure to carry tax
identification
permit 65-1-26 300.00
Failure of motor carrier
to comply with weight distance
requirements of the Weight
Distance Tax Act 65-1-26
(1) first conviction 300.00
(2) second conviction, within
ten years of the first conviction 500.00
(3) third or subsequent
conviction, within ten years of the
first conviction 1,000.00
Failure to comply with
public regulation
commission rules and
regulations 65-2A-7 50.00
Failure to
carry single state
registration receipt issued
by a base state 65-2A-7 50.00
Failure to register with
a base state under the Federal
Unified Carrier Registration Act
of 2005 65-2A-16 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
Possession of radar detector
in commercial motor carrier
vehicle 65-3-8 100.00
Possession of alcoholic
beverage in commercial
motor carrier vehicle 65-3-8 200.00
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)."