Committee Substitute for SB0379FSS

SENATE FLOOR SUBSTITUTE FOR

SENATE JUDICIARY COMMITTEE SUBSTITUTE FOR

SENATE CORPORATIONS AND TRANSPORTATION COMMITTEE SUBSTITUTE FOR

SENATE BILL 379

49th legislature - STATE OF NEW MEXICO - first session, 2009

AN ACT

RELATING TO MOTOR VEHICLES; AMENDING SECTIONS OF THE OFF-HIGHWAY MOTOR VEHICLE ACT TO PROVIDE FOR REGULATION OF THE OPERATION OF OFF-HIGHWAY VEHICLES TO ENSURE THEIR SAFE AND RESPONSIBLE OPERATION; AMENDING, REPEALING AND ENACTING SECTIONS OF THE NMSA 1978; PROVIDING PENALTIES; MAKING APPROPRIATIONS; DECLARING AN EMERGENCY.

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

Section 1. Section 66-3-1001.1 NMSA 1978 (being Laws 2005, Chapter 325, Section 1) is amended to read:

"66-3-1001.1. DEFINITIONS.--As used in the Off-Highway Motor Vehicle Act:

A. "board" means the off-highway motor vehicle [safety] advisory board;

B. "department" means the department of game and fish;

[B.] C. "division" means the motor vehicle division of the taxation and revenue department;

[C.] D. "fund" means the trail safety fund;

[D.] E. "off-highway motor vehicle" means a motor vehicle designed by the manufacturer for operation exclusively off the highway or road and includes:

(1) "all-terrain vehicle", which means a motor vehicle fifty inches or less in width, having an unladen dry weight of one thousand pounds or less, traveling on three or more low-pressure tires and having a seat designed to be straddled by the operator and handlebar-type steering control;

(2) "off-highway motorcycle", which means a motor vehicle traveling on not more than two tires and having a seat designed to be straddled by the operator and that has handlebar-type steering control; [or]

(3) "snowmobile", which means a motor vehicle designed for travel on snow or ice and steered and supported in whole or in part by skis, belts, cleats, runners or low-pressure tires;

(4) "recreational off-highway vehicle", which means a motor vehicle designed for travel on four or more non-highway tires, for recreational use by one or more persons, and having:

(a) a steering wheel for steering control;

(b) non-straddle seating;

(d) gross vehicle weight rating no greater than three thousand seven hundred fifty pounds;

(e) less than eighty inches in overall width, exclusive of accessories;

(f) engine displacement of less than one thousand cubic centimeters; and

(g) identification by means of a seventeen-character vehicle identification number; or

(5) by rule of the department, any other vehicles that may enter the market that fit the general profile of vehicles operated off the highway for recreational purposes;

[E.] F. "staging area" means a parking lot, trailhead or other location to or from which an off-highway motor vehicle is transported so that it may be placed into operation or removed from operation; and

[F.] G. "unpaved public roadway" means a dirt graveled street or road that is constructed, signed and maintained for regular passenger-car use by the general public."

Section 2. Section 66-3-1004 NMSA 1978 (being Laws 1978, Chapter 35, Section 200, as amended) is amended to read:

"66-3-1004. REGISTRATION CERTIFICATE AND NONRESIDENT PERMIT FEES--RENEWAL--DISTRIBUTION OF FEES.--Fees shall be collected and distributed as follows:

A. the fees for registering an off-highway motor vehicle are:

(1) seventeen dollars ($17.00) for each off-highway motor vehicle, of which five dollars ($5.00) is appropriated to the division to defray the cost of making and issuing registration certificates, validating stickers and nonresident permits for off-highway motor vehicles. The remaining twelve dollars ($12.00) shall be deposited in the motor vehicle suspense fund for distribution pursuant to Section 66-6-23 NMSA 1978; and

B. upon a change of ownership, the new owner shall make application and pay registration fees of:

(1) seventeen dollars ($17.00) in the same manner as provided by rules of the division for original registration; and

C. the fees for a nonresident permit of an off-highway motor vehicle are either:

(1) seventeen dollars ($17.00) for each off-highway motor vehicle that is not registered in another state; and

(2) an amount determined by rule of the [tourism] department not to exceed [thirty dollars ($30.00)] forty dollars ($40.00) for an off-highway user fee for each off-highway motor vehicle that is not currently in compliance with a similar off-highway user fee law or rule in another state, which shall be distributed to the fund; or

(3) seventeen dollars ($17.00) for a ninety-day permit to include both the off-highway motor vehicle not otherwise registered and the off-highway user fee, of which five dollars ($5.00) is appropriated to the division to defray the cost of making and issuing registration certificates, validating stickers and nonresident permits for off-highway motor vehicles. The remaining twelve dollars ($12.00) shall be deposited in the motor vehicle suspense fund for distribution pursuant to Section 66-6-23 NMSA 1978;

D. except as provided in Paragraph (3) of Subsection C of this section, each registration certificate and nonresident permit shall be:

(1) good for two years after the month in which the off-highway motor vehicle is registered or the permit is issued; and

(2) renewed every two years;

E. the off-highway user fee for each off-highway motor vehicle shall be paid upon obtaining and renewing each registration certificate or nonresident permit;

F. duplicate registration certificates and nonresident permits shall be issued upon payment of a seven-dollar-fifty-cent ($7.50) fee, which is appropriated to the division to defray the cost of making and issuing duplicate registration certificates and nonresident permits for off-highway motor vehicles;

G. a fee of one dollar ($1.00) on registration certificates and nonresident permits shall be collected for the litter control and beautification fund; and

H. the [tourism] department, in conjunction with [the division and the department of game and fish] other agencies and departments, may establish and maintain sites to collect fees and issue permits for residents and nonresidents."

Section 3. Section 66-3-1010.1 NMSA 1978 (being Laws 2005, Chapter 325, Section 9) is amended to read:

"66-3-1010.1. OFF-HIGHWAY MOTOR VEHICLE SAFETY TRAINING

ORGANIZATION--APPROVAL AND CERTIFICATION.--

A. An off-highway motor vehicle safety training organization that offers and conducts an off-highway motor vehicle safety training course shall be approved and certified by the [board] department. Applicants for approval and certification shall submit an application to the [board] department for consideration.

B. The [board] department may approve and certify an organization that meets the minimum criteria established by the [board] department for an off-highway motor vehicle safety training organization. Each approval and certification shall be renewed annually."

Section 4. Section 66-3-1010.2 NMSA 1978 (being Laws 2005, Chapter 325, Section 10) is amended to read:

"66-3-1010.2. OFF-HIGHWAY MOTOR VEHICLE SAFETY PERMIT--REQUIREMENTS--ISSUANCE.--A person under the age of eighteen shall be required to successfully complete an off-highway motor vehicle safety training course for which the person shall have parental permission. The course shall be conducted by an off-highway motor vehicle safety training organization that is approved and certified by the [board] department. Upon successful completion of the course, the person shall receive an off-highway motor vehicle safety permit issued by the organization."

Section 5. Section 66-3-1010.3 NMSA 1978 (being Laws 2005, Chapter 325, Section 11) is amended to read:

"66-3-1010.3. OPERATION AND EQUIPMENT--SAFETY REQUIREMENTS.--

A. A person shall not operate an off-highway motor vehicle:

(1) in a careless, reckless or negligent manner so as to endanger the person or property of another;

(2) while under the influence of intoxicating liquor or drugs as provided by Section 66-8-102 NMSA 1978;

(3) while in pursuit of and with intent to hunt or take a species of animal or bird protected by law unless otherwise authorized by the state game commission;

(4) in pursuit of or harassment of livestock in any manner that negatively affects the livestock's condition;

(5) on or within an earthen tank or other structure meant to water livestock or wildlife;

(6) in a manner that has a direct negative effect on or interferes with persons engaged in agricultural practices;

[(4)] (7) in excess of ten miles per hour within two hundred feet of a business, animal shelter, horseback rider, bicyclist, pedestrian, livestock or occupied dwelling, unless the person operates the vehicle on a closed course or track;

[(5)] (8) unless in possession of the person's registration certificate or nonresident permit;

[(6)] (9) unless the vehicle is equipped with a spark arrester approved by the United States forest service; provided that a snowmobile is exempt from this provision;

[(7)] (10) when conditions such as darkness limit visibility to five hundred feet or less, unless the vehicle is equipped with:

(a) one or more headlights of sufficient candlepower to light objects at a distance of one hundred fifty feet; and

(b) at least one taillight of sufficient intensity to exhibit a red or amber light at a distance of two hundred feet under normal atmospheric conditions; [or

(8)] (11) that produces noise that exceeds ninety-six decibels when measured using test procedures established by the society of automotive engineers pursuant to standard J-1287; or

(12) where off-highway motor vehicle traffic is prohibited under local, state or federal rules or regulations.

B. A person under the age of eighteen shall not operate an off-highway motor vehicle:

(1) or ride upon an off-highway motor vehicle without wearing eye protection and a safety helmet that is securely fastened in a normal manner as headgear and that meets the standards established by the [board] department;

(2) without an off-highway motor vehicle safety permit; or

(3) while carrying a passenger.

C. A person under the age of eighteen but at least ten years of age shall not operate an off-highway motor vehicle unless the person is visually supervised at all times by a parent, legal guardian or a person over the age of eighteen who has a valid driver's license. This subsection shall not apply to a person who is at least:

(1) thirteen years of age and has a valid motorcycle license and off-highway motor vehicle safety permit; or

(2) fifteen years of age and has a valid driver's license, instructional permit or provisional license and off-highway motor vehicle safety permit.

D. A person under the age of ten shall not operate an off-highway motor vehicle unless:

(1) the all-terrain vehicle or recreational off-highway vehicle is an age-appropriate size-fit vehicle established by rule of the [board] department; and

(2) the person is visually supervised at all times by a parent, legal guardian or instructor of a safety training course certified by the [board] department.

[E. The requirements of Subsections C and D of this section do not apply to a person who is part of an organized tour under the guidance or direction of a guide certified by the board.

F.] E. An off-highway motor vehicle [may] shall not be sold or offered for sale if the vehicle produces noise that exceeds ninety-six decibels when measured using test procedures established by the society of automotive engineers pursuant to standard J-1287. This subsection shall not apply to an off-highway motor vehicle that is sold or offered for sale only for organized competition."

Section 6. Section 66-3-1010.5 NMSA 1978 (being Laws 2005, Chapter 325, Section 13) is amended to read:

"66-3-1010.5. REQUIREMENTS OF DEALERS TO DISTRIBUTE SAFETY INFORMATION.--A dealer selling off-highway motor vehicles shall distribute information [recommended] provided by the [board] department to off-highway motor vehicle purchasers on state laws, environmental and cultural considerations, customs, safety requirements, training programs, operating characteristics and potential risk of injury associated with off-highway motor vehicles."

Section 7. Section 66-3-1011 NMSA 1978 (being Laws 1975, Chapter 240, Section 11, as amended) is amended to read:

"66-3-1011. OPERATION ON STREETS OR HIGHWAYS--PROHIBITED AREAS.--

A. A person shall not operate an off-highway motor vehicle on any:

(1) limited access highway or freeway at any time; or

(2) any paved street or highway except as provided in Subsection B of this section.

B. Off-highway motor vehicles may cross streets or highways, except limited access highways or freeways, if the crossings are made after coming to a complete stop prior to entering the roadway. Off-highway motor vehicles shall yield the right of way to oncoming traffic and shall begin a crossing only when it can be executed safely and then cross in the most direct manner as close to a perpendicular angle as possible.

C. A person shall not operate an off-highway motor vehicle on state game commission-owned, -controlled or -administered land except as specifically allowed pursuant to Chapter 17, Article 6 NMSA 1978.

D. A person shall not operate an off-highway motor vehicle on land owned, controlled or administered by the state parks division of the energy, minerals and natural resources department, pursuant to Chapter 16, Article 2 NMSA 1978, except in areas designated by and permitted by rules adopted by the secretary of energy, minerals and natural resources.

E. Unless authorized, a person shall not:

(1) remove, deface or destroy any official sign installed by a state, federal, local or private land management agency; or

(2) install any off-highway motor vehicle- related sign."

Section 8. Section 66-3-1015 NMSA 1978 (being Laws 1978, Chapter 35, Section 211, as amended) is amended to read:

"66-3-1015. ENFORCEMENT.--A wildlife conservation officer, state police officer or peace officer of this state or any of its political subdivisions, upon displaying the officer's badge of office, has the authority to enforce the provisions of the Off-Highway Motor Vehicle Act and may:

A. require an off-highway motor vehicle operator to produce:

(1) the registration certificate or nonresident permit;

(2) proof of successful completion of an off-highway motor vehicle training course conducted by an off-highway safety training organization approved and certified by the [board] department, when required by Section [10 of this 2005 act] 66-3-1010.2 NMSA 1978; and

(3) the personal identification of the operator; and

B. issue citations for violations of the provisions of the Off-Highway Motor Vehicle Act."

Section 9. Section 66-3-1017 NMSA 1978 (being Laws 2005, Chapter 325, Section 19) is amended to read:

"66-3-1017. OFF-HIGHWAY MOTOR VEHICLE [SAFETY] ADVISORY BOARD CREATED--MEMBERS--COMPENSATION.--

[A. The "off-highway motor vehicle safety board" is created. The board consists of the following nine ex-officio members or their designees and seventeen appointed members:

(1) the director of the department of game and fish;

(2) the director of the motor vehicle division;

(3) the secretary of transportation;

(4) the secretary of public safety;

(5) the commissioner of public lands;

(6) the secretary of energy, minerals and natural resources;

(7) the secretary of tourism;

(8) the secretary of health;

(9) the director of the state parks division of the energy, minerals and natural resources department;

(10) one member of the New Mexico department of agriculture appointed by the board of regents of New Mexico state university;

(11) one representative from each of the state's six tourism regions with expertise in off-highway motor vehicle safety or motorized and non-motorized recreation, two of whom are appointed by the secretary of health, two of whom are appointed by the secretary of tourism and two of whom are appointed by the secretary of energy, minerals and natural resources, to include at least one member of:

(a) a recognized off-highway motorcycle user group;

(b) an all-terrain vehicle user group; and

(12) three representatives from local law enforcement agencies appointed by the secretary of public safety;

(13) two representatives from a conservation or environmental organization appointed by the secretary of energy, minerals and natural resources;

(14) two off-highway motor vehicle dealers appointed by the secretary of tourism;

(15) one health professional with expertise in injury prevention or treatment appointed by the secretary of health;

(16) one representative from the United States bureau of land management appointed by the governor; and

(17) one representative from the United States forest service appointed by the governor.

B. The board shall select a chairperson, a vice chairperson and other officers as it deems necessary.

C. The board shall meet at the call of the chairperson but not less than twice annually. A majority of members constitutes a quorum for the transaction of business. The affirmative vote of at least a majority of the quorum present shall be necessary for an action to be taken by the board.

D. Members shall be appointed to staggered terms of two years each; provided that no more than nine terms expire in any one year. The ex-officio board members shall select by lot nine appointed members to serve initial terms of three years each. A vacancy shall be filled by appointment by the original appointing authority for the remainder of the unexpired term.

E. Appointed members, except for representatives of federal agencies, of the board are entitled to reimbursement for attending meetings of the board as provided for nonsalaried officers in the Per Diem and Mileage Act and shall receive no other compensation, perquisite or allowance.]

A. The "off-highway motor vehicle advisory board" is created to advise the department on matters related to administration of the Off-Highway Motor Vehicle Act. The board shall consist of the following seven members appointed by the governor:

(1) one landowner living near a national forest or bureau of land management property that is used extensively for recreational off-highway vehicle activity;

(2) one producer or one grazing permittee on public lands from the farming or livestock industry;

(3) one person from the off-highway motor vehicle industry;

(4) one off-highway motor vehicle user;

(5) one hunter or angler;

(6) one quiet recreationalist, such as a hiker, backpacker, birdwatcher, equestrian, mountain biker, rock climber or archaeological enthusiast; and

(7) one member with expertise in injury prevention or treatment.

B. The board shall select a chair and a vice chair.

C. The board shall meet at the call of the chair but not less than twice annually.

D. Members shall be appointed to staggered terms of two years each; provided that no more than four terms expire in any one year. The board members shall select by lot four members to serve initial terms of three years each. A vacancy shall be filled by appointment of the governor for the remainder of the unexpired term. Members of the board shall be entitled to reimbursement pursuant to the Per Diem and Mileage Act."

Section 10. Section 66-3-1018 NMSA 1978 (being Laws 2005, Chapter 325, Section 20) is amended to read:

"66-3-1018. [BOARD] DEPARTMENT--POWERS AND DUTIES.--

A. The [board may] department shall cooperate with appropriate federal agencies, public and private organizations and corporations and local government units to implement the provisions of the Off-Highway Motor Vehicle Act. B. The [board shall] department:

(1) shall accept and evaluate all applications for approval and certification of an off-highway motor vehicle safety training organization and approve and certify those that meet the minimum criteria;

(2) shall notify the division of the off-highway motor vehicle safety training organizations that have received approval and certification;

(3) shall establish and revise as appropriate minimum criteria [by January 1, 2007] to approve and certify an off-highway motor vehicle safety training organization. The criteria shall include requirements for curriculum and materials for:

(a) training instructors to teach off-highway motor vehicle safety;

(b) training the public about off-highway motor vehicle safety and age-appropriate size-fit use of off-highway motor vehicles; and

(c) teaching responsible use of off-highway motor vehicles with respect to environmental considerations, private property restrictions, agricultural and rural lifestyles and cultural considerations, off-highway motor vehicle operating laws and prohibitions against operating off-highway motor vehicles under the influence of alcohol or drugs;

(4) shall implement [by January 1, 2007] a state off-highway motor vehicle safety training and certification program;

(5) shall adopt and promulgate rules regarding the:

(a) age-appropriate size-fit use of all-terrain vehicles or recreational off-highway motor vehicles;

(b) acceptance or accreditation of instruction or safety courses provided by other states; and

(6) may recommend, with public participation and input, off-highway motor vehicle park, facility and trail locations to the state, county, tribal or local governing body or private entity that owns or administers the land upon which the park, facility or trail is located. The [board] department shall establish criteria to recommend locations that include consideration of off-highway motor vehicle operating laws and effects on:

(a) wildlife and the environment;

(b) adjacent state, county, federal, tribal and private property;

(d) archaeological, cultural and historic resources and customs;

(7) shall recommend restoration or, if deemed necessary, closure of off-highway motor vehicle tracks or trails to the state, county, tribal or local governing body or private entity that owns or administers the land upon which the tracks or trails are located if they pose significant or irreversible environmental damage, a danger to users or a public nuisance as determined by the [board] department. The [board] department shall consider the construction of alternative tracks or trails as part of the closure process;

(8) shall accept and evaluate all applications for grants from the fund [and make recommendations to the tourism department] for implementation of the provisions of the Off-Highway Motor Vehicle Act. The [board] department shall establish criteria for grants from the fund that include consideration of the:

(a) applicant's financial and legal status;

(b) applicant's management plan, including specific measures to avoid or minimize environmental damage to public and private lands and danger to users and spectators;

(d) availability of matching funds; and

(e) public participation and input; [and]

(9) shall certify tour guides;

(10) shall prepare a management plan that accomplishes the purposes of the Off-Highway Motor Vehicle Act in a cost-effective manner and relies on existing agencies' available funding with specific qualifications for program implementation, which shall include joint powers agreements with the department of public safety and other law enforcement agencies for law enforcement and other agencies as appropriate for carrying out the provisions of the Off-Highway Motor Vehicle Act;

(11) shall develop and implement an overall enforcement strategy for the entire state that includes:

(a) cooperation with federal, state and local law enforcement agencies to provide training and educational materials related to off-highway motor vehicle use;

(b) coordination efforts related to off-highway motor vehicle use with participating law enforcement agencies;

(c) developing strategies for addressing and mininizing impacts on farmers and ranchers in rural agricultural areas, on hunters and anglers and on non-motorized recreationalists by off-highway motor vehicle use; and

(d) using law enforcement DUI-type "blitzes" in heavily used areas, staging areas or other problem areas;

(12) shall develop and implement an overall educational strategy for the entire state that:

(a) incorporates materials developed by the United States department of agriculture forest service program that teaches trail etiquette and respect for natural resources;

(b) includes the development of New Mexico-specific written, video or other educational materials and educational programs that address the impact of off-highway motor vehicles on traditional living culture, agricultural land and private property; and

(c) includes the development and maintenance of a web site containing rules and regulations, safety information and educational material relating to resource protection and the impact of off-highway motor vehicles on traditional living culture, agricultural land and historical sites;

(13) shall develop an overall strategy for phased implementation of an information system to track information, such as use patterns, injury data, ecological data, natural resource data and data relating to the impact of off-highway motor vehicles on traditional living culture and on agricultural land. The strategy shall include:

(a) identification and implementation of appropriate data collecting mechanisms, such as a toll-free number or a web-based data collecting process; and

(b) development of an information system program capable of interfacing with existing government and private databases or other information systems;

(14) may implement noise enforcement by the testing of sound levels of off-highway motor vehicles at the time of registration and equip law enforcement officers with sound meters for field testing of sound levels;

(15) may contract with government or quasi-government agencies to conduct analysis of the impact of off-highway motor vehicle use on forests, rangeland and other natural resources and use the data obtained to make recommendations to the appropriate land management agency;

(16) shall review the definition of "off-highway motor vehicle" as needed to include new classes of off-highway motor vehicles as they become available in the marketplace;

(17) shall, in cooperation with the division, determine the size, composition, attachment mechanism, letter or number height and other properties of off-highway motor vehicle identification. This identification may be a traditional license plate, stick-on lettering as used for boat identification or another form of identification that is visible and readable;

(18) shall present its semiannual plans and progress to the advisory board for the board's input and response; and

(19) may collaborate with the appropriate land agencies to develop criteria for signage relating to off-road motor vehicle use, including the size, visibility, graphics and frequency of signage."

Section 11. Section 66-3-1019 NMSA 1978 (being Laws 2005, Chapter 325, Section 21) is amended to read:

"66-3-1019. FUND CREATED--DISPOSITION.--

A. The "trail safety fund" is created in the state treasury. The fund is a nonreverting fund and consists of revenues from off-highway motor vehicle registration and user fees, grants and donations. No more than thirty percent of the fund may be used for administrative overhead, and at least fifty percent shall be devoted to law enforcement and education. Income from investment of the fund shall be credited to the fund. The fund shall be administered by the [tourism] department, and money in the fund is appropriated to the [tourism] department to carry out the purposes of the Off-Highway Motor Vehicle Act. Expenditures from the fund shall be by warrant of the secretary of finance and administration upon vouchers signed by the [secretary of tourism or the secretary's] director of the department of game and fish or the director's authorized representative.

[B. The tourism department, upon recommendation by the board, shall make distributions from the fund to develop and maintain trails, build and maintain staging areas, market safety programs and promote safety for off-highway motor vehicles.]

B. The department shall make annual distributions from the fund for the following purposes:

(1) administrative;

(2) law enforcement;

(3) education and training;

(4) information system development and management;

(5) resource monitoring and protection and trail building, maintenance and restoration; and

(6) implementation of other provisions of the Off-Highway Motor Vehicle Act."

Section 12. Section 66-3-1020 NMSA 1978 (being Laws 2005, Chapter 325, Section 22) is amended to read:

"66-3-1020. PENALTIES.--

A. [Unless the violation is declared a felony, a petty misdemeanor or a citation under the Motor Vehicle Code] A person who violates the provisions of the Off-Highway Motor Vehicle Act is guilty of a penalty assessment misdemeanor [pursuant to Section 66-8-7 NMSA 1978]. A parent, guardian or custodian who causes or knowingly permits a child under the age of eighteen years to operate an off-highway motor vehicle in violation of the provisions of the Off-Highway Motor Vehicle Act is in violation of that act and subject to the same penalty as the child operating the off-highway motor vehicle in violation of that act.

B. [When a person is convicted of a felony or misdemeanor committed while operating an off-highway motor vehicle, the court may order the person to complete a board-certified safety training course] As used in the Off-Highway Motor Vehicle Act, "penalty assessment misdemeanor" means violation of any provision of the Off-Highway Motor Vehicle Act for which a violator may be subject to the following:

CLASS 1 VIOLATIONS SECTION PENALTY

VIOLATED ASSESSMENT

failure to possess a

registration certificate

or nonresident permit 66-3-1010.3 $10.00

violations involving

headlights or taillights 66-3-1010.3 10.00

failure to possess an off-

highway motor vehicle safety permit 66-3-1010.3 10.00

selling a vehicle that produces

noise in excess of ninety-six

decibels 66-3-1010.3 10.00

any violation of the Off-Highway

Motor Vehicle Act not otherwise

specifically defined elsewhere

in this section 66-3-1010.3 10.00

CLASS 2 VIOLATIONS SECTION PENALTY

VIOLATED ASSESSMENT

failure to complete a required

off-highway motor vehicle

safety training course 66-3-1010.2 $50.00

operating a vehicle in excess

of ten miles per hour within

two hundred feet of a business,

animal shelter, horseback

rider, bicyclist, pedestrian,

livestock or occupied

dwelling 66-3-1010.3 50.00

a person under the age of

eighteen but at least

fifteen years of age who

operates an off-highway

motor vehicle in violation

of the supervision requirements

of the Off-Highway Motor Vehicle Act 66-3-1010.3 50.00

operating an off-highway motor

vehicle that produces noise

that exceeds ninety-six

decibels 66-3-1010.3 50.00

unauthorized installation,

removal, destruction or

defacing of a motor

vehicle sign 66-3-1011 50.00

CLASS 3 VIOLATIONS SECTION PENALTY

VIOLATED ASSESSMENT

operating a vehicle that is

not equipped with an approved

spark arrester 66-3-1010.3 $100.00

operating an off-highway

motor vehicle while in

pursuit of and with

intent to hunt or take

a species of animal or bird

protected by law, unless

otherwise authorized by

the state game commission 66-3-1010.3 100.00

operating an off-highway

motor vehicle in pursuit of

or harassment of livestock

in any manner that negatively

affects the livestock's

condition 66-3-1010.3 100.00

operating an off-highway

motor vehicle on or within

an earthen tank or other

structure meant to water

livestock or wildlife 66-3-1010.3 100.00

operating a motor vehicle

in a manner that has a

direct negative effect on

or interferes with persons

engaged in agricultural

practices 66-3-1010.3 100.00

a person under the age of

eighteen operating an

off-highway motor vehicle

without wearing eye

protection and a safety

helmet 66-3-1010.3 100.00

a person under the age of

eighteen operating an

off-highway motor vehicle

while carrying a passenger 66-3-1010.3 100.00

a person under the age of

fifteen but at least ten

years of age who operates

an off-highway motor vehicle

in violation of the supervision

requirements of the Off-Highway Motor Vehicle Act 66-3-1010.3 100.00

a person under the age of

ten operating an all-terrain

vehicle or recreational off-highway

motor vehicle that is not an

age-appropriate size-fit or

who operates an off-highway

motor vehicle in violation

of the supervision requirements

of this section 66-3-1010.3 100.00

CLASS 4 VIOLATIONS SECTION PENALTY

VIOLATED ASSESSMENT

operating an off-highway

motor vehicle in a

careless, reckless or

negligent manner so as

to endanger the person

or property of another 66-3-1010.3 $200.00

operating an off-highway

motor vehicle on any road

or area closed to off-

highway motor vehicle

traffic under local, state

or federal regulations 66-3-1010.3 200.00

operating an off-highway

motor vehicle on a

limited-access highway

or freeway. 66-3-1011 200.00.

C. The penalty for second, third and subsequent violations within a three-year time period shall be increased as follows:

(1) a second violation in a class 1 penalty category involving failure to possess a registration certificate or nonresident permit shall be increased to a class 2 penalty category;

(2) any class 2 or class 3 violation for a second or greater infraction within a three-year period shall be increased to the next-highest penalty assessment category; and

(3) each subsequent violation in a class 4 penalty category will result in an additional penalty of two hundred dollars ($200).

D. Multiple violations for the same incident shall be treated as a single event and shall not result in graduated penalties.

E. 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.

F. 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."

Section 13. A new section of the Off-Highway Motor Vehicle Act is enacted to read:

"[NEW MATERIAL] LEGISLATIVE OVERSIGHT.--In addition to reporting to the legislative finance committee pursuant to the performance review and budgeting process, the department shall report to the appropriate interim committee appointed by the New Mexico legislative council on the status of implementation of the Off-Highway Motor Vehicle Act. The department shall report to the appropriate committee of the legislature on the status of existing and proposed rules and relevant enforcement issues."

Section 14. TEMPORARY PROVISION--TRANSFER OF PERSONNEL, PROPERTY, CONTRACTS, RECORDS AND APPROPRIATIONS.--On July 1, 2009, all records, personnel, appropriations, money, equipment, supplies and other property of the tourism department pursuant to administration and enforcement of the Off-Highway Motor Vehicle Act shall be transferred to the department of game and fish and all contracts pursuant to the Off-Highway Motor Vehicle Act shall be binding and effective on the department of game and fish.

Section 15. REPEAL.--Sections 66-3-1004.1 and 66-3-1016 NMSA 1978 (being Laws 2005, Chapter 325, Section 4 and Laws 1978, Chapter 35, Section 212, as amended) are repealed. Section 16. EMERGENCY.--It is necessary for the public peace, health and safety that this act take effect immediately.

- 33 -