2006 New Mexico Statutes - 66-5-71 — Penalties for violation of out-of-service orders.

66-5-71. Penalties for violation of out-of-service orders.

A.     A driver who is convicted of violating an  out-of-service order shall be subject to a civil penalty of not less than one thousand one hundred dollars ($1,100) or more than two thousand seven hundred fifty dollars ($2,750), in addition to disqualification as provided in Subsection C of this section.  The director shall collect the penalty upon conviction.

B.     An employer who is convicted of a violation of Subsection C of Section 66-5-58 NMSA 1978 shall be subject to a civil penalty of not less than two thousand seven hundred fifty dollars ($2,750) or more than eleven thousand dollars ($11,000).  The director shall collect the penalty upon conviction.

C.     A driver who is convicted of violating an out-of-service order shall be disqualified for:

(1)     not less than ninety days or more than one year if the driver is convicted of a first violation of an out-of-service order;

(2)     not less than one year or more than five years if, during any ten-year period, the driver is convicted of two violations of out-of-service orders in separate incidents; and

(3)     not less than three years or more than five years if, during any ten-year period, the driver is convicted of three or more violations of out-of-service orders in separate incidents.

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