2011 New Mexico Statutes
Chapter 66: Motor Vehicles
Article 3: Registration Laws; Security Interests; Anti-Theft Provisions; Bicycles; Equipment; Unsafe Vehicles; Off-Highway Motor Vehicles; Other Vehicles, 66-3-1 through 66-3-1103
Section 66-3-1020: Penalties.

66-3-1020. Penalties.

A. A person who violates the provisions of the Off-Highway Motor Vehicle Act is guilty of a penalty assessment misdemeanor. 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. 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
VIOLATED PENALTY
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
VIOLATED PENALTY
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
VIOLATED PENALTY
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
VIOLATED PENALTY
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.