2015 New Mexico Statutes
Chapter 66 - Motor Vehicles
Section 8 Crimes, Penalties and Procedure
Section 2 TRAFFIC OFFENSES
Section 66-8-116.2 Penalty assessment misdemeanors; Motor Carrier Act.
66-8-116.2. Penalty assessment misdemeanors; Motor Carrier Act.
As used in the Motor Vehicle Code [66-1-1 NMSA 1978] and the Motor Carrier Act [65-2A-1 NMSA 1978], "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).
History: 1978 Comp., 66-8-116.2, enacted by Laws 1989, ch. 319, 13; 1991, ch. 160, 21; 1995, ch. 135, 25; 2003, ch. 359, 43; 2006, ch. 71, 2; 2007, ch. 209, 14; 2008, ch. 31, 1.
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