2016 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
Part 11 - OFF-HIGHWAY MOTOR VEHICLES
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.
History: Laws 2005, ch. 325, 22; 2009, ch. 53, 12.
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