2017 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.

Universal Citation: NM Stat § 66-3-1020 (2017)

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.

Disclaimer: These codes may not be the most recent version. New Mexico may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.