2018 New Mexico Statutes
Chapter 66 - Motor Vehicles
Article 8 - Crimes, Penalties and Procedure
Section 66-8-130 - All traffic citations to conform; municipalities may pass ordinance to establish similar program.
A. The uniform traffic citation, in paper or electronic form, shall be used by all state and local agencies enforcing laws and ordinances relating to motor vehicles. A municipality may, by passage of an ordinance, establish a municipal penalty assessment program similar to that established in Sections 66-8-116 through 66-8-117 NMSA 1978 for violations of provisions of the Motor Vehicle Code. Every municipality that has adopted an ordinance to establish a penalty assessment program shall assess on all penalty assessment misdemeanors after January 1, 1984, in addition to the penalty assessment, a penalty assessment fee of ten dollars ($10.00) to be deposited in a special fund in the municipal treasury for use by the municipality only for municipal jailer training; for the construction planning, construction, operation and maintenance of the municipal jail; for paying the costs of housing that municipality's prisoners in other detention facilities in the state; or for complying with match or contribution requirements for the receipt of federal funds relating to jails. Such a municipal program shall be limited to violations of municipal traffic ordinances.
B. If a municipality with a population less than three thousand according to the most recent federal decennial census has a balance in its special fund pursuant to Subsection A of this section that is over the amount projected to be needed for the next fiscal year for the purposes set forth in that subsection, the municipality may transfer the unneeded balance to the municipality's general fund.
C. All penalty assessments under a municipal program authorized by this section shall be processed by the municipal court, and all fines and fees collected shall be deposited in the treasury of the municipality. A copy of each penalty assessment processed shall be forwarded to the division within ten days of completion of local processing for posting to the driver's record. With the prior approval of the director, the required information may be submitted to the division by electronic means in lieu of forwarding copies of the penalty assessments.
D. Each agency shall provide itself with copies conforming exactly in size and format with the uniform traffic citation and the electronic version of the uniform traffic citation if applicable, prescribed by the director, and any alterations to the format to conform with local conditions must be approved by the director.
History: 1953 Comp., § 64-8-130, enacted by Laws 1978, ch. 35, § 538; 1979, ch. 322, § 1; 1983, ch. 134, § 9; 1987, ch. 251, § 4; 1990, ch. 120, § 40; 2013, ch. 192, § 2; 2013, ch. 197, § 4.
Cross references. — For definition of "director", see 66-1-4.4 NMSA 1978.
For reproduction of public records on film, see 14-3-15 NMSA 1978.
For electronic authentication and substitution for signature, see 14-3-15.2 NMSA 1978.
2013 Multiple Amendments. — Laws 2013, ch. 192, § 2 and Laws 2013, ch. 197, § 4 enacted different amendments to this section that can be reconciled. Pursuant to 12-1-8 NMSA 1978, Laws 2013, ch. 197, § 4, as the last act signed by the governor, is set out above and incorporates both amendments. The amendments enacted by Laws 2013, ch. 192, § 2 and Laws 2013, ch. 197, § 4 are described below. To view the session laws in their entirety, see the 2013 session laws on NMOneSource.com.
The nature of the difference between the amendments is that Laws 2013, ch. 192, § 2 provided for the use of municipal court penalty assessment fees for general fund purposes and Laws 2013, ch. 197, § 4 provided for the use of electronic citations.
Laws 2013, ch. 197, § 4, effective July 1, 2013, provided for the use of electronic citations; in Subsection A, in the first sentence, after "uniform traffic citation", added "in paper or electronic form"; and in Subsection D, after "uniform traffic citation", added "and the electronic version of the uniform traffic citation if applicable".
Laws 2013, ch. 192, § 2, effective July 1, 2013, provided for the use of municipal court penalty assessment fees for general fund purposes; and added a new Subsection B and relettered the succeeding subsections.
Temporary provisions. — Laws 2013, ch. 197 § 5 provided that the department of public safety and the motor vehicle division of the taxation and revenue department shall develop procedures to carry out the provisions of Laws 2013, ch. 197, §§ 1 to 4.
The 1990 amendment, effective July 1, 1990, designated the first three sentences of the section as present Subsection A and made minor stylistic changes therein; designated the former fourth sentence as Subsection B, inserted "under a municipal program authorized by this section" therein, and added the second and third sentences in Subsection B; and designated the former fifth sentence as present Subsection C, substituted "format" for "color", and deleted "in language" following "alterations".
The 1987 amendment, effective June 19, 1987, in the third sentence, increased the fee from five to ten dollars, substituted "municipal jailer training, the construction planning, construction, operation and maintenance of the municipal jail" for "constructing, maintaining or operating the municipal jail or", and added all of the language following "state".
Village marshal can issue uniform traffic citation for a violation of a village traffic ordinance. 1961-62 Op. Att'y Gen. No. 61-03.
Agency authorized to issue citations if required to acquire them. — If a traffic enforcement agency is required to provide itself with uniform traffic citations, then that traffic enforcement agency is authorized to issue the citations. 1961-62 Op. Att'y Gen. No. 61-03.
