N.M. Stat. § 66-3-1020 — NM Code / Chapter 66 / Article 3 / Section 66-3-1020
§ 66-3-1020. Penalties
Status: in_force

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

PENALTY

VIOLATED

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

PENALTY

VIOLATED

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

PENALTY

VIOLATED

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

PENALTY

VIOLATED

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.