NM Stat § 66-8-116.2 (2021)
2021 New Mexico Statutes|Chapter 66 - Motor Vehicles|Article 8 - Crimes, Penalties and Procedure|Part 2 - TRAFFIC OFFENSES|Section 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 to 65-2A-41 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. ANNOTATIONSCross references. — For the Motor Carrier Act, see 65-2A-1 NMSA 1978 et seq. The 2008 amendment, effective May 14, 2008, in Subsection A, imposed a penalty assessment for failure to comply with Weight Distance Tax Act requirements. The 2007 amendment, effective July 1, 2007, increased the penalty assessments; added penalty assessments for violation of Sections 66-3-1.1, 65-2A-16, 65-3-8, 65-3-8 and 65-3-11 NMSA 1978; and added Subsection E. Compiler's note. — On September 26, 2007, the New Mexico compilation commission received a letter from the New Mexico Public Regulation Commission dated September 24, 2007, notifying the New Mexico compilation commission that the federal government had taken all action necessary to implement the Unified Carrier Regulation Act of 2005 on August 24, 2007, the date of publication of regulations in the Federal Register. The 2006 amendment, effective January 1, 2007, in Subsection A, changed "65-1-12" to "66-3-1.1" as the section violated for failure to register motor carrier; and added a $50.00 penalty assessment for failure to register with a base state under the federal Unified Carrier Registration Act of 2005. Laws 2006, ch. 71 became effective January 1, 2007, as the New Mexico compilation commission was not notified of a delay as provided by Laws 2007, ch. 71, § 3. The 2003 amendment, effective July 1, 2003, updated internal references in light of the Motor Carrier Act; substituted "carry single state registration receipt issued by a base state" for "register interstate motor carrier with state corporation commission" in Subsection A. The 1995 amendment, effective June 16, 1995, designated the existing provisions as Subsection A and added Subsections B through D. The 1991 amendment, effective July 1, 1991, deleted a penalty assessment of $75.00 for violation of Section 65-1-9, failure to pay motor carrier fees.