NM Stat § 66-3-1020 (2021)
2021 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.

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. ANNOTATIONSThe 2009 amendment, effective April 1, 2009, in Subsection A, deleted the former language which provided that unless the violation is a felony, a petty misdemeanor or a citation under the Motor Vehicle Code, the violation was a misdemeanor and added the last sentence; in Subsection B, deleted language which provided that when a person is convicted of a felony or misdemeanor, the court may order the person to complete a safety training program and completely rewrote Subsection B; and added Subsections C, D, E and F. Application to driving an off-road vehicle while intoxicated. — Section 66-8-102 NMSA 1978 governs the punishment of the offense of driving an off-road vehicle while intoxicated, not Section 66-3-1020 NMSA of the Off-Highway Motor Vehicle Act. State v. Natoni, 2012-NMCA-062, 280 P.3d 304, cert. denied, 2012-NMCERT-005. Where defendant, who was driving an off-road vehicle on a public road while intoxicated, crashed into a telephone pole; a passenger in the off-road vehicle was injured in the collision; and defendant pled no contest to DWI under Section 66-3-101 NMSA 1978 of the Off-Highway Motor Vehicle Act, defendant's sentence was governed by Section 66-8-102 NMSA 1978, not by Section 66-3-1020 NMSA 1978 of the Off-Highway Motor Vehicle Act. State v. Natoni, 2012-NMCA-062, 280 P.3d 304, cert. denied, 2012-NMCERT-005.