2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 7 - Traffic Laws; Signs, Signals and Markings; Accidents; Weight and Size; Traffic Safety › Part 4 - TRAFFIC LAWS GENERALLY › Section 66-7-352.5 - Unauthorized use; penalties.

A. It is unlawful for any person to park a motor vehicle not displaying a special registration plate or a parking placard issued pursuant to Section 66-3-16 NMSA 1978 in a designated accessible parking space for persons with significant mobility limitation.
B. It is unlawful for any person to park a motor vehicle in such a manner so as to block access to:
(1) any part of a curb cut designed for access by persons with significant mobility limitation; or
(2) a designated accessible parking space for persons with significant mobility limitation.
C. A person convicted of violating Subsection A or B of this section is subject to a fine of not less than two hundred fifty dollars ($250) or more than five hundred dollars ($500). Failure to properly display a parking placard or special registration plate issued pursuant to Section 66-3-16 NMSA 1978 is not a defense against a charge of violation of Subsection A or B of this section.
D. A vehicle parked in violation of Subsection A or B of this section is subject to being towed at the expense of the vehicle owner upon authorization by law enforcement personnel or by the property owner or manager of a parking lot.
E. A law enforcement officer may issue a citation or authorize towing of a vehicle for a violation of Subsection A or B of this section regardless of the presence of the driver.
History:
Laws 1983, ch. 45, § 5; 1993, ch. 187, § 1; 1999, ch. 297, § 10; 2006, ch. 48, § 1; 2007, ch. 319, § 61; 2010, ch. 74, § 5; 2019, ch. 265, § 1.
ANNOTATIONS
The 2019 amendment,
effective June 14, 2019, made it unlawful for any person to park a motor vehicle in such a manner so as to block access to a designated accessible parking space for persons with a significant mobility limitation; and in Subsection B, added new paragraph designation "(1)" and added Paragraph B(2).
The 2010 amendment,
effective May 19, 2010, added Subsection E.
The 2007 amendment,
effective June 15, 2007, changed "disabled parking space" to "parking space for persons with significant mobility limitation" and changed "persons with severe mobility impairment" to "persons with significant mobility limitation".
The 2006 amendment,
effective May 17, 2006, increased the fine from not less than $100 and not more than $300 to not less than $250 and not more than $500 in Subsection C.
The 1999 amendment,
effective June 18, 1999, substituted "penalties" for "penalty" in the section heading, rewrote Subsection A to the extent that a detailed comparison is impracticable, deleted former Subsection B which stated that a person charged with a violation of Subsection A shall not be determined to have committed an infraction if he produced in court, or demonstrated that he was entitled to, special disabled registration plates, and added present Subsections B to D.
The 1993 amendment,
effective June 18, 1993, in Subsection A, substituted "fifty-dollar ($50.00)" for "twenty-five dollar ($25.00)" and made a stylistic change in the second sentence.