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 | SECTION | PENALTY | ||
| 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 | SECTION | PENALTY | |
| 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 | SECTION | PENALTY | |
| 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 | SECTION | PENALTY | |
| 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.