A. Except as otherwise provided by law, a vehicle or combination shall not be operated upon the public highways of this state when the gross vehicle weight or gross combination vehicle weight exceeds the declared gross weight. Any person violating the provisions of this section shall be:
(1) assessed a penalty for the lapsed portion of the registration period in an amount equal to the difference between the fee for the declared gross weight and the fee for the gross vehicle weight or gross combination vehicle weight at which the vehicle or combination was weighed; and
(2) required to register the vehicle or combination at the higher declared gross weight in accordance with the weight at the time of the violation for the remainder of the registration period and to pay that fee.
B. Such registration shall not be construed to authorize the movement of loads in violation of the state's size and weight laws.
History: 1953 Comp., § 64-3-21, enacted by Laws 1978, ch. 35, § 41; 2007, ch. 319, § 22.
Cross references. — For weight and size limitations, see 66-7-401 to 66-7-416 NMSA 1978.
The 2007 amendment, effective June 15, 2007, changed "combination gross vehicle weight" to "gross combination vehicle weight".
Structure New Mexico Statutes
Part 1 - REGISTRATION, CERTIFICATES OF TITLE AND REGISTRATION PLATES GENERALLY
Section 66-3-1 - Vehicles subject to registration; exceptions.
Section 66-3-1.1 - Motor carriers required to register with the department.
Section 66-3-1.2 - Registration; declared gross weight.
Section 66-3-1.3 - Unregistered foreign commercial motor carrier vehicle operations.
Section 66-3-1.4 - Motorcycle endorsement not required for autocycle operation.
Section 66-3-2 - Registration; trailers, semitrailers, pole trailers and freight trailers.
Section 66-3-2.1 - Full reciprocity registration; application; fee; formula; payment.
Section 66-3-2.3 - Full reciprocity registration; jurisdictions.
Section 66-3-2.4 - Registration of additional motor vehicles.
Section 66-3-2.5 - Withdrawal of fleet motor vehicles; notification; surrender of documents.
Section 66-3-2.6 - Preservation of international registration plan records; audit.
Section 66-3-2.7 - New registrant; estimated mileage.
Section 66-3-2.8 - Fleet registration; denial.
Section 66-3-2.9 - Relationship to other state laws.
Section 66-3-2.10 - Registration under the international registration plan not exclusive.
Section 66-3-3 - Registration card; special plate or sticker; declared gross weight.
Section 66-3-3.1 - Tax identification permit.
Section 66-3-5 - Application for specially constructed, reconstructed or foreign vehicles.
Section 66-3-6 - Temporary registration permits, demonstration permits and transport permits.
Section 66-3-7 - Grounds for refusing, suspending or revoking registration or certificate of title.
Section 66-3-8 - Examination of registration records and index of stolen and recovered vehicles.
Section 66-3-9 - Registration indexes.
Section 66-3-11 - Director may authorize issuance of nonnegotiable certificates of title.
Section 66-3-12 - Evidential value of certificate.
Section 66-3-13 - Evidence of registration to be signed and exhibited on demand.
Section 66-3-14.1 - County name stickers.
Section 66-3-15 - Special registration plates; procedures; fee.
Section 66-3-16.1 - Prohibited acts; penalties.
Section 66-3-17 - Registration plate; replacement of plate.
Section 66-3-20 - Renewal of registration; vehicles registered by declared gross weight.
Section 66-3-21 - Vehicle exceeding declared gross weight.
Section 66-3-22 - Re-registration; change in declared gross weight.
Section 66-3-23 - Notice of change of address or name.
Section 66-3-24 - Lost or damaged certificates, registration evidence or plates.
Section 66-3-25 - Division may assign new identifying number.
Section 66-3-27 - Horseless carriage registration.
Section 66-3-28 - State government registration plates; issuance approved.