New Mexico Statutes
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.
Cross 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.

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