A. Violation of Section 65-5-1, 65-5-2 or 66-3-1.1 NMSA 1978 is a misdemeanor punishable by a fine of not less than one hundred dollars ($100) or more than five hundred dollars ($500) or imprisonment not exceeding ninety days or by both the fine and imprisonment.

B. Violation of any section of the Motor Transportation Act other than a violation of Section 65-1-26, 65-1-36.1, 66-5-1, 65-5-2 or 66-3-1.1 NMSA 1978 or of the Motor Carrier Safety Act [65-3-1 to 65-3-14 NMSA 1978] is a misdemeanor punishable by a fine of not more than one hundred dollars ($100) or by imprisonment not exceeding thirty days or by both the fine and imprisonment or is subject to the penalty assessment and fee provisions pursuant to Sections 66-8-116 through 66-8-116.3 NMSA 1978.

C. The payment of a fine under the provisions of any act under the jurisdiction of the department pursuant to the Motor Transportation Act shall not relieve the offender from the payment of any fees or taxes or from any other of the provisions of the Motor Transportation Act.

D. The department may, for the proper enforcement of the duties imposed upon the department pursuant to the Motor Transportation Act, detain any motor vehicle whose operator or owner is in violation of any law the department is empowered under the Motor Transportation Act to administer or enforce.

History: 1953 Comp., § 64-34-27, enacted by Laws 1978, ch. 16, § 1; 1989, ch. 319, § 5; 1992, ch. 106, § 14; 2007, ch. 209, § 2.

Repeals and reenactments. — Laws 1978, ch. 16, § 1, repealed 64-34-27, 1953 Comp. (former 65-1-36 NMSA 1978), relating to penalty for violations, and enacted a new 65-1-36 NMSA 1978.

The 2007 amendment, effective July 1, 2007, changed references from Section 65-1-12 NMSA 1978 to Sections 65-5-1 and 66-3-1.1 NMSA 1978.

The 1992 amendment, effective July 1, 1992, inserted "or 65-5-2", and substituted "the fine" for "such fine" in Subsection A; rewrote Subsection B; substituted "department pursuant to the Motor Transportation Act" for "division" in Subsection C; and, in Subsection D, substituted "department" for "division" near the beginning of the subsection, substituted "department pursuant to the Motor Transportation Act" for "division" near the middle of the section, and substituted "department is empowered under the Motor Transportation Act" for "division is empowered" near the end of the subsection.

The 1989 amendment, effective July 1, 1989, in Subsections A and B, substituted "Section 65-1-12 NMSA 1978" for "Section 64-34-14 NMSA 1953"; in Subsection B, inserted "or is subject to the penalty assessment provisions pursuant to Section 66-8-116 NMSA 1978"; in Subsection C, deleted "motor transportation" preceding "division"; and, in Subsection D, substituted "violation of any law that the division is empowered to administer or enforce" for "violation of the Motor Transportation Act"; and made minor stylistic changes.

Jurisdiction of magistrate court. — Section 35-3-4 NMSA 1978, prior to its 1973 amendment, did not give magistrate courts jurisdiction to try cases arising out of violations of the Motor Transportation Act. 1969 Op. Att'y Gen. No. 69-53 (opinion rendered under former law).

Am. Jur. 2d, A.L.R. and C.J.S. references. — Am. Jur. 2d Automobiles and Highway Traffic §§ 312 to 346.

60 C.J.S. Motor Vehicles § 135.