A. A driver who is convicted of violating an out-of-service order shall be subject to a civil penalty of not less than two thousand five hundred dollars ($2,500) for a first violation and five thousand dollars ($5,000) for a second or subsequent violation, in addition to disqualification as provided in Subsection C of this section. The director shall collect the penalty upon conviction.

B. An employer who is convicted of a violation of Subsection C of Section 66-5-58 NMSA 1978 shall be subject to a civil penalty of not less than two thousand seven hundred fifty dollars ($2,750) or more than eleven thousand dollars ($11,000). The director shall collect the penalty upon conviction.

C. A driver who is convicted of violating an out-of-service order shall be disqualified for:

(1) not less than ninety days or more than one year if the driver is convicted of a first violation of an out-of-service order;

(2) not less than one year or more than five years if, during any ten-year period, the driver is convicted of two violations of out-of-service orders in separate incidents; and

(3) not less than three years or more than five years if, during any ten-year period, the driver is convicted of three or more violations of out-of-service orders in separate incidents.

History: Laws 1998, ch. 17, § 5; 2000, ch. 71, § 3; 2003, ch. 51, § 6; 2005, ch. 312, § 8; 2009, ch. 200, § 6.

Cross references. — For definition of "out-of-service order", see 66-5-54 NMSA 1978.

The 2009 amendment, effective July 1, 2009, in Subsection A, after "civil penalty of not less than", deleted "one thousand one hundred dollars ($1,100) or more than two thousand seven hundred fifty dollars ($2,700)" and added "two thousand five hundred dollars ($2,500) for a first violation and five thousand dollars ($5,000) for a second or subsequent violation".

The 2005 amendment, effective July 1, 2005, provided in Subsections A and B that the director shall collect the penalty upon conviction.

The 2003 amendment, effective March 19, 2003, rewrote Subsections A and B.

The 2000 amendment, effective May 17, 2000, substituted "not less than one thousand dollars ($1,000) or more than two thousand five hundred dollars ($2,500)" for "not less than ten dollars ($10.00) or more than twenty-five dollars ($25.00)" in Subsection A and substituted "not less than two thousand five hundred dollars ($2,500) or more than ten thousand dollars ($10,000)" for "not less than twenty-five dollars ($25.00) or more than one hundred dollars ($100)" in Subsection B.