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.