HOUSE BUSINESS AND INDUSTRY COMMITTEE SUBSTITUTE FOR

HOUSE BILL 593

48th legislature - STATE OF NEW MEXICO - second session, 2008

 

 

 

 

 

 

 

AN ACT

RELATING TO MOTOR VEHICLES; ESTABLISHING PENALTY ASSESSMENTS AND FEES FOR VIOLATION OF PROVISIONS OF THE MANDATORY FINANCIAL RESPONSIBILITY ACT; CLARIFYING PROCEDURES FOLLOWING THE ISSUANCE OF A CITATION FOR VIOLATION OF THE MANDATORY FINANCIAL RESPONSIBILITY ACT; ALLOWING LAW ENFORCEMENT OFFICERS TO VERIFY FINANCIAL RESPONSIBILITY BY CHECKING COMPUTER DATABASES; MAKING AN APPROPRIATION.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     Section 1. Section 66-5-33.1 NMSA 1978 (being Laws 1985, Chapter 47, Section 1, as amended) is amended to read:

     "66-5-33.1. REINSTATEMENT OF DRIVER'S LICENSE OR REGISTRATION--FEE.--

          A. Whenever a driver's license or registration is suspended or revoked and an application has been made for its reinstatement, compliance with all appropriate provisions of the Motor Vehicle Code and the payment of a fee of twenty-five dollars ($25.00) is a prerequisite to the reinstatement of any license or registration.

          B. If a driver's license was suspended or revoked for driving while under the influence of intoxicating liquor or drugs, for aggravated driving while under the influence of intoxicating liquor or drugs or for a violation of the Implied Consent Act, an additional fee of seventy-five dollars ($75.00) is required to be paid to reinstate the driver's license. Fees collected pursuant to this subsection are appropriated to the local governments road fund. The department shall maintain an accounting of the fees collected pursuant to this subsection and shall report that amount upon request to the legislature.

          C. If the registration for a vehicle was suspended for failure to comply with the requirements of the Mandatory Financial Responsibility Act, an additional fee of seventy-five dollars ($75.00) is required to be paid to reinstate the vehicle registration. Fees collected pursuant to this subsection are appropriated to the motor vehicle division of the department for the purpose of enforcing the Mandatory Financial Responsibility Act. The department shall maintain an accounting of the fees collected pursuant to this subsection and shall report that amount upon request to the legislature."

     Section 2. Section 66-5-205 NMSA 1978 (being Laws 1983, Chapter 318, Section 6, as amended) is amended to read:

     "66-5-205. VEHICLE MUST BE INSURED OR OWNER MUST HAVE EVIDENCE OF FINANCIAL RESPONSIBILITY--PENALTIES.--

          A. No owner shall permit the operation of an uninsured motor vehicle, or a motor vehicle for which evidence of financial responsibility as was affirmed to the department is not currently valid, upon the streets or highways of New Mexico unless the vehicle is specifically exempted from the provisions of the Mandatory Financial Responsibility Act.

          B. No person shall drive an uninsured motor vehicle, or a motor vehicle for which evidence of financial responsibility as was affirmed to the department is not currently valid, upon the streets or highways of New Mexico unless [he] the person is specifically exempted from the provisions of the Mandatory Financial Responsibility Act.

          C. For the purposes of the Mandatory Financial Responsibility Act, "uninsured motor vehicle" means a motor vehicle for which there is not in effect either:

                (1) a motor vehicle insurance policy meeting the requirements of the laws of New Mexico and of the secretary [is not in effect]; or

                (2) a surety bond or evidence of a sufficient cash deposit with the state treasurer.

          D. The provisions of the Mandatory Financial Responsibility Act requiring the deposit of evidence of financial responsibility as provided in Section 66-5-218 NMSA 1978, subject to certain exemptions, may apply with respect to persons who have been convicted of or forfeited bail for certain offenses under motor vehicle laws or who have failed to pay judgments or written settlement agreements upon causes of action arising out of ownership, maintenance or use of vehicles of a type subject to registration under the laws of New Mexico.

          E. Any person who violates the provisions of this section [is guilty of a misdemeanor and upon conviction shall be sentenced to a fine not to exceed three hundred dollars ($300)] commits a penalty assessment misdemeanor for which the penalty assessment is provided in Section 66-8-116 NMSA 1978."

     Section 3. Section 66-5-205.1 NMSA 1978 (being Laws 1989, Chapter 214, Section 1, as amended) is amended to read:

     "66-5-205.1. UNINSURED MOTORIST CITATION--REQUIREMENTS TO BE FOLLOWED AT TIME OF [ACCIDENT] CITATION--SUBSEQUENT PROCEDURES--INSURER NOTIFICATION REQUIREMENTS--SUSPENSION PROCEDURES.--

          A. When a law enforcement officer issues to a driver [who is involved in an accident] a citation for failure to comply with the provisions of the Mandatory Financial Responsibility Act, the law enforcement officer [shall] may at the same time:

                (1) issue to the driver cited a temporary operation sticker that indicates the motor vehicle is in violation of the Mandatory Financial Responsibility Act, valid for thirty days after the date the sticker is issued, and forward by mail or delivery to the department a duplicate of the issued sticker; and

                (2) remove the license plate from the vehicle and send it with the duplicate of the sticker to the department or, if it cannot be removed, permanently deface the plate.

          B. The issuance of a temporary operation sticker to a driver by a law enforcement officer pursuant to Paragraph (1) of Subsection A of this section shall not create any liability on the part of the officer or the department for damages arising from the future operation of the vehicle.

          [B.] C. The department shall return or replace, in its discretion, a license plate removed under the provisions of Paragraph (2) of Subsection A of this section or replace a license plate defaced under that paragraph when the person cited for failure to comply with the provisions of the Mandatory Financial Responsibility Act furnishes proof of compliance to the department and pays to the division a reinstatement fee of [twenty-five dollars ($25.00)] one hundred dollars ($100). If a person to whom the temporary operation sticker is issued furnishes to the department, within fifteen days after the issuance of the sticker, evidence of financial responsibility in compliance with the Mandatory Financial Responsibility Act and in effect on the date and at the time of the issuance of the sticker, the department shall replace or return the license plate and waive the [twenty-five-dollar ($25.00)] reinstatement fee.

         [C.] D. The secretary shall adopt and promulgate rules prescribing the form and use of the sticker required to be issued under Subsection A of this section.

         [D.] E. The secretary shall adopt and promulgate rules requiring insurance carriers to report canceled, terminated and newly issued motor vehicle insurance policies each month to the department. Information pertaining to each motor vehicle shall be made a part of that vehicle file for one year.

         [E.] F. Within ten days of notification by the insurance carrier of a termination or cancellation of a motor vehicle insurance policy, the department shall demand satisfactory evidence from the owner of the motor vehicle that [he] the owner meets the requirements of the Mandatory Financial Responsibility Act. Failure to provide evidence of financial responsibility within twenty days after the department has mailed its demand for proof:

             (1) constitutes reasonable grounds to believe that a person is operating a motor vehicle in violation of the provisions of Section 66-5-205 NMSA 1978; and

             (2) requires the department to suspend the person's registration as provided in Section 66-5-236 NMSA 1978.

         [F.] G. The department shall notify the superintendent of insurance if an insurance carrier fails to provide monthly reports to the department regarding motor vehicle insurance policy information as required by Subsection D of this section."

    Section 4. Section 66-5-229 NMSA 1978 (being Laws 1978, Chapter 35, Section 318, as amended) is amended to read:

    "66-5-229. DURATION OF EVIDENCE--WHEN FILING OF EVIDENCE

MAY BE WAIVED--PENALTY.--

         A. The department shall, upon request, consent to the immediate cancellation of any bond or the department shall direct and the state treasurer shall return to the person entitled thereto any money deposited pursuant to the Mandatory Financial Responsibility Act as evidence of financial responsibility or the department shall waive the requirement of filing evidence of financial responsibility in any of the following events:

             (1) after one year of providing satisfactory evidence as specified in Section 66-5-218 NMSA 1978;

             (2) the death of the person on whose behalf evidence was filed or the permanent incapacity of the person to operate a motor vehicle; or

             (3) the person who has filed evidence surrenders [his] the person's license and registration to the department.

         B. [Provided, however, that] The department shall not consent to the cancellation of any bond or the return of any money or waive the requirement of filing evidence of financial responsibility in the event any action for damages upon a liability covered by the evidence is then pending or any judgment upon any such liability is then unsatisfied or in the event the person who has filed the bond or deposited the money has, within one year immediately preceding the request, been involved as a driver or owner in any motor vehicle accident resulting in injury or damage to the person or property of others. An affidavit of the applicant as to the nonexistence of such facts or that [he] the applicant has been released from all of [his] the applicant's liability or has been finally adjudicated not to be liable for such injury or damage shall be sufficient evidence thereof in the absence of evidence to the contrary in the records of the department.

         C. Every owner or operator of a vehicle subject to the requirements of the Mandatory Financial Responsibility Act shall carry evidence of financial responsibility as defined by that act in the vehicle at all times while the vehicle is in operation on the highways of this state. The failure to comply with this subsection shall be a penalty assessment misdemeanor and shall be punishable [by the penalty set forth in Section 66-8-7] as provided in Section 66-8-116 NMSA 1978; provided that a law enforcement officer shall not charge a person with a violation of this section if the officer can verify the person's compliance with the Mandatory Financial Responsibility Act by checking a computer database of motor vehicle information immediately available to the officer; and provided further that no person charged with violating this section shall be convicted if [he] the person produces in court evidence of financial responsibility valid at the time of issuance of the citation."

    Section 5. Section 66-8-116 NMSA 1978 (being Laws 1978, Chapter 35, Section 524, as amended) is amended to read:

    "66-8-116. PENALTY ASSESSMENT MISDEMEANORS--

DEFINITION--SCHEDULE OF ASSESSMENTS.--

         A. As used in the Motor Vehicle Code, "penalty assessment misdemeanor" means violation of any of the following listed sections of the NMSA 1978 for which, except as provided in Subsections D and E of this section, the listed penalty assessment is established:

COMMON NAME OF OFFENSE       SECTION VIOLATED PENALTY

                                                ASSESSMENT

Permitting unlicensed

  minor to drive              66-5-40              $ 10.00

Failure to obey sign         66-7-104              10.00

Failure to obey signal       66-7-105              10.00

Speeding                     66-7-301

  (1) up to and including

      ten miles an hour

      over the speed limit                          15.00

  (2) from eleven up to

      and including fifteen

      miles an hour

      over the speed limit                          30.00

  (3) from sixteen up to

      and including twenty

      miles an hour over the

      speed limit                                    65.00

  (4) from twenty-one up to

      and including twenty-five

      miles an hour

      over the speed limit                          100.00

  (5) from twenty-six up to

      and including thirty

      miles an hour over the

      speed limit                                   125.00

  (6) from thirty-one up to

      and including thirty-five

      miles an hour over the

      speed limit                                   150.00

  (7) more than thirty-five

      miles an hour over the

      speed limit                                   200.00

Unfastened safety belt       66-7-372               25.00

Child not in restraint device

  or seat belt                66-7-369               25.00

Minimum speed                66-7-305               10.00

Speeding                     66-7-306               15.00

Improper starting            66-7-324               10.00

Improper backing             66-7-354               10.00

Improper lane                66-7-308               10.00

Improper lane                66-7-313               10.00

Improper lane                66-7-316               10.00

Improper lane                66-7-317               10.00

Improper lane                66-7-319              10.00

Improper passing      66-7-309 through 66-7-312    10.00

Improper passing             66-7-315               10.00

Controlled access

  violation                   66-7-320               10.00

Controlled access

  violation                   66-7-321               10.00

Improper turning             66-7-322               10.00

Improper turning             66-7-323               10.00

Improper turning             66-7-325               10.00

Following too closely        66-7-318               10.00

Failure to yield      66-7-328 through 66-7-331    10.00

Failure to yield             66-7-332               50.00

Failure to yield             66-7-332.1             25.00

Pedestrian violation         66-7-333               10.00

Pedestrian violation         66-7-340               10.00

Failure to stop       66-7-342 and 66-7-344

                      through 66-7-346             10.00

Railroad-highway grade

  crossing violation   66-7-341 and 66-7-343        10.00

Passing school bus           66-7-347              100.00

Failure to signal     66-7-325 through 66-7-327    10.00

Failure to secure load       66-7-407              100.00

Operation without oversize-

  overweight permit           66-7-413               50.00

Improper equipment           66-3-801               10.00

Improper equipment           66-3-901               20.00

Improper emergency

  signal               66-3-853 through 66-3-857    10.00

Operation interference       66-7-357                5.00

Littering                    66-7-364              300.00

Improper parking      66-7-349 through 66-7-352

                      and 66-7-353                  5.00 

Improper parking             66-3-852                5.00

Failure to dim lights        66-3-831               10.00

Riding in or towing

  occupied house trailer      66-7-366                5.00

Improper opening of doors    66-7-367                5.00

No slow-moving vehicle

  emblem or flashing

  amber light                 66-3-887                5.00

Open container - first

  violation                   66-8-138               25.00

Uninsured motor vehicle      66-5-205               75.00

Evidence of financial

responsibility               66-5-229               75.00.

         B. The term "penalty assessment misdemeanor" does not include a violation that has caused or contributed to the cause of an accident resulting in injury or death to a person.

         C. When an alleged violator of a penalty assessment misdemeanor elects to accept a notice to appear in lieu of a notice of penalty assessment, a fine imposed upon later conviction shall not exceed the penalty assessment established for the particular penalty assessment misdemeanor and probation imposed upon a suspended or deferred sentence shall not exceed ninety days; provided that a fine imposed upon later conviction for a violation of Section 66-5-205 or 66-5-229 NMSA 1978 shall not be less than the penalty assessment established in Subsection A of this section for that violation, nor shall the fine be suspended, deferred or taken under advisement.

         D. The penalty assessment for speeding in violation of Paragraph (4) of Subsection A of Section 66-7-301 NMSA 1978 is twice the penalty assessment established in Subsection A of this section for the equivalent miles per hour over the speed limit.

         E. Upon a second conviction for operation without a permit for excessive size or weight pursuant to Section 66-7-413 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)."

    Section 6. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2008.

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