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AN ACT
RELATING TO MOTOR VEHICLES; ALLOWING DETENTION OF VEHICLES
FOR FAILURE TO PAY WEIGHT DISTANCE TAX; PROVIDING INCREASED
PENALTIES FOR VIOLATIONS OF WEIGHT LIMITATIONS AND FOR
FAILURE TO STOP AT EVERY PORT OF ENTRY AND TO CARRY A TAX
IDENTIFICATION PERMIT OR A PERMIT FOR EXCESSIVE SIZE OR
WEIGHT; INCREASING THE LENGTH LIMITATION FOR BUSES OPERATING
ON NATIONAL NETWORK HIGHWAYS AND COMBINATION VEHICLES OR
SADDLE-MOUNT VEHICLES THAT ARE SPECIALIZED EQUIPMENT;
RESTRICTING APPLICATION OF MAXIMUM DRIVING AND ON-DUTY TIME
VIOLATION PENALTIES TO A PASSENGER CARRIER TRANSPORTATION;
ELIMINATING FEES FOR CERTAIN POLICE ESCORTS; PROVIDING
ADDITIONAL MAXIMUM DRIVING AND ON-DUTY TIME PENALTIES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. Section 65-1-26 NMSA 1978 (being Laws 1967,
Chapter 97, Section 16, as amended) is amended to read:
"65-1-26. DOCUMENTS--REQUIRED IN EACH COMMERCIAL MOTOR
CARRIER VEHICLE--DETENTION OF VEHICLES.--
A. A commercial motor carrier vehicle operated on
a New Mexico public highway by a motor carrier required to be
registered with the department shall have in it at all times:
(1) proof of payment of the trip tax; or
(2) both evidence of registration and a tax
identification permit issued by the department.
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B. The driver of the vehicle shall be able to
display either proof of payment of the trip tax or both the
evidence of registration and the tax identification permit
upon request by any law enforcement officer or any employee
of the department.
C. Upon failure of the driver to display either
proof of payment of the trip tax or evidence of registration,
it shall be presumed that the vehicle is subject to
registration under the laws of New Mexico unless it can be
demonstrated that the vehicle is exempt from registration
requirements of the Motor Vehicle Code. A vehicle presumed
subject to registration may be detained until registration,
including payment of all required fees, is completed.
D. Upon failure of the driver to display either
proof of payment of the trip tax or a tax identification
permit issued by the department, the trip tax shall be
presumed due. A vehicle presumed subject to the trip tax may
be detained until the trip tax is paid.
E. A commercial motor carrier vehicle subject to
and not in compliance with the weight distance requirements
of the Weight Distance Tax Act may be detained until the tax
is paid. A nonfiler or zero-filer status or an inactive
weight distance account is proof of failure to pay the weight
distance tax."
Section 2. Section 65-1-36 NMSA 1978 (being Laws 1978,
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Chapter 16, Section 1, as amended) is amended to read:
"65-1-36. PENALTY FOR VIOLATIONS OF ACT.--
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 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
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is empowered under the Motor Transportation Act to administer
or enforce."
Section 3. Section 65-5-2 NMSA 1978 (being Laws 1943,
Chapter 125, Section 9, as amended) is amended to read:
"65-5-2. PROOF OF COMPLIANCE--SCHEDULE OF PENALTIES.--
Except as otherwise provided in this section, a commercial
motor carrier vehicle having a gross vehicle weight or
combination gross vehicle weight of over twenty-six thousand
pounds shall not travel on New Mexico highways without either
proof that the trip tax has been paid for the movement of the
vehicle or both evidence of registration and a tax
identification permit issued by the department, unless that
vehicle is exempt from the weight distance tax. The
department may, by regulation, exempt portions of a highway
from the requirements of this section if those portions are
prior to reaching a port of entry where the trip tax may be
paid."
Section 4. Section 66-3-1.1 NMSA 1978 (being Laws 1978,
Chapter 18, Section 1, as amended) is amended to read:
"66-3-1.1. MOTOR CARRIERS REQUIRED TO REGISTER WITH THE
DEPARTMENT.--
A. All motor carriers desiring and eligible for
annual registration provisions relating to proportional
registration or full reciprocity shall register their
vehicles with the department. The department shall register
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all motor carriers who satisfy all New Mexico requirements
relating to motor carriers, but may refuse to register any
vehicle subject to the federal heavy vehicle use tax imposed
by Section 4481 of the United States Internal Revenue Code of
1986 without proof of payment of such tax in the form
prescribed by the secretary of the treasury of the United
States. Registration of motor carrier vehicles with the
department shall remain in force during the calendar
registration year as specified in Section 65-1-13 or 66-3-2.1
NMSA 1978 unless suspended or canceled by the department for
noncompliance with any New Mexico motor vehicle or motor
carrier requirements.
B. In addition to the provisions of Subsection A
of this section, motor carriers operating vehicles subject to
the weight distance tax pursuant to the Weight Distance Tax
Act or vehicles subject to special fuel user permit
requirements pursuant to the Special Fuels Supplier Tax Act
shall apply for a tax identification permit."
Section 5. Section 66-3-3.1 NMSA 1978 (being Laws 1992,
Chapter 106, Section 7, as amended) is amended to read:
"66-3-3.1. TAX IDENTIFICATION PERMIT.--The department
shall implement a system for identifying motor carriers
subject to the weight distance tax and special fuel user
permit requirements, including an identifying number for each
motor carrier covered by the system. Annually, the
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department shall issue one or more original tax
identification permits sufficient for the number of vehicles
specified by each motor carrier who applies for a tax
identification permit; provided that the motor carrier
continues to be subject to and in compliance with the weight
distance tax and special fuel user permit requirements. The
tax identification permit shall contain the department's
identifying number for the motor carrier and other
information that the department deems necessary. A tax
identification permit shall be issued within fourteen days of
the date on the form of payment for the permit, including
cashier's checks and money orders, submitted with the
application for the permit."
Section 6. Section 66-7-207 NMSA 1978 (being Laws 1978,
Chapter 35, Section 396, as amended) is amended to read:
"66-7-207. WRITTEN REPORTS OF ACCIDENTS.--
A. The driver of a vehicle involved in an accident
resulting in bodily injury to or death of any person or total
property damage to an apparent extent of five hundred dollars
($500) or more shall, within five days after the accident,
forward a written report of the accident to the department of
transportation.
B. The department of transportation may require
any driver of a vehicle involved in an accident of which
report must be made as provided in this section to file
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supplemental reports whenever the original report is
insufficient in the opinion of the department of
transportation and may require witnesses of accidents to
render reports concerning the accidents to the department of
transportation.
C. Every law enforcement officer who, in the
regular course of duty, investigates a motor vehicle accident
of which report must be made as required in this section,
either at the time of and at the scene of the accident or
thereafter by interviewing participants or witnesses, shall,
within twenty-four hours after completing the investigation,
forward a written report of the accident to the department of
transportation. A law enforcement officer shall also, within
twenty-four hours after completing the investigation, forward
the written report of the accident to the motor
transportation division of the department of public safety if
the accident involves a commercial motor vehicle and results
in:
(1) bodily injury to any person and the
person is transported to a medical facility for immediate
medical attention;
(2) the death of any person; or
(3) any vehicle involved in the accident
being towed from the scene due to disabling damage caused by
the accident."
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Section 7. Section 66-7-314 NMSA 1978 (being Laws 1978,
Chapter 35, Section 418, as amended) is amended to read:
"66-7-314. MOVEMENT OF HAZARDOUS VEHICLE--ESCORT MAY BE
REQUIRED.--When, in the judgment of the motor transportation
division of the department of public safety or local
authorities with respect to highways under their
jurisdiction, the movement of any vehicle is deemed a hazard
to traffic upon a highway over which the vehicle is to
travel, the granting of permission for the movement of the
vehicle may be conditioned upon a special escort accompanying
the hazardous vehicle."
Section 8. Section 66-7-404 NMSA 1978 (being Laws 1978,
Chapter 35, Section 475, as amended) is amended to read:
"66-7-404. HEIGHT AND LENGTH OF VEHICLES AND LOADS.--
A. A vehicle shall not exceed a height of fourteen
feet.
B. A vehicle shall not exceed a length of forty
feet extreme overall dimension and no motor home shall exceed
a length of forty-five feet extreme overall dimension,
exclusive of front and rear bumpers, except when operated in
combination with another vehicle as provided in this section.
A bus may exceed a length of forty-five feet when operating
on national network highways. A combination of vehicles,
unless otherwise exempted in this section, shall not exceed
an overall length of sixty-five feet, exclusive of front and
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rear bumpers.
C. A combination of vehicles coupled together
shall not consist of more than two units, except:
(1) a truck tractor and semitrailer shall be
permitted to pull one trailer;
(2) a vehicle shall be permitted to pull two
units, provided that the middle unit is equipped with brakes
and has a weight equal to or greater than the last unit and
the total combined gross weight of the towed units does not
exceed the manufacturer's stated gross weight of the towing
units;
(3) a double or triple saddle-mount or fifth
wheel mount of vehicles in transit by driveaway-towaway
methods shall be permitted;
(4) vehicles and trailers operated by or
under contract for municipal refuse systems;
(5) farm trailers, implements of husbandry
and fertilizer trailers operated by or under contract to a
farmer or rancher in farming or ranching operations; and
(6) as provided in Subsections D through G
of this section.
D. Exclusive of safety and energy conservation
devices, refrigeration units and other devices such as
coupling devices, vehicles operating a truck tractor
semitrailer or truck tractor semitrailer-trailer combinations
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on the interstate highway system and those qualifying federal
aid primary system highways designated by the secretary of
the United States department of transportation, pursuant to
the federal Surface Transportation Assistance Act of 1982,
Public Law 97-424, Section 411, and on those highways
designated by the department by rule or regulation with the
concurrence of the New Mexico department of transportation
may exceed an overall length limitation of sixty-five feet,
provided that the length of the semitrailer in a truck
tractor semitrailer combination does not exceed fifty-seven
feet six inches and the length of the semitrailer or trailer
in a truck tractor semitrailer-trailer combination does not
exceed twenty-eight feet six inches. The department of
public safety shall adopt rules and regulations granting
reasonable access to terminals, facilities for food, fuel,
repairs and rest and points of loading and unloading for
household goods carriers to vehicles operating in combination
pursuant to this subsection. As used in this subsection,
"truck tractor" means a non-cargo carrying power unit
designed to operate in combination with a semitrailer or
trailer, except that a truck tractor and semitrailer engaged
in the transportation of automobiles may transport motor
vehicles on part of the truck tractor.
E. The following combination vehicles are
specialized equipment and may exceed an overall length of
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sixty-five feet pursuant to the Code of Federal Regulations,
Title 23, Section 658.13:
(1) automobile transporters;
(2) boat transporters;
(3) beverage semitrailers; and
(4) munitions carriers using dromedary
equipment.
F. A saddle-mount vehicle is specialized equipment
and may not exceed an overall length of ninety-seven feet
pursuant to the Code of Federal Regulations, Title 23,
Section 658.13.
G. Notwithstanding any other subsection of this
section, a trailer or semitrailer combination of such
dimensions as those that were in actual and lawful use in
this state on December 1, 1982 may be lawfully operated on
the highways of this state."
Section 9. Section 66-7-410 NMSA 1978 (being Laws 1978,
Chapter 35, Section 481) is amended to read:
"66-7-410. GROSS WEIGHT OF VEHICLES AND LOADS.--
A. Subject to the limit upon the weight imposed
upon the highway through any one axle as set forth in Section
66-7-409 NMSA 1978 and except as provided in Subsection D of
this section, the total gross weight with load imposed upon
the highway by any one group of two or more consecutive axles
of a vehicle or combination of vehicles shall not exceed the
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gross weight given for the respective distance between the
first and last axle of the group of axles measured
longitudinally to the nearest foot as set forth in the
following table:
Distance in feet between first Allowed load in pounds
and last axles of group
on group of axles
4
34,320
5
35,100
6
35,880
7
36,660
8
37,440
9
38,220
10
39,000
11
39,780
12
40,560
13
41,340
14
42,120
15
42,900
16
43,680
17
44,460
18
45,240.
B. Except as provided in Subsection D of this
section, the total gross weight with load imposed on the
highway by any vehicle or combination of vehicles where the
distance between the first and last axles is more than
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eighteen feet shall not exceed that given for the respective
distances in the following table:
Distance in feet between first Allowed load in pounds
and last axles of group
on group of axles
19
53,100
20
54,000
21
54,900
22
55,800
23
56,700
24
57,600
25
58,500
26
59,400
27
60,300
28
61,200
29
62,100
30
63,000
31
63,900
32
64,800
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65,700
34
66,600
35
67,500
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68,400
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69,300
38
70,200
39
71,100
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40
72,000
41
72,900
42
73,800
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74,700
44
75,600
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76,500
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77,400
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78,300
48
79,200
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80,100
50
81,000
51
81,900
52
82,800
53
83,700
54
84,600
55
85,500
56 or over
86,400.
C. The distance between the centers of the axles
shall be measured to the nearest even foot. When a fraction
is exactly one-half, the next larger whole number shall be
used.
D. The total gross weight with load limitations
imposed by this section for any vehicle or combination of
vehicles shall be increased by four hundred pounds if the
vehicle or combination of vehicles uses idle reduction
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technology."
Section 10. Section 66-7-411 NMSA 1978 (being Laws
1978, Chapter 35, Section 482, as amended) is amended to
read:
"66-7-411. AUTHORIZED REPRESENTATIVE MAY WEIGH
VEHICLES AND REQUIRE REMOVAL OF EXCESS LOADS--GRADUATED
PENALTIES.--
A. A police officer with the motor transportation
division or the New Mexico state police division of the
department of public safety, having reason to believe that
the weight of a vehicle and load is unlawful, may require the
driver to stop and submit to weighing of the vehicle and load
by means of either portable or stationary scales and may
require the vehicle to be driven to the nearest scales
approved by the department of public safety if the scales are
within five miles.
B. When a police officer with the motor
transportation division or the New Mexico state police
division of the department of public safety or a
transportation inspector, upon weighing a vehicle or
combination, determines that the gross vehicle weight or
combination gross vehicle weight exceeds the maximum
authorized by Sections 66-7-409 and 66-7-410 NMSA 1978, the
officer or inspector shall require the driver or owner of the
vehicle or combination to unload that portion of the load
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necessary to decrease the gross vehicle weight or combination
gross vehicle weight to the authorized maximum.
C. A driver of a vehicle who fails or refuses to
stop and submit the vehicle and load to weighing or who fails
or refuses, when directed by a duly authorized police officer
with the motor transportation division or the New Mexico
state police division of the department of public safety or a
transportation inspector, upon a weighing of the vehicle, to
unload the vehicle and otherwise comply with the provisions
of this section is guilty of a misdemeanor.
D. A shipper or a person loading the vehicle who
intentionally overloads a vehicle that the shipper or person
has reason to believe will travel in that condition upon a
public highway is guilty of a misdemeanor and shall be fined
in accordance with Subsection E of this section.
E. In all cases of violations of weight
limitations, the penalties shall be assessed and imposed in
accordance with the following schedule:
WEIGHT OF EXCESS
LOAD IN POUNDS
AMOUNT OF FINE
1 to 3,000
fifty dollars ($50.00)
3,001 to 4,000
eighty dollars ($80.00)
4,001 to 5,000
one hundred dollars ($100)
5,001 to 6,000
one hundred fifty dollars ($150)
6,001 to 7,000
two hundred fifty dollars ($250)
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7,001 to 8,000
three hundred fifty dollars ($350)
8,001 to 9,000
four hundred dollars ($400)
9,001 to 10,000 five hundred dollars ($500)
over 10,000
seven hundred dollars ($700)."
Section 11. Section 66-7-413 NMSA 1978 (being Laws
1978, Chapter 35, Section 484, as amended) is amended to
read:
"66-7-413. PERMITS FOR EXCESSIVE SIZE AND WEIGHT--
SPECIAL NOTIFICATION REQUIRED ON MOVEMENT OF MANUFACTURED
HOMES.--
A. The department of public safety and local
highway authorities may, in their discretion, upon
application in writing and good cause being shown, issue a
special permit in writing authorizing the applicant to
operate or move a vehicle or load of a size or weight
exceeding the maximum specified in Sections 66-7-401 through
66-7-416 NMSA 1978 on a highway under the jurisdiction of the
state transportation commission or local authorities. Except
for the movement of manufactured homes, a permit may be
granted, in cases of emergency, for the transportation of
loads on a certain unit or combination of equipment for a
specified period of time not to exceed one year, and the
permit shall contain the route to be traversed, the type of
load to be transported and any other restrictions or
conditions deemed necessary by the body granting the permit.
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In every other case, the permit shall be issued for a single
trip and may designate the route to be traversed and contain
any other restrictions or conditions deemed necessary by the
body granting the permit. Every permit shall be carried in
the vehicle to which it refers and shall be opened for
inspection to any peace officer. It is a misdemeanor for a
person to violate a condition or term of the special permit.
B. The department of public safety shall
promulgate rules in accordance with the State Rules Act
pertaining to safety practices, liability insurance and
equipment for escort vehicles provided by the motor carrier
and for escort vehicles provided by a private business in
this state.
(1) The department of public safety shall
provide the escort personnel with a copy of applicable rules
and shall inspect the escort vehicles for the safety
equipment required by the rules. If the escort vehicles and
personnel meet the requirements set forth in the rules, the
department of public safety shall issue the special permit.
(2) The movement of vehicles upon the
highways of this state requiring a special permit and
required to use an escort of the type noted in Paragraph (1)
of this subsection is subject to department of public safety
authority and inspection at all times.
(3) The department of transportation shall
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conduct engineering investigations and engineering
inspections to determine which four-lane highways are safe
for the operation or movement of manufactured homes without
an escort. After making that determination, the department
of transportation shall hold public hearings in the area of
the state affected by the determination, after which it may
adopt rules designating those four-lane highways as being
safe for the operation or movement of manufactured homes
without an escort. If a portion of such a four-lane highway
lies within the boundaries of a municipality, the department
of transportation, after obtaining the approval of the
municipal governing body, shall include such portions in its
rules.
C. Except for the movement of manufactured homes,
special permits may be issued for a single vehicle or
combination of vehicles by the department of public safety
for a period not to exceed one year for a fee of two hundred
fifty dollars ($250). The special permits may allow
excessive height, length and width for a vehicle or
combination of vehicles or load thereon and may include a
provision for excessive weight if the weight of the vehicle
or combination of vehicles is not greater than one hundred
forty thousand pounds. Utility service vehicles, operating
with special permits pursuant to this subsection, shall be
exempt from prohibitions or restrictions relating to hours or
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days of operation or restrictions on movement because of poor
weather conditions.
D. Special permits for a single trip for a
vehicle or combination of vehicles or load thereon of
excessive weight, width, length and height may be issued by
the department of public safety for a single vehicle for a
fee of twenty-five dollars ($25.00) plus the product of two
and one-half cents ($.025) for each two thousand pounds in
excess of eighty-six thousand four hundred pounds or major
fraction thereof multiplied by the number of miles to be
traveled by the vehicle or combination of vehicles on the
highways of this state.
E. If a vehicle for which a permit is issued
pursuant to this section is a manufactured home, the
department of public safety or local highway authority
issuing the permit shall furnish the following information to
the property tax division of the taxation and revenue
department, which shall forward the information:
(1) to the county assessor of a county from
which a manufactured home is being moved, the date the permit
was issued, the location being moved from, the location being
moved to if within the same county, the name of the owner of
the manufactured home and the identification and registration
numbers of the manufactured home;
(2) to the county assessor of any county in
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this state to which a manufactured home is being moved, the
date the permit was issued, the location being moved from,
the location being moved to, the name of the owner of the
manufactured home and the registration and identification
numbers of the manufactured home; and
(3) to the owner of a manufactured home
having a destination in this state, notification that the
information required in Paragraphs (1) and (2) of this
subsection is being given to the respective county assessors
and that manufactured homes are subject to property taxation.
F. Except as provided in Subsection G of this
section, if the movement of a manufactured home originates in
this state, a permit shall not be issued pursuant to
Subsection E of this section until the owner of the
manufactured home or the authorized agent of the owner
obtains and presents to the department of public safety proof
that a certificate has been issued by the county assessor or
treasurer of the county in which the manufactured home
movement originates showing that either:
(1) all property taxes due or to become due
on the manufactured home for the current tax year or any past
tax years have been paid, except for manufactured homes
located on an Indian reservation; or
(2) liability for property taxes on the
manufactured home does not exist for the current tax year or
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a past tax year, except for manufactured homes located on an
Indian reservation.
G. The movement of a manufactured home from the
lot or business location of a manufactured home dealer to its
destination designated by an owner-purchaser is not subject
to the requirements of Subsection F of this section if the
manufactured home movement originates from the lot or
business location of the dealer and the manufactured home was
part of the dealer's inventory prior to the sale to the
owner-purchaser; however, the movement of a manufactured home
by a dealer or the dealer's authorized agent as a result of a
sale or trade-in from a nondealer-owner is subject to the
requirements of Subsection F of this section whether the
destination is the business location of a dealer or some
other destination.
H. A permit shall not be issued pursuant to this
section for movement of a manufactured home whose width
exceeds eighteen feet with no more than a six-inch roof
overhang on the left side or twelve inches on the right side
in addition to the eighteen-foot width of the manufactured
home. Manufactured homes exceeding the limitations of this
section shall only be moved on dollies placed on the front
and the rear of the structure.
I. The secretary of public safety may by rule
provide for movers of manufactured homes to self-issue
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permits for certain sizes of manufactured homes over specific
routes. The cost of a permit shall not be less than
twenty-five dollars ($25.00).
J. The secretary of public safety may provide by
rule for dealers of implements of husbandry to self-issue
permits for the movement of certain sizes of implements of
husbandry from the lot or business location of the dealer
over specific routes with specific escort requirements, if
necessary, to a destination designated by an owner-purchaser
or for purposes of a working demonstration on the property of
a proposed owner-purchaser. The department of public safety
shall charge a fee for each self-issued permit not to exceed
fifteen dollars ($15.00).
K. A private motor carrier requesting an oversize
or overweight permit shall provide proof of insurance in at
least the following amounts:
(1) bodily injury liability, providing:
(a) fifty thousand dollars ($50,000)
for each person; and
(b) one hundred thousand dollars
($100,000) for each accident; and
(2) property damage liability, providing
twenty-five thousand dollars ($25,000) for each accident.
L. A motor carrier requesting an oversize permit
shall produce a copy of a warrant or a single state
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registration receipt as evidence that the motor carrier
maintains the insurance minimums prescribed by the public
regulation commission.
M. The department of public safety may provide by
rule the time periods during which a vehicle or load of a
size or weight exceeding the maximum specified in Sections
66-7-401 through 66-7-416 NMSA 1978 may be operated or moved
by a motor carrier on a highway under the jurisdiction of the
state transportation commission or local authorities.
N. Revenue from fees for special permits
authorizing vehicles and loads of excessive size or weight to
operate or move upon a highway under the jurisdiction of the
state transportation commission or local authorities shall be
collected for the department of transportation and
transferred to the state road fund."
Section 12. 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:
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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
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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
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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
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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.
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.
D. The penalty assessment for speeding in violation
of Paragraph (4) of Subsection A of Section 66-7-301 NMSA
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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 13. Section 66-8-116.1 NMSA 1978 (being Laws
1989, Chapter 319, Section 12) is amended to read:
"66-8-116.1. PENALTY ASSESSMENT MISDEMEANORS--OVERSIZE
LOAD.--As used in the Motor Vehicle Code and the Motor Carrier
Act, "penalty assessment misdemeanor" means, in addition to
the definition of that term in Section 66-8-116 NMSA 1978,
violation of the following listed sections of the NMSA 1978
for which the listed penalty is established:
COMMON NAME OF OFFENSE SECTION VIOLATED PENALTY ASSESSMENT
Oversize load
1,000 to 3,000 pounds
66-7-411
$ 50.00
Oversize load
3,001 to 4,000 pounds
66-7-411
80.00
Oversize load
4,001 to 5,000 pounds
66-7-411
150.00
Oversize load
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5,001 to 6,000 pounds
66-7-411
250.00
Oversize load
6,001 to 7,000 pounds
66-7-411
400.00
Oversize load
7,001 to 8,000 pounds
66-7-411
550.00
Oversize load
8,001 to 9,000 pounds
66-7-411
700.00
Oversize load
9,001 to 10,000 pounds
66-7-411
850.00
Oversize load
over 10,000 pounds
66-7-411
1,000.00."
Section 14. Section 66-8-116.2 NMSA 1978 (being Laws
1989, Chapter 319, Section 13, as amended) is amended to
read:
"66-8-116.2. PENALTY ASSESSMENT MISDEMEANORS--MOTOR
CARRIER ACT.--As used in the Motor Vehicle Code and the Motor
Carrier Act, "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
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motor carrier
66-3-1.1
$300.00
Failure to carry tax
identification
permit
65-1-26
300.00
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
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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
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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
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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
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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
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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)."
Section 15. EFFECTIVE DATE.--The effective date of the
provisions of this act is July 1, 2007.