SENATE BILL 195

50th legislature - STATE OF NEW MEXICO - first session, 2011

INTRODUCED BY

Richard C. Martinez

 

 

 

ENDORSED BY THE COURTS, CORRECTIONS AND JUSTICE COMMITTEE

 

AN ACT

RELATING TO MOTOR VEHICLES; CLARIFYING PROVISIONS IN THE MOTOR VEHICLE CODE; PROVIDING THAT A PERSON CITED FOR NO VEHICLE REGISTRATION, INSURANCE OR DRIVER'S LICENSE SHALL NOT BE CONVICTED IF THE PERSON PRODUCES EVIDENCE OF COMPLIANCE IN COURT; PROVIDING PENALTY ASSESSMENTS FOR CERTAIN MOTOR VEHICLE CODE VIOLATIONS; ALLOWING THE COURTS TWENTY DAYS AFTER FINAL DISPOSITION TO PROVIDE RECORDS TO THE MOTOR VEHICLE DIVISION OF THE TAXATION AND REVENUE DEPARTMENT; RECONCILING MULTIPLE AMENDMENTS TO THE SAME SECTION OF LAW IN LAWS 2007.

 

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

     SECTION 1. Section 66-3-1 NMSA 1978 (being Laws 1978, Chapter 35, Section 21, as amended by Laws 2007, Chapter 319, Section 13 and by Laws 2007, Chapter 320, Section 1) is amended to read:             

     "66-3-1. VEHICLES SUBJECT TO REGISTRATION--EXCEPTIONS.--

          A. With the exception of vehicles identified in Subsection B of this section, every motor vehicle, manufactured home, trailer, semitrailer and pole trailer when driven or moved upon a highway and every off-highway motor vehicle is subject to the registration and certificate of title provisions of the Motor Vehicle Code except:

                (1) any such vehicle driven or moved upon a highway in conformance with the provisions of the Motor Vehicle Code relating to manufacturers, dealers, lien-holders or nonresidents;

                (2) any such vehicle that is driven or moved upon a highway only for the purpose of crossing the highway from one property to another;

                (3) an implement of husbandry that is only incidentally operated or moved upon a highway;

                (4) special mobile equipment;

                (5) a vehicle that is propelled exclusively by electric power obtained from overhead trolley wires though not operated upon rails;

                (6) a freight trailer if it is:

                     (a) properly registered in another state;

                     (b) identified by a proper base registration plate that is properly displayed; and

                     (c) identified by other registration documents that are in the possession of the operator and exhibited at the request of a police officer;

                (7) a freight trailer or utility trailer owned and used by:

                     (a) a nonresident solely for the transportation of farm products purchased by the nonresident from growers or producers of the farm products and transported in the trailer out of the state;

                      (b) a farmer or a rancher who transports to market only the produce, animals or fowl produced by that farmer or rancher or who transports back to the farm or ranch supplies for use thereon; or

                     (c) a person who transports animals to and from fairs, rodeos or other places, except racetracks, where the animals are exhibited or otherwise take part in performances, in trailers drawn by a motor vehicle or truck of less than ten thousand pounds gross vehicle weight rating bearing a proper registration plate, but in no case shall the owner of an unregistered trailer described in this paragraph perform such uses for hire;

                (8) a moped;

                (9) an electric personal assistive mobility device;

                (10) a vehicle moved on a highway by a towing service as defined in Section 59A-50-2 NMSA 1978; and

                (11) an off-highway motor vehicle exempted pursuant to Section 66-3-1005 NMSA 1978.

          B. A certificate of title required pursuant to Subsection A of this section is not required for a vehicle of a type subject to registration owned by:

                (1) the government of the United States; or

                (2) a carrier that is from a jurisdiction that is not a participant in the International Fuel Tax Agreement, that is authorized by the United States government or an agency of the United States government to conduct cross-border operations beyond the commercial border zone pursuant to the provisions of the North American Free Trade Agreement and that identifies New Mexico as the carrier's base jurisdiction.

          C. A person who violates the provisions of this section is guilty of a misdemeanor as provided in Section

66-8-7 NMSA 1978. A person charged with violating this section shall not be convicted if the person produces, in court, evidence of compliance valid at the time of issuance of the citation."

     SECTION 2. Section 66-3-13 NMSA 1978 (being Laws 1978, Chapter 35, Section 33) is amended to read:

     "66-3-13. EVIDENCE OF REGISTRATION TO BE SIGNED AND EXHIBITED ON DEMAND.--

          A. Every owner, upon receipt of registration evidence, shall write [his] that owner's signature thereon in a space provided. Every such registration evidence or duplicate [thereof] of registration evidence validated by the division shall be exhibited upon demand of any police officer.

          B. A person charged with violating the provisions of this section shall not be convicted if the person produces, in court, evidence of a signed registration valid at the time of issuance of the citation."

     SECTION 3. Section 66-5-2 NMSA 1978 (being Laws 1978, Chapter 35, Section 224, as amended) is amended to read:

     "66-5-2. DRIVERS MUST BE LICENSED.--

          A. Except those expressly exempted from the Motor Vehicle Code, no person shall drive any motor vehicle, neighborhood electric car or moped upon a highway in this state unless the person:

                (1) holds a valid license issued under the provisions of the Motor Vehicle Code; and

                (2) has surrendered to the division any other license previously issued to the person by this state or by another state or country or has filed an affidavit with the division that the person does not possess such other license; however, the applicant need not surrender a motorcycle license duly obtained under Paragraph [(3)] (4) of Subsection A of Section 66-5-5 NMSA 1978.

          B. Any person licensed under the provisions of the Motor Vehicle Code or expressly exempted from licensor may exercise the privilege granted upon all streets and highways in this state and shall not be required to obtain any other license to exercise the privilege by any county, municipality or any other local body having authority to adopt local police regulations.

          C. A person charged with violating the provisions of this section shall not be convicted if the person produces, in court, a driver's license issued to the person that was valid at the time of the person's arrest."

     SECTION 4. Section 66-5-32 NMSA 1978 (being Laws 1978, Chapter 35, Section 254, as amended by Laws 2005, Chapter 241, Section 3 and by Laws 2005, Chapter 269, Section 3) is amended to read:

     "66-5-32. PERIOD OF SUSPENSION OR REVOCATION.--

          A. The division shall not suspend a driver's license or privilege to drive a motor vehicle on the public highways for a period of more than one year except as permitted under Subsection C of this section and Sections 60-7B-1,

66-5-5, [and] 66-5-39 and 66-5-39.1 NMSA 1978.

          B. Except as provided in the Ignition Interlock Licensing Act, a person whose license or privilege to drive a motor vehicle on the public highways has been revoked shall not be entitled to have the license or privilege renewed or restored unless the revocation was for a cause that has been removed, except that after the expiration of the periods specified in Subsections B and C of Section 66-5-29 NMSA 1978 from the date on which the revoked license was surrendered to and received by the division, the person may make application for a new license as provided by law.

          C. The suspension period for failure to appear or failure to remit the penalty assessment shall, at the discretion of the director, be extended indefinitely subject to the provisions of Subsection B of Section 66-5-30 NMSA 1978."

     SECTION 5. Section 66-5-39 NMSA 1978 (being Laws 1978, Chapter 35, Section 261, as amended) is amended to read:

     "66-5-39. DRIVING WHILE LICENSE SUSPENDED [OR REVOKED]--[PROVIDING] PENALTIES.--

          A. Any person who drives a motor vehicle on any public highway of this state at a time when [his] the person's privilege to do so is suspended [or revoked] and who knows or should have known that [his] the person's license was suspended [or revoked] is guilty of a misdemeanor and shall be charged with a violation of this section. Upon conviction, the person shall be punished, notwithstanding the provisions of Section 31-18-13 NMSA 1978, by imprisonment for not less than four days or more than three hundred sixty-four days or participation for an equivalent period of time in a certified alternative sentencing program, and there may be imposed in addition a fine of not more than one thousand dollars ($1,000). When a person pays any or all of the cost of participating in a certified alternative sentencing program, the court may apply that payment as a deduction to any fine imposed by the court. [Notwithstanding any other provision of law for suspension or deferment of execution of a sentence, if the person's privilege to drive was revoked for driving while under the influence of intoxicating liquor or drugs or a violation of the Implied Consent Act, upon conviction under this section, that person shall be punished by imprisonment for not less than seven consecutive days and shall be fined not less than three hundred dollars ($300) or not more than one thousand dollars ($1,000) and the fine and imprisonment shall not be suspended, deferred or taken under advisement. No other disposition by plea of guilty to any other charge in satisfaction of a charge under this section shall be authorized if the person's privilege to drive was revoked for driving while under the influence of intoxicating liquor or drugs or a violation of the Implied Consent Act.] Any municipal ordinance prohibiting driving with a suspended [or revoked] license shall provide penalties no less stringent than provided in this section.

          B. In addition to any other penalties imposed pursuant to the provisions of this section, when a person is convicted pursuant to the provisions of this section or a municipal ordinance that prohibits driving on a suspended [or revoked] license, the motor vehicle the person was driving [shall] may be immobilized by an immobilization device for thirty days, unless immobilization of the motor vehicle poses an imminent danger to the health, safety or employment of the convicted person's immediate family or the family of the owner of the motor vehicle. The convicted person shall bear the cost of immobilizing the motor vehicle.

          C. The division, upon receiving a record of the conviction of any person under this section [upon a charge of driving a vehicle while the license of the person was suspended], shall extend the period of suspension for an additional like period [and if the conviction was upon a charge of driving while a license was revoked, the division shall not issue a new license for an additional period of one year from the date the person would otherwise have been entitled to apply for a new license]."

     SECTION 6. A new Section 66-5-39.1 NMSA 1978 is enacted to read:

     "66-5-39.1. [NEW MATERIAL] DRIVING WHILE LICENSE

REVOKED--PENALTIES.--

          A. A person who drives a motor vehicle on a public highway of this state at a time when the person's privilege to do so is revoked and who knows or should have known that the person's license was revoked is guilty of a misdemeanor and shall be charged with a violation of this section. Upon conviction, the person shall be punished, notwithstanding the provisions of Section 31-18-13 NMSA 1978, by imprisonment for not less than four days or more than three hundred sixty-four days or by participation for an equivalent period of time in a certified alternative sentencing program, and there may be imposed, in addition, a fine of not more than one thousand dollars ($1,000). When a person pays any or all of the cost of participating in a certified alternative sentencing program, the court may apply that payment as a deduction to any fine imposed by the court.

           B. Notwithstanding any other provision of law for suspension or deferment of execution of a sentence, if the person's privilege to drive was revoked for driving under the influence of intoxicating liquor or drugs or a violation of the Implied Consent Act, upon conviction pursuant to this section, the person shall be punished by imprisonment for not less than seven consecutive days and shall be fined not less than three hundred dollars ($300) and not more than one thousand dollars ($1,000) and the fine and imprisonment shall not be suspended, deferred or taken under advisement. No other disposition by plea of guilty to any other charge in satisfaction of a charge under this section shall be authorized if the person's privilege to drive was revoked for driving under the influence of intoxicating liquor or drugs or a violation of the Implied Consent Act. Any municipal ordinance prohibiting driving with a revoked license shall provide penalties no less stringent than provided in this section.

          C. In addition to any other penalties imposed pursuant to the provisions of this section, when a person is convicted pursuant to the provisions of this section or a municipal ordinance that prohibits driving on a revoked license, the motor vehicle the person was driving shall be immobilized by an immobilization device for thirty days, unless immobilization of the motor vehicle poses an imminent danger to the health, safety or employment of the convicted person's immediate family or the family of the owner of the motor vehicle. The convicted person shall bear the cost of immobilizing the motor vehicle.

          D. The division, upon receiving a record of the conviction of any person under this section, shall not issue a new license for an additional period of one year from the date the person would otherwise have been entitled to apply for a new license."

     SECTION 7. 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 a motor vehicle insurance policy meeting the requirements of the laws of New Mexico and of the secretary, or a surety bond or evidence of a sufficient cash deposit with the state treasurer, is not in effect [or 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)] as provided in Section 66-8-7 NMSA 1978.

          F. A person charged with violating the provisions of this section shall not be convicted if the person produces, in court, evidence of financial responsibility valid at the time of issuance of the citation."

     SECTION 8. 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

Improper display of  

   registration plate            66-3-18          $ 25.00

Failure to notify of

   change of name or address     66-3-23          25.00

Lost or damaged registration, 

   plate or title                66-3-24          20.00 

Permitting [unlicensed]

   unauthorized minor

   to drive                   66-5-40     [$ 10.00] 50.00

Permitting unauthorized

   person to drive            66-5-41                25.00

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       150.00

Passing school bus           66-7-347              100.00

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

Minor without helmet

   on motorcycle              66-7-356             300.00

Obstruction of driver's

   view                       66-7-357             50.00

Television within view

   of driver                  66-7-358             50.00

Failure to secure load       66-7-407              100.00

Operation without oversize-

  overweight permit           66-7-413              50.00

Improper equipment 66-3-801 through

                            66-3-851      [10.00]25.00

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.

          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 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 9. Section 66-8-135 NMSA 1978 (being Laws 1978, Chapter 35, Section 543, as amended) is amended to read:

     "66-8-135. RECORD OF TRAFFIC CASES.--

          A. Every trial court judge shall keep a record of every traffic complaint, uniform traffic citation and other form of traffic charge filed in the judge's court or its traffic violations bureau and every official action and disposition of the charge by that court.

          B. The court shall notify the department if a defendant fails to appear on a charge of violating the Motor Vehicle Code or other law or ordinance relating to motor vehicles.

          [B.] C. Within [ten] twenty days of the later of entry of [judgment and sentence or failure to appear on a charge of violating] a final disposition on a conviction for violation of the Motor Vehicle Code or other law or ordinance relating to motor vehicles or the final decision of any higher court that reviews the matter and from which no appeal or review is successfully taken, every trial court judge, including children's court judges, or the clerk of the court in which the entry of [judgment and sentence or failure to appear] the final disposition occurred shall prepare and forward to the department an abstract of the record containing:

                (1) the name and address of the defendant;

                (2) the specific section number and common name of the provision of the NMSA 1978 or local law, ordinance or regulation under which the defendant was tried;

                (3) the plea, finding of the court and disposition of the charge, including fine or jail sentence or both [forfeiture of bail or dismissal of the charge];

                (4) [an itemization of] total costs assessed to the defendant;

                (5) the date of the hearing;

                (6) the court's name and address; and

                (7) whether the defendant was a first or subsequent offender. [and

                (8) whether the defendant was represented by counsel or waived the right to counsel and, if represented, the name and address of counsel.

          C.] D. The abstract of record prepared and forwarded under Subsection [B] C of this section shall be certified as correct by the person required to prepare it. With the prior approval of the department, the information required by Subsection [B] C of this section may be transmitted electronically to the department. Report need not be made of any disposition of a charge of illegal parking or standing of a vehicle except when the uniform traffic citation is used.

          [D.] E. When the uniform traffic citation is used, the court shall provide the information required by Subsection [B] C of this section in the manner prescribed by the department.

          [E.] F. Every court of record shall also forward a like report to the department upon conviction of any person of any felony if a motor vehicle was used in the commission. With the prior approval of the department, the information required by this subsection may be submitted electronically to the department. The report shall be forwarded to the department within [ten] twenty days of the final decision of the court or of any higher court that reviews the matter and from which the decision of no appeal or review is successfully taken.

          [F.] G. The willful failure or refusal of any judicial officer to comply with this section is misconduct in office and grounds for removal.

          [G.] H. Except as set forth in Subsection [H] I of this section for records of a person holding a commercial driver's license, the department shall keep records received on motorists licensed in this state at its main office. Records showing a record of conviction by a court of law shall be open to public inspection during business hours for three years from the date of their receipt, after which they shall be destroyed by the department except for records of convictions under Sections 66-8-101 through 66-8-112 NMSA 1978, which may not be destroyed until fifty-five years from the date of their receipt. Any record received on a motorist licensed in another state or country shall be forwarded to the licensing authority of that state or country.

          [H.] I. The department shall keep records received on a person holding a commercial driver's license or an individual driving a commercial motor vehicle who was required to have a commercial driver's license but was driving a commercial motor vehicle without the appropriate license in its main office. Records showing a record of conviction by a court of law shall be open to public inspection during business hours for fifty-five years from the date of their receipt. Any record received on a person holding a commercial driver's license licensed in another state or country shall be forwarded to the licensing authority of that state or country."

     SECTION 10. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2011.

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