SB0102

SENATE BILL 102

56th legislature - STATE OF NEW MEXICO - first session, 2023

INTRODUCED BY

George K. Muñoz

AN ACT

RELATING TO MOTOR VEHICLES; REGULATING LANE TRAVEL; PROVIDING PENALTIES.

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

SECTION 1. A new section of the Motor Vehicle Code, Section 66-7-376 NMSA 1978, is enacted to read:

"66-7-376. [NEW MATERIAL] MULTIPLE LANE ROADWAYS--REQUIRED LANE TRAVEL--TWO-WAY LEFT-TURN LANES.--

A. Whenever any roadway has been divided into two or more clearly marked lanes for traffic, the following requirements, in addition to all consistent requirements within the Motor Vehicle Code, shall apply:

(1) a vehicle shall be driven as nearly as practicable entirely within a single lane;

(2) a vehicle shall not be moved from the lane until the driver has first ascertained that the movement can be made with safety and then given a signal, not less than the last one hundred feet traveled by the vehicle, of the driver's intention to change lanes;

(3) upon a roadway that is divided into three lanes, a vehicle shall not be driven in the center lane except:

(a) when overtaking and passing another vehicle where the roadway is clearly visible and the center lane is clear of traffic within a safe distance;

(b) in preparation for a left turn; or

(c) where the center lane is at the time allocated exclusively to traffic moving in the direction the vehicle is proceeding and is signposted to give notice of the allocation;

(4) a vehicle shall not be driven in the left lane of a roadway except when overtaking and passing another vehicle; provided, however, that this paragraph shall not prohibit driving in the left lane when traffic conditions, flow or road configuration, such as the potential of merging traffic, require the use of the left lane to maintain safe traffic conditions; and provided further that this paragraph shall not prohibit driving in the left lane of a roadway within the city limits of a municipality or upon a county road as long as such roadway is not part of the national system of interstate and defense highways; and

(5) official signs may be erected directing slow-moving traffic to use a designated lane or designating those lanes to be used by traffic moving in a particular direction regardless of the center of the roadway, and drivers of vehicles shall obey the directions of every such sign.

B. A two-way left-turn lane is a lane near the center of the highway set aside for use by vehicles making left turns in both directions from or into the roadway. Two-way left-turn lanes shall be designated by distinctive roadway markings consisting of parallel double yellow lines, interior line dashed and exterior line solid, on each side of the lane. A vehicle shall not be driven in a designated two-way left-turn lane except when preparing for or making a left turn from or into a roadway. Vehicles turning left from the roadway shall not be driven in the two-way left-turn lane for more than two hundred feet while preparing for and making the turn. A vehicle turning left onto the roadway may utilize the two-way left-turn lane as a staging area by stopping and waiting for traffic proceeding in the same direction to clear before merging into the adjacent lanes of travel. A left turn shall not be made from any other lane where a two-way left-turn lane has been designated; provided, however, that this section shall not prohibit driving across a two-way left-turn lane when moving from a service drive onto such marked roadway."

SECTION 2. 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 and the Boat Act, "penalty assessment misdemeanor" means violation of any of the following listed sections of the NMSA 1978 for which, except as provided in Subsections D through F of this section, the listed penalty assessment is established:

COMMON NAME OF OFFENSE SECTION VIOLATED PENALTY ASSESSMENT

Vehicles subject to

registration 66-3-1 $ 50.00

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 25.00

Horseless carriage

registration 66-3-27 25.00

Transfer of registration

and title 66-3-103 25.00

Expiration of dealer

plates 66-3-403 25.00

Special registration

plates 66-3-409, 66-3-412.1,

66-3-413, 66-3-415,

66-3-417, 66-3-419,

66-3-421, 66-3-422,

66-3-424.4, 66-3-424.5,

66-3-424.7, 66-3-424.9,

66-3-424.13, 66-3-424.16

and 66-3-424.28 75.00

Bicycle laws 66-3-701

through

66-3-707 50.00

No license display 66-5-16 25.00

Failure to change

address or name on

license 66-5-22 25.00

Permitting unauthorized

minor to drive 66-5-40 50.00

Permitting unauthorized

person to drive 66-5-41 25.00

Failure to obey sign 66-7-104 25.00

Failure to obey signal 66-7-105 25.00

Pedestrian signs and

signals 66-7-106

through

66-7-108 25.00

Speeding 66-7-301

(1) up to and including

ten miles an hour

over the speed limit 25.00

(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 25.00

Speeding 66-7-306 25.00

Improper starting 66-7-324 25.00

Improper backing 66-7-354 25.00

Improper lane 66-7-308 25.00

Improper lane 66-7-313 25.00

Improper lane 66-7-316 25.00

Improper lane 66-7-317 25.00

Improper lane 66-7-319 25.00

Improper passing 66-7-309

through

66-7-312 25.00

Improper passing 66-7-315 25.00

Controlled access

violation 66-7-320 25.00

Controlled access

violation 66-7-321 25.00

Improper turning 66-7-322 25.00

Improper turning 66-7-323 25.00

Improper turning 66-7-325 25.00

Following too closely 66-7-318 25.00

Failure to yield 66-7-328

through

66-7-331 25.00

Failure to yield 66-7-332 50.00

Failure to yield 66-7-332.1 25.00

Pedestrian violation 66-7-333

through

66-7-34025.00

Failure to stop 66-7-342

and 66-7-344

through

66-7-346 25.00

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 25.00

Riding on motorcycles 66-7-355 100.00

Video screens in

automobiles 66-7-358 25.00

Driving on mountain

highways 66-7-359 25.00

Coasting prohibited 66-7-360 25.00

Animals on highway at

night 66-7-363 50.00

Failure to secure load 66-7-407 100.00

Operation without oversize-

overweight permit 66-7-413 50.00

Transport of reducible

load with special

permit more than six miles

from a border crossing 66-7-413 100.00

Driving while license

administratively

suspended 66-5-39.2 25.00

Improper equipment 66-3-801

through

66-3-840

and 66-3-842

through

66-3-851 50.00

Improper equipment 66-3-901 50.00

Improper emergency

signal 66-3-853

through

66-3-857 25.00

Minor on motorcycle

without helmet 66-7-356 300.00

Operation interference 66-7-357 50.00

Littering 66-7-364 300.00

Improper parking 66-7-349

through

66-7-352

and 66-7-353 25.00

Improper parking 66-3-852 25.00

Riding in or towing

occupied house trailer 66-7-366 25.00

Improper opening of doors 66-7-367 25.00

No slow-moving vehicle

emblem or flashing

amber light 66-3-887 25.00

Open container-first

violation 66-8-138 25.00

Texting while driving-

(1) first violation 66-7-374 25.00

(2) second and subsequent

violation 50.00

Using a handheld mobile

communication device

while driving a

commercial motor vehicle 66-7-375

(1) first violation 25.00

(2) second and subsequent

violation 50.00

Improper use of travel lane 66-7-376 50.00.

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 (5) 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).

F. Upon a second conviction for transport of a reducible load with a permit for excessive size or weight pursuant to Subsection N of Section 66-7-413 NMSA 1978 more than six miles from a port-of-entry facility on the border with Mexico, the penalty assessment shall be five hundred dollars ($500). Upon a third or subsequent conviction, the penalty assessment shall be one thousand dollars ($1,000)."

SECTION 3. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2023.

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