SENATE BILL 496

48th legislature - STATE OF NEW MEXICO - first session, 2007

INTRODUCED BY

Phil A. Griego

 

 

 

 

 

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. [Every] A commercial motor carrier vehicle operated on [any] 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 [card] permit issued by the department.

          B. The driver of the vehicle [must] shall be able to display either proof of payment of the trip tax or both the evidence of registration and the tax identification [card] 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 [card] 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, Chapter 16, Section 1, as amended) is amended to read:

     "65-1-36. PENALTY FOR VIOLATIONS OF ACT.--

          A. Violation of Section [65-1-12 or] 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 [65-1-12] 65-1-26, 65-1-36.1 [or], 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 [also], 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 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, [no] 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 [card] 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 all motor carriers who satisfy all New Mexico requirements relating to motor carriers, but [after September 30, 1984] 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 [card] 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 [CARD] 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 department shall issue one or more original tax identification [cards] permits sufficient for the number of vehicles specified by each motor carrier who applies for a tax identification [card] 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 [card] permit shall contain the department's identifying number for the motor carrier and other information that the department deems necessary."

     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 [state highway and] department of transportation [department].

          B. The [state highway and] department of transportation [department] may require any driver of a vehicle involved in an accident of which report must be made as provided in this section to file supplemental reports whenever the original report is insufficient in the opinion of the [state highway and] department of transportation [department] and may require witnesses of accidents to render reports concerning the accidents to the [state highway and] department of transportation [department].

          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 [state highway and] department of transportation [department]. 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."

     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 [TO] MAY BE [FURNISHED] REQUIRED.--[A.] 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.

          [B. The chief of the New Mexico state police, upon request from the proper authority, shall furnish a special police car escort to safeguard traffic during the movement of the hazardous vehicle. There shall be paid by the applicant, to move such vehicle, the sum of three hundred dollars ($300) for each police car for each day police escort is required. All sums so paid are appropriated to the New Mexico state police division.]"

     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. [No] A vehicle shall not exceed a height of fourteen feet.

          B. [No] 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. [No] 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 rear bumpers.

          C. [No] 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 [his] farming or ranching operations; and

                (6) as provided in Subsections D [and E] 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 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 [United States] 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 [state highway and transportation] 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 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.

          [E.] G. Notwithstanding any other subsection of this section, [any] 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

[64-7-409 NMSA 1953] 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 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 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

                 33                          65,700

                 34                          66,600

                 35                          67,500

                 36                          68,400

                 37                          69,300

                 38                          70,200

                 39                          71,100

                 40                          72,000

                 41                          72,900

                 42                          73,800

                 43                          74,700

                 44                          75,600

                 45                          76,500

                 46                          77,400

                 47                          78,300

                 48                          79,200

                 49                          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 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. [Any] 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 [the] 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 necessary to decrease the gross vehicle weight or combination gross vehicle weight to the authorized maximum.

          C. [Any] 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. [Any] A shipper or [any other] a person loading the vehicle who intentionally overloads a vehicle [which he] 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      [twenty-five dollars ($25.00)]

                     fifty dollars ($50.00)

     3,001 to 4,000  [forty dollars ($40.00)]

                     eighty dollars ($80.00)

     4,001 to 5,000  [seventy-five dollars ($75.00)]

                     one hundred fifty dollars ($150)

     5,001 to 6,000  [one hundred twenty-five dollars ($125)]

                     two hundred fifty dollars ($250)

     6,001 to 7,000  [two hundred dollars ($200)]

                     four hundred dollars ($400)

     7,001 to 8,000  [two hundred seventy-five dollars ($275)]

                     five hundred fifty dollars ($550)

     8,001 to 9,000  [three hundred fifty dollars ($350)]

                     seven hundred dollars ($700)

     9,001 to 10,000 [four hundred twenty-five dollars ($425)]

                     eight hundred fifty dollars ($850)

     over 10,000     [five hundred dollars ($500)]

                     one thousand dollars ($1,000)."

     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. 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 charge and collect, when the movement consists of a load of a width of twenty feet or greater for a distance of five miles or more, the sum of three hundred dollars ($300) a day or fraction thereof to defray the cost of state or local police escort. The permit issued and the fee charged shall be based upon the entire movement at one time requiring police escort and not upon the number of vehicles involved.

          C.] 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 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.

          [D.] 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 days of operation or restrictions on movement because of poor weather conditions.

          [E.] 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.

          [F.] 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 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.

          [G.] F. Except as provided in Subsection [H] G of this section, if the movement of a manufactured home originates in this state, a permit shall not be issued pursuant to Subsection [F] 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 a past tax year, except for manufactured homes located on an Indian reservation.

          [H.] 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 [G] 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 [G] F of this section whether the destination is the business location of a dealer or some other destination.

          [I.] 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.

          [J.] I. The secretary of public safety may by rule provide for movers of manufactured homes to self-issue 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).

          [K.] 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).

          [L.] 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.

          [M.] L. A motor carrier requesting an oversize permit shall produce a copy of a warrant or a single state registration receipt as evidence that the motor carrier maintains the insurance minimums prescribed by the public regulation commission.

          [N.] 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.

          [O.] 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 [Subsection] 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.

         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 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         $[25.00] 50.00

Oversize load

3,001 to 4,000 pounds       66-7-411          [40.00] 80.00

Oversize load

4,001 to 5,000 pounds       66-7-411          [75.00] 150.00

Oversize load

5,001 to 6,000 pounds       66-7-411         [125.00] 250.00

Oversize load

6,001 to 7,000 pounds       66-7-411         [200.00] 400.00

Oversize load

7,001 to 8,000 pounds       66-7-411         [275.00] 550.00

Oversize load

8,001 to 9,000 pounds       66-7-411         [350.00] 700.00

Oversize load

9,001 to 10,000 pounds      66-7-411         [425.00] 850.00

Oversize load

over 10,000 pounds          66-7-411         [500.00] 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

  motor carrier               [65-1-12] 66-3-1.1   [$100.00]

                                                     $300.00

Failure to carry tax

  identification [card]       65-1-26                [50.00]

  permit                                               300.00

Failure to comply with

  public regulation

  commission rules and

  regulations                 [Section 7 of

                  the Motor Carrier Act] 65-2A-7       50.00

Failure to 

  carry single state 

  registration receipt issued

  by a base state              [Section 7 of

                  the Motor Carrier Act] 65-2A-7       50.00

 Failure to stop at

  designated

  registration place           65-5-1                 100.00

Failure to obtain

  proper clearance

  certificates                65-5-3                 100.00.

         B. VEHICLE OUT-OF-SERVICE VIOLATIONS

COMMON NAME OF OFFENSE SECTION VIOLATED PENALTY ASSESSMENT

Absence of braking action     65-3-9                $100.00

Damaged brake lining or pads  65-3-9                  50.00

Loose or missing brake

  components                   65-3-12                100.00

Inoperable breakaway braking

  system                       65-3-12                 50.00

Defective or damaged brake

  tubing                       65-3-12                 50.00

Inoperative low pressure

  warning device               65-3-9                  50.00

Reservoir pressure not

  maintained                   65-3-12                100.00

Inoperative tractor

  protection valve             65-3-9                 100.00

Damaged or loose air

  compressor                   65-3-12                100.00

Audible air leak at brake

  chamber                      65-3-12                 50.00

Defective safety devices--

  chains or hooks              65-3-9                 100.00

Defective towing or coupling

  devices                      65-3-9                 100.00

Defective exhaust systems     65-3-9                  30.00

Frame defects--trailers       65-3-12                100.00

Frame defects--other          65-3-9                 100.00

Defective fuel systems        65-3-9                  50.00

Missing or inoperative

  lamps                        65-3-9                  25.00

Missing lamps on projecting

  loads                        65-3-9                  50.00

Missing or inoperative

  turn signal                  65-3-9                  25.00

Unsafe loading                65-3-8                 100.00

Possession of radar detector

  in commercial motor carrier

  vehicle                      65-3-8                 100.00

Possession of alcoholic                          

  beverage in commercial

  motor carrier vehicle        65-3-8                 200.00

Excessive steering wheel

  play                         65-3-9                 100.00

Steering column defects       65-3-9                 100.00

Steering box or steering

  system defects               65-3-9                 100.00

Suspension system defects     65-3-9                  50.00

Defective springs or spring

  assembly                     65-3-9                  50.00

Defective tires--steering

  axle                         65-3-9                 100.00

Defective tires--other axles  65-3-9                  30.00

Defective wheels and rims     65-3-9                  50.00

Defective or missing

  windshield wipers            65-3-9                  30.00

Defective or inoperative

  emergency exit--bus          65-3-9                 100.00.

         C. DRIVER OUT-OF-SERVICE VIOLATIONS

COMMON NAME OF OFFENSE SECTION VIOLATED PENALTY ASSESSMENT

Driver's age                  65-3-7              $30.00

Driver not licensed for

  type of vehicle being

  operated                     65-3-7                  30.00

Failure to have valid

  commercial driver's license

  in possession                66-5-59                 30.00

No waiver of physical

  disqualification

  in possession                65-3-7                  30.00

Sickness or fatigue           65-3-8                 100.00

Driver disqualification       65-3-7                 500.00

Exceeding the 10-hour

  driving rule for  

  passenger carrier

  transportation               65-3-11                100.00

Exceeding the 11-hour                            

  driving rule for property 

  carrier transportation        65-3-11               100.00

Exceeding the 14-hour on 

  duty rule for property

  carrier transportation       65-3-11                100.00

Exceeding the 15-hour on

  duty rule for passenger 

  carrier transportation       65-3-11                100.00

Exceeding the 60 hours in 7

  days on duty rule            65-3-11                100.00

Exceeding the 70 hours in 8

  days on duty rule            65-3-11                100.00

False log book                65-3-11                100.00

No log book                   65-3-11                100.00

No record for previous                           

  7 days                       65-3-11                100.00.

         D. HAZARDOUS MATERIALS OUT-OF-SERVICE VIOLATIONS

COMMON NAME OF OFFENSE SECTION VIOLATED PENALTY ASSESSMENT

Placarding violations         65-3-13             $250.00

Cargo tank not meeting

  specifications               65-3-13                250.00

Internal valve operation

  violations                   65-3-13                250.00

Hazardous materials

  packaging violations         65-3-13                250.00

Insecure load--hazardous

  materials                    65-3-13                250.00

Shipping papers violations    65-3-13                 30.00

Shipment of forbidden

  combination of hazardous

  materials                    65-3-13                250.00

No hazardous waste manifest   65-3-13                 30.00

Bulk packaging marking

  violations                   65-3-13                 30.00

Cargo tank marking violations 65-3-13             30.00.

         E. Upon a second conviction for failure to stop at a port of entry or inspection station pursuant to Section

65-5-1 NMSA 1978, the penalty assessment shall be two hundred fifty dollars ($250). Upon a third or subsequent conviction, the penalty assessment shall be five hundred dollars ($500)."

    Section 15. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2007.

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