This text of New Mexico § 66-3-1020 (Penalties) is published on Counsel Stack Legal Research, covering New Mexico primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
A.A person who violates the provisions of the Off-Highway Motor Vehicle Act is guilty of a penalty assessment misdemeanor. A parent, guardian or custodian who causes or knowingly permits a child under the age of eighteen years to operate an off- highway motor vehicle in violation of the provisions of the Off-Highway Motor Vehicle Act is in violation of that act and subject to the same penalty as the child operating the off-highway motor vehicle in violation of that act.
B.As used in the Off-Highway Motor Vehicle Act, "penalty assessment misdemeanor" means violation of any provision of the Off-Highway Motor Vehicle Act for which a violator may be subject to the following: CLASS 1 VIOLATIONS SECTION VIOLATED PENALTY ASSESSMENT failure to possess a registration certificate or nonresident pe
Free access — add to your briefcase to read the full text and ask questions with AI
A. A person who violates the provisions of the Off-Highway Motor Vehicle Act is guilty of a penalty assessment misdemeanor. A parent, guardian or custodian who causes or knowingly permits a child under the age of eighteen years to operate an off- highway motor vehicle in violation of the provisions of the Off-Highway Motor Vehicle Act is in violation of that act and subject to the same penalty as the child operating the off-highway motor vehicle in violation of that act. B. As used in the Off-Highway Motor Vehicle Act, "penalty assessment misdemeanor" means violation of any provision of the Off-Highway Motor Vehicle Act for which a violator may be subject to the following: CLASS 1 VIOLATIONS SECTION VIOLATED PENALTY ASSESSMENT failure to possess a registration certificate or nonresident permit 66-3-1010.3 $10.00 violations involving headlights or taillights 66-3-1010.3 10.00 failure to possess an off-highway motor vehicle safety permit 66-3-1010.3 10.00 selling a vehicle that produces noise in excess of ninety-six decibels 66-3-1010.3 10.00 any violation of the Off-Highway Motor Vehicle Act not otherwise specifically defined elsewhere in this section 66-3-1010.3 10.00 CLASS 2 VIOLATIONS SECTION VIOLATED PENALTY ASSESSMENT failure to complete a required off-highway motor vehicle safety training course 66-3-1010.2 $50.00 operating a vehicle in excess of ten miles per hour within two hundred feet of a business, animal shelter, horseback rider, bicyclist, pedestrian, livestock or occupied dwelling 66-3-1010.3 50.00 a person under the age of eighteen but at least fifteen years of age who operates an off-highway motor vehicle in violation of the supervision requirements of the Off-Highway Motor Vehicle Act 66-3-1010.3 50.00 operating an off-highway motor vehicle that produces noise that exceeds ninety-six decibels 66-3-1010.3 50.00 unauthorized installation, removal, destruction or defacing of a motor vehicle sign 66-3-1011 50.00 CLASS 3 VIOLATIONS SECTION VIOLATED PENALTY ASSESSMENT operating a vehicle that is not equipped with an approved spark arrester 66-3-1010.3 $100.00 operating an off-highway motor vehicle while in pursuit of and with intent to hunt or take a species of animal or bird protected by law, unless otherwise authorized by the state game commission 66-3-1010.3 100.00 operating an off-highway motor vehicle in pursuit of or harassment of livestock in any manner that negatively affects the livestock's condition 66-3-1010.3 100.00 operating an off-highway motor vehicle on or within an earthen tank or other structure meant to water livestock or wildlife 66-3-1010.3 100.00 operating a motor vehicle in a manner that has a direct negative effect on or interferes with persons engaged in agricultural practices 66-3-1010.3 100.00 a person under the age of eighteen operating an off-highway motor vehicle without wearing eye protection and a safety helmet 66-3-1010.3 100.00 a person under the age of eighteen operating an off-highway motor vehicle while carrying a passenger 66-3-1010.3 100.00 a person under the age of fifteen but at least ten years of age who operates an off-highway motor vehicle in violation of the supervision requirements of the Off-Highway Motor Vehicle Act 66-3-1010.3 100.00 a person under the age of ten operating an all-terrain vehicle or recreational off- highway motor vehicle that is not an age-appropriate size-fit or who operates an off-highway motor vehicle in violation of the supervision requirements of this section 66-3-1010.3 100.00 CLASS 4 VIOLATIONS SECTION VIOLATED PENALTY ASSESSMENT operating an off-highway motor vehicle in a careless, reckless or negligent manner so as to endanger the person or property of another 66-3-1010.3 $200.00 operating an off-highway motor vehicle on any road or area closed to off- highway motor vehicle traffic under local, state or federal regulations 66-3-1010.3 200.00 operating an off-highway motor vehicle on a limited-access highway or freeway 66-3-1011 200.00. C. The penalty for second, third and subsequent violations within a three-year time period shall be increased as follows: (1) a second violation in a class 1 penalty category involving failure to possess a registration certificate or nonresident permit shall be increased to a class 2 penalty category; (2) any class 2 or class 3 violation for a second or greater infraction within a three-year period shall be increased to the next-highest penalty assessment category; and (3) each subsequent violation in a class 4 penalty category will result in an additional penalty of two hundred dollars ($200). D. Multiple violations for the same incident shall be treated as a single event and shall not result in graduated penalties. E. 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. F. 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.