§ 66-8-116 — Penalty assessment misdemeanors; definition; schedule

of assessments. A. As used in the Motor Vehicle Code and the Boat Act [Chapter 66, Article 12 NMSA 1978], "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 66-7-340 25.00 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 66-7-376 250.00. 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).

Legislative History

1953 Comp., § 64-8-116, enacted by Laws 1978, ch. 35, § 524; 1981, ch. 360,