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Current as of January 01, 2024 | Updated by FindLaw Staff
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 | PENALTY | |
---|---|---|---|
VIOLATED | 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 | PENALTY | |
VIOLATED | 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 | PENALTY | |
VIOLATED | 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 | PENALTY | |
VIOLATED | 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.
Cite this article: FindLaw.com - New Mexico Statutes Chapter 66. Motor Vehicles § 66-3-1020. Penalties - last updated January 01, 2024 | https://codes.findlaw.com/nm/chapter-66-motor-vehicles/nm-st-sect-66-3-1020/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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