New Mexico Statutes Chapter 66. Motor Vehicles § 66-8-116.2. Penalty assessment misdemeanors; motor carrier act

Current as of January 01, 2024 | Updated by FindLaw Staff

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	66-3-1.1	$300.00
Failure to carry tax identification permit	65-1-26	300.00
Failure of motor carrier to comply with weight distance requirements of the Weight Distance Tax Act	65-1-26
	(1) first conviction		300.00
	(2) second conviction, within ten years of the first conviction		500.00
	(3) third or subsequent conviction, within ten years of the first conviction		1,000.00
Failure to comply with department of transportation rules	65-2A-7	50.00
Failure to carry single state registration receipt issued by a base state	65-2A-7	50.00
Failure to register with a base state under the federal Unified Carrier Registration Act of 2005	65-2A-16	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).

Back to chapter list

Previous part of code Next part of code

Back to chapter list

Cite this article: FindLaw.com - New Mexico Statutes Chapter 66. Motor Vehicles § 66-8-116.2. Penalty assessment misdemeanors; motor carrier act - last updated January 01, 2024 | https://codes.findlaw.com/nm/chapter-66-motor-vehicles/nm-st-sect-66-8-116-2/

Read this complete New Mexico Statutes Chapter 66. Motor Vehicles § 66-8-116.2. Penalty assessment misdemeanors; motor carrier act on Westlaw. Westlaw subscription required.

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.

Was this helpful?

Easy to understand

Solved my problem

Other

Missing the information I need

Too complicated / too many steps

Out of date

Other

Welcome to FindLaw's Cases & Codes

A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law.

Go to Learn About the Law

Learn About the Law

Get help with your legal needs

FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.

Go to Learn About the Law

Need to find an attorney?

Search our directory by legal issue

Enter information in one or both fields (Required)

New Mexico Statutes Chapter 66. Motor Vehicles § 66-8-116.2. Penalty assessment misdemeanors; motor carrier act

Search all New Mexico Codes

Welcome to FindLaw's Cases & Codes

Latest Blog Posts

For Legal Professionals

Learn About the Law

Need to find an attorney?