N.M. Stat. § 66-8-116.2
As used in the Motor Vehicle Code and the Motor Carrier Act [65-2A-1 to 65-2A-41 NMSA 1978], "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:
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. |
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. |
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. |
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. |
NMS § 66-8-116.2