NMSA 66-3-1020. Penalties

66-3-1020. Penalties. 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 66-3-1011 50.00 of a motor vehicle sign 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 [state wildlife commission] 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 66-3-1010.3 100.00 of this section 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 66-3-1010.3 200.00 regulations 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. History: Laws 2005, ch. 325, § 22; 2009, ch. 53, § 12.