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SENATE BILL 213
57
TH LEGISLATURE
-
STATE
OF
NEW
MEXICO
-
FIRST SESSION
,
2025
INTRODUCED BY
Roberto "Bobby" J. Gonzales
AN ACT
RELATING TO MOTOR VEHICLES; ENACTING A NEW SECTION OF THE MOTOR
VEHICLE CODE REQUIRING VEHICLE DRIVERS TO YIELD THE RIGHT OF
WAY TO A TRANSIT BUS THAT IS DISPLAYING A YIELD SIGN; DEFINING
TERMS; PROVIDING PENALTIES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 66-1-4.11 NMSA 1978 (being Laws 1990,
Chapter 120, Section 12, as amended) is amended to read:
"66-1-4.11. DEFINITIONS.--As used in the Motor Vehicle
Code:
A. "mail" means any item properly addressed with
postage prepaid delivered by the United States postal service
or any other public or private enterprise primarily engaged in
the transport and delivery of letters, packages and other
parcels;
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B. "manufactured home" means a movable or portable
housing structure that exceeds either a width of eight feet or
a length of forty feet, constructed to be towed on its own
chassis and designed to be installed with or without a
permanent foundation for human occupancy;
C. "manufacturer" means every person engaged in the
business of constructing or assembling vehicles of a type
required to be registered under the Motor Vehicle Code;
D. "manufacturer's certificate of origin" means a
certification, on a form supplied by or approved by the
department, signed by the manufacturer that the new vehicle or
boat described in the certificate has been transferred to the
New Mexico dealer or distributor named in the certificate or to
a dealer duly licensed or recognized as such in another state,
territory or possession of the United States and that such
transfer is the first transfer of the vehicle or boat in
ordinary trade and commerce;
E. "mass transit" means a coordinated system of
transit modes providing transportation for use by the general
public;
[E.] F. "moped" means a two-wheeled or three-
wheeled vehicle with an automatic transmission and a motor
having a piston displacement of less than fifty cubic
centimeters, that is capable of propelling the vehicle at a
maximum speed of not more than thirty miles an hour on level
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ground, at sea level;
[F.] G. "motorcycle" means every motor vehicle
having a seat or saddle for the use of the rider and designed
to travel on not more than three wheels in contact with the
ground, including autocycles and excluding a tractor;
[G.] H. "motor home" means a camping body built on
a self-propelled motor vehicle chassis so designed that seating
for driver and passengers is within the body itself;
[H.] I. "motor vehicle" means every vehicle that is
self-propelled and every vehicle that is propelled by electric
power obtained from batteries or from overhead trolley wires,
but not operated upon rails, including an electric mobility
device, but does not include an electric-assisted bicycle; for
the purposes of the Mandatory Financial Responsibility Act,
"motor vehicle" does not include "special mobile equipment";
and
[I.] J. "motor vehicle insurance policy" means a
policy of vehicle insurance that covers self-propelled vehicles
of a kind required to be registered pursuant to New Mexico law
for use on the public streets and highways. A "motor vehicle
insurance policy":
(1) shall include:
(a) motor vehicle bodily injury and
property damage liability coverages in compliance with the
Mandatory Financial Responsibility Act; and
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(b) uninsured motorist coverage, subject
to the provisions of Section 66-5-301 NMSA 1978 permitting the
insured to reject such coverage; and
(2) may include:
(a) physical damage coverage;
(b) medical payments coverage; and
(c) other coverages that the insured and
the insurer agree to include within the policy."
SECTION 2. Section 66-1-4.14 NMSA 1978 (being Laws 1990,
Chapter 120, Section 15, as amended) is amended to read:
"66-1-4.14. DEFINITIONS.--As used in the Motor Vehicle
Code:
A. "park" or "parking" means the standing of a
vehicle, whether occupied or not, other than temporarily for
the purpose of and while actually engaged in loading and
unloading;
B. "parking lot" means a parking area provided for
the use of patrons of any office of state or local government
or of any public accommodation, retail or commercial
establishment;
C. "parts car" means a motor vehicle generally in
nonoperable condition that is owned by a collector to furnish
parts that are usually nonobtainable from normal sources, thus
enabling a collector to preserve, restore and maintain a motor
vehicle of historic or special interest;
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D. "passenger van" means a vehicle with seating for
thirteen or fewer people, a maximum interior headroom of
fifty-two inches and single rear tires;
[D.] E. "pedestrian" means any natural person on
foot;
[E.] F. "person" means every natural person, firm,
copartnership, association, corporation or other legal entity;
[F.] G. "personal information" means information
that identifies an individual, including an individual's
photograph, social security number, driver identification
number, name, address other than zip code, telephone number and
medical or disability information, but "personal information"
does not include information on vehicles, vehicle ownership,
vehicular accidents, driving violations or driver status;
[G.] H. "placard" or "parking placard" means a
card-like device that identifies the vehicle as being currently
in use to transport a person with severe mobility impairment
and issued pursuant to Section 66-3-16 NMSA 1978 to be
displayed inside a motor vehicle so as to be readily visible to
an observer outside the vehicle;
[H.] I. "platoon" means a series of motor vehicles
that are traveling in a unified manner by means of being
connected with wireless communications or other technology
allowing for coordinated movement;
[I.] J. "pneumatic tire" means every tire in which
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compressed air is designed to support the load;
[J.] K. "pole trailer" means any vehicle without
motive power, designed to be drawn by another vehicle and
attached to the towing vehicle by means of a reach or pole or
by being boomed or otherwise secured to the towing vehicle and
ordinarily used for transporting long or irregularly shaped
loads such as poles, structures, pipes and structural members
capable, generally, of sustaining themselves as beams between
the supporting connections;
[K.] L. "police or peace officer" means every
officer authorized to direct or regulate traffic or to make
arrests for violations of the Motor Vehicle Code;
[L.] M. "private road or driveway" means every way
or place in private ownership used for vehicular travel by the
owner and those having express or implied permission from the
owner, but not other persons; [and ]
[M.] N. "property owner" means the owner of a piece
of land or the agent of that property owner; and
O. "public mass transit operator" means an agency
or a political subdivision of the state that provides mass
transit services."
SECTION 3. Section 66-1-4.17 NMSA 1978 (being Laws 1990,
Chapter 120, Section 18, as amended) is amended to read:
"66-1-4.17. DEFINITIONS.--As used in the Motor Vehicle
Code:
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A. "tank vehicle" means a motor vehicle that is
designed to transport any liquid or gaseous material within a
tank that is either permanently or temporarily attached to the
vehicle or the chassis and that has either a gross vehicle
weight rating of twenty-six thousand one or more pounds or is
used in the transportation of hazardous materials requiring
placarding of the vehicle under applicable law;
B. "taxicab" means a motor vehicle used for hire in
the transportation of persons, having a normal seating capacity
of not more than seven persons;
C. "temporary off-site location" means a location
other than a dealer's established or additional place of
business that is used exclusively for the display of vehicles
or vessels for sale or resale and for related business;
D. "through highway" means every highway or portion
of a highway at the entrance to which vehicular traffic from
intersecting highways is required by law to stop before
entering or crossing it when stop signs are erected as provided
in the Motor Vehicle Code;
E. "title service company" means a person, other
than the department, an agent of the department, a licensed
dealer or the [motor transportation ] New Mexico state police
division of the department of public safety, who for
consideration issues temporary registration plates or prepares
and submits to the department on behalf of others applications
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for registration of or title to motor vehicles;
F. "traffic" means pedestrians, ridden or herded
animals, vehicles and other conveyances either singly or
together using any highway for purposes of travel;
G. "traffic-control signal" means any device,
whether manually, electrically or mechanically operated, by
which traffic is alternately directed to stop and to proceed;
H. "traffic safety bureau" means the traffic safety
bureau of the department of transportation;
I. "trailer" means any vehicle without motive
power, designed for carrying persons or property and for being
drawn by a motor vehicle, and so constructed that no
significant part of its weight rests upon the towing vehicle;
J. "transaction" means all operations necessary at
one time with respect to one identification card, one driver,
one vessel or one vehicle;
K. "transit bus" means a bus operated by a public
mass transit operator;
[K.] L. "transportation inspector" means an
employee of the [motor transportation ] New Mexico state police
division of the department of public safety who has been
certified by the director of the division to enter upon and
perform inspections of motor carriers' vehicles in operation;
[L.] M. "transporter of manufactured homes" means a
commercial motor vehicle operation engaged in the business of
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transporting manufactured homes from the manufacturer's
location to the first dealer's location. A "transporter of
manufactured homes" may or may not be associated with or
affiliated with a particular manufacturer or dealer;
[M.] N. "travel trailer" means a trailer with a
camping body and includes recreational travel trailers and
camping trailers;
[N.] O. "trial court" means the magistrate,
municipal or district court that tries the case concerning an
alleged violation of a provision of the Motor Vehicle Code;
[O.] P. "tribal court" means a court created by a
tribe or a court of Indian offense created by the United States
secretary of the interior;
[P.] Q. "tribe" means an Indian nation, tribe or
pueblo located wholly or partially in New Mexico;
[Q.] R. "truck" means every motor vehicle designed,
used or maintained primarily for the transportation of
property;
[R.] S. "truck camper" means a camping body
designed to be loaded onto, or affixed to, the bed or chassis
of a truck. A camping body, when combined with a truck or
truck cab and chassis, even though not attached permanently,
becomes a part of the motor vehicle, and together they are a
recreational unit to be known as a "truck camper"; there are
three general types of truck campers:
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(1) "slide-in camper" means a camping body
designed to be loaded onto and unloaded from the bed of a
pickup truck;
(2) "chassis-mount camper" means a camping
body designed to be affixed to a truck cab and chassis; and
(3) "pickup cover" or "camper shell" means a
camping body designed to provide an all-weather protective
enclosure over the bed of a pickup truck and to be affixed to
the pickup truck; and
[S.] T. "truck tractor" means every motor vehicle
designed and used primarily for drawing other vehicles and
constructed to carry a part of the weight of the vehicle and
load drawn."
SECTION 4. A new Section 66-7-332.2 NMSA 1978 is enacted
to read:
"66-7-332.2. [NEW MATERIAL ] YIELD TO TRANSIT BUSES
DISPLAYING PROPER SIGNAGE.--
A. A driver shall yield the right of way to a
transit bus, excepting a passenger van, when an illuminated
yield sign is displayed on the rear of the bus and the bus is
attempting to merge into a traffic lane from a designated bus
stop.
B. This section does not require a public mass
transit operator to install illuminated yield signs on the
buses it operates.
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C. This section does not relieve a driver of a
transit bus from any applicable traffic laws or duty of care.
D. A person who violates the provisions of this
section is guilty of a penalty assessment misdemeanor."
SECTION 5. Section 66-8-116 NMSA 1978 (being Laws 1978,
Chapter 35, Section 524, as amended) is amended to read:
"66-8-116. PENALTY ASSESSMENT MISDEMEANORS--DEFINITION--
SCHEDULE OF ASSESSMENTS.--
A. As used in the Motor Vehicle Code and the Boat
Act, "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
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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
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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
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(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
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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
and 66-7-332.2 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
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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
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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
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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
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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)."
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