New Mexico 2025 Regular Session

New Mexico Senate Bill SB226 Latest Draft

Bill / Introduced Version Filed 01/31/2025

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SENATE BILL 226
57
TH LEGISLATURE 
-
 
STATE
 
OF
 
NEW
 
MEXICO
 
-
 FIRST SESSION
,
 
2025
INTRODUCED BY
George K. Muñoz
AN ACT
RELATING TO MOTOR VEHICLES; ESTABLISHING A MAXIMUM SPEED LIMIT
FOR TRUCK TRACTORS; PROVIDING A PENALTY.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 66-7-301 NMSA 1978 (being Laws 1978,
Chapter 35, Section 405, as amended) is amended to read:
"66-7-301.  SPEED REGULATION.--
A.  No person shall drive a vehicle on a highway at
a speed greater than:
(1)  fifteen miles per hour on all highways
when passing a school while children are going to or leaving
school and when the school zone is properly posted;
(2)  thirty miles per hour in a business or
residence district;
(3)  fifty-five miles per hour on a county
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road, as defined in Section 66-7-304 NMSA 1978, without a
posted speed limit;
(4)  seventy-five miles per hour; and
(5)  the posted speed limit in construction
zones posted as double fine zones or other safety zones posted
as double fine zones as designated by the department of
transportation; provided that the posted speed limit shall be
determined by an engineering study performed by the department
of transportation.
B.  In every event, speed shall be so controlled by
the driver as may be necessary:
(1)  to avoid colliding with a person, vehicle
or other conveyance on or entering the highway;
(2)  to comply with legal requirements as may
be established by the department of transportation or the New
Mexico state police division of the department of public safety
and the duty of all persons to use due care; and
(3)  to protect workers in construction zones
posted as double fine zones or other safety zones posted as
double fine zones as designated by the department of
transportation.
C.  No person shall drive a truck tractor on a
highway at a speed greater than sixty-five miles per hour.
[C.] D. The speed limits set forth in Subsection A
of this section may be altered as authorized in Section
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66-7-303 NMSA 1978."
SECTION 2. 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
Transfer of registration
 and title 66-3-103 25.00
Expiration of dealer
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 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
Failure to obey signal 66-7-105 25.00
Pedestrian signs and 
 signals 66-7-106
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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
 (6) from thirty-one up to
     and including thirty-five
     miles an hour over the
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     speed limit 150.00
 (7) more than thirty-five
     miles an hour over the
     speed limit 200.00
 (8) truck tractor more than
sixty-five miles per hour  250.00
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
Controlled access
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 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 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 
66-7-327 25.00
Riding on motorcycles 66-7-355 100.00
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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
Improper equipment 66-3-901 50.00
Improper emergency
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 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
 violation 50.00
Using a handheld mobile
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 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
permit for excessive size or weight pursuant to Section
66-7-413 NMSA 1978, the penalty assessment shall be two hundred
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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)."
SECTION 3. EFFECTIVE DATE.--The effective date of the
provisions of this act is July 1, 2025.
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