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SENATE BILL 241
57
TH LEGISLATURE
-
STATE
OF
NEW
MEXICO
-
FIRST SESSION
,
2025
INTRODUCED BY
Roberto "Bobby" J. Gonzales
AN ACT
RELATING TO MOTOR VEHICLES; ENACTING THE HIGHWAY CONSTRUCTION
ZONE AUTOMATED SPEED ENFORCEMENT ACT; AUTHORIZING THE
DEPARTMENT OF TRANSPORTATION TO USE AUTOMATED SPEED DETECTION
DEVICES TO DETECT SPEEDING VIOLATIONS; AUTHORIZING AN AUTOMATED
TRAFFIC ENFORCEMENT SYSTEM TO ISSUE AND ENFORCE CIVIL FINES FOR
SPEEDING VIOLATIONS WITHIN DESIGNATED CONSTRUCTION ZONES;
PROVIDING FOR HEARINGS; REQUIRING RULEMAKING; IMPOSING
PENALTIES; MAKING AN APPROPRIATION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. [NEW MATERIAL] SHORT TITLE.--This act may be
cited as the "Highway Construction Zone Automated Speed
Enforcement Act".
SECTION 2. [NEW MATERIAL] DEFINITIONS.--As used in the
Highway Construction Zone Automated Speed Enforcement Act:
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A. "automated speed detection device" means a
device that combines a camera and a speed detection instrument
to automatically detect when a motor vehicle is violating a
posted speed limit, record the speed, take a digital image of
the violating vehicle's vehicle registration number and send a
date- and time-stamped copy of the detected speed and vehicle
registration number image to a collection point;
B. "automated traffic enforcement system" includes
the appointment and management of hearing examiners, the
collection of civil fines, the installation and maintenance of
automated speed detection devices in highway construction zones
throughout the state and the transmittal of information
collected by the automated speed detection devices to the
division;
C. "bureau" means the traffic safety bureau of the
department;
D. "department" means the department of
transportation;
E. "division" means the New Mexico state police
division of the department of public safety; and
F. "owner" means the registered owner of a motor
vehicle.
SECTION 3. [NEW MATERIAL] CONSTRUCTION ZONES--AUTOMATED
DETECTION OF SPEED LIMIT VIOLATIONS--HEARING EXAMINERS--STRICT
LIABILITY.--
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A. The department may:
(1) use an automated traffic enforcement
system to detect and collect evidence of violations of posted
speed limits in posted construction zones on state highways;
and
(2) appoint a hearing examiner to hold
hearings to:
(a) determine the applicability of a
speed limit violation determination made pursuant to Section 4
of the Highway Construction Zone Automated Speed Enforcement
Act; and
(b) upon a finding of a valid speed
limit violation, impose a fine in accordance with Section 6 of
the Highway Construction Zone Automated Speed Enforcement Act.
B. An owner is strictly and vicariously liable for
a speeding violation determined pursuant to the Highway
Construction Zone Automated Speed Enforcement Act. When a
vehicle has more than one owner, all of the owners are jointly
and severally liable for the violation.
SECTION 4. [NEW MATERIAL] COLLECTION OF EVIDENCE--STATE
POLICE REVIEW--NOTICE OF CIVIL FINE--REQUEST FOR HEARING--
DEFAULT.--
A. The department shall provide the evidence of
speed limit violations collected by an automated traffic
enforcement system to the division for review. When upon
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review of the evidence, the division determines that a speed
violation has occurred, the division shall so inform the
department and provide to the department the address and name
of the owner and the vehicle registration number of the
violating vehicle.
B. Upon receipt of a determination of a speed
violation by the division, the department shall send a notice
of a civil fine to the owner by certified mail that advises the
owner that payment for the fine or a request for a hearing must
be received by the department no later than thirty days after
the date of the notice that was mailed by the department.
C. Upon receipt of a civil fine notice, an owner
may either pay the fine or request a hearing to be held by a
hearing examiner appointed by the department. The request for
a hearing shall state that the determination of a speed
violation is not applicable to the owner based on one or more
of the following allowable defenses:
(1) the vehicle was stolen or was otherwise
being driven by another person without the owner's knowledge or
permission;
(2) the ownership of the vehicle had lawfully
been transferred and conveyed from the person registered as the
owner to another person before the time of the alleged
violation and the person who conveyed ownership was not the
driver of the vehicle at the time of the alleged violation;
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(3) the evidence does not show that the
subject vehicle was involved in the alleged violation; or
(4) the owner has received a traffic citation
from a law enforcement officer for the subject speed violation
pursuant to Sections 66-8-116 through 66-8-117 NMSA 1978 or a
municipal penalty assessment ordinance adopted pursuant to
Section 66-8-130 NMSA 1978.
D. When the department does not receive a payment
or a request for a hearing within thirty days of notice of a
civil fine, the owner shall be in default. If the default is
not cured, the department may pursue all legal remedies for
collection of the debt and is entitled to an award of
reasonable attorney fees incurred.
SECTION 5. [NEW MATERIAL] HEARING ON VIOLATION--RULES--
FINE DETERMINATION.--
A. When a hearing is timely requested pursuant to
Section 4 of the Highway Construction Zone Automated Speed
Enforcement Act, a hearing examiner shall schedule a hearing
within sixty days of the receipt of the request.
B. In a hearing held pursuant to this section:
(1) the rules of evidence and civil procedure
shall not apply;
(2) the hearing examiner shall ensure that an
orderly exchange of relevant information occurs and may exclude
irrelevant evidence or limit repetitive or unduly cumulative
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evidence, with or without objection;
(3) a final decision shall be supported by
competent evidence; and
(4) the department has the burden of proving
the violation by a preponderance of the evidence. The owner
has the burden of proving a defense allowable pursuant to
Section 4 of the Highway Construction Zone Automated Speed
Enforcement Act by a preponderance of the evidence.
C. Upon a finding by a hearing examiner that the
determination of a speed limit violation is applicable to an
owner, a civil fine shall be imposed in accordance with rules
promulgated pursuant to Section 6 of the Highway Construction
Zone Automated Speed Enforcement Act.
SECTION 6. [NEW MATERIAL] IMPLEMENTING RULES--FINE
AMOUNTS--DISTRIBUTION OF FINES.--
A. The department may promulgate rules to implement
an automated traffic enforcement system; provided that:
(1) the bureau shall be responsible for the
administration of an automated traffic enforcement system
implemented by rule;
(2) a contractor retained by the bureau to aid
in the administration of an automated traffic enforcement
system shall not be compensated based on the number of civil
fine notices that are issued; and
(3) the bureau shall contract with an
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independent third-party laboratory to, at minimum, annually
perform a calibration test on each automated speed detection
device in an automated traffic enforcement system implemented
by the state transportation commission.
B. The department shall impose the following civil
fines for violations of posted speed limits within designated
highway construction zones:
(1) fifty dollars ($50.00) for speed
violations of six to ten miles per hour over the posted limit;
(2) one hundred dollars ($100) for speed
violations of eleven to fifteen miles per hour over the posted
limit; and
(3) two hundred dollars ($200) for speed
violations of sixteen or more miles per hour over the speed
limit.
C. The fines collected pursuant to the Highway
Construction Zone Automated Speed Enforcement Act shall be
retained and are appropriated to the bureau to install,
maintain and administer an automated traffic enforcement
system.
SECTION 7. EFFECTIVE DATE.--The effective date of the
provisions of this act is July 1, 2025.
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