NM
New Mexico Senate Bill SB241

New Mexico 2025 Regular Session

New Mexico Senate Bill SB241 Compare Versions

Only one version of the bill is available at this time.
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2828 SENATE BILL 241
2929 57
3030 TH LEGISLATURE
3131 -
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3333 STATE
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3535 OF
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3737 NEW
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3939 MEXICO
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4242 FIRST SESSION
4343 ,
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4545 2025
4646 INTRODUCED BY
4747 Roberto "Bobby" J. Gonzales
4848 AN ACT
4949 RELATING TO MOTOR VEHICLES; ENACTING THE HIGHWAY CONSTRUCTION
5050 ZONE AUTOMATED SPEED ENFORCEMENT ACT; AUTHORIZING THE
5151 DEPARTMENT OF TRANSPORTATION TO USE AUTOMATED SPEED DETECTION
5252 DEVICES TO DETECT SPEEDING VIOLATIONS; AUTHORIZING AN AUTOMATED
5353 TRAFFIC ENFORCEMENT SYSTEM TO ISSUE AND ENFORCE CIVIL FINES FOR
5454 SPEEDING VIOLATIONS WITHIN DESIGNATED CONSTRUCTION ZONES;
5555 PROVIDING FOR HEARINGS; REQUIRING RULEMAKING; IMPOSING
5656 PENALTIES; MAKING AN APPROPRIATION.
5757 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
5858 SECTION 1. [NEW MATERIAL] SHORT TITLE.--This act may be
5959 cited as the "Highway Construction Zone Automated Speed
6060 Enforcement Act".
6161 SECTION 2. [NEW MATERIAL] DEFINITIONS.--As used in the
6262 Highway Construction Zone Automated Speed Enforcement Act:
6363 .229571.2SA underscored material = new
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9090 A. "automated speed detection device" means a
9191 device that combines a camera and a speed detection instrument
9292 to automatically detect when a motor vehicle is violating a
9393 posted speed limit, record the speed, take a digital image of
9494 the violating vehicle's vehicle registration number and send a
9595 date- and time-stamped copy of the detected speed and vehicle
9696 registration number image to a collection point;
9797 B. "automated traffic enforcement system" includes
9898 the appointment and management of hearing examiners, the
9999 collection of civil fines, the installation and maintenance of
100100 automated speed detection devices in highway construction zones
101101 throughout the state and the transmittal of information
102102 collected by the automated speed detection devices to the
103103 division;
104104 C. "bureau" means the traffic safety bureau of the
105105 department;
106106 D. "department" means the department of
107107 transportation;
108108 E. "division" means the New Mexico state police
109109 division of the department of public safety; and
110110 F. "owner" means the registered owner of a motor
111111 vehicle.
112112 SECTION 3. [NEW MATERIAL] CONSTRUCTION ZONES--AUTOMATED
113113 DETECTION OF SPEED LIMIT VIOLATIONS--HEARING EXAMINERS--STRICT
114114 LIABILITY.--
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143143 A. The department may:
144144 (1) use an automated traffic enforcement
145145 system to detect and collect evidence of violations of posted
146146 speed limits in posted construction zones on state highways;
147147 and
148148 (2) appoint a hearing examiner to hold
149149 hearings to:
150150 (a) determine the applicability of a
151151 speed limit violation determination made pursuant to Section 4
152152 of the Highway Construction Zone Automated Speed Enforcement
153153 Act; and
154154 (b) upon a finding of a valid speed
155155 limit violation, impose a fine in accordance with Section 6 of
156156 the Highway Construction Zone Automated Speed Enforcement Act.
157157 B. An owner is strictly and vicariously liable for
158158 a speeding violation determined pursuant to the Highway
159159 Construction Zone Automated Speed Enforcement Act. When a
160160 vehicle has more than one owner, all of the owners are jointly
161161 and severally liable for the violation.
162162 SECTION 4. [NEW MATERIAL] COLLECTION OF EVIDENCE--STATE
163163 POLICE REVIEW--NOTICE OF CIVIL FINE--REQUEST FOR HEARING--
164164 DEFAULT.--
165165 A. The department shall provide the evidence of
166166 speed limit violations collected by an automated traffic
167167 enforcement system to the division for review. When upon
168168 .229571.2SA
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196196 review of the evidence, the division determines that a speed
197197 violation has occurred, the division shall so inform the
198198 department and provide to the department the address and name
199199 of the owner and the vehicle registration number of the
200200 violating vehicle.
201201 B. Upon receipt of a determination of a speed
202202 violation by the division, the department shall send a notice
203203 of a civil fine to the owner by certified mail that advises the
204204 owner that payment for the fine or a request for a hearing must
205205 be received by the department no later than thirty days after
206206 the date of the notice that was mailed by the department.
207207 C. Upon receipt of a civil fine notice, an owner
208208 may either pay the fine or request a hearing to be held by a
209209 hearing examiner appointed by the department. The request for
210210 a hearing shall state that the determination of a speed
211211 violation is not applicable to the owner based on one or more
212212 of the following allowable defenses:
213213 (1) the vehicle was stolen or was otherwise
214214 being driven by another person without the owner's knowledge or
215215 permission;
216216 (2) the ownership of the vehicle had lawfully
217217 been transferred and conveyed from the person registered as the
218218 owner to another person before the time of the alleged
219219 violation and the person who conveyed ownership was not the
220220 driver of the vehicle at the time of the alleged violation;
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249249 (3) the evidence does not show that the
250250 subject vehicle was involved in the alleged violation; or
251251 (4) the owner has received a traffic citation
252252 from a law enforcement officer for the subject speed violation
253253 pursuant to Sections 66-8-116 through 66-8-117 NMSA 1978 or a
254254 municipal penalty assessment ordinance adopted pursuant to
255255 Section 66-8-130 NMSA 1978.
256256 D. When the department does not receive a payment
257257 or a request for a hearing within thirty days of notice of a
258258 civil fine, the owner shall be in default. If the default is
259259 not cured, the department may pursue all legal remedies for
260260 collection of the debt and is entitled to an award of
261261 reasonable attorney fees incurred.
262262 SECTION 5. [NEW MATERIAL] HEARING ON VIOLATION--RULES--
263263 FINE DETERMINATION.--
264264 A. When a hearing is timely requested pursuant to
265265 Section 4 of the Highway Construction Zone Automated Speed
266266 Enforcement Act, a hearing examiner shall schedule a hearing
267267 within sixty days of the receipt of the request.
268268 B. In a hearing held pursuant to this section:
269269 (1) the rules of evidence and civil procedure
270270 shall not apply;
271271 (2) the hearing examiner shall ensure that an
272272 orderly exchange of relevant information occurs and may exclude
273273 irrelevant evidence or limit repetitive or unduly cumulative
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302302 evidence, with or without objection;
303303 (3) a final decision shall be supported by
304304 competent evidence; and
305305 (4) the department has the burden of proving
306306 the violation by a preponderance of the evidence. The owner
307307 has the burden of proving a defense allowable pursuant to
308308 Section 4 of the Highway Construction Zone Automated Speed
309309 Enforcement Act by a preponderance of the evidence.
310310 C. Upon a finding by a hearing examiner that the
311311 determination of a speed limit violation is applicable to an
312312 owner, a civil fine shall be imposed in accordance with rules
313313 promulgated pursuant to Section 6 of the Highway Construction
314314 Zone Automated Speed Enforcement Act.
315315 SECTION 6. [NEW MATERIAL] IMPLEMENTING RULES--FINE
316316 AMOUNTS--DISTRIBUTION OF FINES.--
317317 A. The department may promulgate rules to implement
318318 an automated traffic enforcement system; provided that:
319319 (1) the bureau shall be responsible for the
320320 administration of an automated traffic enforcement system
321321 implemented by rule;
322322 (2) a contractor retained by the bureau to aid
323323 in the administration of an automated traffic enforcement
324324 system shall not be compensated based on the number of civil
325325 fine notices that are issued; and
326326 (3) the bureau shall contract with an
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355355 independent third-party laboratory to, at minimum, annually
356356 perform a calibration test on each automated speed detection
357357 device in an automated traffic enforcement system implemented
358358 by the state transportation commission.
359359 B. The department shall impose the following civil
360360 fines for violations of posted speed limits within designated
361361 highway construction zones:
362362 (1) fifty dollars ($50.00) for speed
363363 violations of six to ten miles per hour over the posted limit;
364364 (2) one hundred dollars ($100) for speed
365365 violations of eleven to fifteen miles per hour over the posted
366366 limit; and
367367 (3) two hundred dollars ($200) for speed
368368 violations of sixteen or more miles per hour over the speed
369369 limit.
370370 C. The fines collected pursuant to the Highway
371371 Construction Zone Automated Speed Enforcement Act shall be
372372 retained and are appropriated to the bureau to install,
373373 maintain and administer an automated traffic enforcement
374374 system.
375375 SECTION 7. EFFECTIVE DATE.--The effective date of the
376376 provisions of this act is July 1, 2025.
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