{"data":{"id":"us-nm/66-3-1020","jurisdiction":"us-nm","citation":"66-3-1020","heading":"Penalties.","body":"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.\nB. 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:\nCLASS 1 VIOLATIONS\tSECTION VIOLATED\tPENALTY ASSESSMENT\nfailure to possess a registration certificate or nonresident permit\t66-3-1010.3\t$10.00\nviolations involving headlights or taillights\t66-3-1010.3\t10.00\nfailure to possess an off-highway motor vehicle safety permit\t66-3-1010.3\t10.00\nselling a vehicle that produces noise in excess of ninety-six decibels\t66-3-1010.3\t10.00\nany violation of the Off-Highway Motor Vehicle Act not otherwise specifically defined elsewhere in this section\t66-3-1010.3\t10.00\nCLASS 2 VIOLATIONS\tSECTION VIOLATED\tPENALTY ASSESSMENT\nfailure to complete a required off-highway motor vehicle safety training course\t66-3-1010.2\t$50.00\noperating 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\t66-3-1010.3\t50.00\na 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\t66-3-1010.3\t50.00\noperating an off-highway motor vehicle that produces noise that exceeds ninety-six decibels\t66-3-1010.3\t50.00\nunauthorized installation, removal, destruction or defacing of a motor vehicle sign\t66-3-1011\t50.00\nCLASS 3 VIOLATIONS\tSECTION VIOLATED\tPENALTY ASSESSMENT\noperating a vehicle that is not equipped with an approved spark arrester\t66-3-1010.3\t$100.00\noperating 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 [state wildlife commission]\t66-3-1010.3\t100.00\noperating an off-highway motor vehicle in pursuit of or harassment of livestock in any manner that negatively affects the livestock's condition\t66-3-1010.3\t100.00\noperating an off-highway motor vehicle on or within an earthen tank or other structure meant to water livestock or wildlife\t66-3-1010.3\t100.00\noperating a motor vehicle in a manner that has a direct negative effect on or interferes with persons engaged in agricultural practices\t66-3-1010.3\t100.00\na person under the age of eighteen operating an off-highway motor vehicle without wearing eye protection and a safety helmet\t66-3-1010.3\t100.00\na person under the age of eighteen operating an off-highway motor vehicle while carrying a passenger\t66-3-1010.3\t100.00\na 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\t66-3-1010.3\t100.00\na 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 of this section\t66-3-1010.3\t100.00\nCLASS 4 VIOLATIONS\tSECTION VIOLATED\tPENALTY ASSESSMENT\noperating an off-highway motor vehicle in a careless, reckless or negligent manner so as to endanger the person or property of another\t66-3-1010.3\t$200.00\noperating an off-highway motor vehicle on any road or area closed to off- highway motor vehicle traffic under local, state or federal regulations\t66-3-1010.3\t200.00\noperating an off-highway motor vehicle on a limited-access highway or freeway\t66-3-1011\t200.00.\nC. The penalty for second, third and subsequent violations within a three-year time period shall be increased as follows:\n(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;\n(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\n(3) each subsequent violation in a class 4 penalty category will result in an additional penalty of two hundred dollars ($200).\nD. Multiple violations for the same incident shall be treated as a single event and shall not result in graduated penalties.\nE. 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.\nF. 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.","path":["Chapter 66 - Motor Vehicles","ARTICLE 3 Registration Laws; Security Interests; Anti-Theft Provisions; Bicycles; Equipment; Unsafe Vehicles; Off-Highway Motor Vehicles; Other Vehicles"],"source_url":"https://nmonesource.com/nmos/nmsa-unanno/en/item/18569/index.do","current_through":"2026-07-01","vintage":"","retrieved_at":"2026-09-03T15:02:20Z","sha256":"9d51dfee57603e36b0c0fde6cd2d20c8649a5adb87e5d12bf77b4a54c77fbf8e","source_id":"us-nm","stale":false,"prev":"us-nm/66-3-1019","next":"us-nm/66-3-1021"},"notice":"GroundRules: Original legal text. Not legal advice."}