Section 66-7-411 - Authorized representative may weigh vehicles and require removal of excess loads; graduated penalties.
66-7-411. Authorized representative may weigh vehicles and require removal of excess loads; graduated penalties.
A. A police officer with the motor transportation division or the New Mexico state police division of the department of public safety, having reason to believe that the weight of a vehicle and load is unlawful, may require the driver to stop and submit to weighing of the vehicle and load by means of either portable or stationary scales and may require the vehicle to be driven to the nearest scales approved by the department of public safety if the scales are within five miles.
B. When a police officer with the motor transportation division or the New Mexico state police division of the department of public safety or a transportation inspector, upon weighing a vehicle or combination, determines that the gross vehicle weight or combination gross vehicle weight exceeds the maximum authorized by Sections 66-7-409 and 66-7-410 NMSA 1978, the officer or inspector shall require the driver or owner of the vehicle or combination to unload that portion of the load necessary to decrease the gross vehicle weight or combination gross vehicle weight to the authorized maximum.
C. A driver of a vehicle who fails or refuses to stop and submit the vehicle and load to weighing or who fails or refuses, when directed by a duly authorized police officer with the motor transportation division or the New Mexico state police division of the department of public safety or a transportation inspector, upon a weighing of the vehicle, to unload the vehicle and otherwise comply with the provisions of this section is guilty of a misdemeanor.
D. A shipper or a person loading the vehicle who intentionally overloads a vehicle that the shipper or person has reason to believe will travel in that condition upon a public highway is guilty of a misdemeanor and shall be fined in accordance with Subsection E of this section.
E. In all cases of violations of weight limitations, the penalties shall be assessed and imposed in accordance with the following schedule:
WEIGHT OF EXCESS
LOAD IN POUNDS
AMOUNT OF FINE 1 to 3,000 fifty dollars ($50.00) 3,001 to 4,000 eighty dollars ($80.00) 4,001 to 5,000 one hundred dollars ($100) 5,001 to 6,000 one hundred fifty dollars ($150) 6,001 to 7,000 two hundred fifty dollars ($250) 7,001 to 8,000 three hundred fifty dollars ($350) 8,001 to 9,000 four hundred dollars ($400) 9,001 to 10,000 five hundred dollars ($500) over 10,000 seven hundred dollars ($700).