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MVD POINTS REGULATIONS

18 NMAC 19.5.11 to 18 NMAC 19.5.11.7.4

Authorizes the Department to suspend the driver's license of an individual who has been convicted of violations of the traffic laws with such a frequency as to show disrespect for those laws or has found to be an habitually reckless or negligent driver of a motor vehicle.
To provide a reasonable, objective and fair method by which the Department may determine whether an individual shows disrespect for the traffic laws of this state through frequency of conviction for violations or is habitually reckless or negligent and to promote the public safety by removing such drivers from the roads, the Department establishes a "point system" with these regulations.

SUMMARY OF POINT SYSTEM

6 Points	The Department may warn a driver of the possibility of suspension of driver's license.
7-10 Points	If a driver has been assessed from 7 to 10 points for violations within a one year period, the Department receives a recommendation from a municipal or magistrate judge that the driver's license be suspended for a period no more than 3 months.
12 Points	If a driver has been assessed from 12 or more points for violations within a one year period, the Department shall suspend the driver's license for a period of 12 months.
Reinstatement	The following conditions must be met: 1. That person presents proof satisfactory to the Division showing successful completion in a timely manner by that person of an approved driver improvement course.  The course must be approved by the Traffic Safety Bureau of the State Highway and Transportation Department. Completion of the course must have occurred within 90 days immediately preceding the application for reinstatement. 2. The driver pays, to the Division, a reinstatement fee pursuant to Section 66-5-33.1 NMSA 1978. 3. The driver must also successfully complete any required driver's examination administered by the Division prior to the issuance of the driver's license.

POINT SYSTEM SCHEDULE FOR VIOLATIONS

Violation Code	State Statute	Definition	Points
XH6	66-7-301	Speeding 26 or more MPH over the posted speed limit on any trafficway if the limit is 15, 30, or 75 MPH.	8
XH7	66-7-301	Speeding 26 or more MPH over the posted speed limit on any trafficway if the limit is other than 15, 30, or 75 MPH and the speed was at least 76 MPH.	8
PA4	66-7-347	Passing school bus taking on or discharging passengers or displaying warning not too pass.	6
C20/RK1	66-8-113	Reckless driving.	6
SP1	66-8-115	Contest racing on trafficway.	6
XH4	66-7-301	Speeding 16 to 25 MPH over the posted speed limit on any trafficway if the limit is 15, 30, or 75 MPH.	5
XH5	66-7-301	Speeding 16 to 25 MPH over the posted speed limit on any trafficway if the limit is other than 15, 30, or 75 MPH and the speed was at least 76 MPH.	5
RW1	66-7-332	Failure to yield right of way to am authorized emergency vehicle.	4
C19/RK2	66-8-114	Careless driving	3
SC2	66-7-104 66-7-341 66-7-342	Failure to obey traffic instructions stated on traffic sign or shown by traffic control device.	3
C22/FO1	66-7-318	Following the vehicle ahead to closely.	3
RW3	66-7-328	Failure to yield right of way in manner required.	3
XG6	66-7-329	Vehicle turning left at intersection.	3
RW2	66-7-330 66-7-331 66-7-345c 66-7-345d 66-7-346	Failure to yield right of way at yield sign after stop or when emerging from private trafficway.	3
XG7	66-7-343	Certain vehicles must stop at railroad grade crossings.	3
MS2	66-7-354	Improper backing.	3
TU3	66-7-322 66-7-323	Making improper turn.	3
XG-1	66-7-308	Failure to drive on right side of roadway when required.	3
XG2	66-7-309	Passing vehicles proceeding in opposite directions.	3
XG3	66-7-310 66-7-311	Improper overtaking or passing of a vehicle.	3
XG4	66-7-313	Driving to the left of center or roadway when prohibited.	3
PA1	66-7-315	Passing where prohibited by posted signs, pavement markings, or hill or curve.	3
PA3	66-7-312	Passing with insufficient distance allowed for other vehicles or with inadequate visibility.	3
XH2	66-7-301	Speeding 16 to 25 MPH over the posted speed limit on any trafficway if the limit is 15, 30, or 75 MPH.	3
XH3	66-7-301	Speeding 16 to 25 MPH over the posted speed limit on any trafficway if the limit is other than 15, 30, or 75 MPH and the speed was at least 76 MPH.	3
DE5	66-3-801 66-3-807 66-3-901	Operating with any defective equipment resulting in inability to control vehicle movement properly.	2
DE2	66-3-840	Operating with defective brakes.	2
SI1	66-7-325	Failure to signal intention to change vehicle direction or reduce speed suddenly.	2
SI2	66-7-326	Giving wrong signal.	2
EM2	66-7-357	Overloading vehicle with passengers or cargo.	2
CR1	66-7-369	Failure to restrain child passenger properly.	2
SB1	66-7-372	Failure to use seatbelt properly.	2

Last Modified

DEC 2011