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
    Xh3 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