Section 65-2A-33 - Criminal and civil penalties. - New Mexico Statutes

65-2A-33. Criminal and civil penalties.

A.     A person who knowingly makes a false statement of material fact under oath in a commission proceeding, whether orally or in writing, shall be guilty of perjury.   

B.     A person who willfully makes a false return of process or report to the commission or a member or employee of the commission, and a person who knowingly aids or abets a person who willfully makes a false return of process or report to the commission or a member or employee of the commission, shall be guilty of a felony, and upon conviction shall be imprisoned for not more than five years.   

C.     A person who willfully makes a false entry in records required by the Motor Carrier Act [65-2A-1 NMSA 1978] or the rules of the commission, willfully destroys, mutilates or by other means willfully falsifies the records or willfully neglects or fails to make full, true and correct entries of all facts, shall be guilty of a felony and upon conviction shall be imprisoned for not more than five years.   

D.     An employee of the commission who divulges information about an inspection, examination or investigation of a record or of the property and facilities of a motor carrier, except insofar as may be authorized by the commission or a court of competent jurisdiction, shall be guilty of a misdemeanor and upon conviction shall be fined not more than one thousand dollars ($1,000).   

E.     A person who violates or who procures, aids or abets in the violation of a provision of the Motor Carrier Act or a rule or order of the commission shall be guilty of a misdemeanor and upon conviction shall be fined not more than one thousand dollars ($1,000), imprisoned for not more than ninety days, or both.   

F.     A motor carrier shall be guilty of a misdemeanor and upon conviction shall be fined not more than five hundred dollars ($500), imprisoned for not more than six months, or both, if the motor carrier:   

(1)     refuses to permit examination of its records;   

(2)     conceals, destroys or mutilates its records;   

(3)     attempts to conceal, destroy or mutilate its records; or   

(4)     removes its records beyond the limits of the state for the purpose of preventing examination.   

G.     A person who commits weight-bumping shall be guilty of a felony and upon conviction shall be fined not less than one thousand dollars ($1,000) nor more than ten thousand dollars ($10,000), imprisoned for not more than two years, or both.   

H.     A person shall be assessed a civil penalty of not more than two thousand dollars ($2,000) for each violation and not more than five thousand dollars ($5,000) for each subsequent violation if the person knowingly engages in or authorizes an agent or other person to:   

(1)     falsify the documents used in the transportation of household goods that evidence the weight of shipment; or   

(2)     charge for accessorial services that are not performed, or for which the carrier is not entitled to be compensated, in a case in which such services are not reasonably necessary for the safe and adequate transportation of the shipment.   

I.     A law enforcement officer of the state shall arrest and the district attorney and attorney general shall prosecute a violation of the Motor Carrier Act.