With the Governing Body’s consent to a new vendor contract on Feb. 8, 2017, four mobile units will start to be deployed around the City beginning on Feb. 13, 2017. Pursuant to the contract terms, for 30 days beginning on Feb. 13 only warning notices will be issued for those found speeding. After this 30-day warning period ends, a $100 citation will be issued for those found speeding. Four additional mobile units will be added to the deployment fleet within the next couple of months.
Violation notice will include address of registered owner, owners or nominee according to the address registered with the New Mexico Department of Motor Vehicles; effective date of violation notice; type of violation; date, time and location of violation; pictures of the violation; license number of vehicle; amount of violation; response due date; right to a hearing with a hearing officer, and right to nominate (if driver of vehicle who incurred the violation is not the registered owner of the vehicle).
Response time to pay fine, request hearing or make a nomination will be 35 days from the effective date of notice.
If a response (payment, nomination or hearing request) to the violation notice is not received within the 35 days, the registered owner is in default and subject to an additional $25 late fee. The violator will receive another notice indicating they have 20 days to either pay the violation or request a hearing, and if the default is not cured at this point, remedies for collection of a debt may be pursued.
Options for resolving the automated photo enforcement notice of violation include:
Pay by Mail
Each notice of violation must be paid in full or a hearing request must be received on or before the due date.
Along with your payment, you must complete and return option C of the notice of violation. Please include your notice of violation number on your check or money order to ensure timely processing.
Make checks or money orders payable to “Photo STOP.” A $50 administrative fee will be assessed for rejected or declined payments.
Please do not send cash through the mail as cash payments are not accepted.
You may pay your notice of violation online and also view a short video of the violation at Photo Notice. The city’s code is RRNCNM.
You can pay online with Visa or Mastercard.
Request a Hearing to Contest a Complaint
You may request a hearing to contest your notice of violation.
To request a hearing, complete option B of the notice of violation. Mail this request for hearing to:
Rio Rancho Police Department Headquarters
ATTN: Safe Traffic Operations Program (STOP)
500 Quantum Road
Rio Rancho, NM 87124
You will be notified by mail of your hearing date. Hearings are scheduled within 90 days from the date of the request for a hearing. You must appear for your hearing on the date and time assigned. At that time you will be given the opportunity to testify and to present any evidence that you believe is relevant.
The following defenses, in addition to any other defenses available under law, may be presented at the hearing with burden of proof concerning all defenses the responsibility of the person requesting the hearing:
1) Vehicle was stolen or otherwise being driven without the registered owner’s knowledge or permission at the time of the alleged violation. In order to assert this defense, the registered owner shall provide a police report pertaining to the theft.
2) The ownership of the vehicle had lawfully been transferred and conveyed from the registered owner to another person before the time of the alleged violation. To assert this defense, the registered owner shall identify the transferee and provide proof of conveyance.
3) The evidence does not show that a violation was committed involving the subject vehicle.
4) The registered owner was not driving the vehicle at the time of the violation. To assert this defense, the registered owner shall identify the actual driver and comply with the nomination provision.
5) The registered owner did not receive notice because the fine note was not mailed to the address of record with the Department of Motor Vehicles.
If you fail to respond/attend the requested hearing, you will be subject to additional fines, and a default judgment may be entered against you.
If the fine is confirmed at the hearing by the hearing officer, it must be paid within 10 days.
An individual can appeal a hearing officer’s decision to district court.
The hearing officer may allow community service as an alternative to payment of fines.
Automated enforcement violations are enforced the same way parking tickets are enforced. The registered owner, or owners, of the vehicle are responsible without regard to whether they were actually driving at the time of the violation.
If you are a person or business that owns a fleet, rents cars or otherwise lets other people drive your car, you can accept the responsibility and pay the fine, or you can name the person who was actually driving during the time of the violation. A nomination is done by exercising option A on the notice of violation.
Once a nomination takes place, a new notice of violation will be mailed to the nominee. The effective date of the notice sent to the nominee is the day the notice is issued to the nominee as indicated on the notice. If the nominee successfully appeals the allegation that he or she was the driver or defaults, the registered owner can have a new fine notice issued to them.
Please note that a registered vehicle owner can only use the nomination process once.