As used in the Motor Vehicle Code and the Motor Carrier Act [Chapter 65, Article 2A NMSA 1978], "penalty assessment misdemeanor" means, in addition to the definitions of that term in Sections 66-8-116 and 66-8-116.1 NMSA 1978, violation of the following listed sections of the NMSA 1978 for which, except as provided in Subsection E of this section, the listed penalty is established:
A. GENERAL
B. VEHICLE OUT-OF-SERVICE VIOLATIONS
C. DRIVER OUT-OF-SERVICE VIOLATIONS
D. HAZARDOUS MATERIALS OUT-OF-SERVICE VIOLATIONS
E. Upon a second conviction for failure to stop at a port of entry or inspection station pursuant to Section 65-5-1 NMSA 1978, the penalty assessment shall be two hundred fifty dollars ($250). Upon a third or subsequent conviction, the penalty assessment shall be five hundred dollars ($500).