reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 10 - Driver Education Schools › Section 66-10-12 - Exempt providers.

The Driving School Licensing Act shall not apply to nonprofit corporations that provide motor vehicle accident prevention courses approved by the traffic safety bureau of the department of transportation and that are engaged in providing courses exclusively for drivers who are fifty years of age or older.
History:
Laws 1993, ch. 68, § 55; 2015, ch. 6, § 1.
ANNOTATIONS
The 2015 amendment,
effective July 1, 2015, amended the exemption from the Driving School Licensing Act by requiring motor vehicle accident prevention courses under this section to be approved by the traffic safety bureau of the department of transportation, and by reducing, to fifty years old, the minimum age of course participants for these accident prevention courses; after prevention courses, deleted "that fulfill the requirements of Section 59A-32-14 NMSA 1978", and added "approved by the traffic safety bureau of the department of transportation", and after "drivers who are", deleted "fifty-five" and added "fifty".
Traffic safety bureau's authority to approve motor vehicle accident prevention courses.
— Nonprofit corporations that provide motor vehicle accident prevention courses approved by the traffic safety bureau and are engaged in providing courses exclusively for drivers who are fifty years of age or older are exempt from the Driver's School Licensing Act's (DSL Act) requirements, 66-10-12 NMSA 1978; this exemption does not suggest that the traffic safety bureau may only approve accident prevention courses for older drivers when they are provided by nonprofit corporations. The DSL Act requires the traffic safety bureau to license any "person, firm, association or corporation" including for-profit entities, it deems qualified to operate a driver education school or engage in the business of giving instruction for hire in the driving of motor vehicles.
Exemption from Driving School Licensing Act
(12/12/17), Att'y Gen. Adv. Ltr. 2017-07.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 11 - Vehicles of Historic and Special Significance › Section 66-11-1 - Purpose.

Recognizing the importance of constructive leisure pursuits by New Mexico citizens, this act [66-11-1 to 66-11-5 NMSA 1978] is intended to encourage responsible participation in the hobby of collecting, preserving, restoring and maintaining motor vehicles of historic and special interest. Further, New Mexico, recognizing that the current pattern of resource recycling leads to an ever-shortening period of existence for vehicles of historic or special interest establishes this act to ensure the preservation of our American heritage as it relates to the motor vehicle manufacturing industry. Further, this act recognizes that a vehicle representative of this heritage, being held by a hobbyist, finds significance as an historic or special interest vehicle through a personal relevance to the life of the collector holding it and through a general relevance as an example-artifact of the transportation history of New Mexico.
History:
1953 Comp., § 64-41-1, enacted by Laws 1975, ch. 35, § 1.
ANNOTATIONS
Cross references.
— For special "horseless carriage" plates,
see
66-3-27 NMSA 1978.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 11 - Vehicles of Historic and Special Significance › Section 66-11-2 - Definitions.

For the purposes of this act [66-11-1 to 66-11-5 NMSA 1978]:
A. "collector" means the owner of one or more vehicles of historic or special interest who collects, purchases, acquires, trades or disposes of these vehicles or parts thereof for his own use in order to preserve, restore and maintain a vehicle for hobby purposes;
B. "parts car" means a motor vehicle generally in nonoperable condition which is owned by a collector to furnish parts that are usually nonobtainable from normal sources, thus enabling a collector to preserve, restore and maintain a motor vehicle of historic or special interest; and
C. "historic or special interest vehicle" means a vehicle of any age which, because of its significance, is being collected, preserved, restored or maintained by a hobbyist as a leisure pursuit.
History:
1953 Comp., § 64-41-2, enacted by Laws 1975, ch. 35, § 2.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 11 - Vehicles of Historic and Special Significance › Section 66-11-3 - Storage provisions.

A collector may store motor vehicles or parts thereof on his private property provided such vehicles and parts cars, and the outdoor storage areas, are maintained in such a manner that they do not constitute a health, safety or fire hazard and are effectively screened from ordinary public view by means of a solid fence, trees, shrubbery or other appropriate means. Such storage areas shall be kept free of weeds, trash and other objectional [objectionable] items.
History:
1953 Comp., § 64-41-3, enacted by Laws 1975, ch. 35, § 3.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 11 - Vehicles of Historic and Special Significance › Section 66-11-4 - Special equipment.

A. Unless the presence of equipment named by the Motor Vehicle Code [66-1-1 NMSA 1978] was a prior condition for legal sale within New Mexico at the time the historic or special interest vehicle was manufactured for first use, the presence of such equipment shall not be required as a condition for current legal use.
B. Any motor vehicle of historic or special interest, manufactured prior to the date when any emission controls were standard equipment on that particular make or model of vehicle is exempted from the laws requiring any inspection and use of such controls.
C. Any safety equipment that was manufactured as a part of the vehicle's original equipment must be in proper operating condition when the vehicle is operated for highway purposes.
History:
1953 Comp., § 64-41-4, enacted by Laws 1975, ch. 35, § 4.
ANNOTATIONS
Cross references.
— For the equipment provisions of the Motor Vehicle Code,
see
66-3-801 NMSA 1978 et seq.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 11 - Vehicles of Historic and Special Significance › Section 66-11-5 - Sale or trade.

The sale or trade and subsequent legal transfer of a motor vehicle or parts car of historic or special interest shall not be contingent upon any condition that would require the vehicle or parts car to be in operating condition at the time of sale or transfer of ownership.
History:
1953 Comp., § 64-41-5, enacted by Laws 1975, ch. 35, § 5.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 12 - Boating › Section 66-12-1 - Short title.

Chapter 66, Article 12 NMSA 1978 may be cited as the "Boat Act".
History:
1953 Comp., § 75-35-1, enacted by Laws 1959, ch. 338, § 1; 1987, ch. 247, § 4.
ANNOTATIONS
The 1987 amendment,
effective July 1, 1987, substituted "Chapter 66, Article 12 NMSA 1978" for "this act".
Act does not affect charging of lake use fee.
— The state park commission (now state parks division) may continue to charge a lake use fee on a state park lake under Section 16-2-7 NMSA 1978 in addition to any requirements set up in the Boat Act (Sections 66-12-1 to 66-12-5, 66-12-7 to 66-12-22 NMSA 1978). 1960 Op. Att'y Gen. No. 60-78.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 12 Am. Jur. 2d Boats and Boating §§ 1, 4 to 22.
Liability of owner or operator of motorboat for injury or damage, 63 A.L.R.2d 343, 71 A.L.R.3d 1018, 98 A.L.R.3d 1127.
Public rights of recreational boating, fishing, wading, or the like in the inland stream the bed of which is privately owned, 6 A.L.R.4th 1030.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 12 - Boating › Section 66-12-2 - Purpose of act.

The purpose of the Boat Act is to promote safety for persons and property in and connected with the use, operation and equipment of vessels and to promote the uniformity of laws relating thereto.
History:
1953 Comp., § 75-35-2, enacted by Laws 1959, ch. 338, § 2.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references.
— Validity of prohibition or regulation of bathing, swimming, boating, fishing, or the like, to protect public water supply, 56 A.L.R.2d 790.
Rights of fishing, boating, bathing, or the like in inland lakes, 57 A.L.R.2d 569.
"Vehicle" or "land vehicle" within meaning of insurance policy provisions defining risks covered or excepted, 65 A.L.R.3d 824.
Coverage under all risks yacht policy, 75 A.L.R.3d 410.
Validity, construction, and application of state statutes and local ordinances governing personal watercraft use, 118 A.L.R.5th 347.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 12 - Boating › Section 66-12-4 - Operation of unnumbered motorboats prohibited.

A. Every motorboat which is propelled by sail or machinery operating on the waters of this state shall be numbered. No person shall operate or give permission for the operation of any motorboat on the waters of this state unless the motorboat is numbered in accordance with the Boat Act or in accordance with applicable federal law or in accordance with a federally approved numbering system of another state and unless the certificate of number awarded to the motorboat is in force and the identifying number set forth in the certificate of number is displayed on each side of the bow of the motorboat.
B. Every boat operating on the waters of this state and owned by a person who is domiciled in this state shall be titled. No person shall operate or give permission for the operation of any boat on the waters of this state unless the boat is titled as provided in the Boat Act.
C. A person who is not domiciled in this state but who operates a boat on the waters of this state may, pursuant to the provisions of the Boat Act, elect to register the boat in this state.
History:
1953 Comp., § 75-35-4, enacted by Laws 1959, ch. 338, § 4; 1963, ch. 45, § 1; 1965, ch. 16, § 2; 1987, ch. 247, § 6; 2000, ch. 34, § 1.
ANNOTATIONS
Cross references.
— For exemptions from numbering provisions of the act,
see
66-12-8 NMSA 1978.
The 2000 amendment,
effective May 17, 2000, added Subsection C.
The 1987 amendment,
effective July 1, 1987, designated the existing provisions as Subsection A, while making a minor stylistic change in the second sentence thereof, and added Subsection B.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 12 - Boating › Section 66-12-5.1 - Fees.

The division shall establish and impose reasonable registration fees for the purposes of the Boat Act.
History:
Laws 1983, ch. 41, § 2; 1987, ch. 245, § 3.
ANNOTATIONS
The 1987 amendment,
effective June 19, 1987, substituted the present provisions for the former provisions which specified fees based on boat size and whether or not the boat was registered in its state of principal use.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 12 - Boating › Section 66-12-5.3 - Prohibited acts.

A. It is unlawful for any person to take, receive or transfer a vessel without the consent of the owner.
B. It is unlawful for any person to damage, tamper with, alter or change hull identification numbers or serial numbers.
History:
Laws 1987, ch. 245, § 4.
ANNOTATIONS
Compiler's notes.
— This section was enacted as 66-12-5.2 NMSA 1978, but was compiled as 66-12-5.3 NMSA 1978 because of the enactment of another 66-12-5.2 NMSA 1978 by Laws 1987, ch. 247, § 7.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 12 - Boating › Section 66-12-6 - Dealer and manufacturer numbers; fee; certificates of origin; records.

A. A dealer or manufacturer that demonstrates motorboats on the public waters of this state shall file an application for a dealer or manufacturer number. The number shall be in lieu of a certificate of number for each motorboat intended or offered for sale.
B. Application for a dealer or manufacturer number shall be in the form prescribed by the division. The application shall state that the applicant is a motorboat dealer or manufacturer and that the applicant will operate a motorboat upon the waters of this state only for test or demonstration purposes. The statement shall be verified before a state officer who is authorized to administer an oath. The fee for a dealer or manufacturer number is ten dollars ($10.00) annually as prescribed by the division.
C. The division shall issue a certificate of a dealer or manufacturer number to an applicant who submits a complete application and full payment of the dealer or manufacturer number fee to the division. The certificate shall be issued after the applicant obtains a dealer license from the motor vehicle division of the taxation and revenue department and shall contain the following:
(1) a dealer or manufacturer number that contains two state identification letters, followed by four numbers and two additional letters that are unique to dealers or manufacturers;
(2) the expiration date of the certificate;
(3) the name and business address of the applicant;
(4) the address of the principal place of business of the applicant; and
(5) a conspicuous statement that the division has certified the applicant as a dealer or manufacturer.
D. The dealer or manufacturer number shall be painted on or attached to plates that are firmly attached to each side of the front of a motorboat of the dealer or manufacturer while it is afloat upon the waters of this state.
E. A dealer or manufacturer who operates more than one motorboat for test or demonstration purposes on the waters of this state at the same time shall obtain and display a separate dealer or manufacturer number for each motorboat tested or demonstrated.
F. A manufacturer or dealer shall not transfer ownership of a new boat without supplying the transferee with the manufacturer's certificate of origin signed by the manufacturer's authorized agent. The certificate shall contain information the division requires.
G. Every dealer shall maintain for three years a record of any boat he bought, sold, exchanged or received for sale or exchange. This record shall be open to inspection by division representatives during reasonable business hours.
History:
1953 Comp., § 75-35-5.1, enacted by Laws 1965, ch. 48, § 1; 1977, ch. 254, § 98; 1987, ch. 247, § 8; 2003, ch. 410, § 3.
ANNOTATIONS
The 2003 amendment,
effective June 20, 2003, rewrote this section.
The 1987 amendment,
effective July 1, 1987, made minor stylistic changes in Subsections A and B, and added Subsections C and D.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 12 - Boating › Section 66-12-6.2 - Security interest in boats; filing; perfection.

A. A security interest in a boat required to be titled and registered in New Mexico is not valid against attaching creditors, subsequent transferees or lienholders unless perfected as provided by this section. This provision does not apply to liens dependent upon possession.
B. All title applications shall be accompanied by the certificate of title last issued for the boat and shall contain the name and address of any lienholder, the date the security agreement was executed and the maturity date of the agreement.
C. Upon receipt of a title application, the division shall enter upon the application the date it was received. When satisfied as to the genuineness of the application, the division shall file it and issue a new certificate of title showing the owner's name and all liens existing against the boat.
D. No security interest filed in any state which does not show all liens on the certificate of title shall be valid against any person in this state other than the parties to the security agreement or those persons who take with actual notice of the agreement.
History:
Laws 1987, ch. 247, § 10.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 12 - Boating › Section 66-12-6.3 - Security interest in boats; filing effective to give notice.

A. The filing of an application with the division and the issuance of a new certificate of title by the division as provided in Section 66-12-5.2 NMSA 1978 constitutes constructive notice of all security interests in the boat described in the application. If the application is received by the division within ten days after the date the security agreement was executed, constructive notice dates from the time of the execution of the security agreement. Otherwise, constructive notice dates from the time of receipt noted on the title application.
B. The method provided in this article for perfecting a security interest shall be exclusive except as to liens dependent upon possession.
C. The constructive notice provided for in this section terminates twelve months after the maturity date of the debt. Unless refiled in a manner prescribed by the division within twelve months after the maturity date, the division may ignore the security interest in the issuance of all subsequent certificates of title.
History:
Laws 1987, ch. 247, § 11.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 12 - Boating › Section 66-12-6.4 - Forms; investigations.

A. The division shall prescribe and provide suitable forms of applications, certificate of title and all other forms necessary to carry out the provisions of this act.
B. The division may make necessary investigations to procure information required to carry out the provisions of the Boat Act.
History:
Laws 1987, ch. 247, § 12.
ANNOTATIONS
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 12 - Boating › Section 66-12-6.5 - Prohibited display of dealer or manufacturer numbers.

A dealer or manufacturer shall not display a dealer or manufacturer number on a motorboat that is not being operated for test or demonstration purposes.
History:
Laws 2003, ch. 410, § 4.
ANNOTATIONS
Effective dates.
— Laws 2003, ch. 410 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 20, 2003, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 12 - Boating › Section 66-12-6.7 - Dealer license denial, suspension and revocation.

The motor vehicle division of the taxation and revenue department may deny, suspend or revoke a dealer license for:
A. a material misrepresentation communicated by a dealer to the motor vehicle division;
B. a lack of fitness as proscribed by rule of the motor vehicle division; or
C. a willful violation of a federal or state law relating to the sale, distribution, financing, registration, taxing or insuring of motorboats.
History:
Laws 2003, ch. 410, § 6.
ANNOTATIONS
Effective dates.
— Laws 2003, ch. 410 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 20, 2003, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 12 - Boating › Section 66-12-6.8 - Dealer bonds; required insurance.

A person licensed as a dealer pursuant to the Boat Act shall file with the state parks division a bond in the amount of fifty thousand dollars ($50,000) unless there is a bond on file with the motor vehicle division of the taxation and revenue department for a motor vehicle dealer's license and such proof is submitted to the state parks division. The bond shall be issued by a corporate surety licensed to conduct business within the state. The bond shall be issued under the condition that the applicant shall not practice fraud or violate any provision of the Boat Act. A person who has obtained a dealer license shall furnish evidence that the person has liability insurance for the established place of business for which the license was obtained.
History:
Laws 2003, ch. 410, § 7.
ANNOTATIONS
Effective dates.
— Laws 2003, ch. 410 contained no effective date provision, but, pursuant to N.M. Const.,art. IV, § 23, was effective June 20, 2003, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 12 - Boating › Section 66-12-7 - Equipment.

A. Every vessel shall have aboard:
(1) one life preserver, buoyant vest, ring buoy or buoyant cushion bearing the mark of approval of the United States coast guard and in serviceable condition for each person on board;
(2) one oar or paddle;
(3) one bailing bucket with a capacity of at least one gallon, or hand-operated bilge pump; and
(4) a length of stout rope at least equal to the length of the vessel.
B. Every motorboat, during the hours of darkness, shall carry:
(1) a bright white light aft to show around the horizon; and
(2) a combined light on the fore part of the vessel and lower than the white light and showing green to the starboard and red to the port, and so fixed as to throw the light from right ahead to two points abaft the beam on their respective sides. No other light shall be shown except as specifically prescribed by the United States coast guard for the particular class of boats.
C. If carrying or using any inflammable or toxic fluid in any enclosure for any purpose, and if not entirely open, every vessel shall have an efficient natural or mechanical ventilation system capable of removing resulting gases prior to, and during, the time the vessel is occupied by any person.
D. No privately owned vessel shall carry a siren unless specifically authorized in writing by the director of the division.
E. No person shall operate or give permission for the operation of a vessel which is not equipped as required by this section.
History:
1953 Comp., § 75-35-6, enacted by Laws 1959, ch. 338, § 6; 1963, ch. 45, § 3; 1977, ch. 254, § 99.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 12 Am. Jur. 2d Boats and Boating §§ 10 to 13.
Validity of regulation of smoke and other air pollution, 78 A.L.R.2d 1313.
Liability under Jones Act or unseaworthiness doctrine for failure to furnish individual safety equipment or to require its use, 91 A.L.R.2d 1019.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 12 - Boating › Section 66-12-7.1 - Personal flotation devices required.

The operator of a vessel being used for recreational purposes shall require a child age twelve or under who is aboard the vessel to wear a personal flotation device approved by the United States coast guard while the vessel is underway, unless the child is below deck or in an enclosed cabin.
History:
Laws 2006, ch. 46, § 2.
ANNOTATIONS
Effective dates.
— Laws 2006, ch. 46, § 3 made Laws 2006, ch. 40, § 2 effective January 1, 2007.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 12 - Boating › Section 66-12-8 - Exemptions from numbering provisions of the Boat Act.

A motorboat shall not be required to be numbered under the Boat Act if it is:
A. already covered by a number in force which has been awarded to it pursuant to federal law or a federally approved numbering system of another state; provided that the boat shall not have been within this state for a period in excess of ninety consecutive days;
B. a motorboat from a country other than the United States temporarily using the waters of this state;
C. a motorboat whose owner is the United States, a state or a subdivision thereof;
D. a ship's lifeboat; or
E. a motorboat belonging to a class of boats which has been exempted from numbering by the division after it has found that the numbering of motorboats of that class will not materially aid in their identification; and, if an agency of the federal government has a numbering system applicable to the class of motorboats to which the motorboat in question belongs, after the division has further found that the motorboat would also be exempt from numbering if it were subject to the federal law.
History:
1953 Comp., § 75-35-7, enacted by Laws 1959, ch. 338, § 7; 1977, ch. 254, § 100.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 12 - Boating › Section 66-12-9 - Boat liveries.

A. The owner of a boat livery shall cause to be kept a record of the name and address of the person or persons hiring any vessel which is designed or permitted by him to be operated as a motorboat, the identification number thereof, and the departure date and time, and the expected time of return. The record shall be preserved for at least six months.
B. Neither the owner of a boat livery, nor his agent or employee shall permit any motorboat or any vessel designed or permitted by him to be operated as a motorboat to depart from his premises unless it shall have been provided with the equipment required pursuant to Section 66-12-7 NMSA 1978, and any rules and regulations made pursuant thereto by the division.
History:
1953 Comp., § 75-35-8, enacted by Laws 1959, ch. 338, § 8; 1977, ch. 254, § 101.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 12 Am. Jur. 2d Boats and Boating §§ 27, 81, 82, 86, 88.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 12 - Boating › Section 66-12-10 - Muffling devices.

The exhaust of every internal combustion engine used on any motorboat shall be effectively muffled by equipment so constructed and used as to muffle the noise of the exhaust in a reasonable manner. This may include but is not limited to such devices as mufflers, exhaust restricters and water-injected exhaust headers. The use of cut-outs or non-muffled headers is prohibited except for motorboats competing in a regatta or boat race approved as provided in Section 66-2-15 NMSA 1978 and for such motorboats while on trial runs during a period not to exceed forty-eight hours immediately preceding the regatta or race and for such motorboats while competing in official trials for speed records during a period not to exceed forty-eight hours immediately following the regatta or race.
History:
1953 Comp., § 75-35-9, enacted by Laws 1959, ch. 338, § 9; 1991, ch. 240, § 2.
ANNOTATIONS
The 1991 amendment,
effective June 14, 1991, added the second sentence and, in the third sentence, inserted "or non-muffled headers" and substituted "Section 66-2-15 NMSA 1978" for "Section 14 of the Boat Act".
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 12 Am. Jur. 2d Boats and Boating § 12.
Public regulation requiring mufflers or similar noise preventing devices on motor vehicles, aircrafts or boats, 49 A.L.R.2d 1202.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 12 - Boating › Section 66-12-11 - Prohibited operation.

A. A person shall not operate any motorboat or vessel or manipulate any water skis, surfboard or similar device in a reckless or negligent manner so as to endanger the life or property of any person.
B. A person shall not operate any vessel, not defined as a motorboat pursuant to the provisions of the Boating While Intoxicated Act [66-13-1 to 66-13-13 NMSA 1978], or manipulate any water skis, surfboard or similar device while intoxicated or under the influence of any narcotic drug, barbiturate or marijuana.
History:
1953 Comp., § 75-35-10, enacted by Laws 1959, ch. 338, § 10; 1987, ch. 245, § 5; 1991, ch. 240, § 3; 2003, ch. 241, § 15.
ANNOTATIONS
Cross references.
— For driving under the influence of intoxicating drugs or liquor,
see
66-8-102 NMSA 1978.
For reckless driving,
see
66-8-113 NMSA 1978.
For hunting or boating while intoxicated or under the influence of narcotic drugs,
see
17-2-29 NMSA 1978.
The 2003 amendment,
effective July 1, 2003, in Subsection B, deleted "motorboat or" preceding "vessel" and inserted "not defined as a motorboat pursuant to the provisions of the Boating While Intoxicated Act".
The 1991 amendment,
effective June 14, 1991, purported to amend this section but made no changes.
The 1987 amendment
purported to amend this section but made no change.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 12 Am. Jur. 2d Boats and Boating §§ 2, 15 to 17, 19, 33, 37, 39 to 41, 43 to 47, 49, 64, 66, 72, 75, 78, 80.
Liability of owner of powerboat for injury or death allegedly caused by one permitted to operate boat by owner, 71 A.L.R.3d 1018.
Liability of owner or operator of powered pleasure boat for injuries to swimmer or bather struck by boat, 98 A.L.R.3d 1127.
Criminal liability for injury or death caused by operation of pleasure boat, 8 A.L.R.4th 886.
Liability for injuries to, or death of, water-skiers, 34 A.L.R.5th 77.
Validity, construction and application of statute prohibiting boating while intoxicated, boating while under the influence, or the like, 47 A.L.R.6th 107.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 12 - Boating › Section 66-12-12 - Collisions; assistance and reports.

A. The operator of a vessel involved in a collision, accident or other casualty, so far as he can do so without serious danger to his own vessel, crew and passengers, shall:
(1) render to other persons affected by the collision, accident or other casualty such assistance as practicable and necessary in order to save them from, or minimize, any danger caused by the collision, accident or other casualty; and
(2) give his name, address and identification of his vessel in writing to any person injured and to the owner of any property damaged in the collision, accident or other casualty.
B. In case of collision, accident or other casualty involving a vessel, and resulting in death or injury to a person or damage to property in excess of one hundred dollars ($100), the operator of the vessel or his legal representative shall, within forty-eight hours, file with the division a full description of the collision, accident or other casualty, including all information that the division may require by regulation.
C. All collision, accident or other casualty reports filed as required by this section shall be without prejudice to the individual making the report, and are solely for the confidential use of the division except that the division may disclose the identity of a person involved in an accident when the identity is not otherwise known or when the person denies his presence at the accident. The report is inadmissible as evidence in any trial, civil or criminal, arising out of an accident, except that the division may furnish, upon request, a certificate showing that a specified accident report has or has not been made as required by this section.
History:
1953 Comp., § 75-35-11, enacted by Laws 1959, ch. 338, § 11; 1963, ch. 45, § 4; 1977, ch. 254, § 102.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references.
— Criminal liability for injury or death caused by operation of pleasure boat, 8 A.L.R.4th 886.
Liability in admiralty for collision between vessel and drawbridge structure, 134 A.L.R. Fed. 537.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 12 - Boating › Section 66-12-13 - Transmittal of information.

In accordance with any request duly made by an authorized official or agency of the United States, any information compiled or otherwise available to the division pursuant to Section 66-12-12B NMSA 1978 shall be transmitted to the official or agency of the United States.
History:
1953 Comp., § 75-35-12, enacted by Laws 1959, ch. 338, § 12; 1977, ch. 254, § 103.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 12 - Boating › Section 66-12-14 - Water skis and surfboards.

A. No person shall operate a vessel on any waters of this state for towing a person on water skis, a surfboard or similar device unless there is in the vessel a person in addition to the operator or a device capable of letting the oprator [operator] have an unobstructed view of the person or object being towed. All skiers must wear ski belts or jackets.
B. No person shall operate a vessel on any waters of this state, towing a person on water skis, a surfboard or similar device, nor shall any person engage in water skiing, surfboarding or similar activity, at any time between the hours from one hour after sunset to one hour before sunrise.
C. The provisions of Subsections A and B of this section do not apply to a performer engaged in a professional exhibition or to a person engaged in an activity authorized under Section 66-12-15 NMSA 1978.
D. No person shall negligently operate or manipulate any vessel, tow rope or other device by which the direction or location of water skis, a surfboard or similar device may be affected or controlled, in such a way as to cause the water skis, surfboard or similar device, or any person thereon, to strike any object or person.
History:
1953 Comp., § 75-35-13, enacted by Laws 1959, ch. 338, § 13; 1963, ch. 45, § 5.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 12 - Boating › Section 66-12-15 - Regattas; races; marine parades; tournaments or exhibitions.

A. The division may authorize the holding of regattas, motorboat or other boat races, marine parades, tournaments or exhibitions on any waters of this state. It shall adopt and may, from time to time, amend regulations concerning the safety of motorboats and other vessels and persons thereon, either observers or participants. Whenever a regatta, motorboat or other boat race, marine parade, tournament or exhibition is proposed to be held, the person in charge thereof shall, at least thirty days prior thereto, file an application with the division to hold the regatta, motorboat or other boat race, marine parade, tournament or exhibition. The application shall set forth the date, time and location where it is proposed to hold the regatta, motorboat or other boat race, marine parade, tournament or exhibition, and it shall not be conducted without authorization of the division in writing.
B. The provisions of this section shall not exempt any person from compliance with applicable federal law or regulation, but nothing contained herein shall be construed to require the securing of a state permit pursuant to this section if a permit therefor has been obtained from an authorized agency of the United States.
History:
1953 Comp., § 75-35-14, enacted by Laws 1959, ch. 338, § 14; 1977, ch. 254, § 104.
ANNOTATIONS
Cross references.
— For motorboats competing in regattas or races being exempt from muffling device requirements,
see
66-12-10 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 12 Am. Jur. 2d Boats and Boating §§ 11, 30, 31, 66.
Water sports, amusements, or exhibitions as nuisance, 80 A.L.R.2d 1124.
Liability for injury or death of nonparticipant caused by water skiing, 67 A.L.R.3d 1218.
Validity, construction, and application of state or local enactments regulating parades, 80 A.L.R.5th 255.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 12 - Boating › Section 66-12-16 - Local regulations; restrictions; special rules and regulations.

A. The provisions of the Boat Act and of other applicable laws of this state shall govern the operation, equipment, numbering and all other matters relating thereto whenever any vessel shall be operated on the waters of this state, or when any activity regulated by the Boat Act shall take place thereon, but nothing in the Boat Act shall be construed to prevent the adoption of any ordinance or local law relating to the operation and equipment of vessels where the provisions of the ordinance or local law are identical to the provisions of the Boat Act, amendments thereto, or regulations issued thereunder; provided that the ordinance or local law shall be operative only so long as, and to the extent that, they continue to be identical to the provisions of the Boat Act, amendments thereto, or regulations issued thereunder.
B. Any subdivision of this state may, at any time, but only after public notice, make formal application to the division for special rules and regulations with reference to the operation of vessels on any waters within its territorial limits and shall set forth therein the reasons which make the special rules or regulations necessary or appropriate.
C. The division is authorized to make special rules and regulations with reference to the operation of vessels on any waters within the territorial limits of any subdivision of this state.
History:
1953 Comp., § 75-35-15, enacted by Laws 1959, ch. 338, § 15; 1977, ch. 254, § 105.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references.
— Water sports, amusements, or exhibitions as nuisance, 80 A.L.R.2d 1124.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 12 - Boating › Section 66-12-17 - Owner's civil liability.

The owner of a vessel shall be liable for any injury or damage occasioned by the negligent operation of the vessel, whether the negligence consists of a violation of the provisions of the statutes of this state, or neglecting to observe the ordinary care and operation that the rules of the common law require. The owner shall not be liable unless the vessel is being used with his express or implied consent. It shall be presumed that the vessel is being operated with the knowledge and consent of the owner, if at any time of the injury or damage, it is under the control of the spouse, father, mother, brother, sister, son, daughter, or other immediate member of the owner's family. Nothing contained herein shall be construed to relieve any other person from any liability which he would otherwise have, but nothing contained herein shall be construed to authorize or permit any recovery in excess of injury or damage actually incurred.
History:
1953 Comp., § 75-35-16, enacted by Laws 1959, ch. 338, § 16.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 12 Am. Jur. 2d Boats and Boating §§ 32 to 88.
Liability of owner or operator of motorboat for injury or damage, 63 A.L.R.2d 343, 71 A.L.R.3d 1018, 98 A.L.R.3d 1127.
Liability of owner or operator of powered pleasure boat for injuries to swimmer or bather struck by boat, 98 A.L.R.3d 1127.
Criminal liability for injury or death caused by operation of pleasure boat, 8 A.L.R.4th 886.
Admiralty jurisdiction: maritime nature of tort - modern cases, 80 A.L.R. Fed. 105.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 12 - Boating › Section 66-12-18 - Power to regulate.

The state park and recreation division [state parks division] may promulgate regulations to carry into effect the provisions of the Boat Act.
History:
1953 Comp., § 75-35-17, enacted by Laws 1959, ch. 338, § 17; 1963, ch. 45, § 6; 1977, ch. 254, § 106.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not a part of the law.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 12 Am. Jur. 2d Boats and Boating §§ 4 to 22.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 12 - Boating › Section 66-12-18.1 - Safe boating rules.

The division shall adopt safe boating education rules that require that:
A. a person born after January 1, 1989 who operates a motorboat on the waters of this state shall:
(1) have completed a safe boating education course that is approved by the national association of state boating law administrators and certified by the division or passed an equivalency examination that was proctored and that tested the knowledge of information included in the curriculum of the course and have received a certificate of completion of the certified course or passage of the equivalency examination;
(2) possess a valid license to operate a vessel issued for maritime personnel by the United States coast guard pursuant to 46 CFR Part 10 or a marine certificate issued by the Canadian government; or
(3) have received, as an authorized operator of a rented or leased motorboat, instructions regarding the safe operation of the motorboat and a summary of the statutes and rules governing the operation of a motorboat from a person in the business of renting or leasing motorboats. The instructions shall be valid only for the period of the rental agreement not to exceed thirty days; and
B. a person in the business of renting or leasing motorboats for a period not exceeding thirty days shall:
(1) not rent or lease a motorboat to a person for operation on the waters of this state unless the person meets the provisions of Subsection A of this section;
(2) maintain rental or lease records that include the name and age of each person who is authorized to operate the rented or leased motorboat; and
(3) provide each authorized operator of a rented or leased motorboat with instructions regarding the safe operation of the motorboat and a summary of the statutes and regulations governing the operation of a motorboat.
History:
Laws 2006, ch. 46, § 1.
ANNOTATIONS
Effective dates.
— Laws 2006, ch. 46, § 3 made Laws 2006, ch. 46, § 1 effective January 1, 2007.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 12 - Boating › Section 66-12-19 - Filing of regulations.

Regulations adopted by the state park and recreation division [state parks division] pursuant to the Boat Act shall be filed as provided by law.
History:
1953 Comp., § 75-35-18, enacted by Laws 1959, ch. 338, § 18; 1963, ch. 45, § 7; 1977, ch. 254, § 107.
ANNOTATIONS
Cross references.
— For filing of agency rules with the records center,
see
14-4-3 NMSA 1978.
Bracketed material.
— The bracketed material was inserted by the compiler and is not a part of the law.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 12 Am. Jur. 2d Boats and Boating §§ 19, 28, 68.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 12 - Boating › Section 66-12-20 - Disposition of fees.

The fees collected pursuant to the provisions of the Boat Act, less the administrative fee withheld pursuant to Section 1 [7-1-6.41 NMSA 1978] of this 1997 act, shall be covered [deposited] into the state park and recreation fund.
History:
1953 Comp., § 75-35-19, enacted by Laws 1959, ch. 338, § 19; 1983, ch. 41, § 3; 1997, ch. 125, § 10.
ANNOTATIONS
Bracketed material.
— The bracketed word "deposited" was inserted by the compiler as the apparently intended term; it was not enacted by the legislature and is not a part of the law.
Compiler's notes.
— The phrase "this 1997 act" refers to Laws 1997, ch. 125, which amended this section.
The 1997 amendment,
effective July 1, 1997, substituted "pursuant to" for "under" and inserted "less the administrative fee withheld pursuant to Section 1 of this 1997 act".
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 12 - Boating › Section 66-12-21 - Disposition of fines.

All money collected as fines for the violation of the provisions of the Boat Act, and regulations of the state park and recreation division [state parks division] made pursuant thereto, shall be paid for credit to the current school fund of the state.
History:
1953 Comp., § 75-35-20, enacted by Laws 1959, ch. 338, § 20; 1965, ch. 102, § 1; 1977, ch. 254, § 108.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not a part of the law.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 12 - Boating › Section 66-12-22 - Enforcement.

The director, park custodians and other employees of the division designated in writing by the director, every sheriff in his respective county and every member of the state police has [have] full authority of a peace officer to enforce the provisions of the Boat Act and the regulations issued pursuant thereto, and in its exercise may stop and board any vessel subject to the Boat Act.
History:
1953 Comp., § 75-35-21, enacted by Laws 1959, ch. 338, § 21; 1963, ch. 45, § 8; 1977, ch. 254, § 109.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not a part of the law.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 12 - Boating › Section 66-12-24 - Repealed.

ANNOTATIONS
Repeals.
— Laws 2004, ch. 76, § 2 repealed Section 66-12-24 NMSA 1978, as enacted by Laws 2003, ch. 410, § 8, concerning the penalty for a Boat Act violation, effective July 1, 2004. For provisions of former section,
see
the 2003 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 13 - Boating While Intoxicated › Section 66-13-1 - Short title.

Sections 1 through 13 [66-13-1 to 66-13-13 NMSA 1978] of this act may be cited as the "Boating While Intoxicated Act".
History:
Laws 2003, ch. 241, § 1.
ANNOTATIONS
Effective dates.
— Laws 2003, ch. 241, § 16 made the act effective July 1, 2003.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 13 - Boating While Intoxicated › Section 66-13-2 - Definitions.

As used in the Boating While Intoxicated Act:
A. "bodily injury" means an injury to a person that is not likely to cause death or great bodily harm to the person, but does cause painful temporary disfigurement or temporary loss or impairment of the functions of any member or organ of the person's body;
B. "conviction" means an adjudication of guilt and does not include imposition of a sentence;
C. "motorboat" means any boat, personal watercraft or other type of vessel propelled by machinery, whether or not machinery is the principle source of propulsion. "Motorboat" includes a vessel propelled or designed to be propelled by a sail, but does not include a sailboard or a windsurf board. "Motorboat" does not include a houseboat or any other vessel that is moored on the water, but not moving on the water; and
D. "operate" means to physically handle the controls of a motorboat that is moving on the water.
History:
Laws 2003, ch. 241, § 2.
ANNOTATIONS
Effective dates.
— Laws 2003, ch. 241, § 16 made the act effective July 1, 2003.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 13 - Boating While Intoxicated › Section 66-13-4 - Guilty pleas; limitations.

When a complaint or information alleges a violation of Section 3 [66-13-3 NMSA 1978] of the Boating While Intoxicated Act, any plea of guilty thereafter entered in satisfaction of the charges shall include at least a plea of guilty to the violation of one of the subsections of Section 3 of that act, and no other disposition by plea of guilty to any other charge in satisfaction of the charge shall be authorized if the results of a test performed pursuant to that act disclose that the blood or breath of the person charged contains an alcohol concentration of eight one hundredths or more.
History:
Laws 2003, ch. 241, § 4.
ANNOTATIONS
Effective dates.
— Laws 2003, ch. 241, § 16 made the act effective July 1, 2003.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 13 - Boating While Intoxicated › Section 66-13-5 - Municipal and county ordinances; unlawful alcohol concentration level for boating while under the influence of intoxicating liquor or drugs.

No municipal or county ordinance prohibiting the operation of a motorboat while under the influence of intoxicating liquor or drugs shall be enacted that provides for an unlawful alcohol concentration level that is different than the alcohol concentration levels provided in Section 3 [66-13-3 NMSA] of the Boating While Intoxicated Act.
History:
Laws 2003, ch. 241, § 5.
ANNOTATIONS
Effective dates.
— Laws 2003, ch. 241, § 16 made the act effective July 1, 2003.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 13 - Boating While Intoxicated › Section 66-13-6 - Blood-alcohol tests; persons qualified to perform tests; relief from civil and criminal liability.

Only a physician, licensed professional or practical nurse or laboratory technician or technologist employed by a hospital or physician shall withdraw blood from a person in the performance of a blood-alcohol or drug test. A physician, nurse, technician or technologist who withdraws blood from a person in the performance of a blood-alcohol or drug test that has been directed by a law enforcement officer, or by a judicial or probation officer, shall not be held liable in a civil or criminal action for assault, battery, false imprisonment or any conduct of a law enforcement officer, except for negligence, nor shall a person assisting in the performance of the test, or a hospital wherein blood is withdrawn in the performance of the test, be subject to civil or criminal liability for assault, battery, false imprisonment or any conduct of a law enforcement officer, except for negligence.
History:
Laws 2003, ch. 241, § 6.
ANNOTATIONS
Effective dates.
— Laws 2003, ch. 241, § 16 made the act effective July 1, 2003.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 13 - Boating While Intoxicated › Section 66-13-7 - Blood-alcohol test; law enforcement, judicial or probation officer unauthorized to make arrest or direct test except in performance of official duties authorized by law.

Nothing in the Boating While Intoxicated Act is intended to authorize a law enforcement officer, or a judicial or probation officer, to make an arrest or direct the performance of a blood-alcohol or drug test, except in the performance of his official duties or as otherwise authorized by law.
History:
Laws 2003, ch. 241, § 7.
ANNOTATIONS
Effective dates.
— Laws 2003, ch. 241, § 16 made the act effective July 1, 2003.