reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 3 - Registration Laws; Security Interests; Anti-Theft Provisions; Bicycles; Equipment; Unsafe Vehicles; Off-Highway Motor Vehicles; Other Vehicles › Part 9 - EQUIPMENT › Section 66-3-845 - Mirrors.

Every motor vehicle shall be equipped with a mirror so located as to reflect to the driver a view of the highway for a distance of at least two hundred feet to the rear of such vehicle.
History:
1953 Comp., § 64-3-845, enacted by Laws 1978, ch. 35, § 151.
ANNOTATIONS
Not having rear view mirror contributes to negligence per se.
— Where automobile had not been equipped with proper rear view mirror and driver had not signaled that he was reducing speed or stopping, and driver of truck which struck rear of automobile admitted he followed at distance of only 50 to 100 feet, both drivers were guilty of negligence per se and the accident proximately resulted from such negligence.
Pacific Greyhound Lines v. Alabam Freight Lines
, 1951-NMSC-051, 55 N.M. 357, 233 P.2d 1044.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 7A Am. Jur. 2d Automobiles and Highway Traffic § 789.
Regulations requiring motor vehicles to be equipped with adequate mirrors, operation of, 27 A.L.R.2d 1040.
60 C.J.S. Motor Vehicles § 26; 60A C.J.S. Motor Vehicles § 287.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 3 - Registration Laws; Security Interests; Anti-Theft Provisions; Bicycles; Equipment; Unsafe Vehicles; Off-Highway Motor Vehicles; Other Vehicles › Part 9 - EQUIPMENT › Section 66-3-846 - Windshields must be unobstructed and equipped with wipers; windows must be transparent; exception.

A. No person shall drive any motor vehicle with any sign, poster or other nontransparent material upon or in the front windshield, the windows to the immediate right and left of the driver or the rearmost window if the latter is used for driving visibility, except as provided in Section 66-3-846.1 NMSA 1978. The rearmost window is not necessary for driving visibility where outside rearview mirrors are attached to the vehicle.
B. The windshield on every motor vehicle except a motorcycle shall be equipped with a device for cleaning rain, snow or other moisture from the windshield, which device shall be so constructed as to be controlled or operated by the driver of the vehicle.
C. Every windshield wiper upon a motor vehicle shall be maintained in good working order.
D. A person who violates the provisions of this section is guilty of a penalty assessment misdemeanor.
History:
1953 Comp., § 64-3-846, enacted by Laws 1978, ch. 35, § 152; 1997, ch. 151, § 1; 2018, ch. 74, § 32.
ANNOTATIONS
The 2018 amendment,
effective July 1, 2018, provided a penalty for any violation of this section, and made technical changes; and added Subsection D.
The 1997 amendment,
effective July 1, 1997, added "exception" to the section heading and added the exception at the end of the first sentence in Subsection A.
Sign attached to trailer
— A lighted plastic advertising sign, approximately four feet-four inches in length and two feet-three inches in height, to be installed on the front of a trailer and held by braces is permissible as long as the sign does not obstruct the view of the driver. 1960 Op. Att'y Gen. No. 60-89.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 7A Am. Jur. 2d Automobiles and Highway Traffic §§ 185, 803.
60 C.J.S. Motor Vehicles § 26; 60A C.J.S. Motor Vehicles § 260.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 3 - Registration Laws; Security Interests; Anti-Theft Provisions; Bicycles; Equipment; Unsafe Vehicles; Off-Highway Motor Vehicles; Other Vehicles › Part 9 - EQUIPMENT › Section 66-3-847 - Restrictions as to tire equipment.

A. When use is permitted, every solid rubber tire on a vehicle shall have rubber on its entire traction surface at least one-inch thick above the edge of the flange of the entire periphery.
B. A person shall not operate or move on a highway a motor vehicle, trailer or semitrailer having any tire surface in contact with the roadway that is wholly or partly of metal or other hard nonresilient material, except a snow tire with metal studs designed to increase traction on ice or snow.
C. No tire on a vehicle moved on a highway shall have on its periphery a block, flange, cleat or spike or any other protuberance of any material other than rubber that projects beyond the tread of the traction surface of the tire. However, it shall be permissible to use farm machinery with tires having protuberances that will not injure the highway and tire chains of reasonable proportions or snow tires with metal studs designed to increase traction on ice or snow upon any vehicle when required for safety because of snow, ice or other conditions tending to cause a vehicle to skid.
D. The state transportation commission and local authorities, in their respective jurisdictions, may, in their discretion, issue special permits authorizing the operation upon a highway of traction engines or tractors having movable tracks with transverse corrugations upon the periphery of the movable tracks or farm tractors or other farm machinery that would otherwise be prohibited under the Motor Vehicle Code [66-1-1 NMSA 1978].
E. A vehicle equipped with solid rubber or cushion tires shall not be permitted upon any highway of this state without special permission from the state transportation commission or the local authority having jurisdiction over the highway affected, and in no event may any such vehicle be operated at a speed in excess of that specified by law.
History:
1953 Comp., § 64-3-847, enacted by Laws 1978, ch. 35, § 153; 2003, ch. 142, § 9; 2007, ch. 319, § 35.
ANNOTATIONS
The 2007 amendment,
effective June 15, 2007, provided that a person shall not operate a motor vehicle or a trailer on a highway that has any tire surface in contact with the highway that is wholly or partly of metal or other hard nonresilient material.
The 2003 amendment,
effective July 1, 2003, substituted "transportation commission" for "highway commission" in Subsections D and E.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 7A Am. Jur. 2d Automobiles and Highway Traffic § 783.
Liability of motor vehicle owner or operator for accident occasioned by blowout or other failure of tire, 24 A.L.R.2d 161.
60 C.J.S. Motor Vehicles § 26; 60A C.J.S. Motor Vehicles § 260.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 3 - Registration Laws; Security Interests; Anti-Theft Provisions; Bicycles; Equipment; Unsafe Vehicles; Off-Highway Motor Vehicles; Other Vehicles › Part 9 - EQUIPMENT › Section 66-3-848 - Safety glazing materials in motor vehicles.

A. No motor vehicle sold as new on or after January 1, 1954, shall be registered in this state on or after that date unless it is equipped with safety glazing material of a type approved by the director wherever glazing material is used in doors, windows or windshields; nor shall any new motor vehicle be sold in this state after such date unless it complies with this requirement. The foregoing provisions shall apply to all passenger-type motor vehicles including passenger buses and school buses, but in respect to trucks, including truck tractors, the requirements as to safety glazing material shall apply to all glazing material used in doors, windows and windshields in the driver's compartments of such vehicles.
B. The term "safety glazing materials" means glazing materials so constructed, treated or combined with other materials as to reduce substantially, in comparison with ordinary sheet glass or plate glass, the likelihood of injury to persons by objects from exterior sources or by these safety glazing materials when they may be cracked or broken.
C. The director shall compile and publish a list of types of glazing material by name approved by him as meeting the requirements of this section and the director shall not register after January 1, 1954, any motor vehicle which is subject to the provisions of this section unless it is equipped with an approved type of safety glazing material, and he shall thereafter suspend the registration of any motor vehicle so subject to this section which he finds is not so equipped until it is made to conform to the requirements of this section.
D. On and after January 1, 1954, it shall be unlawful for any person to replace any glass in any vehicle or portion thereof, which under the provisions of Subsection A of this section must be equipped with safety glazing material, with any material other than safety glazing material of a type approved by the director.
History:
1953 Comp., § 64-3-848, enacted by Laws 1978, ch. 35, § 154.
ANNOTATIONS
Cross references.
— For general definitions applicable to this section,
see
66-1-4 to 66-1-4.20 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 60 C.J.S. Motor Vehicles § 26.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 3 - Registration Laws; Security Interests; Anti-Theft Provisions; Bicycles; Equipment; Unsafe Vehicles; Off-Highway Motor Vehicles; Other Vehicles › Part 9 - EQUIPMENT › Section 66-3-851 - Meaning of term "motor vehicle" as used in Sections 66-3-852 through 66-3-857 NMSA 1978; unattended vehicles.66-3-857 NMSA 1978; unattended vehicles.">

A. For the purposes of Sections 66-3-852 through 66-3-857 NMSA 1978 "motor vehicle" means every bus, truck, truck tractor, road tractor and every driven vehicle in driveaway-towaway operations, required by Section 66-3-859 [66-3-849] NMSA 1978 to have emergency equipment thereon.
B. No motor vehicle shall be left unattended until the parking brake has been securely set. All reasonable precautions shall be taken to prevent the movement of any vehicle left unattended.
History:
1953 Comp., § 64-3-851, enacted by Laws 1978, ch. 35, § 157.
ANNOTATIONS
Cross references.
— For the general definition of motor vehicle,
see
66-1-4.11 NMSA 1978.
Bracketed material.
— The reference in Subsection A to Section 66-3-859 NMSA 1978 appears to be incorrect, since that section defines "tank motor vehicle". The apparent intended reference is to 66-3-849 NMSA 1978, and the bracketed reference to that effect was inserted by the compiler. The bracketed material is not part of the law.
Definition does not include passenger cars.
— Section 64-20-51, 1953 Comp. (similar to this section) defines the term "motor vehicle" and that definition does not include cars which are passenger vehicles.
Fitzgerald v. Valdez
, 1967-NMSC-088, 77 N.M. 769, 427 P.2d 655.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 7A Am. Jur. 2d Automobiles and Highway Traffic § 275.
60A C.J.S. Motor Vehicles § 334(1).
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 3 - Registration Laws; Security Interests; Anti-Theft Provisions; Bicycles; Equipment; Unsafe Vehicles; Off-Highway Motor Vehicles; Other Vehicles › Part 9 - EQUIPMENT › Section 66-3-854 - Emergency signals; stopped or parked vehicles.

Whenever for any cause other than disablement or necessary traffic stops, any motor vehicle is stopped upon the traveled portion of any highway, or shoulder thereof, during the time lights are required, except within cities, towns and villages where there is sufficient highway lighting to make clearly discernible persons and vehicles on the highway at a distance of five hundred feet, the following requirements shall be observed:
A. the driver of such vehicle shall immediately place on the traveled portion of the highway at the traffic side of the vehicle, a lighted fusee and a lighted red electric lantern, or a red emergency reflector; and
B. if the stop is to exceed ten minutes, the driver shall place emergency signals as required and in the manner prescribed by Section 66-3-853B, C and D NMSA 1978.
History:
1953 Comp., § 64-3-854, enacted by Laws 1978, ch. 35, § 160.
ANNOTATIONS
Cross references.
— For the definition of "motor vehicle" applicable to this section,
see
66-3-851 NMSA 1978.
For the penalty assessment for violation of this section,
see
66-8-116 NMSA 1978.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 3 - Registration Laws; Security Interests; Anti-Theft Provisions; Bicycles; Equipment; Unsafe Vehicles; Off-Highway Motor Vehicles; Other Vehicles › Part 9 - EQUIPMENT › Section 66-3-855 - Emergency signals; flame producing.

No driver shall attach or permit any person to attach a lighted fusee or other flame-producing emergency signal to any part of a motor vehicle.
History:
1941 Comp., § 68-2555, enacted by Laws 1953, ch. 139, § 158.4; 1953 Comp., § 64-20-55; recompiled as 1953 Comp., § 64-3-855, by Laws 1978, ch. 35, § 161.
ANNOTATIONS
Cross references.
— For the definition of "motor vehicle" applicable to this section,
see
66-3-851 NMSA 1978.
For the penalty assessment for violation of this section,
see
66-8-116 NMSA 1978.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 3 - Registration Laws; Security Interests; Anti-Theft Provisions; Bicycles; Equipment; Unsafe Vehicles; Off-Highway Motor Vehicles; Other Vehicles › Part 9 - EQUIPMENT › Section 66-3-856 - Emergency signals; dangerous cargoes.

No driver shall use or permit the use of any flame-producing emergency signal for protecting any motor vehicle transporting explosives, any cargo tank motor vehicle used for the transportation of any flammable liquid or flammable compressed gas, whether loaded or empty; or any motor vehicle using compressed gas as a motor fuel. In lieu thereof, red electric lanterns or red emergency reflectors shall be used, the placement of which shall be in the same manner as prescribed in Section 66-3-853B and C NMSA 1978.
History:
1953 Comp., § 64-3-856, enacted by Laws 1978, ch. 35, § 162.
ANNOTATIONS
Cross references.
— For the definition of "motor vehicle" applicable to this section,
see
66-3-851 NMSA 1978.
For the penalty assessment for violation of this section,
see
66-8-116 NMSA 1978.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 3 - Registration Laws; Security Interests; Anti-Theft Provisions; Bicycles; Equipment; Unsafe Vehicles; Off-Highway Motor Vehicles; Other Vehicles › Part 9 - EQUIPMENT › Section 66-3-857 - Red flags; stopped vehicles.

During the time when lighted lamps are not required, whenever a motor vehicle is disabled, stopped or parked upon the traveled portion of any highway or shoulder thereof, except within the business or residence district of cities, towns and villages, the driver of such vehicle shall place red flags as follows:
A. one at a distance of approximately one hundred feet from the vehicle in the center of the traffic lane occupied by such vehicle toward traffic approaching in that lane; and
B. one at a distance of approximately one hundred feet in the opposite direction from the vehicle in the center of the traffic lane occupied by such vehicle.
History:
1953 Comp., § 64-3-857, enacted by Laws 1978, ch. 35, § 163.
ANNOTATIONS
Cross references.
— For the definition of "motor vehicle" applicable to this section,
see
66-3-851 NMSA 1978.
For the penalty assessment for violation of this section,
see
66-8-116 NMSA 1978.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 3 - Registration Laws; Security Interests; Anti-Theft Provisions; Bicycles; Equipment; Unsafe Vehicles; Off-Highway Motor Vehicles; Other Vehicles › Part 9 - EQUIPMENT › Section 66-3-858 to 66-3-872 - Repealed.

ANNOTATIONS
Repeals.
— Laws 2003, ch. 173, § 1, effective June 20, 2003, repealed 66-3-858 through 66-3-872 NMSA 1978, as amended by Laws 1953, ch. 139, §§ 159.6 to 159.9 and 159.15 and Laws 1978, ch. 35, §§ 164 to 168 and §§ 173 to 177, relating to vehicles transporting explosives or other dangerous articles. For provisions of former sections,
see
the 2002 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 3 - Registration Laws; Security Interests; Anti-Theft Provisions; Bicycles; Equipment; Unsafe Vehicles; Off-Highway Motor Vehicles; Other Vehicles › Part 9 - EQUIPMENT › Section 66-3-873 - Formulation of rules and regulations governing transportation of compressed gases and corrosive liquids.

A. The director is empowered and directed to formulate, adopt and promulgate rules and regulations containing reasonable standards of safety, having uniform force and effect throughout this state for the transportation of compressed gases and corrosive liquids by tank vehicle upon the public highways, including standards covering safety and the safe operation thereof. Of the aforesaid standards, those applicable to compressed gases and those applicable to corrosive liquids shall each be separately formulated and distinguished. The director shall, and local authorities may, enforce such rules and regulations.
B. Standards of safety incorporated in any rule or regulation adopted pursuant to this section shall be consistent with recognized good practice for tank vehicle transportation of each of the aforementioned products as evidenced by standards therefor promulgated by nationally recognized authorities on the subject, except that suitable and reasonable exceptions may be provided under which the continued operation of tank vehicles in service prior to the adoption of the rules and regulations authorized by this section may be permitted.
C. No rule or regulation shall be adopted under the provisions of this section or made effective until after a public hearing thereon, of which at least twenty days' written notice shall have been given by registered mail to each motor carrier, producer, refiner, distributor or other person who or which shall have registered his or its name and mailing address with the director as a party interested in such proceedings, and at which any such interested party may appear and present testimony. Every such notice shall contain a copy of each rule and regulation proposed for adoption pursuant to such hearing.
History:
1953 Comp., § 64-3-873, enacted by Laws 1978, ch. 35, § 179.
ANNOTATIONS
Cross references.
— For the general requirement with respect to notice by the division,
see
66-2-11 NMSA 1978.
For adoption of flammable liquids rules by the public regulation commission,
see
59A-52-16 NMSA 1978 et seq.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 3 - Registration Laws; Security Interests; Anti-Theft Provisions; Bicycles; Equipment; Unsafe Vehicles; Off-Highway Motor Vehicles; Other Vehicles › Part 9 - EQUIPMENT › Section 66-3-874 - Safety belts required.

It is unlawful for any person to buy, sell, lease, trade or transfer from or to New Mexico residents at retail an automobile, which is manufactured or assembled commencing with the 1964 models, unless the vehicle is equipped with safety belts installed for use in the left front and right front seats.
History:
1953 Comp., § 64-20-75, enacted by Laws 1963, ch. 30, § 1; recompiled as 1953 Comp., § 64-3-874, by Laws 1978, ch. 35, § 180.
ANNOTATIONS
No statutory duty to fasten seat belt under this section.
Selgado v. Commercial Warehouse Co.
, 1975-NMCA-144, 88 N.M. 579, 544 P.2d 719;
Thomas v. Henson
, 1984-NMCA-113, 102 N.M. 417, 696 P.2d 1010,
aff'd in part and rev'd in part on other grounds
, 1985-NMSC-010, 102 N.M. 326, 695 P.2d 476.
Pickups and trucks within meaning of "automobile".
— Pickups and trucks fall within the meaning of "motor vehicle" as used in the act's (Laws 1967, ch. 30, enacting this section and a section similar to 66-8-375 NMSA 1978) title, and within the term "automobile" as used in the body of the act. 1967 Op. Att'y Gen. No. 67-134.
Law reviews.
— For comment, "Contributory Negligence - Failure to Use Automobile Seat Belts," see 9 Nat. Resources J. 110 (1969).
For note, "The New Case for the 'Seat Belt Defense' -
Norwest Bank New Mexico, NA v. Chrysler Corporation,
" see 30 N.M.L. Rev. 403 (2000).
Am. Jur. 2d, A.L.R. and C.J.S. references.
— Automobile occupant's failure to use seat belt as negligence, 92 A.L.R.3d 9.
Nonuse of automobile seatbelts as evidence of comparative negligence, 95 A.L.R.3d 239.
Liability under state law for injuries resulting from defective automobile seatbelt, shoulder harness, or restraint system, 48 A.L.R.5th 1.
60 C.J.S. Motor Vehicles § 26.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 3 - Registration Laws; Security Interests; Anti-Theft Provisions; Bicycles; Equipment; Unsafe Vehicles; Off-Highway Motor Vehicles; Other Vehicles › Part 9 - EQUIPMENT › Section 66-3-875 - Safety belts; type and manner of installation.

All safety belts required in Section 66-3-874 NMSA 1978 shall be of a type and shall be installed in a manner approved by the division of motor vehicles. The division shall establish specifications and requirements for approved types of safety belts and attachments thereto. The division shall accept, as approved, all seat belt installations and the belts and anchors meeting the Society of Automotive Engineers' specifications.
History:
1953 Comp., § 64-3-875, enacted by Laws 1978, ch. 35, § 181.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 3 - Registration Laws; Security Interests; Anti-Theft Provisions; Bicycles; Equipment; Unsafe Vehicles; Off-Highway Motor Vehicles; Other Vehicles › Part 9 - EQUIPMENT › Section 66-3-876 to 66-3-886 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1995, ch. 135, § 29 repealed former 66-3-876 through 66-3-886 NMSA 1978, as enacted by Laws 1963, ch. 296, §§ 1, 4, and 6 through 11, and Laws 1978, ch. 35, §§ 183 and 186, and as amended by Laws 1978, ch. 35, §§ 182, 185, and 187 through 192, relating to the Vehicle Equipment Safety Compact, effective June 16, 1995. For provisions of former sections,
see
the 1994 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 3 - Registration Laws; Security Interests; Anti-Theft Provisions; Bicycles; Equipment; Unsafe Vehicles; Off-Highway Motor Vehicles; Other Vehicles › Part 9 - EQUIPMENT › Section 66-3-887 - Slow-moving vehicle identification.

A. As used in this section, "slow-moving vehicle" means any vehicle which is ordinarily moved, operated or driven at a speed less than twenty-five miles an hour.
B. Each slow-moving vehicle moved, operated or driven on a highway which is open for vehicular travel shall display a slow-moving vehicle emblem or flashing amber light. The emblem is a flourescent [fluorescent] yellow-orange triangle measuring approximately sixteen and one-fourth inches horizontally and fourteen inches vertically, with truncated corners. Part of the area of the emblem shall be a reflective border, one and three-fourths inches wide. The flourescent [fluorescent] yellow-orange triangle is for daylight identification and the reflective border appears as a hollow red triangle when illuminated by headlights at night. Specifications for the emblem shall be approved by the director pursuant to Sections [Section] 66-3-838 NMSA 1978, and the director shall be guided by American Society of Automotive Engineers standards.
C. The emblem shall be mounted on the center rear of each slow-moving vehicle, broad base down, at the height of not less than two feet and not more than five feet above ground level, and in a plane parallel to the rear axle. The emblem shall be positioned so as to be entirely visible from a distance of five hundred feet or more, day or night. The emblem shall be kept clean and free from any material which might obscure its visibility.
D. Use of the emblem is confined to slow-moving vehicles, and its use on any other type of vehicle or on any stationary object is prohibited. This section does not prohibit the use on slow-moving vehicles of red flags or lawful lighting devices in addition to the slow-moving vehicle emblem.
E. No person shall sell, lease, rent or operate any slow-moving vehicle unless the slow-moving vehicle is equipped with a slow-moving vehicle emblem.
F. Any person who violates any provision of this section is guilty of a misdemeanor.
History:
1953 Comp., § 64-3-887, enacted by Laws 1978, ch. 35, § 193.
ANNOTATIONS
Cross references.
— For the penalty for misdemeanors,
see
66-8-7 NMSA 1978.
For the penalty assessment for violation of this section,
see
66-8-116 NMSA 1978.
Bracketed material.
— The bracketed material in this section was inserted by the compiler and it is not part of the law.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 3 - Registration Laws; Security Interests; Anti-Theft Provisions; Bicycles; Equipment; Unsafe Vehicles; Off-Highway Motor Vehicles; Other Vehicles › Part 11 - OFF-HIGHWAY MOTOR VEHICLES › Section 66-3-1001 - Short title.

Sections 66-3-1001 through 66-3-1016 [and 66-3-1017 to 66-3-1020] NMSA 1978 may be cited as the "Off-Highway Motor Vehicle Act".
History:
1953 Comp., § 64-3-1001, enacted by Laws 1978, ch. 35, § 197; 1985, ch. 189, § 1.
ANNOTATIONS
Compiler's notes.
— Laws 2005, ch. 325, §§ 19 to 22 were enacted as new sections of the Off-Highway Motor Vehicle Act. They were compiled as 66-3-1017 to 66-3-1020 NMSA 1978 by the compiler. The bracketed material in § 66-3-1001 NMSA 1978 was added by the compiler and is not part of the law.
Cross references.
— For restrictions on vehicle use damaging to wildlife reproduction, management or habitat,
see
17-6-3 to 17-6-6 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— Products liability: All-Terrain vehicles (ATV's), 83 A.L.R.4th 70.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 3 - Registration Laws; Security Interests; Anti-Theft Provisions; Bicycles; Equipment; Unsafe Vehicles; Off-Highway Motor Vehicles; Other Vehicles › Part 11 - OFF-HIGHWAY MOTOR VEHICLES › Section 66-3-1002 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1990, ch. 120, § 45 repealed 66-3-1002 NMSA 1978, as amended by Laws 1985, ch. 189, § 2, relating to definitions, effective July 1, 1990. For provisions of former section,
see
the 1989 NMSA 1978 on
NMOneSource.com.
For present comparable provisions,
see
66-1-4.1 to 66-1-4.20 NMSA 1978.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 3 - Registration Laws; Security Interests; Anti-Theft Provisions; Bicycles; Equipment; Unsafe Vehicles; Off-Highway Motor Vehicles; Other Vehicles › Part 11 - OFF-HIGHWAY MOTOR VEHICLES › Section 66-3-1003 - Off-highway motor vehicles; registration.

Unless exempted from the provisions of the Off-Highway Motor Vehicle Act, a person shall not operate an off-highway motor vehicle unless the off-highway motor vehicle has been registered in accordance with Chapter 66, Article 3 NMSA 1978. The owner shall affix the validating sticker as provided in Chapter 66, Article 3 NMSA 1978.
History:
1953 Comp., § 64-3-1003, enacted by Laws 1978, ch. 35, § 199; 1985, ch. 189, § 3; 1987, ch. 17, § 1; 2005, ch. 325, § 2.
ANNOTATIONS
The 2005 amendment,
effective January 1, 2006, changed "motor vehicle" to "off-highway motor vehicle"; deleted the provision of former Subsection A that an off-highway motor vehicle must be registered; deleted former Subsection B, which provided for the application for registration and certificate of title for off-highway motor vehicles; deleted former Subsection C, which provided that the owner of the off-highway motor vehicle must affix the registration place; and provided that a person shall not operate an off-highway motor vehicle unless it has been registered and the owner has affixed the validating sticker in accordance with Chapter 66, Article 3 NMSA 1978.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 3 - Registration Laws; Security Interests; Anti-Theft Provisions; Bicycles; Equipment; Unsafe Vehicles; Off-Highway Motor Vehicles; Other Vehicles › Part 11 - OFF-HIGHWAY MOTOR VEHICLES › Section 66-3-1003.1 - Recompiled.

History:
Laws 2017, ch. 70, § 2; 66-3-1003.1 recompiled as 66-3-424.36 by compiler.
ANNOTATIONS
Recompilations.
— Laws 2017, ch. 70, § 2 was erroneously compiled as 66-3-1003.1 NMSA 1978 and has been recompiled as 66-3-424.36 NMSA 1978 by the compiler.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 3 - Registration Laws; Security Interests; Anti-Theft Provisions; Bicycles; Equipment; Unsafe Vehicles; Off-Highway Motor Vehicles; Other Vehicles › Part 11 - OFF-HIGHWAY MOTOR VEHICLES › Section 66-3-1004.1 - Repealed.

History:
Laws 2005, ch. 325, § 4; 2007, ch. 319, § 37; repealed by Laws 2009, ch. 53, § 15.
ANNOTATIONS
Repeals.
— Laws 2009, ch. 53, § 15 repealed 66-3-1004.01 NMSA 1978, as enacted by Laws 2005, ch. 325, § 4, relating to fees, effective April 1, 2009. For provisions of former section,
see
the 2008 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 3 - Registration Laws; Security Interests; Anti-Theft Provisions; Bicycles; Equipment; Unsafe Vehicles; Off-Highway Motor Vehicles; Other Vehicles › Part 11 - OFF-HIGHWAY MOTOR VEHICLES › Section 66-3-1005 - Exemptions.

The provisions of the Off-Highway Motor Vehicle Act shall not apply to persons who operate off-highway motor vehicles on privately held lands or to off-highway motor vehicles that are:
A. owned and operated by an agency or department of the United States, this state or a political subdivision of this state;
B. operated exclusively on lands privately held; provided that the appropriate tax or fee has been paid in lieu of the motor vehicle registration fees;
C. owned by nonresidents and used in this state only for organized and endorsed competition purposes; provided that the use is not on a rental basis;
D. brought into this state by manufacturers or distributors for wholesale purposes and not used for demonstrations;
E. in the possession of dealers as stock-in-trade and not used for demonstration purposes;
F. farm tractors, as defined in Section 66-1-4.6 NMSA 1978, special mobile equipment, as defined in Section 66-1-4.16 NMSA 1978, or off-highway motor vehicles being used for agricultural operations; or
G. used exclusively on private closed courses, whether owned by the rider or another person; provided that, if applicable, the excise tax and registration fees have been paid and are current.
History:
1953 Comp., § 64-3-1005, enacted by Laws 1978, ch. 35, § 201; 1985, ch. 189, § 5; 2005, ch. 325, § 5.
ANNOTATIONS
The 2005 amendment,
effective January 1, 2006, provided an exemption for a person who operates off-highway motor vehicles on privately held lands; deleted the former exemption if the off-highway motor vehicle was operated on lands privately held by the owner of the vehicle; provided an exemption in Subsection B for an off-highway motor vehicle that is operated on lands privately held provided that the appropriate tax or fee has been paid in lieu of the motor vehicle registration fees; deleted former exemption in Subsection C if the off-highway motor vehicle was owned by a nonresident provided the use was for competition and did not exceed fifteen days and was not a rental vehicle; added Subsection C to provide an exemption if the off-highway motor vehicle is owned by a nonresident and used only for organized and endorsed competition and is not a rental; provided an exemption in Subsection F for off-highway motor vehicles used for agricultural operations; and added Subsection G to provide an exemption if the off-highway motor vehicle is used in private closed courses provided the applicable tax and fees have been paid.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 3 - Registration Laws; Security Interests; Anti-Theft Provisions; Bicycles; Equipment; Unsafe Vehicles; Off-Highway Motor Vehicles; Other Vehicles › Part 11 - OFF-HIGHWAY MOTOR VEHICLES › Section 66-3-1006 - Grounds for refusing registration or certificate of title.

The division may refuse registration or issuance of a certificate of title or any transfer of a registration certificate if:
A. the division has reasonable grounds to believe that the application contains any false or fraudulent statement or that the applicant has failed to furnish the required information or reasonable additional information requested by the division or that the applicant is not entitled to the issuance of a certificate of title or registration certificate of the off-highway motor vehicle under the Motor Vehicle Code [66-1-1 NMSA 1978] or laws of this state;
B. the division has reasonable grounds to believe that the off-highway motor vehicle is stolen or embezzled or that the granting of a registration certificate or the issuance of a certificate of title would constitute a fraud against the rightful owner or other person having a valid lien upon the off-highway motor vehicle;
C. the division has reasonable grounds to believe that a nonresident applicant is not entitled to registration issuance under the laws of the nonresident applicant's state of residence;
D. the required fees have not been paid; or
E. the motor vehicle excise tax has not been paid pursuant to Chapter 7, Article 14 NMSA 1978.
History:
1953 Comp., § 64-3-1006, enacted by Laws 1978, ch. 35, § 202; 1985, ch. 189, § 6; 2005, ch. 325, § 6.
ANNOTATIONS
Cross references.
— For fraudulent applications,
see
66-8-1 NMSA 1978.
The 2005 amendment,
effective January 1, 2006, provided in Subsection A that the division may refuse registration or a certificate of title or registration if the division has reasonable grounds to believe the application contains false or fraudulent statements or the applicant has failed to provide all information or the applicant is not entitled to issuance of a certificate of title or registration of the off-highway motor vehicle under the Motor Vehicle Code; added Subsection C to provide that the division may refuse registration or a certificate of title or registration if the division has reasonable grounds to believe a nonresident applicant is not entitle to registration under the laws of the nonresident's state of residence; and provided in Subsection E that the division may refuse registration or a certificate of title or registration if the tax has not been paid pursuant to Chapter 7, Article 14, NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 60 C.J.S. Motor Vehicles § 100.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 3 - Registration Laws; Security Interests; Anti-Theft Provisions; Bicycles; Equipment; Unsafe Vehicles; Off-Highway Motor Vehicles; Other Vehicles › Part 11 - OFF-HIGHWAY MOTOR VEHICLES › Section 66-3-1007 - Evidentiary value of certificate of title.

A certificate of title issued by the division for an off-highway motor vehicle shall be received as prima facie evidence of the ownership of the off-highway motor vehicle named in the certificate and as prima facie evidence of all liens and encumbrances against the off-highway motor vehicle appearing on the certificate.
History:
1953 Comp., § 64-3-1007, enacted by Laws 1978, ch. 35, § 203; 1985, ch. 189, § 7; 2005, ch. 325, § 7.
ANNOTATIONS
The 2005 amendment,
effective January 1, 2006, changed "motor vehicle" to "off-highway motor vehicle".
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 3 - Registration Laws; Security Interests; Anti-Theft Provisions; Bicycles; Equipment; Unsafe Vehicles; Off-Highway Motor Vehicles; Other Vehicles › Part 11 - OFF-HIGHWAY MOTOR VEHICLES › Section 66-3-1008 - Validating stickers to be furnished by division.

The division, upon registering an off-highway motor vehicle, shall issue to the owner validating stickers as provided in Section 66-3-14 NMSA 1978.
History:
1953 Comp., § 64-3-1008, enacted by Laws 1978, ch. 35, § 204; 1985, ch. 189, § 8; 2005, ch. 325, § 8.
ANNOTATIONS
The 2005 amendment,
effective January 1, 2006, provided that upon registration of off-highway motor vehicles, the division shall issue validating stickers.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 7A Am. Jur. 2d Automobiles and Highway Traffic § 54.
60 C.J.S. Motor Vehicles § 106.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 3 - Registration Laws; Security Interests; Anti-Theft Provisions; Bicycles; Equipment; Unsafe Vehicles; Off-Highway Motor Vehicles; Other Vehicles › Part 11 - OFF-HIGHWAY MOTOR VEHICLES › Section 66-3-1009 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1991, ch. 160, § 22 repealed 66-3-1009 NMSA 1978, as enacted by Laws 1978, ch. 35, § 205, relating to dealer demonstration certificates, effective July 1, 1991. For provisions of former section,
see
the 1990 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 3 - Registration Laws; Security Interests; Anti-Theft Provisions; Bicycles; Equipment; Unsafe Vehicles; Off-Highway Motor Vehicles; Other Vehicles › Part 11 - OFF-HIGHWAY MOTOR VEHICLES › Section 66-3-1010 - Licensing.

Drivers of off-highway motor vehicles are not required to be licensed.
History:
1953 Comp., § 64-3-1010, enacted by Laws 1978, ch. 35, § 206; 1985, ch. 189, § 10.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 3 - Registration Laws; Security Interests; Anti-Theft Provisions; Bicycles; Equipment; Unsafe Vehicles; Off-Highway Motor Vehicles; Other Vehicles › Part 11 - OFF-HIGHWAY MOTOR VEHICLES › Section 66-3-1010.1 - Off-highway motor vehicle safety training organization; approval and certification.

A. An off-highway motor vehicle safety training organization that offers and conducts an off-highway motor vehicle safety training course shall be approved and certified by the department. Applicants for approval and certification shall submit an application to the department for consideration.
B. The department may approve and certify an organization that meets the minimum criteria established by the department for an off-highway motor vehicle safety training organization. Each approval and certification shall be renewed annually.
History:
Laws 2005, ch. 325, § 9; 2009, ch. 53, § 3.
ANNOTATIONS
The 2009 amendment,
effective April 1, 2009, changed "board" to "department".
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 3 - Registration Laws; Security Interests; Anti-Theft Provisions; Bicycles; Equipment; Unsafe Vehicles; Off-Highway Motor Vehicles; Other Vehicles › Part 11 - OFF-HIGHWAY MOTOR VEHICLES › Section 66-3-1010.2 - Off-highway motor vehicle safety permit; requirements; issuance.

A person under the age of eighteen shall be required to successfully complete an off-highway motor vehicle safety training course for which the person shall have parental permission. The course shall be conducted by an off-highway motor vehicle safety training organization that is approved and certified by the department. Upon successful completion of the course, the person shall receive an off-highway motor vehicle safety permit issued by the organization.
History:
Laws 2005, ch. 325, § 10; 2009, ch. 53, § 4.
ANNOTATIONS
The 2009 amendment,
effective April 1, 2009, changed "board" to "department".
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 3 - Registration Laws; Security Interests; Anti-Theft Provisions; Bicycles; Equipment; Unsafe Vehicles; Off-Highway Motor Vehicles; Other Vehicles › Part 11 - OFF-HIGHWAY MOTOR VEHICLES › Section 66-3-1010.4 - Safety helmet; civil liability.

Failure by a passenger or driver to use a safety helmet while on an off-highway motor vehicle shall not in any instance constitute fault or negligence and shall not limit or apportion damages.
History:
Laws 2005, ch. 325, § 12.
ANNOTATIONS
Effective dates.
— Laws 2005, ch. 325, § 26 made this section effective January 1, 2006.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 3 - Registration Laws; Security Interests; Anti-Theft Provisions; Bicycles; Equipment; Unsafe Vehicles; Off-Highway Motor Vehicles; Other Vehicles › Part 11 - OFF-HIGHWAY MOTOR VEHICLES › Section 66-3-1010.5 - Requirements of dealers to distribute safety information.

A dealer selling off-highway motor vehicles shall distribute information provided by the department to off-highway motor vehicle purchasers on state laws, environmental and cultural considerations, customs, safety requirements, training programs, operating characteristics and potential risk of injury associated with off-highway motor vehicles.
History:
Laws 2005, ch. 325, § 13; 2009, ch. 53, § 6.
ANNOTATIONS
The 2009 amendment,
effective April 1, 2009, deleted "recommended by the board" and added "provided by the department", and added "environmental and cultural considerations, customs".
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 3 - Registration Laws; Security Interests; Anti-Theft Provisions; Bicycles; Equipment; Unsafe Vehicles; Off-Highway Motor Vehicles; Other Vehicles › Part 11 - OFF-HIGHWAY MOTOR VEHICLES › Section 66-3-1012 - Driving of off-highway motor vehicles adjacent to highway.

A. Off-highway motor vehicles issued a validating sticker or nonresident permit may be driven adjacent to a highway, yielding to all vehicles entering or exiting the highway, in a manner so as not to interfere with traffic upon the highway, only for the purpose of gaining access to or returning from areas designed for the operation of off-highway motor vehicles by the shortest possible route and when no other route is available or when the area adjacent to a highway is being used as a staging area. Such use must occur between the highway and fencing that separates the highway from private or public lands.
B. When snow conditions permit, an off-highway motor vehicle may be operated on the right-hand side of a highway, parallel, but not closer than ten feet, to the inside of the plow bank.
History:
1953 Comp., § 64-3-1012, enacted by Laws 1978, ch. 35, § 208; 1985, ch. 189, § 12; 2005, ch. 325, § 15.
ANNOTATIONS
The 2005 amendment,
effective January 1, 2006, deleted the former provision that an off-highway motor vehicle issued a registration plate could be moved by non mechanical means adjacent to a highway; provided in Subsection A that an off-highway motor vehicle issued a validating sticker or nonresident permit may be driven adjacent to a highway, yielding to all vehicles entering or exiting the highway, only for the purpose of gaining access to designated off-highway motor vehicle areas by the shortest possible route when no other route is available or when the area adjacent to a highway is used as a staging area and that the use must occur between the highway and fencing that separates the highway from private or public lands; and added Subsection B to provide that when snow conditions permit an off-highway motor vehicle may be operated on the right-hand side of the highway, not closer than ten feet to the inside of the plow bank.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 3 - Registration Laws; Security Interests; Anti-Theft Provisions; Bicycles; Equipment; Unsafe Vehicles; Off-Highway Motor Vehicles; Other Vehicles › Part 11 - OFF-HIGHWAY MOTOR VEHICLES › Section 66-3-1013 - Liability; local registration prohibited.

A. A landowner shall not be held liable for damages arising out of off-highway motor vehicle-related accidents or injuries occurring on the landowner's lands in which the landowner is not directly involved unless the entry on the lands is subject to payment of a fee.
B. It is unlawful to operate an off-highway motor vehicle on private lands or roads except with the express permission of the landowner or leaseholder of the lands.
History:
1953 Comp., § 64-42-13, enacted by Laws 1975, ch. 240, § 13; recompiled as 1953 Comp., § 64-3-1013, by Laws 1978, ch. 35, § 209; 1985, ch. 189, § 13; 2005, ch. 325, § 16.
ANNOTATIONS
Compiler's notes.
— As enacted, this section contained a section heading which read "Liability; local registration prohibited".
The 2005 amendment,
effective January 1, 2006, provided in Subsection B that it is unlawful to operate an off-highway vehicle on private roads without the permission of the landowner or leaseholder of the land.
Equal Protection Clause considerations.
— The operation of off-highway motorcycles is a potentially dangerous activity and the singling out of these vehicles in Section 66-3-1013 NMSA 1978 is not precluded by the Equal Protection Clause.
Vandolsen v. Constructors, Inc.
, 1984-NMCA-023, 101 N.M. 109, 678 P.2d 1184, cert. denied, 101 N.M. 77, 678 P.2d 705.
This section does not confer recreational usage immunity on government landowners.
Martin v. Middle Rio Grande Conservancy Dist.
, 2008-NMCA-151, 145 N.M. 151, 194 P.3d 766.
Exception for willful or malicious conduct.
— The words "directly involved" in this provision refer to "willful" or "malicious" conduct by landowners proximately causing injury to individuals who have entered upon their property. Summary judgment against plaintiff was therefore proper when there were no facts indicating that defendants' actions causing plaintiff's injury were "willful" or "malicious" in nature.
Matthews v. State
, 1991-NMCA-116, 113 N.M. 291, 825 P.2d 224.
Utter disregard for consequences.
— If a landowner performs intentional acts "in utter disregard for the consequences," the landowner is not entitled to immunity. When a defendant claims immunity, plaintiffs are therefore not required to prove deliberate intention or purpose to harm in order to rebut the claim.
Rivero v. Lovington Country Club, Inc.
, 1997-NMCA-114, 124 N.M. 273, 949 P.2d 287.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 3 - Registration Laws; Security Interests; Anti-Theft Provisions; Bicycles; Equipment; Unsafe Vehicles; Off-Highway Motor Vehicles; Other Vehicles › Part 11 - OFF-HIGHWAY MOTOR VEHICLES › Section 66-3-1014 - Accidents and accident reports.

The driver of an off-highway motor vehicle involved in an accident resulting in injuries to or the death of a person or resulting in damage to public or private property to the extent of five hundred dollars ($500) or more shall immediately notify a law enforcement agency of the accident and the facts relating to the accident. If the driver is under the age of eighteen, the driver's parent or legal guardian shall immediately notify a law enforcement agency of the accident and the facts relating to the accident.
History:
1953 Comp., § 64-42-14, enacted by Laws 1975, ch. 240, § 14; recompiled as 1953 Comp., § 64-3-1014, by Laws 1978, ch. 35, § 210; 1985, ch. 189, § 14; 2005, ch. 325, § 17.
ANNOTATIONS
The 2005 amendment,
effective January 1, 2006, increased the minimum amount of property damage that requires an accident report from $50 to $500 or more; provided that if the driver is under the age of eighteen, the driver's parent or legal guardian shall immediately notify a law enforcement agency of the accident and the facts relating to the accident.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— Products liability: All-Terrain vehicles (ATV's), 83 A.L.R.4th 70.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 3 - Registration Laws; Security Interests; Anti-Theft Provisions; Bicycles; Equipment; Unsafe Vehicles; Off-Highway Motor Vehicles; Other Vehicles › Part 11 - OFF-HIGHWAY MOTOR VEHICLES › Section 66-3-1015 - Enforcement.

A wildlife conservation officer, state police officer or peace officer of this state or any of its political subdivisions, upon displaying the officer's badge of office, has the authority to enforce the provisions of the Off-Highway Motor Vehicle Act and may:
A. require an off-highway motor vehicle operator to produce:
(1) the registration certificate or nonresident permit;
(2) proof of successful completion of an off-highway motor vehicle training course conducted by an off-highway safety training organization approved and certified by the department, when required by Section 66-3-1010.2 NMSA 1978; and
(3) the personal identification of the operator; and
B. issue citations for violations of the provisions of the Off-Highway Motor Vehicle Act.
History:
1953 Comp., § 64-3-1015, enacted by Laws 1978, ch. 35, § 211; 1985, ch. 189, § 15; 2005, ch. 325, § 18; 2009, ch. 53, § 8.
ANNOTATIONS
Cross references.
— For the powers of the wildlife conservation officers,
see
17-2-46 NMSA 1978.
The 2009 amendment,
effective April 1, 2009, in Paragraph (2) of Subsection A, changed "board" to "department".
The 2005 amendment,
effective January 1, 2006, provided in Subsection A(2) that an officer may require an operator to produce the nonresident permit and added Subsection A(2) to provide that an officer may require the operator to produce proof of completion of an off-highway motor vehicle training course.