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 66-3-1010.3 - Operation and equipment; safety requirements.

A. A person shall not operate an off-highway motor vehicle:
(1) in a careless, reckless or negligent manner so as to endanger the person or property of another;
(2) while under the influence of intoxicating liquor or drugs as provided by Section 66-8-102 NMSA 1978;
(3) while in pursuit of and with intent to hunt or take a species of animal or bird protected by law unless otherwise authorized by the state game commission;
(4) in pursuit of or harassment of livestock in any manner that negatively affects the livestock's condition;
(5) on or within an earthen tank or other structure meant to water livestock or wildlife, unless the off-highway motor vehicle is on a route designated by the landowner or land management agency as an off-highway motor vehicle route;
(6) in a manner that has a direct negative effect on or interferes with persons engaged in agricultural practices;
(7) in excess of ten miles per hour within two hundred feet of a business, animal shelter, horseback rider, bicyclist, pedestrian, livestock or occupied dwelling, unless the person operates the vehicle on a closed course or track or a public roadway;
(8) unless in possession of the person's registration certificate or nonresident permit;
(9) unless the vehicle is equipped with a spark arrester approved by the United States forest service; provided that a snowmobile is exempt from this provision;
(10) when conditions such as darkness limit visibility to five hundred feet or less, unless the vehicle is equipped with:
(a) one or more headlights of sufficient candlepower to light objects at a distance of one hundred fifty feet; and
(b) at least one taillight of sufficient intensity to exhibit a red or amber light at a distance of two hundred feet under normal atmospheric conditions;
(11) that produces noise that exceeds ninety-six decibels when measured using test procedures established by the society of automotive engineers pursuant to standard J-1287; or
(12) where off-highway motor vehicle traffic is prohibited under local, state or federal rules or regulations.
B. A person under the age of eighteen shall not operate an off-highway motor vehicle:
(1) or ride upon an off-highway motor vehicle without wearing eye protection and a safety helmet that is securely fastened in a normal manner as headgear and that meets the standards established by the department;
(2) without an off-highway motor vehicle safety permit; or
(3) while carrying a passenger.
C. A person under the age of eighteen but at least ten years of age shall not operate an off-highway motor vehicle unless the person is visually supervised at all times by a parent, legal guardian or a person over the age of eighteen who has a valid driver's license. This subsection shall not apply to a person who is at least:
(1) thirteen years of age and has a valid motorcycle license and off-highway motor vehicle safety permit; or
(2) fifteen years of age and has a valid driver's license, instructional permit or provisional license and off-highway motor vehicle safety permit.
D. A person under the age of ten shall not operate an off-highway motor vehicle unless:
(1) the all-terrain vehicle or recreational off-highway vehicle is an age-appropriate size-fit vehicle established by rule of the department; and
(2) the person is visually supervised at all times by a parent, legal guardian or instructor of a safety training course certified by the department.
E. An off-highway motor vehicle shall not be sold or offered for sale if the vehicle produces noise that exceeds ninety-six decibels when measured using test procedures established by the society of automotive engineers pursuant to standard J-1287. This subsection shall not apply to an off-highway motor vehicle that is sold or offered for sale only for organized competition.
History:
Laws 2005, ch. 325, § 11; 2009, ch. 53, § 5; 2017, ch. 70, § 3.
ANNOTATIONS
The 2017 amendment,
effective July 1, 2017, exempted the operation of an off-highway vehicle when operated on a public roadway from the prohibition of operating off- highway motor vehicles in excess of ten miles per hour within two hundred feet of a business, animal shelter, horseback rider, bicyclist, pedestrian, livestock or occupied dwelling; and in Subsection A, Paragraph A(7), after "course or track", added "or a public roadway".
The 2009 amendment,
effective April 1, 2009, added Paragraphs (4), (5) and (6) of Subsection A; added "livestock" in Paragraph (7) of Subparagraph A; added Paragraph (12) of Subsection A; in Subsection B, changed "board" to "department"; in Subsection D, changed "board" to "department"; in Paragraph (1) of Subsection D, added "or recreational off-highway vehicle"; and deleted former Subsection E that provided that Subsections C and D did not apply to persons who are part of an organized tour.