reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 15 - OFF-HIGHWAY MOTOR VEHICLE SAFETY › Part 3 - OFF-HIGHWAY MOTOR VEHICLE SAFETY STANDARDS › Section 18.15.3.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule prescribes safety standards, registration, and
				  safety permit requirements for all persons seeking to operate an off-highway
				  motor vehicle and applies to all persons seeking to operate an off-highway
				  motor vehicle safety training organization, or serve as an off-highway motor
				  vehicle instructor, or off-highway motor vehicle tour operator or guide in New
				  Mexico.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 15 - OFF-HIGHWAY MOTOR VEHICLE SAFETY › Part 3 - OFF-HIGHWAY MOTOR VEHICLE SAFETY STANDARDS › Section 18.15.3.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Sections
				  66-3-1001
				  through
				  66-3-1020
				  NMSA 1978.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 15 - OFF-HIGHWAY MOTOR VEHICLE SAFETY › Part 3 - OFF-HIGHWAY MOTOR VEHICLE SAFETY STANDARDS › Section 18.15.3.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
October 14, 2016, unless a later date is cited at the end of
				  a section.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 15 - OFF-HIGHWAY MOTOR VEHICLE SAFETY › Part 3 - OFF-HIGHWAY MOTOR VEHICLE SAFETY STANDARDS › Section 18.15.3.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The purpose of this rule is to provide minimum and uniform
				  standards for the registration, permitting, and safe operation of off-highway
				  motor vehicles, for the certification of off-highway motor vehicle safety
				  training organizations and instructors, for the conduct of off-highway motor
				  vehicle tour operators and guides, and matters incident
				  thereto.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 15 - OFF-HIGHWAY MOTOR VEHICLE SAFETY › Part 3 - OFF-HIGHWAY MOTOR VEHICLE SAFETY STANDARDS › Section 18.15.3.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
"ASI"
means the ATV safety institute, a division of the specialty
				vehicle institute of America.
B.
"All-terrain vehicle (ATV)"
which means a motor vehicle 50 inches
				or less in width, having an unladen dry weight of 1,000 pounds or less,
				traveling on three or more low-pressure tires and having a seat designed to be
				straddled by the operator and handlebar-type steering control.
C.
"Certificate"
means one of
				the following documents issued by the department or an organization recognized
				by the department authorizing a person to:
(1) "Safety training permit": operate an
				off-highway motor vehicle if under 18 years of age or;
(2) "Instructor certificate": serve as an
				off-highway motor vehicle safety training lead instructor or junior
				instructor.
(3) "Registration
				certificate": operate on public land an off-highway motor vehicle for which
				registration fees have been paid in accordance with Chapter 66, Article 3 NMSA
				1978.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 15 - OFF-HIGHWAY MOTOR VEHICLE SAFETY › Part 3 - OFF-HIGHWAY MOTOR VEHICLE SAFETY STANDARDS › Section 18.15.3.9 - MINIMUM CRITERIA FOR APPROVAL AND CERTIFICATION OF OFF-HIGHWAY MOTOR VEHICLE SAFETY TRAINING ORGANIZATIONS, INSTRUCTORS, AND CURRICULA; OUT-OF-STATE SAFETY PERMITS; GRANDFATHERED SAFETY PERMITS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
ASI standard adopted:
the
				department shall approve and certify all ATV safety training organizations
				whose applications establish that the organization will:
(1) use ASI's instructional materials,
				e-course, or a materially equivalent curriculum; and
(2) comply with the inclusion of New
				Mexico-specific curriculum with respect to environmental considerations,
				private property restrictions, agricultural and rural lifestyles and cultural
				considerations, laws and prohibitions against operating OHVs under the
				influence of alcohol or drugs.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 15 - OFF-HIGHWAY MOTOR VEHICLE SAFETY › Part 3 - OFF-HIGHWAY MOTOR VEHICLE SAFETY STANDARDS › Section 18.15.3.10 - CERTIFICATION OF OFF-HIGHWAY MOTOR VEHICLE SAFETY TRAINING INSTRUCTORS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Review by
				the department:
when reviewing applications for OHV safety training
				instructors, the department shall consider whether:
(1) the information provided by the applicant
				is accurate and valid;
(2) the
				character and employment references provided by the applicant report that the
				applicant is fit to conduct an OHV safety training course;
(3) the applicant has a criminal history, as
				evidenced by a background check conducted by the department.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 15 - OFF-HIGHWAY MOTOR VEHICLE SAFETY › Part 3 - OFF-HIGHWAY MOTOR VEHICLE SAFETY STANDARDS › Section 18.15.3.11 - ON-LINE SAFETY TRAINING

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Course length and testing requirement:
an OHV safety training
				program shall provide at least four hours of curriculum on safe and responsible
				OHV operation. Upon successful completion of the curriculum and final exam, a
				safety permit shall be issued. A student must correctly answer at least seventy
				percent of the questions to pass the final exam and receive a permit.
B.
Curriculum requirement:
Only
				the curriculum, chapter review material, and final examination questions
				approved by the department may be used. An on-line safety training curriculum
				must include lessons about:
(1) safety
				awareness;
(2) New Mexico
				operations requirements as required by Chapter 66, Article 3 NMSA
				1978;
(3) safety equipment
				requirements as required by
				18.15.3.8
				NMAC;
(4) age-appropriate OHV
				size-fit as outlined by
				18.15.3.8
				NMAC;
(5) responsible use of OHVs
				with respect to environmental considerations, private property restrictions,
				agricultural and rural lifestyles and cultural considerations, OHV operating
				laws and prohibitions against operating OHVs under the influence of alcohol or
				drugs;
(6) safety awareness;
				preparation to ride; controls and equipment checks; starting procedures;
				posture, starting out, shifting gears, braking and parking; turning; quick
				stops and swerving; riding strategies; riding over obstacles; riding on hills;
				and safe riding practices; and
(7)
				trail etiquette and respect for natural resources.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 15 - OFF-HIGHWAY MOTOR VEHICLE SAFETY › Part 3 - OFF-HIGHWAY MOTOR VEHICLE SAFETY STANDARDS › Section 18.15.3.12 - OFF-HIGHWAY MOTOR VEHICLE (OHV) TOUR OPERATORS AND GUIDES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Off-highway motor vehicle (OHV) tour
				operators and guides shall complete an approved OHV safety course for each type
				of OHV being operated by their clients and carry proof of applicable OHV safety
				training while providing tour operator or guide services.
B. OHV tour operators and guides shall comply
				with all applicable laws, statutes, regulations, and rules for the types of
				OHVs being operated and for the locations in which tour operator or guide
				services are being provided.
C. OHV
				tour operators and guides shall provide to their clients photocopies of all
				applicable laws, statutes, regulations, and rules for the types of OHVs being
				operated and for the locations in which tour operator or guide services are
				being provided. OHV tour operators and guides shall provide a mandatory safety
				briefing before each guided tour that includes a walk around of the OHVs that
				will be used by the clients to include how to operate the OHV, proper use of
				safety equipment, what to do in case of an emergency, etc. During the safety
				briefing the OHV tour operators and guides shall request proof of a current OHV
				safety permit from all youth clients.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 15 - OFF-HIGHWAY MOTOR VEHICLE SAFETY › Part 3 - OFF-HIGHWAY MOTOR VEHICLE SAFETY STANDARDS › Section 18.15.3.13 - DISPLAY OF OHV REGISTRATION PLATES OR DECALS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
All OHVs:
shall display a
				registration decal or plate assigned to the vehicle and issued by the division,
				or a suitable decal as issued by the department, which shall contain the year
				and month in which it expires, except for OHVs exempted or owned by those
				persons exempted under Section
				66-3-1005
				NMSA 1978.
B.
Registration
				plate or decal:
shall at all times be securely affixed to the vehicle
				for which it is issued, and shall be mounted or affixed in a position clearly
				visible, shall be maintained in a condition so as to be clearly legible, and
				displayed only for the period for which it is valid. Nothing shall be used to
				block, dim, or cover any portion of the plate or decal. All registration plates
				or decals issued on or after January 1, 2012 shall be displayed as follows:
(1) OHMs shall display decal horizontally on
				the left fork leg of the motorcycle, and shall be visible from the left side of
				the motorcycle.
(2) ATVs shall
				display decal horizontally on the left rear quadrant on permanent body or frame
				and visible from the left side of the all-terrain vehicle.
(3) ROVs and youth-model ROVs shall display
				decal horizontally on the left front quarter panel of a recreational
				off-highway vehicle.
(4)
				Snowmobiles shall display decal horizontally on the left tunnel on the back of
				snowmobile.
(5) SOHV shall display
				decal on the left side, on the front quarter of the machine.
(6) Failure to comply with any part of this
				section constitutes grounds for revocation or suspension.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 15 - OFF-HIGHWAY MOTOR VEHICLE SAFETY › Part 3 - OFF-HIGHWAY MOTOR VEHICLE SAFETY STANDARDS › Section 18.15.3.14 - OPERATION ON STREETS AND HIGHWAYS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				A person shall not operate an off-highway motor vehicle on any:
(1) limited access highway or freeway at any
				time;
(2) paved street or highway
				except as provided in Subsection B of this section, or except in compliance
				with the provisions of 66-3-1011 NMSA 1978 (the Off-Highway Motor Vehicle Act);
				or
(3) pedestrian walkways and
				non-motorized trails.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 15 - OFF-HIGHWAY MOTOR VEHICLE SAFETY › Part 3 - OFF-HIGHWAY MOTOR VEHICLE SAFETY STANDARDS › Section 18.15.3.15 - ORDINANCE NOTIFICATION PROCESS

Current through Register Vol. 35, No. 13, July 16, 2024
Any county, municipal, or other local or state government
				  authority that authorizes or changes OHV use on designated paved roads within
				  its jurisdiction shall notify the department of the authorization and upon the
				  authorization becoming effective shall provide the department a copy of the
				  authorization.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 17 - NAVIGATION AND BOATING › Part 2 - BOATING OPERATION AND SAFETY › Section 18.17.2.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
18.17.2 NMAC applies to persons using vessels in the waters
				  of New Mexico.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 17 - NAVIGATION AND BOATING › Part 2 - BOATING OPERATION AND SAFETY › Section 18.17.2.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Section
				  66-12-18 NMSA 1978 authorizes the
				  state parks division to promulgate rules to carry into effect the provisions of
				  the Boat Act, Sections
				  66-12-1
et seq
.
				  NMSA 1978.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 17 - NAVIGATION AND BOATING › Part 2 - BOATING OPERATION AND SAFETY › Section 18.17.2.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
December 31, 1996, unless a later date is cited at the end of
				  a section.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 17 - NAVIGATION AND BOATING › Part 2 - BOATING OPERATION AND SAFETY › Section 18.17.2.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
18.17.2 NMAC's objective is to set forth registration
				  requirements for vessels and to promote safety for persons and property in and
				  connected with vessels' use, operation and equipment.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 17 - NAVIGATION AND BOATING › Part 2 - BOATING OPERATION AND SAFETY › Section 18.17.2.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
"Certificate of number"
means the registration certificate
				required to operate a motorboat on the waters of New Mexico.
B.
"Combination lights"
means
				lights required on vessels operating on the waters of New Mexico in the hours
				of darkness, green on the starboard (right) side and red on the port (left)
				side and shall throw the lights from dead ahead to two points abaft of the beam
				on their respective sides.
C.
"Department"
means the energy, minerals and natural resources
				department.
D.
"Director"
means the director of the energy, minerals and natural
				resources department, state parks division.
E.
"Division"
means the energy,
				minerals and natural resources department, state parks division.
F.
"Person"
means an individual,
				partnership, firm, corporation, association, joint venture or other
				entity.
G.
"Personal
				flotation device"
means a U.S. coast guard approved personal floatation
				device used in accordance with its U.S. coast guard approved label.
H.
"Personal watercraft"
means a
				class A motorboat less than 16 feet, designed to be operated by a person
				sitting, standing or kneeling on the vessel rather than the operator sitting or
				standing inside the vessel. Examples include jet skis, sea doos, wave runners
				and similar devices.
I.
				"
Power driven vessel
" means any vessel propelled by machinery at
				the time of operation.
J.
"Registration"
means the process by which motorboats owned by
				persons domiciled in New Mexico and motorboats not registered in another state
				nor by the United States, which are operated on the waters of this state are
				numbered as evidenced by a certificate of number issued by the New Mexico
				taxation and revenue department under a joint powers agreement with the
				department.
K.
"Right of
				way"
means the right of a vessel, which is proceeding on an established
				forward course at a relatively constant speed to continue such course unchanged
				without reducing speed, turning, veering or reversing.
L.
"Secretary"
means the
				secretary of the energy, minerals and natural resources department.
M.
"Superintendent"
means a
				division employee who is in charge of a specific park.
N.
"Vessel"
means every
				description of watercraft, other than a seaplane on the water, used or capable
				of being used as a means of transportation on water.
O.
"Wake"
means white water
				created from wave action breaking off the vessel's bow or sides.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 17 - NAVIGATION AND BOATING › Part 2 - BOATING OPERATION AND SAFETY › Section 18.17.2.8 - REGISTRATION

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Certificate of number:
In accordance with the Boat Act, boats
				operating on waters of the state shall be numbered and the certificate of
				number shall be available for inspection at all times when the motorboat is in
				operation. Every certificate of number except those issued to dealers and
				manufacturers expires on December 31 of the third calendar year of
				registration. Registration shall be renewed triennially. Refunds shall not be
				made for any unused period of a certificate of number due to non-use of a
				vessel or change in ownership. No person shall transfer or authorize the
				transfer of a registration validation decal from one vessel to
				another.
B.
Registration
				number:
A motorboat's registration number shall be painted on or
				permanently affixed to each side of the motorboat's forward half, and no other
				number shall be displayed on that part of the motorboat. Numbers shall: read
				from left to right; be in plain vertical block characters; be of a color
				contrasting with the background; be distinctly visible and legible; be not less
				than three inches in height; and have spaces or hyphens that are equal to the
				width of a letter between the letter and number groupings. Example: NM 0000 AA
				or NM--0000--AA. The validation sticker shall be affixed within six inches to
				the right of the registration number on the port side of the vessel.
C.
Dealer registrations:
A
				dealer's certificate of number shall be on board each vessel being
				demonstrated. Dealer numbers shall be displayed and mounted temporarily on such
				vessels. The dealer number shall not be affixed permanently on a vessel. An
				individual dealer shall not demonstrate more than three vessels at any one
				time.
D.
Registration
				fees:
CLASS
MOTORBOAT LENGTH
THREE YEAR COST
A
Less than 16 ft.
$28.50
1
16 ft. to less than 26 ft.
$36.00
2
26 ft. to less than 40 ft.
$43.50
3
40 ft. to less than 65 ft.
$51.00
65 ft. or over
$66.00
Duplicate Registration
$ 5.00
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 17 - NAVIGATION AND BOATING › Part 2 - BOATING OPERATION AND SAFETY › Section 18.17.2.9 - EQUIPMENT REQUIRED TO OPERATE A VESSEL

Current through Register Vol. 35, No. 13, July 16, 2024
No person shall operate or give permission to operate a
				  vessel on the waters of this state that is not equipped as required by
				  18.17.2.9 NMAC and the Boat
				  Act.
A.
Flotation
				devices:
(1) Vessels shall carry a U.S.
				coast guard approved wearable personal flotation device of proper size and fit
				for each person on board or being pulled as a skier, plus one U.S. coast guard
				approved throwable device. A throwable device is not required for personal
				watercraft, kayaks, canoes, paddle boards, wind sail boards, inner tubes, air
				mattresses, float tubes, rubber rafts or other inflatable watercraft. Personal
				flotation devices and throwable devices shall be in serviceable condition
				readily accessible for use and shall bear evidence of U.S. coast guard
				approval. Personal flotation devices and throwable devices shall be carried and
				used in accordance with any requirements on the approval label.
(2) Skiers and those being pulled on a
				floating object shall wear a U.S. coast guard approved wearable personal
				flotation device while being pulled by a vessel.
(3) Vessels that carry passengers for hire
				shall provide a U.S. coast guard approved wearable personal flotation device
				for each person on board. Vessels shall carry an additional number of approved
				wearable personal flotation devices of children size equal to at least 10
				percent of the total number of persons carried unless the service is such that
				children are never carried.
(4)
				Persons engaged in boating on a river or in boat races or persons using ice
				sailboats, personal watercraft, kayaks, canoes, paddle boards and rubber rafts
				on any waters of this state shall wear a U.S. coast guard approved wearable
				personal flotation device.
(5)
				Persons using wind sail boards, inner tubes, air mattresses, float tubes or
				other inflatable devices not covered in Paragraph (4) of Subsection A of
				18.17.2.9 NMAC on waters of this
				state shall wear a U.S. coast guard approved wearable personal flotation device
				of the proper size and fit and in accordance with any requirements on the
				approved label.
(6) The operator of
				a vessel used for recreational purposes shall require children age 12 or under
				who are 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.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 17 - NAVIGATION AND BOATING › Part 2 - BOATING OPERATION AND SAFETY › Section 18.17.2.10 - BOAT RENTALS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Records: The owner of a boat rental facility shall keep a record of the name
				and address of persons borrowing or hiring a vessel, the identification number
				thereof, the departure date and time and the expected date and time of return.
				The owner of a boat rental facility shall preserve the record for at least six
				months.
B. Equipment: Neither the
				owner of a boat rental facility nor an agent or employee thereof shall permit a
				motorboat or a borrowed or hired vessel to depart from the facility unless it
				is provided with the equipment required by 18.17.2.9 NMAC and the Boat
				Act.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 17 - NAVIGATION AND BOATING › Part 2 - BOATING OPERATION AND SAFETY › Section 18.17.2.11 - PROHIBITED OPERATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
The operator of a vessel operating on the waters of this
				  state shall not engage the vessel in prohibited activities nor allow passengers
				  to engage in activities prohibited by 18.17.2 NMAC or the Boat Act.
A.
Riding the foredeck and gunwales of
				vessels:
(1) Except when casting off,
				mooring or when otherwise necessary such as for water rescue, picking up a
				swimmer or retrieving articles blown overboard, when a vessel is underway no
				vessel operator shall allow a person to ride or sit on the bow, gunwales,
				transom, seats on raised decks or any other place not intended for the carrying
				of passengers, unless the vessel is equipped with adequate guard rails designed
				to prevent a person from slipping under or rolling over the rail.
(2) Except when casting off, mooring or when
				otherwise necessary such as for water rescue, picking up a swimmer or
				retrieving articles blown overboard, when a vessel is underway no person shall
				ride or sit on the bow, gunwales, transom, seats on raised decks or any other
				place not intended for the carrying of passengers, unless the vessel is
				equipped with adequate guard rails designed to prevent a person from slipping
				under or rolling over the rail.
(3)
				Persons shall not sit on a seat back while the vessel is underway or allow
				their legs to hang overboard at any time.
(4) Persons shall not ride outside the
				railing of a pontoon boat when underway.
(5) Persons shall not ride on the elevated
				fishing seats of the vessel while the vessel is underway.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 17 - NAVIGATION AND BOATING › Part 2 - BOATING OPERATION AND SAFETY › Section 18.17.2.12 - BOATING ACCIDENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				operator or legal representative of a vessel involved in a collision, accident
				or other casualty on a water of this state shall:
(1) report the collision, accident or other
				casualty immediately to the local law enforcement agency; and
(2) file a boating accident report within 48
				hours with the division if the collision, accident or other casualty resulted
				in a death, injury requiring more than standard first aid or property damage in
				excess of $100; forms are available at offices of state parks with lakes;
				reports shall be sent to and forms are also available at: State Parks Division;
				1220 South Saint Francis Drive, Santa Fe, New Mexico 87505; (505)
				476-3355.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 17 - NAVIGATION AND BOATING › Part 2 - BOATING OPERATION AND SAFETY › Section 18.17.2.13 - WATER SKIING

Current through Register Vol. 35, No. 13, July 16, 2024
Water skiing is permitted on the waters of this state;
				  however, in the interest of public safety, the director or his designee may
				  designate certain areas as closed to such activity and prohibit entry into
				  these areas for water skiing.
A.
Prohibited skiing activities:
(1)
				Water skiing is prohibited within 150 feet of a public dock (other than a ski
				dock), mooring line, launching ramp, boat, fisherman, swimmer or a person not
				also engaged in water skiing.
(2)
				No person shall intentionally obstruct or interfere with water skiers engaged
				in waterskiing.
(3) The use of
				personal watercraft such as jet skis, sea-doos, wave runners and similar
				devices to tow water skiers, surfboards, tubes or similar devices is prohibited
				except as provided in Paragraph (2) of Subsection B of
				18.17.2.13
				NMAC.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 17 - NAVIGATION AND BOATING › Part 2 - BOATING OPERATION AND SAFETY › Section 18.17.2.14 - SPECIAL REGULATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Weather:
(1) If at any time the
				superintendent determines that the weather or the condition of a lake is
				dangerous for boats, the superintendent may prohibit the launching or use of
				boats for an indefinite period of time upon the posting of appropriate
				notice.
(2) Boaters shall observe
				small craft weather warnings and seek shelter ashore when flags or lights have
				been activated to indicate adverse weather conditions.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 17 - NAVIGATION AND BOATING › Part 2 - BOATING OPERATION AND SAFETY › Section 18.17.2.15 - TRAFFIC CONTROL

Current through Register Vol. 35, No. 13, July 16, 2024
When a person operating a vessel meets, overtakes or crosses
				  another vessel's course, the operator shall take the appropriate action.
A.
Meeting:
When two vessels
				approach each other head-on or nearly so, each vessel shall steer to the
				starboard (right) so as to pass port (left) side to port side.
B.
Passing on parallel courses:
When the courses of two vessels approaching one another are so far on the
				starboard side of each other as not to be meeting head-on, the vessels shall
				pass on the starboard side of each other.
C.
Overtaking:
When one vessel
				is overtaking another, the vessel overtaking shall keep clear of the vessel
				being overtaken.
D.
Crossing:
When the courses of two vessels are such that their
				courses, if continued unchanged, will cross, the vessel approaching from the
				left shall give way by altering course, slowing down, stopping or
				reversing.
E.
Power driven
				vessels:
A power driven vessel shall yield the right-of-way to a
				non-power-driven vessel except when the non-power-driven vessel is passing the
				power-driven vessel from behind the power-driven vessel shall maintain
				course.
F.
Vessel
				departure/arrival:
A vessel leaving a pier or dock has the right-of-way
				over a vessel approaching a dock.
G.
Distance:
Vessels shall keep
				150 feet away from swimmers, water skiers, fishermen, diver flags and others
				not participating in the same activity.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 17 - NAVIGATION AND BOATING › Part 2 - BOATING OPERATION AND SAFETY › Section 18.17.2.16 - RESTRICTED OPERATION ON STATE WATERS

Current through Register Vol. 35, No. 13, July 16, 2024
Limits to the size, type and operation of vessels on waters
				  within the state are provided below. Officials of the division and other state
				  and federal agencies authorized by the director or by law and who are on
				  official duty are exempt from
				  18.17.2.16 NMAC while operating in
				  an emergency condition.
A.
Bottomless lakes:
Only paddle craft, vessels under oar and float
				tubes are permitted.
B.
Clayton lake:
Motorized boating activity is limited to no-wake
				operation only.
C.
Cochiti
				lake:
Motorized boating activity is limited to no-wake operation
				only.
D.
Fenton lake:
Only paddle craft, vessels under oar and float tubes are permitted.
E.
Heron lake:
Motorized boating
				activity is limited to no-wake operation only.
F.
Morphy lake:
Only vessels
				with electric motors, paddle craft, vessels under oar and float tubes are
				permitted.
G.
San Juan
				river:
Motorized vessels are prohibited on the San Juan river, within
				Navajo Lake state park. The use of non-motorized vessels on the San Juan river
				within Navajo Lake state park is authorized from the Texas hole day use area
				downstream and is limited to the purpose of fishing unless otherwise authorized
				by the director.
H.
Santa
				Cruz:
Motorized boating activity is limited to no-wake operation
				only.
I.
Sugarite
				canyon:
Only vessels with electric motors, paddle craft, vessels under
				oar and float tubes are permitted on lake Maloya. Only float tubes are
				permitted on lake Alice.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 17 - NAVIGATION AND BOATING › Part 2 - BOATING OPERATION AND SAFETY › Section 18.17.2.17 - VESSEL INSPECTIONS

Current through Register Vol. 35, No. 13, July 16, 2024
Division law enforcement officials may randomly inspect
				  vessels operating on the waters of this state to verify registration, titling
				  and that the proper safety equipment is on board.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 17 - NAVIGATION AND BOATING › Part 2 - BOATING OPERATION AND SAFETY › Section 18.17.2.18 - TERMINATION OF VOYAGE

Current through Register Vol. 35, No. 13, July 16, 2024
Division law enforcement officers, sheriffs in their
				  respective county and members of the state police may terminate the voyage of a
				  vessel when they determine the continued use of the vessel will create
				  hazardous conditions that constitute a danger to the health and safety of the
				  occupants of the vessel or others. The officer may direct the operator of the
				  vessel to return to mooring, remove the vessel from the water or prohibit
				  launching of the vessel until the unsafe conditions end or are corrected.
				  Reasons for termination of voyage include
A. operating a vessel contrary to the
				provisions of
				18.17.2.9 NMAC;
B. operating a vessel contrary to the
				provisions of
				18.17.2.11 NMAC or otherwise
				operating a vessel in a reckless or negligent manner;
C. operating a vessel in hazardous weather as
				to create an undue risk to the life of the occupants of the vessel;
				or
D. any other conditions a
				reasonable person would deem create a danger to the occupants of the vessel or
				others and only the immediate termination of the voyage would prevent serious
				injury or death.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 17 - NAVIGATION AND BOATING › Part 3 - CONSTRUCTION VISITOR PROVISIONS › Section 18.17.3.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
18.17.3 NMAC applies to the construction and maintenance of
				  private, non-commercial boat docks ("private boat docks") on lakes that are
				  subject to the division's authority. 18.17.3 NMAC does not address the
				  construction or maintenance of commercial boat docks or marinas, which are
				  addressed in 19.5.5 NMAC.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 17 - NAVIGATION AND BOATING › Part 3 - CONSTRUCTION VISITOR PROVISIONS › Section 18.17.3.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
18.17.3 NMAC is established under the authority of NMSA 1978,
				  Section
				  16-2-7, or
				  under such other authority or agreements that grant the division authority over
				  such private boat docks (for purposes of 18.17.3 NMAC all such lakes being
				  described as "lakes subject to the authority of the division").
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 17 - NAVIGATION AND BOATING › Part 3 - CONSTRUCTION VISITOR PROVISIONS › Section 18.17.3.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
18.17.3 NMAC's objective is to provide construction and
				  maintenance standards for private boat docks on lakes that are subject to the
				  division's authority.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 17 - NAVIGATION AND BOATING › Part 3 - CONSTRUCTION VISITOR PROVISIONS › Section 18.17.3.8 - GENERAL PROVISIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Boat
				docks approved under 18.17.3 NMAC shall be for personal, family or community
				uses only and shall not be used for commercial activity.
B. The division operates a number of state
				parks under agreements with other entities. Those agreements and applicable
				federal, state and local statutes, regulations, rules and ordinances may
				contain provisions that supersede 18.17.3 NMAC. In addition, conditions at a
				particular lake, or the ownership of land on which a state park operates or
				around a lake, may restrict the construction or use of boat docks at a
				particular lake. Provisions applicable to individual state parks are set forth
				in 18.17.3.21 NMAC.
C. The
				provisions of the New Mexico Boat Act, NMSA 1978, Sections
				66-12-1
				through
				66-12-23,
				and statutory provisions applicable to the acquisition and management of state
				parks, including NMSA 1978, Section
				16-2-11,
				shall guide interpretation of 18.17.3 NMAC.
D. In reviewing project plans for a boat
				dock, the division may consider, without limitation: applicable federal, state
				and local statutes, regulations, rules and ordinances; agreements with other
				public agencies and private parties, including concessionaires; the purposes
				for which the lake and the state park were created; the management plan for the
				state park; the health, safety and welfare of other users and activities at the
				lake and state park, including the impact on boating, fishing and other
				recreation activities; and, conditions at a given location.
E. Community boat docks approved under
				18.17.3 NMAC shall be permitted subject to payment of the following fees.
(1) Application fee - all applications for
				boat docks made under 18.17.3 NMAC shall be accompanied by a non-refundable
				application fee of $1,000. In the event an application is rejected or
				withdrawn, the subsequent application fee for the same boat dock, location and
				owner is $200.
(2) Annual fees -
				permittees for community boat docks approved under 18.17.3 NMAC shall submit to
				the division annual rental fees equal to $2.50 per each square foot of boat
				dock, but no less than $750 per year. Annual rental fees are due to the
				division prior to December 1 for the current and subsequent year if it is for a
				new permit, or by December 1 for the subsequent year if it is for an
				established permit.
(3) Annual fees
				for the first year shall be prorated to reflect the actual amount of time the
				boat dock is present prior to December 1.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 17 - NAVIGATION AND BOATING › Part 3 - CONSTRUCTION VISITOR PROVISIONS › Section 18.17.3.9 - APPROVED PLANS AND CERTIFICATION OF COMPLETION

Current through Register Vol. 35, No. 13, July 16, 2024
A. Persons seeking to construct a boat dock
				shall submit to the division: two complete sets of project plans for the boat
				dock, including the anchoring system, and any catwalks or bridges that will
				attach to the boat dock; the surety bond required by 18.17.3.11 NMAC; and the
				permit or approval from other entities with authority over the lake or body of
				water.
(1) When a boat dock will use existing
				facilities as part of the new proposed boat dock, the project plans shall
				include a complete description of the existing facilities, and those facilities
				shall comply with the specifications set forth in 18.17.3 NMAC.
(2) The plans must be signed and sealed by a
				registered professional engineer, and contain a statement that the proposed
				boat dock complies with the specifications set forth in 18.17.3 NMAC.
(3) Each plan set also shall include a copy
				of the manufacturer's certified plans for any components that will be a part of
				a boat dock, such as floats, decking, railing or awning systems.
(4) Both engineered plans and manufacturer's
				certified plans shall be based upon the actual conditions at the site of the
				proposed boat dock.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 17 - NAVIGATION AND BOATING › Part 3 - CONSTRUCTION VISITOR PROVISIONS › Section 18.17.3.10 - COMPLIANCE WITH OTHER STATUTES

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				All boat docks shall be constructed in compliance with the provisions of the
				New Mexico Cultural Properties Act, NMSA 1978, Sections
				18-6-1
				through
				18-6-17,
				and the Cultural Properties Protection Act, NMSA 1978, Sections
				18-6A-1 to
				18-6A-6.
B. If federal land will be impacted in the
				construction or maintenance of a dock, federal law, including the following
				acts, shall be complied with: the Archaeological Resources Protection Act of
				1979, 16 U.S.C. Section 470aa-11; the Native American Grave Protection and
				Repatriation Act of 1990,
				25
				U.S.C. Section 3001; and the National
				Historic Preservation Act of 1966,
				16
				U.S.C. Section 469 l.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 17 - NAVIGATION AND BOATING › Part 3 - CONSTRUCTION VISITOR PROVISIONS › Section 18.17.3.11 - LIABILITY AND SURETY BOND

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Boat dock owners are fully responsibility for all damage, direct and indirect,
				of whatever nature, and by whomever suffered, arising out of a project
				described in 18.17.3 NMAC and agree to release, hold harmless and indemnify the
				state from any and all liability, claims or demands of any nature whatsoever,
				including the cost of defending against those claims or demands, arising out of
				or in any manner related to the ownership, construction, operation, maintenance
				or use of a boat dock.
B. Boat dock
				owners shall provide evidence of a surety bond in favor of the permitting
				entity and the state of New Mexico and its agencies including the division
				issued by a corporate surety company qualified and authorized to do business in
				New Mexico, to cover the cost of salvage and removal by the division or
				permitting entity of any boat dock that has come loose from its anchors or has
				become a hazard to navigation or to the use of state park lakes by virtue of
				its condition; or, was constructed in a manner that violates 18.17.3 NMAC or
				other applicable statutes or regulations or rules. The surety bond shall be in
				an amount not less than $5000, but a larger amount may be required based on the
				size and configuration of the proposed boat dock or conditions at the lake
				where the boat dock will be located. Boat dock owners shall provide evidence
				annually to the division's boating safety and law enforcement bureau chief that
				the surety bond is in effect.
C. In
				addition to the surety bond required above, where a lake on which a boat dock
				will be constructed is owned or subject to the authority of an entity other
				than the division, persons applying for a permit to construct a boat dock may
				be required to secure an additional surety bond and insurance coverage in
				amounts satisfactory to, and for the purposes of, that entity.
D. A boat dock owner's failure to keep in
				effect the required surety bond and any required general liability coverage is
				grounds for the permitting entity to revoke the boat dock permit and to require
				the boat dock owner to remove the boat dock at their expense.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 17 - NAVIGATION AND BOATING › Part 3 - CONSTRUCTION VISITOR PROVISIONS › Section 18.17.3.12 - BOAT DOCK SIZE AND CONFIGURATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. Except as otherwise provided by 18.17.3
				NMAC, boat docks shall not exceed 38 feet in length and 30 feet in width.
				Catwalks shall not be more than 32 feet in length. An entire boat dock,
				including catwalks and bridges, shall not project into a lake more than 70 feet
				from the shoreline at any time, regardless of lake elevation.
B. Boat docks located in coves or other
				narrow channels may not have a length greater than one-third of the distance to
				the opposite shoreline, or extend to within 25 feet of the center of the cove,
				whichever is more limiting, regardless of lake elevation.
C. Except as otherwise provided by
				requirements in 18.17.3 NMAC for community boat docks, boat docks shall be
				constructed only in the following configurations: straight pier, T, L, F or
				U-shaped.
D. Persons seeking
				approval for a community boat dock may propose alternate configurations, such
				as an E shape, where the use of such configurations would be appropriate. In
				evaluating whether to approve the use of an alternate configuration for a
				community boat dock, the permitting entity may consider the factors described
				below for limiting the length or configuration of a boat dock, catwalk or boat
				dock.
E. Every boat dock shall have
				a minimum 50-foot setback from any other boat dock.
F. Notwithstanding the foregoing, based upon
				conditions at a given location the division or permitting entity may require
				length of a boat dock, catwalk and an entire boat dock to be shorter than the
				lengths set forth above, or may require greater setbacks from other boat docks.
				In addition, the division or permitting entity may limit the acceptable
				configurations of a boat dock. Conditions that the division or permitting
				entity may consider when determining whether to limit lengths or acceptable
				configurations or in requiring greater setbacks include, without limitation,
				the width or depth of a lake, channel or waterway at the location of the
				proposed boat dock; existing or proposed boat docks and boat docks in the
				vicinity of that location; and use of the surrounding area by others such as
				boaters, fishermen and water recreationists.
G. Boat docks may not be configured or placed
				in a manner that will restrict public access to a lake where such access is
				otherwise permitted by law.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 17 - NAVIGATION AND BOATING › Part 3 - CONSTRUCTION VISITOR PROVISIONS › Section 18.17.3.13 - GENERAL CONSTRUCTION GUIDELINES; MAINTENANCE

Current through Register Vol. 35, No. 13, July 16, 2024
A. Sanitation devices, electric power sources
				or permanent storage facilities are not allowed on docks, or adjacent to
				floating facilities, whether permanent or temporary in nature.
B. No habitable structures are permitted on
				boat docks.
C. Boat docks shall be
				constructed with environmentally safe materials. The use of wood treated with
				creosote or penta is prohibited.
D.
				All steel used in boat docks shall be hot-dip galvanized. All holes, cuts or
				welds on steel members shall be made prior to hot-dip galvanizing. Connectors
				shall be hot-dip galvanized steel or stainless steel.
E. Boat docks shall not have enclosed or
				partially enclosed structures or any type of attached siding above the surface
				of the decking.
F. American society
				of civil engineers (ASCE) manuals and reports on engineering practice number 50
"planning and design guidelines for small craft harbors"
(as
				amended or modified), ISBN #0-7844-0033 -4, which is available for purchase
				from the ASCE bookstore at
www.ASCE.org,
is
				a recognized standard for the design of boat docks, and may be relied upon in
				designing boat docks and when seeking approval for a boat dock under 18.17.3
				NMAC. However, the requirements set forth in 18.17.3 NMAC take precedence over
				the standards set forth in ASCE Number 50.
G. Maintenance, repairs, modifications or
				alterations to an existing boat dock shall conform to the requirements set
				forth in 18.17.3 NMAC.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 17 - NAVIGATION AND BOATING › Part 3 - CONSTRUCTION VISITOR PROVISIONS › Section 18.17.3.14 - FLOTATION REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Flotation material shall be extruded polystyrene, expanded polystyrene or a
				copolymer of polyethylene and polystyrene and shall have a minimum density of
				0.9 pounds per cubic foot, and be of consistent quality throughout the float.
				Beads shall be firmly fused together, and there shall be no voids inside the
				encasement. Flotation material shall have a water rate absorption of less than
				3.0 pounds per cubic foot over seven days when tested by the Hunt absorption
				test. Other flotation material may be considered if it meets all of the
				requirements set forth in this section.
B. Flotation material shall be encased in
				solid polyethylene or a polyurethane type coating, both of which shall be
				watertight and have a nominal thickness of .125 inches.
C. Drums made of plastic, whether new or
				recycled, or metal shall not be used for encasements or floats.
D. All floats shall be warranted for a
				minimum of eight years against sinking, becoming waterlogged, cracking,
				peeling, fragmenting, or losing beads, and shall not be prone to damage by
				animals.
E. Floats that are
				punctured, exposing the foam to erosion or deterioration, shall be replaced
				immediately.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 17 - NAVIGATION AND BOATING › Part 3 - CONSTRUCTION VISITOR PROVISIONS › Section 18.17.3.15 - LOADING REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Flotation devices for docks, catwalks and bridges shall be designed to support
				the dead load plus 30-pounds PSF live load applied to deck area.
B. Boat dock and dock structural frame shall
				be designed to support 50 pounds PSF live load applied to the full surface area
				of the deck.
C. Roofs on boat docks
				shall have a minimum flotation live load of 12 pounds PSF and a structural live
				load of 15 pounds PSF.
D. Catwalks
				and bridges shall be designed to support a live load of 50 pounds
				PSF.
E. Catwalk and bridge
				handrails shall be designed to withstand a 200-pound load applied in any
				direction and at any point along the handrail.
F. Catwalks and bridges shall have a maximum
				slope under dead load of a 4:1 ratio in any direction.
G. Boat docks shall be able to withstand a
				minimum of two-foot high wave action. Based upon conditions at a specific site,
				the division may require a dock to withstand a larger wave loading.
H. Boat docks, anchoring systems and
				connectors, including cables and chains, shall be designed to resist wind loads
				of up to 77 miles per hour (15 pounds PSF) in any direction.
I. Cables and chains used in anchoring
				systems shall be designed with a minimum working load safety factor of 3.0 for
				cables and 2.0 for chains.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 17 - NAVIGATION AND BOATING › Part 3 - CONSTRUCTION VISITOR PROVISIONS › Section 18.17.3.16 - ANCHORING SYSTEMS

Current through Register Vol. 35, No. 13, July 16, 2024
The anchoring systems for boat docks shall be designed and
				  constructed in accordance with sound engineering practice and the actual soil
				  properties encountered at the location of a proposed boat dock and shall meet
				  the standards set forth in
				  18.17.3.12
				  NMAC through
				  18.17.3.15
				  NMAC.