2006 New Mexico Statutes - 66-3-1010.3 — Operation and equipment; safety requirements.

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 excess of ten miles per hour within two hundred feet of a business, animal shelter, horseback rider, bicyclist, pedestrian or occupied dwelling, unless the person operates the vehicle on a closed course or track;

(5)     unless in possession of the person's registration certificate or nonresident permit;

(6)     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;

(7)     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; or

(8)     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.

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 board;

(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 is an age-appropriate size-fit vehicle established by rule of the board; 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 board.

E.     The requirements of Subsections C and D of this section do not apply to a person who is part of an organized tour under the guidance or direction of a guide certified by the board.

F.     An off-highway motor vehicle may 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.

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