2018 New Mexico Statutes
Chapter 66 - Motor Vehicles
Article 7 - Traffic Laws; Signs, Signals and Markings; Accidents; Weight and Size; Traffic Safety
Section 66-7-355 - Riding on motorcycles.
A. A person operating a motorcycle, other than an autocycle, shall ride only upon the permanent and regular seat attached thereto, shall have the person's feet upon the footrests provided on the machine and shall not carry any other person nor shall any other person ride on the motorcycle unless it is designed to carry more than one person. If a motorcycle, other than an autocycle, is designed to carry more than one person, the passenger may ride upon the permanent and regular seat if designed for two persons or upon another seat firmly attached to the rear or side of the motorcycle. The passenger shall have the passenger's feet upon the footrests attached for passenger use.
B. A person operating a motorcycle not having a fixed windshield of a type approved by regulation of the secretary shall wear an eye protective device, which may be a faceshield attached to a safety helmet, goggles or safety eyeglasses. All eye protective devices shall be of a type approved by regulations promulgated by the secretary.
C. A person who violates the provisions of this section is guilty of a penalty assessment misdemeanor.
History: 1953 Comp., § 64-7-355, enacted by Laws 1978, ch. 35, § 459; 1981, ch. 361, § 25; 1991, ch. 160, § 17; 2015, ch. 53, § 4; 2018, ch. 74, § 48.
Cross references. — For the definitions of "motorcycles," see 66-1-4.11 NMSA 1978.
For required motorcycle equipment, see 66-3-840 and 66-3-842 NMSA 1978.
For off-highway motorcycles, see 66-3-1001 to 66-3-1015 NMSA 1978.
The 2018 amendment, effective July 1, 2018, provided a penalty for a violation of the provisions of this section, and made technical changes; and added Subsection C.
The 2015 amendment, effective June 19, 2015, exempted autocycles from certain motorcycle operating requirements; in Subsection A, in the first sentence, after "motorcycle", added "other than an autocycle", and after "shall have", deleted "his" and added "the person's"; in the second sentence, after "motorcycle", added "other than an autocycle"; and in the last sentence, after "shall have", deleted "his" and added "the passenger's"; and in Subsection B, after "promulgated by the", deleted "director" and added "secretary".
The 1991 amendment, effective July 1, 1991, deleted "the operator" preceding "shall not carry" in the first sentence in Subsection A; in Subsection B, substituted "secretary" for "director" in the first sentence and deleted "or windshields" following "protective devices" in the second sentence; and made minor stylistic changes.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 7A Am. Jur. 2d Automobiles and Highway Traffic §§ 209, 210.
"Motor vehicle" within guest statute, 98 A.L.R.2d 543.