2019 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 66-3-1011 - Operation on streets or highways; prohibited areas.
A. A person shall not operate an off-highway motor vehicle on any:
(1) limited access highway or freeway at any time; or
(2) paved street or highway except as provided in Subsection B, C, D or E of this section.
B. Off-highway motor vehicles may cross streets or highways, except limited access highways or freeways, if the crossings are made after coming to a complete stop prior to entering the roadway. Off-highway motor vehicles shall yield the right of way to oncoming traffic and shall begin a crossing only when it can be executed safely and then cross in the most direct manner as close to a perpendicular angle as possible.
C. If authorized by ordinance or resolution of a local authority or the state transportation commission, a recreational off-highway vehicle or an all-terrain vehicle may be operated on a paved street or highway owned and controlled by the authorizing entity if:
(1) the vehicle has one or more headlights and one or more taillights that comply with the Off-Highway Motor Vehicle Act;
(2) the vehicle has brakes, mirrors and mufflers;
(3) the operator has valid driver's licenses or permits as required under the Motor Vehicle Code and off-highway motor vehicle safety permits as required under the Off-Highway Motor Vehicle Act;
(4) the operator is insured in compliance with the provisions of the Mandatory Financial Responsibility Act [66-5-201 to 66-5-239 NMSA 1978];
(5) the operator of the vehicle is using eye protection that complies with the Off-Highway Motor Vehicle Act; and
(6) if the operator is under eighteen years of age, the operator is wearing a safety helmet that complies with the Off-Highway Motor Vehicle Act.
D. Except for sections of the Motor Vehicle Code that are in conflict with the licensing and equipment requirements of the Off-Highway Motor Vehicle Act, any operator using an off-highway motor vehicle on a paved street or highway shall be subject to the requirements and penalties for operators of moving and parked vehicles under the Motor Vehicle Code.
E. By ordinance or resolution, a local authority or state transportation commission may establish separate speed limits and operating restrictions for off-highway vehicles where they are authorized to operate on paved streets or highways pursuant to Subsection C of this section.
F. A person shall not operate an off-highway motor vehicle on state game commission-owned, -controlled or -administered land except as specifically allowed pursuant to Chapter 17, Article 6 NMSA 1978.
G. A person shall not operate an off-highway motor vehicle on land owned, controlled or administered by the state parks division of the energy, minerals and natural resources department, pursuant to Chapter 16, Article 2 NMSA 1978, except in areas designated by and permitted by rules adopted by the secretary of energy, minerals and natural resources.
H. Unless authorized, a person shall not:
(1) remove, deface or destroy any official sign installed by a state, federal, local or private land management agency; or
(2) install any off-highway motor vehicle-related sign.
History: 1953 Comp., § 64-42-11, enacted by Laws 1975, ch. 240, § 11; recompiled as 1953 Comp., § 64-3-1011, by Laws 1978, ch. 35, § 207; 1985, ch. 189, § 11; 2005, ch. 325, § 14; 2009, ch. 53, § 7; 2016, ch. 91, § 1; 2017, ch. 70, § 4.
ANNOTATIONSCross references. — For controlled access highways generally, see 67-11-1 NMSA 1978 et seq.
The 2017 amendment, effective July 1, 2017, removed the requirement that a helmet be used by adults driving or riding off-highway vehicles on paved roads, limited the requirement to operators under eighteen years of age, and provided that any operator using an off-highway motor vehicle on a paved street or highway shall be subject to the requirements and penalties of the Motor Vehicle Code; in Subsection A, Paragraph A(2), after "B, C", deleted "or", and after "D", added "or E"; in Subsection C, Paragraph C(3), after "operator has", deleted "a", after "valid driver's", deleted "license, instruction permit or provisional license and an off-highway motor vehicle safety permit" and added "licenses or permits as required under the Motor Vehicle Code and off-highway motor vehicle safety permits as required under the Off-Highway Motor Vehicle Act", in Paragraph C(5), after "vehicle is", deleted "wearing" and added "using", and after "protection", deleted "and" and added "that complies with the Off-Highway Motor Vehicle Act; and", added paragraph designation "(6)", and in Paragraph C(6), added "if the operator is under eighteen years of age, the operator is wearing", and after "that", deleted "comply" and added "complies"; and added a new Subsection D and redesignated the succeeding subsections accordingly.
The 2016 amendment, effective May 18, 2016, allowed recreational off-highway and all-terrain vehicles to be driven on streets, roads and highways if authorized by local ordinance or resolution, and allowed local authorities or the state transportation commission to establish separate speed limits and operating restrictions for off-highway vehicles; in Subsection A, Paragraph (2), deleted "any", and after "Subsection B", added "C or D"; and added new Subsections C and D, and redesignated the succeeding subsections accordingly.
The 2009 amendment, effective April 1, 2009, added Subsection E.
The 2005 amendment, effective January 1, 2006, added Subsection A(2) to provide that a person shall not operate an off-highway motor vehicle on a paves street or highway except as provided in Subsection B; provided in Subsection B that an off-highway motor vehicle may not cross a limited access highway or freeway; added Subsection C to provide that a person shall not operate an off-highway motor vehicle on state game commission land except as allowed in Chapter 17, Article 6 NMSA 1978; and added Subsection D to provide that a person shall not operate an off-highway motor vehicle on state park land except on designated and permitted areas.
