SENATE BILL 312

57th legislature - STATE OF NEW MEXICO - second session, 2026

INTRODUCED BY

Antoinette Sedillo Lopez

AN ACT

RELATING TO MOTOR VEHICLES; ELIMINATING A PROVISION OF LAW THAT FAILURE TO WEAR A SAFETY HELMET SHALL NOT CONSTITUTE CONTRIBUTORY NEGLIGENCE; REPEALING SECTIONS 32A-24-5 AND 66-3-1010.4 NMSA 1978 (BEING LAWS 2007, CHAPTER 66, SECTION 5 AND LAWS 2005, CHAPTER 325, SECTION 12) TO ELIMINATE PROVISIONS THAT FAILURE TO USE A SAFETY HELMET SHALL NOT CONSTITUTE FAULT OR NEGLIGENCE AND SHALL NOT LIMIT OR APPORTION DAMAGES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. Section 66-7-356 NMSA 1978 (being Laws 1978, Chapter 35, Section 460, as amended) is amended to read:

     "66-7-356. MANDATORY USE OF PROTECTIVE HELMETS.--

          A. No person under the age of eighteen shall operate a motorcycle unless the person is wearing a safety helmet that is securely fastened on the person's head in a normal manner as headgear and that meets the standards specified by the secretary. The secretary shall adopt rules and regulations establishing standards covering the types of helmets and the specifications therefor and shall establish and maintain a list of approved helmets meeting the standards and specifications of the secretary. No dealer or person who leases or rents motorcycles shall lease or rent a motorcycle to a person under the age of eighteen unless the lessee or renter shows such person a valid driver's license or permit and possesses the safety equipment required of an operator who is under the age of eighteen. No person shall carry any passenger under the age of eighteen on any motorcycle unless the passenger is wearing a securely fastened safety helmet, as specified in this section, meeting the standards specified by the secretary.

          [B. Failure to wear a safety helmet as required in this section shall not constitute contributory negligence.

          C.] B. Autocycles are exempted from the helmet provisions of this section."

     SECTION 2. REPEAL.--Sections 32A-24-5 and 66-3-1010.4 NMSA 1978 (being Laws 2007, Chapter 66, Section 5 and Laws 2005, Chapter 325, Section 12) are repealed.

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