HOUSE BILL 445

50th legislature - STATE OF NEW MEXICO - first session, 2011

INTRODUCED BY

Zachary J. Cook

 

 

 

 

 

AN ACT

RELATING TO MOTOR VEHICLES; AMENDING SECTIONS OF THE OFF-HIGHWAY MOTOR VEHICLE ACT TO PROVIDE FOR OPERATION OF OFF-HIGHWAY MOTOR VEHICLES ON PAVED STREETS OR HIGHWAYS UNDER SPECIFIED CONDITIONS; PROHIBITING COUNTIES OR MUNICIPALITIES FROM IMPOSING FEES FOR OFF-HIGHWAY VEHICLE USE OF PUBLIC LAND; PROVIDING A PENALTY.

 

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

     SECTION 1. Section 66-3-1011 NMSA 1978 (being Laws 1975, Chapter 240, Section 11, as amended) is amended to read:

     "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) [any] paved street or highway, except as provided in Subsection B 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. No off-highway vehicle may be operated on the public streets, roads or highways of this state, except in the following cases:

                (1) when a street, road or highway is designated open by the state or any agency or political subdivision;

                (2) during special off-highway vehicle events lawfully conducted pursuant to the authority granted to local political subdivisions;

                (3) when political subdivisions have authorized, by ordinance or resolution, the establishment of off-highway vehicle routes to permit the operation of off-highway vehicles on streets or roads; or

                (4) when using an off-highway vehicle for agricultural purposes.

          C. Operation of an off-highway vehicle in accordance with this section shall not constitute operation of a motor vehicle on a road, street or highway of this state as described by Chapter 66 NMSA 1978. If a state political subdivision designates roads, streets or highways as open to off-highway vehicle travel, on-road off-highway vehicle operation shall comply with the following regulations:

                (1) the off-highway vehicle shall have liability insurance;

                (2) off-highway vehicle operation on a road, street or highway shall comply with that route's posted signs and designations;

                (3) no off-highway vehicle may be operated on roads, streets or highways after dusk and before dawn unless the vehicle has an illuminated headlight and taillight;

                (4) no one under the age of sixteen shall operate an off-highway vehicle on roads, streets or highways at any time, regardless of vehicle design or manufacture; and

                (5) no one under the age of eighteen shall transport a passenger on any off-highway vehicle on any road, street or highway at any time, unless the person is under the direct supervision of a licensed adult and within direct visual contact of the adult supervisor and the off-highway vehicle is manufactured for a passenger.

          D. Every person operating an off-highway vehicle on a road, street or highway shall be subject to all the duties applicable to the driver of an on-road, licensed and registered vehicle in accordance with all applicable motor vehicle laws and regulations.

          E. No county or municipality shall impose a fee for the use of public land under the jurisdiction of any agency of the state or for the use of or access to land owned by the county or municipality nor shall it require an off-highway vehicle to be licensed or registered in that political subdivision.

          [C.] 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.

          [D.] 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.

          [E.] 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."

     SECTION 2. Section 66-3-1020 NMSA 1978 (being Laws 2005, Chapter 325, Section 22, as amended) is amended to read:

     "66-3-1020. PENALTIES.--

          A. A person who violates the provisions of the Off-Highway Motor Vehicle Act is guilty of a penalty assessment misdemeanor. A parent, guardian or custodian who causes or knowingly permits a child under the age of eighteen years to operate an off-highway motor vehicle in violation of the provisions of the Off-Highway Motor Vehicle Act is in violation of that act and subject to the same penalty as the child operating the off-highway motor vehicle in violation of that act.

          B. As used in the Off-Highway Motor Vehicle Act, "penalty assessment misdemeanor" means violation of any provision of the Off-Highway Motor Vehicle Act for which a violator may be subject to the following:

CLASS 1 VIOLATIONS                  SECTION         PENALTY

                                    VIOLATED        ASSESSMENT

failure to possess a

    registration certificate

    or nonresident permit           66-3-1010.3     $10.00

violations involving

    headlights or taillights        66-3-1010.3      10.00

failure to possess an off-

    highway motor vehicle                                  safety permit                  66-3-1010.3       10.00

selling a vehicle that produces

    noise in excess of ninety-six

    decibels                        66-3-1010.3      10.00

any violation of the Off-Highway

    Motor Vehicle Act not otherwise

    specifically defined elsewhere

    in this section                 66-3-1010.3      10.00

CLASS 2 VIOLATIONS                  SECTION    PENALTY

                                    VIOLATED        ASSESSMENT

failure to complete a required                

    off-highway motor vehicle

    safety training course         66-3-1010.2     $ 50.00

operating a vehicle in excess

    of ten miles per hour within

    two hundred feet of a business,

    animal shelter, horseback

    rider, bicyclist, pedestrian,

    livestock or occupied

    dwelling                        66-3-1010.3      50.00

a person under the age of

    eighteen but at least

    fifteen years of age who

    operates an off-highway

    motor vehicle in violation

    of the supervision requirements

    of the Off-Highway Motor

    Vehicle Act                     66-3-1010.3      50.00

operating an off-highway motor

    vehicle that produces noise

    that exceeds ninety-six

    decibels                      66-3-1010.3      50.00

unauthorized installation,

    removal, destruction or

    defacing of a motor

    vehicle sign                    66-3-1011        50.00

operation on streets or highways    66-3-1011       100.00

CLASS 3 VIOLATIONS                  SECTION        PENALTY

                                    VIOLATED       ASSESSMENT

operating a vehicle that is

    not equipped with an approved

    spark arrester                  66-3-1010.3    $100.00

operating an off-highway

    motor vehicle 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       66-3-1010.3     100.00

operating an off-highway

    motor vehicle in pursuit of

    or harassment of livestock

    in any manner that negatively

    affects the livestock's

    condition                       66-3-1010.3     100.00

operating an off-highway

    motor vehicle on or within

    an earthen tank or other

    structure meant to water

    livestock or wildlife           66-3-1010.3     100.00

operating a motor vehicle

    in a manner that has a

    direct negative effect on

    or interferes with persons

    engaged in agricultural

    practices                       66-3-1010.3     100.00

a person under the age of

    eighteen operating an

    off-highway motor vehicle

    without wearing eye

    protection and a safety

    helmet                          66-3-1010.3     100.00

a person under the age of

    eighteen operating an

    off-highway motor vehicle

    while carrying a passenger      66-3-1010.3     100.00

a person under the age of

    fifteen but at least ten

    years of age who operates

    an off-highway motor vehicle

    in violation of the supervision

    requirements of the Off-Highway           

    Motor Vehicle Act              66-3-1010.3     100.00

a person under the age of

    ten operating an all-terrain

    vehicle or recreational off-highway

    motor vehicle that is not an

    age-appropriate size-fit or

    who operates an off-highway

    motor vehicle in violation

    of the supervision requirements

    of this section                 66-3-1010.3     100.00

CLASS 4 VIOLATIONS                  SECTION        PENALTY

                                    VIOLATED ASSESSMENT operating an off-highway

    motor vehicle in a

    careless, reckless or

    negligent manner so as

    to endanger the person

    or property of another          66-3-1010.3    $200.00

operating an off-highway

    motor vehicle on any road

    or area closed to off-

    highway motor vehicle

    traffic under local, state

    or federal regulations          66-3-1010.3     200.00

operating an off-highway

    motor vehicle on a

    limited-access highway

    or freeway.                     66-3-1011       200.00.

         C. The penalty for second, third and subsequent violations within a three-year time period shall be increased as follows:

             (1) a second violation in a class 1 penalty category involving failure to possess a registration certificate or nonresident permit shall be increased to a class 2 penalty category;

             (2) any class 2 or class 3 violation for a second or greater infraction within a three-year period shall be increased to the next-highest penalty assessment category; and

 

             (3) each subsequent violation in a class 4 penalty category will result in an additional penalty of two hundred dollars ($200).

         D. Multiple violations for the same incident shall be treated as a single event and shall not result in graduated penalties.

         E. The term "penalty assessment misdemeanor" does not include a violation that has caused or contributed to the cause of an accident resulting in injury or death to a person.

         F. When an alleged violator of a penalty assessment misdemeanor elects to accept a notice to appear in lieu of a notice of penalty assessment, a fine imposed upon later conviction shall not exceed the penalty assessment established for the particular penalty assessment misdemeanor, and probation imposed upon a suspended or deferred sentence shall not exceed ninety days."

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