SENATE BILL 457
50th legislature - STATE OF NEW MEXICO - first session, 2011
INTRODUCED BY
Timothy Z. Jennings
AN ACT
RELATING TO MOTOR VEHICLES; ALLOWING CERTAIN EQUIPPED AND REGISTERED OFF-HIGHWAY VEHICLES TO OPERATE ON STREETS AND HIGHWAYS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 66-3-1001 NMSA 1978 (being Laws 1978, Chapter 35, Section 197, as amended) is amended to read:
"66-3-1001. SHORT TITLE.--Sections 66-3-1001 through [66-3-1016] 66-3-1021 NMSA 1978 may be cited as the "Off-Highway Motor Vehicle Act"."
SECTION 2. Section 66-3-1010 NMSA 1978 (being Laws 1978, Chapter 35, Section 206, as amended) is amended to read:
"66-3-1010. LICENSING.--Drivers of off-highway motor vehicles are not required to be licensed, unless the off-highway motor vehicle being driven has been registered as a motor vehicle pursuant to Subsection B of Section 66-3-1011 NMSA 1978."
SECTION 3. Section 66-3-1010.3 NMSA 1978 (being Laws 2005, Chapter 325, Section 11, as amended) is amended to read:
"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 pursuit of or harassment of livestock in any manner that negatively affects the livestock's condition;
(5) on or within an earthen tank or other structure meant to water livestock or wildlife, unless the
off-highway motor vehicle is on a route designated by the landowner or land management agency as an off-highway motor vehicle route;
(6) in a manner that has a direct negative effect on or interferes with persons engaged in agricultural practices;
(7) in excess of ten miles per hour within two hundred feet of a business, animal shelter, horseback rider, bicyclist, pedestrian, livestock or occupied dwelling, except for an off-highway motor vehicle that has been registered as a motor vehicle pursuant to Subsection B of Section 66-3-1011 NMSA 1978, unless the person operates the vehicle on a closed course or track;
(8) unless in possession of the person's registration certificate or nonresident permit;
(9) 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;
(10) 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;
(11) 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; or
(12) where off-highway motor vehicle traffic is prohibited under local, state or federal rules or regulations.
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 department;
(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 or recreational off-highway vehicle is an age-appropriate size-fit vehicle established by rule of the department; 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 department.
E. An off-highway motor vehicle shall 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."
SECTION 4. 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 or C of this section.
B. Except for snowmobiles, when a person pays for an off-highway motor vehicle registration pursuant to the Off-Highway Motor Vehicle Act, the person may request a motor vehicle registration pursuant to Section 66-3-1 NMSA 1978 if the vehicle meets all equipment requirements to be operated on a highway pursuant to Section 66-3-801 NMSA 1978. If a person submits a signed affidavit to the department affirming that the vehicle meets all of the equipment requirements for highway use and that the vehicle will be operated primarily off of highways, the department shall register the vehicle for highway use and the vehicle owner shall not be required to pay the registration fee prescribed in Article 6, Chapter 66 NMSA 1978. This subsection does not apply to vehicles that, as produced by the manufacturer, meet the equipment requirements to be operated on a highway pursuant to Section 66-3-801 NMSA 1978.
[B.] C. 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.] D. 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.] E. 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.] F. 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."
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