SENATE BILL 472

57th legislature - STATE OF NEW MEXICO - first session, 2025

INTRODUCED BY

Gabriel Ramos and Rebecca Dow and Crystal Brantley

and Joshua A. Sanchez and George K. Muñoz

 

 

 

 

AN ACT

RELATING TO MOTOR VEHICLES; AUTHORIZING LOCAL AND COUNTY ELECTED AUTHORITIES TO ALLOW OFF-HIGHWAY MOTOR VEHICLES TO OPERATE ON PAVED STREETS AND HIGHWAYS WITHIN THE POLITICAL BOUNDARIES OF THE AUTHORIZING ENTITY.

 

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) 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 or county elected 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] within the political boundaries of 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;

                (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] or county elected authority 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."

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