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."
- 11 -