SENATE CORPORATIONS AND TRANSPORTATION COMMITTEE SUBSTITUTE FOR

SENATE BILL 472

51st legislature - STATE OF NEW MEXICO - first session, 2013

AN ACT

RELATING TO MOTOR VEHICLES; AMENDING SECTIONS OF THE OFF-HIGHWAY MOTOR VEHICLE ACT TO PROVIDE FOR CERTAIN EXEMPTIONS AND EXCEPTIONS.

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

     SECTION 1. Section 66-3-1005 NMSA 1978 (being Laws 1978, Chapter 35, Section 201, as amended) is amended to read:

     "66-3-1005. EXEMPTIONS.--The provisions of the Off-Highway Motor Vehicle Act shall not apply to persons who operate off-highway motor vehicles on privately held lands or to off-highway motor vehicles that are:

          A. owned and operated by an agency or department of the United States, this state or a political subdivision of this state;

          B. operated exclusively on lands privately held;

provided that the appropriate tax or fee has been paid in lieu of the motor vehicle registration fees;

          C. owned by nonresidents and used in this state only for organized and endorsed competition purposes; provided that the use is not on a rental basis;

          D. brought into this state by manufacturers or distributors for wholesale purposes and not used for demonstrations;

          E. in the possession of dealers as stock-in-trade and not used for demonstration purposes;

          F. farm tractors, as defined in Section 66-1-4.6 NMSA 1978, special mobile equipment, as defined in Section 66-1-4.16 NMSA 1978, or off-highway motor vehicles being used for agricultural or commercial operations; or

          G. used exclusively on private closed courses, whether owned by the rider or another person; provided that, if applicable, the excise tax and registration fees have been paid and are current."

     SECTION 2. 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] Subsections B and C 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. A recreational off-highway vehicle that is equipped with headlights, brake lights, front and rear turn signal indicator lights, taillights, reflex reflectors, a parking brake, at least one interior and one exterior rear view mirror, a windshield, windshield wipers, a speedometer, an odometer, braking for each wheel and seat belts may be driven on a roadway with a posted speed limit of thirty-five miles per hour or less; provided that:

                (1) the vehicle is registered pursuant to the Motor Vehicle Code;

                (2) the vehicle is insured or covered by evidence of financial responsibility pursuant to the Mandatory Financial Responsibility Act;

                (3) the driver of the vehicle has a valid driver's license;

                (4) a local authority may prohibit the operation of recreational off-highway vehicles on any road under its jurisdiction if the governing body of the local authority determines that the prohibition is necessary in the interest of safety; and

                (5) the department of transportation may prohibit the operation of recreational off-highway vehicles on any road under its jurisdiction if it determines that the prohibition is necessary in the interest of safety.

          [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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