SENATE BILL 51
53rd legislature - STATE OF NEW MEXICO - first session, 2017
INTRODUCED BY
Steven P. Neville
AN ACT
RELATING TO OFF-HIGHWAY MOTOR VEHICLES; AMENDING SECTIONS OF THE MOTOR VEHICLE CODE AND THE OFF-HIGHWAY MOTOR VEHICLE ACT; PROVIDING FOR A SPECIAL PAVED ROAD USE VEHICLE PLATE FOR OFF-HIGHWAY MOTOR VEHICLES; AMENDING THE OFF-HIGHWAY MOTOR VEHICLE ACT TO SPECIFY AGE-APPROPRIATE OPERATING LICENSES, PERMITS AND SAFETY GEAR FOR PAVED ROAD USE; MAKING AN APPROPRIATION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 66-1-4.19 NMSA 1978 (being Laws 1990, Chapter 120, Section 20, as amended) is amended to read:
"66-1-4.19. DEFINITIONS.--As used in the Motor Vehicle Code:
A. "validating sticker" means the tab or sticker issued by the division to signify, upon a registration plate, renewed registration;
B. "vehicle" means every device in, upon or by which any person or property is or may be transported or drawn upon a highway, including any frame, chassis, body or unitized frame and body of any vehicle or motor vehicle, except devices moved exclusively by human power or used exclusively upon stationary rails or tracks; [and]
C. "vehicle-business number" means the distinctive registration number given by the division to any manufacturer, auto recycler or dealer; and
D. "vehicle plate" means a plate, marker, sticker or tag similar to a registration plate, but that is issued by the department for vehicles that are exempted from registration under the Motor Vehicle Code."
SECTION 2. A new section of the Motor Vehicle Code is enacted to read:
"[NEW MATERIAL] OFF-HIGHWAY MOTOR VEHICLE PAVED ROAD USE VEHICLE PLATE.--
A. The department shall issue a standardized special off-highway motor vehicle paved road use vehicle plate with a logo specified in Section 66-3-424 NMSA 1978 indicating that the recipient intends to operate an off-highway motor vehicle on paved streets or highways in accordance with the provisions of the Off-Highway Motor Vehicle Act.
B. For a fee of seven dollars ($7.00), an off-highway motor vehicle owner who wishes to indicate an intent to operate an off-highway motor vehicle on paved streets or highways in accordance with the provisions of the Off-Highway Motor Vehicle Act may apply for the issuance of a special vehicle plate as provided in Subsection A of this section. No two owners shall be issued identically lettered or numbered vehicle plates.
C. The revenue from the special off-highway motor vehicle paved road use vehicle plate fee imposed by Subsection B of this section shall be retained by the department and is appropriated to the department for the manufacture and issuance of the vehicle plates."
SECTION 3. 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 [or], 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 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 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 [a] valid driver's [license, instruction permit or provisional license and an off-highway motor vehicle safety permit] 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; [and]
(5) the operator of the vehicle is wearing eye protection [and] that complies with the Off-Highway Motor Vehicle Act; and
(6) if the operator is under eighteen years of age, a safety helmet that [comply] complies with the Off-Highway Motor Vehicle Act.
D. Except for sections 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 for operators of moving and parked vehicles under the Motor Vehicle Code.
[D.] E. By ordinance or resolution, a local authority or state transportation commission 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.
[E.] 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.
[F.] 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.
[G.] 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 4. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2017.
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