Every person operating a motorcycle shall be granted all the rights and shall be subject to all of the duties applicable to the driver of any other vehicle under this chapter, except as to special regulations in §§ 12-7-1 through 12-7-8, and except as to those provisions of this chapter which by their nature can have no application. (*)
A.
All motorcycles are entitled to full use of a lane and no motor vehicle
shall be driven in such a manner as to deprive any motorcycle of the
full use of a lane. This section shall not apply to motorcycles operated
two abreast in a single lane.
B.
The operator of a motorcycle shall not overtake and pass in the same
lane occupied by the vehicle being overtaken, except that this provision
shall not apply to police officers in the performance of their official
duties.
C.
No person shall operate a motorcycle between lanes of traffic or
between adjacent lines or rows of vehicles, except that this subsection
shall not apply to police officers in the performance of their official
duties.
D.
Motorcycles shall not be operated more than two abreast in a single
lane. (*)
No person riding upon a motorcycle shall attach himself or the
motorcycle to any other vehicle on a street. (*)
A.
A person operating a motorcycle, motor scooter or motor-driven cycle
shall ride only upon the permanent and regular seat attached thereto,
and shall have his feet upon the footrests provided on the machine.
B.
The operator shall not carry any other person nor shall any other
person ride on a motorcycle, motor scooter or motor-driven cycle unless
it is designed to carry more than one person. If a motorcycle, motor
scooter or motor-driven cycle is designed to carry more than one person,
the passenger may ride upon the permanent and regular seat if designed
for two persons, or upon another seat firmly attached to the rear
or side of the motorcycle, motor scooter or motor-driven cycle. The
passenger shall have his feet upon the footrests attached for passenger
use. (66-7-355 NMSA 1978)
C.
No person shall operate a motorcycle while carrying any package,
bundle or other article, which prevents him from keeping both hands
on the handlebars.
D.
No operator of a motorcycle shall carry any person nor shall any
person ride in a position that will interfere with the operation or
control of the motorcycle or the view of the operator. (*)
Any person operating a motorcycle, motor scooter or motor-driven
cycle, not having a fixed windshield of a type approved by regulation
of the Secretary, shall wear an eye-protective device which may be
a face shield attached to a safety helmet, goggles or safety eyeglasses.
All eye-protective devices or windshields shall be of a type approved
by regulations authorized by NMSA 1978, § 66-7-355. (66-7-355
NMSA 1978)
A.
No person under the age of 18 shall operate a motorcycle unless he
is wearing a safety helmet securely fastened on his head in a normal
manner as headgear and meeting the standards authorized by NMSA 1978,
§ 66-7-356. No dealer or person who leases or rents motorcycles
shall lease or rent a motorcycle to a person under the age of 18 unless
the lessee or renter shows such person a valid operator's license
or permit and possesses the safety equipment required of an operator
who is under the age of 18. No person shall carry any passenger under
the age of 18 on any motorcycle unless the passenger is wearing a
securely fastened safety helmet, as specified in this section, meeting
the standards specified by the director.
B.
Failure to wear a safety helmet as required in this section shall
not constitute contributory negligence. (66-7-356 NMSA 1978)
Any motorcycle carrying a passenger, other than in a sidecar
or enclosed cab, shall be equipped with footrests for the passenger.
(*)
A.
No motorcycle shall be equipped in a manner such that it is incapable of turning a ninety-degree angle with a circle having a radius of not more than 14 feet. Evidence of a motorcycle being unable to turn a ninety-degree angle within a circle having a radius of not more than 14 feet shall be prima facie evidence of an unsafe vehicle as described in § 12-10-1.1.
B.
For the purposes of this section, a police officer may require the driver of a motorcycle to demonstrate the ability of any motorcycle to be ridden as described in Subsection A of this section. Failure or refusal of any operator to demonstrate the ability of any motorcycle being operated upon the highways shall be prima facie evidence of an unsafe vehicle as described in § 12-10-1.1. (66-3-842 NMSA 1978)
The Off-Highway Motor Vehicle Advisory Board.
The Department of Game and Fish.
The Motor Vehicle Division of the Taxation and Revenue Department.
The trail safety fund.
A motor vehicle designed by the manufacturer for operation
exclusively off the highway or road and includes:
ALL-TERRAIN VEHICLEA motor vehicle 50 inches or less in width, having an unladen dry weight of 1,000 pounds or less, traveling on three or more low-pressure tires and having a seat designed to be straddled by the operator and handlebar-type steering control.
OFF-HIGHWAY MOTORCYCLEA motor vehicle traveling on not more than two tires and having a seat designed to be straddled by the operator and that has handlebar-type steering control.
SNOWMOBILEA motor vehicle designed to travel on snow or ice and steered and supported in whole or in part by skis, belts, cleats, runners or low-pressure tires.
A motor vehicle designed for travel on four or more nonhighway
tires, for recreational use by one or more persons and having:
A steering wheel for steering control;
Nonstraddle seating;
Maximum speed capability greater than 35 miles per hour;
Gross vehicle weight rating no greater than 1,750 pounds;
Less than 80 inches in overall width, exclusive of accessories;
Engine displacement of less than 1,000 cubic centimeters; and
Identification by means of seventeen-character vehicle identification
number; or
By rule of the Department, any other vehicles that may enter
the market that fit the general profile of vehicles operated off-highway
for recreational purposes.
A parking lot, trailhead or other location to or from which
an off-highway motor vehicle is transported so that it may be placed
into operation or removed from operation.
A dirt graveled street or road that is constructed, signed
and maintained for regular passenger car use by the public.
Unless exempted from the provisions of this section, a person shall not operate an off-highway motor vehicle unless the off-highway motor vehicle has been registered in accordance with NMSA 1978, Chapter 66, Article 3. The owner shall affix the validating sticker as provided in NMSA 1978, Chapter 66, Article 3. (66-3-1003 NMSA 1978)
A.
No person shall operate an off-highway motor vehicle on any limited access street at any time or 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 street. 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
crossing in the most direct manner, as close to a perpendicular angle
as possible.
C.
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 NMSA 1978, Chapter 17, Article 6.
D.
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 NMSA 1978,
Chapter 16, Article 2, except in areas designated by and permitted
by rules adopted by the Secretary of Energy, Minerals and Natural
Resources. (66-3-1011 NMSA)
A.
Off-highway motor vehicles issued a validating sticker or nonresident
permit may be driven adjacent to a street, yielding to all vehicles
entering or exiting the street, in a manner so as not to interfere
with traffic upon the street, only for the purpose of gaining access
to or returning from areas designed for the operation of off-highway
motor vehicles, by the shortest route possible and when no other route
is available or when the area adjacent to a street is being used as
a staging area. Such use must occur between the streets and fencing
that separates the street from private or public lands.
B.
When snow conditions permit, an off-highway motor vehicle may be
operated on the right-hand side of a street, parallel, but not closer
than 10 feet, to the inside of the plow bank. (66-3-1012 NMSA 1978)
It is unlawful to operate an off-highway motor vehicle on private
lands except with the express permission of the owner of the lands.
(66-3-1013 NMSA 1978)
The driver of an off-highway motor vehicle involved in an accident
resulting in injuries to, or the death of, any person, or resulting
in damage to public or private property to the extent of $500 or more,
shall immediately notify a law enforcement agency of the accident
and the facts relating to the accident. If the driver is under the
age of 18, the driver's parent or legal guardian shall immediately
notify a law enforcement agency of the accident and the facts relating
to the accident. (66-3-1014 NMSA)
A wildlife conservation officer, state police or peace officer of this state or any of its political subdivisions, upon displaying his/her badge of office, has the authority to enforce the provisions of §§ 12-7-9.1 through 12-7-9.5 of this chapter and may require the operator of any off-highway motor vehicle to produce the certificate of registration or nonresident permit, proof of successful completion of an off-highway motor vehicle training course conducted by an off-highway safety training organization approved and certified by the Department, when required by § 12-7-9.8, and the personal identification of the operator, and may issue citations for violations of the provisions of §§ 12-7-9.1 through 12-7-9.9 of this chapter. (66-3-1015 NMSA 1978)
The provisions of this section 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 NMSA 1978, § 66-1-4.6, special
mobile equipment, as defined in NMSA 1978, § 66-1-4.16,
or off-highway motor vehicles being used for agricultural 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. (66-3-1005
NMSA 1978)
A person under the age of 18 shall be required to successfully
complete an off-highway motor vehicle safety training course for which
the person shall have parental permission. The course shall be conducted
by an off-highway motor vehicle safety training organization that
is approved and certified by the Department. Upon successful completion
of the course, the person shall receive an off-highway motor vehicle
safety permit issued by the organization. (66-3-1010.2 NMSA 1978)
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 NMSA 1978, § 66-8-102;
(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;
(6)
In a manner that has a direct negative effect on or interferes
with persons engaged in agricultural practices;
(7)
In excess of 10 miles per hour within 200 feet of a business,
animal shelter, horseback rider, bicyclist, pedestrian or occupied
dwelling, 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 500 feet
or less, unless the vehicle is equipped with:
(11)
That produces noise that exceeds 96 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 18 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 18 but at least 10 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 18 who has a valid driver's license. This subsection shall
not apply to a person who is at least:
D.
A person under the age of 10 shall not operate an off-highway motor
vehicle unless:
E.
An off-highway motor vehicle may not be sold or offered for sale
if the vehicle produces noise that exceeds 96 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. (66-3-1010.3 NMSA 1978)
A.
A person who violates the provisions of §§ 12-7-9 through 12-7-9.9 is guilty of a penalty assessment misdemeanor. A parent, guardian or custodian who causes or knowingly permits a child under the age of 18 years to operate an off-highway motor vehicle in violation of the provisions of §§ 12-7-9 through 12-7-9.9 is in violation of this section. (66-3-1020 NMSA 1978)
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:
|
|
|
|
|
Section Violated
|
Penalty Assessment
| ||
|---|---|---|---|
|
Class 1 Violations
| |||
|
Failure to possess registration certificate or nonresident permit
|
66-3-1010.3
|
$10
| |
|
Violation involving headlights or taillights failure to possess
an off-highway motor vehicle
|
66-3-1010.3
|
$10
| |
|
Safety permit
|
66-3-1010.3
|
$10
| |
|
Selling a vehicle that produces noise in excess of 96 decibels
|
66-3-1010.3
|
$10
| |
|
Any violation of the Off-Highway Motor Vehicle Act not otherwise
specifically defined elsewhere in this section
|
66-3-1010.3
|
$10
| |
|
Class 2 Violations
| |||
|
Failure to complete a required off-highway motor vehicle safety
training course
|
66-3-1010.2
|
$50
| |
|
Operating a vehicle in excess of 10 miles per hour within 200
feet of a business, animal shelter, horseback rider, bicyclist, pedestrian,
livestock or occupied dwelling
|
66-3-1010.3
|
$50
| |
|
A person under the age of 18 but at least 15 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
| |
|
Operating an off-highway motor vehicle that produces noise that
exceeds 96 decibels
|
66-3-1010.3
|
$50
| |
|
Unauthorized installation, removal, destruction or defacing
of a motor vehicle sign
|
66-3-1011
|
$50
| |
|
Class 3 Violations
| |||
|
Operating a vehicle that is not equipped with an approved spark
arrester
|
66-3-1010.3
|
$100
| |
|
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
| |
|
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
| |
|
Operating an off-highway motor vehicle on or within an earth
taken tank or other structure meant to water livestock or wildlife
|
66-3-1010.3
|
$100
| |
|
Operating an 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
| |
|
A person under the age of 18 operating an off-highway motor
vehicle without wearing eye protection and a safety helmet
|
66-3-1010.3
|
$100
| |
|
A person under the age of 18 operating an off-highway motor
vehicle while carrying a passenger
|
66-3-1010.3
|
$100
| |
|
A person under the age of 15 but at least 10 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
| |
|
A person under the age of 10 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
| |
|
Class 4 Violations
| |||
|
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
| |
|
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
| |
|
Operating an off-highway motor vehicle on a limited-access highway
or freeway
|
66-3-1011
|
$200
|
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 violations 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 $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 90 days.
