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)
As used in §§ 12-7-9 through 12-7-9.10, the following terms shall have the meanings indicated:
BOARD
The Off-Highway Motor Vehicle Advisory Board.
DEPARTMENT
The Department of Game and Fish.
DIVISION
The Motor Vehicle Division of the Taxation and Revenue Department.
FUND
The trail safety fund.
OFF-HIGHWAY MOTOR VEHICLE
A motor vehicle designed by the manufacturer for operation exclusively off the highway or road and includes:
A. 
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.
B. 
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.
C. 
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.
D. 
RECREATIONAL OFF-HIGHWAY VEHICLE
(1) 
A motor vehicle designed for travel on four or more nonhighway tires, for recreational use by one or more persons and having:
(a) 
A steering wheel for steering control;
(b) 
Nonstraddle seating;
(c) 
Maximum speed capability greater than 35 miles per hour;
(d) 
Gross vehicle weight rating no greater than 1,750 pounds;
(e) 
Less than 80 inches in overall width, exclusive of accessories;
(f) 
Engine displacement of less than 1,000 cubic centimeters; and
(g) 
Identification by means of seventeen-character vehicle identification number; or
(2) 
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.
STAGING AREA
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.
UNPAVED PUBLIC ROADWAY
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)
E. 
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. (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:
(a) 
One or more headlights of sufficient candlepower to light objects at a distance of 150 feet; and
(b) 
At least one taillight of sufficient intensity to exhibit a red or amber light at a distance of 200 feet under normal atmospheric conditions; or
(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:
(1) 
Thirteen years of age and has a valid motorcycle license and off-highway motor vehicle safety permit; or
(2) 
Fifteen years of age and has a valid driver's license, instructional permit or provisional license and off-highway motor vehicle safety permit.
D. 
A person under the age of 10 shall not operate an off-highway motor vehicle unless:
(1) 
The all-terrain vehicle or recreational off-highway vehicle is an age-appropriate size-fit vehicle established by rule of the Department; and
(2) 
The person is visually supervised at all times by a parent, legal guardian or instructor of a safety training course certified by the Department.
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.
A. 
Mopeds shall comply with those motor vehicle safety standards deemed necessary and prescribed by the Director of Motor Vehicles.
B. 
Operators of mopeds shall have in their possession while operating a moped a valid operator's or restricted operator's license of any class issued to them.
C. 
Except as provided in Subsections A and B of this section, none of the provisions of the New Mexico Motor Vehicle Code or of this chapter relating to motor vehicles or motor-driven cycles as defined in these codes shall apply to a moped. (66-3-1101 NMSA 1978)