[Adopted 8-24-2017 by Ord. No.
292-2017]
The purpose of this article is to allow the operation of off-highway
motor vehicles on a paved street or highway owned and controlled by
the County of Doña Ana, as authorized in this article.
This article shall be referred to as the "Off-Highway Motor
Vehicle Ordinance."
As used in this article, the following terms shall have the
meanings indicated:
A motor vehicle designed by the manufacturer for operation
exclusively off the highway or road and includes:
"All-terrain vehicle," which means a 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;
"Recreational off-highway vehicle," which means 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 a seventeen-character vehicle identification
number; or
By rule of the Department of Game and Fish, any other vehicles
that may enter the market that fit the general profile of vehicles
operated off the highway for recreational purposes.
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 or an all-terrain vehicle may
be operated on a paved street or highway owned and controlled by the
County of Doña Ana 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 valid driver's 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 (NMSA 1978, §§ 66-5-201
through 66-5-239);
(5)
The operator of the vehicle is using eye protection that complies
with the Off-Highway Motor Vehicle Act; and
(6)
If the operator is under 18 years of age, the operator is wearing
a safety helmet that complies with the Off-Highway Motor Vehicle Act.
D.
Except for sections of the Motor Vehicle Code 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 and penalties
for operators of moving and parked vehicles under the Motor Vehicle
Code.
The Off-Highway Motor Vehicle Act allows the County to establish
separate speed limits for off-highway motor vehicles. The speed limits
shall be as follows:
A.
The speed limit for all-terrain vehicles operated within the county
shall be 35 miles per hour or the posted speed limit, whichever is
less. If the posted speed limit is higher than 35 miles per hour,
the operator shall operate the all-terrain vehicle on the extreme
right-hand side of the roadway.
B.
The speed limit for recreational off-highway vehicles operated within
the County shall be 45 miles per hour or the posted speed limit, whichever
is less.
The Off-Highway Motor Vehicle Act allows the County to establish
operating restrictions for off-highway motor vehicles. The operating
restrictions shall be as follows:
A.
A person operating a recreational off-highway vehicle shall ride
only upon the permanent and regular seat attached thereto and such
operator shall not carry any other person nor shall any other person
ride on a recreational off-highway vehicle unless such vehicle is
designed to carry more than one person, if designed for two persons,
or upon another seat firmly attached to the recreational off-highway
vehicle at the rear of the operator.
B.
A person under the age of 18 shall not operate an all-terrain vehicle
while carrying a passenger.
C.
A person shall ride an all-terrain vehicle only while sitting astride
the seat, facing forward, with one leg on either side of the off-highway
motor vehicle.
D.
No person shall ride upon an all-terrain vehicle while carrying any
package, bundle, or other article which prevents him from keeping
both hands on the handlebars.
E.
No operator shall carry any person, nor shall any person ride, in
a position that will interfere with the operation of the all-terrain
vehicle or the view of the operator.
Any person operating an off-highway motor vehicle shall obey
all traffic laws, rules and regulations and shall be subject to the
provisions of NMSA 1978, Articles 1 through 8 of Chapter 66.
In the event that any clause, sentence, paragraph, section,
or other portion of this article is found by any Court of competent
jurisdiction to be invalid, it is the intent of the Board of County
Commissioners that the remaining portions of the article be given
full force and effect. It is the expressed intent of the Board of
County Commissioners to adopt each section, phrase, paragraph, and
word of this article separately.
