[HISTORY: Adopted by the Town Council of the Town of Tatum 4-28-2026. Amendments noted where applicable.]
As used in this chapter, the following definitions shall apply:
OFF-HIGHWAY MOTOR VEHICLE
Means a motor vehicle designed by the manufacturer for operation exclusively off the highway or road and includes:
A. 
RECREATIONAL OFF-HIGHWAY VEHICLEMeans a motor vehicle designed for travel on four or more non-highway tires, for recreational use by one or more persons, and having:
(1) 
A steering wheel for steering control;
(2) 
Non-straddle seating;
(3) 
Maximum speed capability greater than 35 miles per hour;
(4) 
Gross vehicle weight rating no greater than 1,750 pounds;
(5) 
Less than 80 inches in overall width, exclusive of accessories;
(6) 
Engine displacement of less than 1,000 cubic centimeters; and
(7) 
Identification by means of a seventeen-character vehicle identification number; or
(8) 
By rule of the State 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.
A. 
A person shall not operate an off-highway motor vehicle on any:
(1) 
Limited access highway at any time;
(2) 
Paved street or highway, except as provided in Subsection B or C of this section;
(3) 
Walking trails; or
(4) 
Parks owned or maintained by the Town of Tatum,
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. Off-highway motor vehicles shall cross streets or highways in the most direct manner as close to a perpendicular angle as possible.
C. 
A recreational off-highway vehicle may be operated on a paved street owned and controlled by the Town if:
(1) 
The vehicle has one or more headlights and one or more tail lights that comply with the Off-Highway Motor Vehicle Act, Sections 66-3-1001 through 66-3-1021 NMSA 1978;
(2) 
The vehicle has working. brakes, mirrors, and mufflers;
(3) 
The operator has a valid driver's license, instruction permit or provisional license;
(4) 
The operator is insured in compliance with the provisions of the Mandatory Financial Responsibility Act, Sections 66-5-201 through 66-5-248 NMSA 1978; and
The speed limit for recreational off-highway vehicles operated within the Town shall be the posted speed limit.
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, in which event a passenger may ride upon the permanent and regular seat, if designed for two persons, or upon another seat firmly attached to the recreational off-highway vehicle at the rear 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 Articles 1 through 8 of Chapter 66 NMSA 1978.