Section 66-3-1010.3 - Operation and equipment; safety requirements. - New Mexico Statutes

66-3-1010.3. Operation and equipment; safety requirements.

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 Section 66-8-102 NMSA 1978; 

(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, unless the  off-highway motor vehicle is on a route designated by the landowner or land management agency as an off-highway motor vehicle route; 

(6)     in a manner that has a direct negative effect on or interferes with persons engaged in agricultural practices; 

(7)     in excess of ten miles per hour within two hundred feet of a business, animal shelter, horseback rider, bicyclist, pedestrian, livestock 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 five hundred feet or less, unless the vehicle is equipped with: 

(a)     one or more headlights of sufficient candlepower to light objects at a distance of one hundred fifty feet; and 

(b)     at least one taillight of sufficient intensity to exhibit a red or amber light at a distance of two hundred feet under normal atmospheric conditions;  

(11)     that produces noise that exceeds ninety-six 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 eighteen 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 eighteen but at least ten 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 eighteen 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 ten 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 shall not be sold or offered for sale if the vehicle produces noise that exceeds ninety-six 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.