§ 24-12-7-9.9. 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 often miles per hour within two hundred 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 or a public roadway;

(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; or

(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 may 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.

(Ord. No. 1567 , 5-29-18)

State law reference

66-3-1010.3 NMSA 1978.