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Current as of January 01, 2024 | Updated by Findlaw Staff
A. A person shall not operate an off-highway motor vehicle on any:
(1) limited access highway or freeway at any time; or
(2) paved street or highway except as provided in Subsection B, C, D or E 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 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. If authorized by ordinance or resolution of a local authority or the state transportation commission, a recreational off-highway vehicle or an all-terrain vehicle may be operated on a paved street or highway owned and controlled by the authorizing entity 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;
(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 eighteen 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.
E. By ordinance or resolution, a local authority or state transportation commission may establish separate speed limits and operating restrictions for off-highway vehicles where they are authorized to operate on paved streets or highways pursuant to Subsection C of this section.
F. 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 Chapter 17, Article 6 NMSA 1978.
G. 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 Chapter 16, Article 2 NMSA 1978, except in areas designated by and permitted by rules adopted by the secretary of energy, minerals and natural resources.
H. 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.
Cite this article: FindLaw.com - New Mexico Statutes Chapter 66. Motor Vehicles § 66-3-1011. Operation on streets or highways; prohibited areas - last updated January 01, 2024 | https://codes.findlaw.com/nm/chapter-66-motor-vehicles/nm-st-sect-66-3-1011/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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