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HOUSE BILL 372
57
TH LEGISLATURE
-
STATE
OF
NEW
MEXICO
-
FIRST SESSION
,
2025
INTRODUCED BY
Luis M. Terrazas and Rebecca Dow and Raymundo Lara
and Patricia A. Lundstrom and Jonathan A. Henry
AN ACT
RELATING TO MOTOR VEHICLES; AMENDING THE OFF-HIGHWAY MOTOR
VEHICLE ACT TO REFLECT CHANGES IN THE OFF-HIGHWAY MOTOR VEHICLE
INDUSTRY AND TO IMPROVE REGISTRATION ENFORCEMENT AND
RESPONSIVENESS TO THE NEEDS OF OFF-HIGHWAY MOTOR VEHICLE USERS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 66-3-1001.1 NMSA 1978 (being Laws
2005, Chapter 325, Section 1, as amended) is amended to read:
"66-3-1001.1. DEFINITIONS.--As used in the Off-Highway
Motor Vehicle Act:
A. "board" means the off-highway motor vehicle
advisory board;
B. "department" means the department of game and
fish;
C. "division" means the motor vehicle division of
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the taxation and revenue department;
D. "fund" means the trail safety fund;
E. "off-highway motor vehicle" means a motor
vehicle designed by the manufacturer for operation exclusively
off the highway or road and includes:
(1) "all-terrain vehicle", which means a motor
vehicle fifty inches or less in width, having an unladen dry
weight of one thousand 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;
(2) "off-highway motorcycle", which means a
motor vehicle traveling on not more than two tires and having a
seat designed to be straddled by the operator and that has
handlebar-type steering control;
(3) "snowmobile", which means a motor vehicle
designed for travel on snow or ice and steered and supported in
whole or in part by skis, belts, cleats, runners or low-
pressure tires;
(4) "recreational off-highway vehicle", which
means a motor vehicle designed for travel on four or more
non-highway tires, for recreational use by one or more persons,
and having:
(a) a steering wheel for steering
control;
(b) non-straddle seating;
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(c) maximum speed capability greater
than thirty-five miles per hour;
(d) [gross vehicle] unladen dry weight
[rating no greater than one thousand seven hundred fifty ] under
three thousand five hundred pounds;
(e) less than eighty inches in overall
width, exclusive of accessories; and
[(f) engine displacement of less than
one thousand cubic centimeters; and
(g)] (f) identification by means of a
seventeen-character vehicle identification number; or
(5) by rule of the department, any other
vehicles that may enter the market that fit the general profile
of vehicles operated off the highway for recreational purposes;
F. "staging area" means a parking lot, trailhead or
other location to or from which an off-highway motor vehicle is
transported so that it may be placed into operation or removed
from operation; and
G. "unpaved public roadway" means a dirt graveled
street or road that is constructed, signed and maintained for
regular passenger-car use by the general public."
SECTION 2. Section 66-3-1004 NMSA 1978 (being Laws 1978,
Chapter 35, Section 200, as amended) is amended to read:
"66-3-1004. REGISTRATION CERTIFICATE [AND NONRESIDENT ]
PERMIT FEES--RENEWAL--DISTRIBUTION OF FEES.--Fees shall be
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collected and distributed as follows:
A. the fees for registering an off-highway motor
vehicle are:
(1) seventeen dollars ($17.00) for each
off-highway motor vehicle, of which five dollars ($5.00) is
appropriated to the division to defray the cost of making and
issuing registration certificates, validating stickers and
nonresident permits for off-highway motor vehicles. The
remaining twelve dollars ($12.00) shall be deposited in the
motor vehicle suspense fund for distribution pursuant to
Section 66-6-23 NMSA 1978; and
(2) an amount determined by rule of the
department not to exceed forty dollars ($40.00) for an off-
highway user fee for each off-highway motor vehicle, which
shall be distributed to the fund;
B. upon a change of ownership, the new owner shall
make application and pay registration fees of:
(1) seventeen dollars ($17.00) in the same
manner as provided by rules of the division for original
registration; and
(2) an amount determined by rule of the
department not to exceed forty dollars ($40.00) for an off-
highway user fee for each off-highway motor vehicle, which
shall be distributed to the fund;
C. [except for an off-highway vehicle that is
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currently in compliance with another state's off-highway
vehicle registration, user fee or similar law or rule
demonstrated by certificate of registration, permit or similar
evidence] the fees for a nonresident permit of an off-highway
motor vehicle are either:
(1) seventeen dollars ($17.00), of which five
dollars ($5.00) is appropriated to the division to defray the
cost of making and issuing registration certificates,
validating stickers and nonresident permits for off-highway
motor vehicles. The remaining twelve dollars ($12.00) shall be
deposited in the motor vehicle suspense fund for distribution
pursuant to Section 66-6-23 NMSA 1978, and an amount determined
by rule of the department not to exceed forty dollars ($40.00)
for each off-highway motor vehicle, which shall be distributed
to the fund; or
(2) seventeen dollars ($17.00) for a ninety-
day permit, of which five dollars ($5.00) is appropriated to
the division to defray the cost of making and issuing
registration certificates, validating stickers and nonresident
permits for off-highway motor vehicles. The remaining twelve
dollars ($12.00) shall be deposited in the motor vehicle
suspense fund for distribution pursuant to Section 66-6-23 NMSA
1978;
D. except as provided in Paragraph (2) of
Subsection C of this section, each nonresident permit shall be:
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(1) good for two years after the month in
which the off-highway motor vehicle nonresident permit is
issued; and
(2) renewed every two years;
E. the off-highway user fee for each off-highway
motor vehicle shall be paid upon obtaining and renewing each
registration certificate or nonresident permit;
F. duplicate registration certificates and
nonresident permits shall be issued upon payment of a seven-
dollar-fifty-cent ($7.50) fee, which is appropriated to the
division to defray the cost of making and issuing duplicate
registration certificates and nonresident permits for off-
highway motor vehicles;
G. a fee of one dollar ($1.00) on registration
certificates and nonresident permits shall be collected for the
litter control and beautification fund; and
H. the department, in conjunction with other
agencies and departments, may establish and maintain sites to
collect fees and issue permits for residents and nonresidents."
SECTION 3. Section 66-3-1010.3 NMSA 1978 (being Laws
2005, Chapter 325, Section 11, as amended) is amended to read:
"66-3-1010.3. OPERATION AND EQUIPMENT--SAFETY
REQUIREMENTS.--
A. A person shall not operate an off-highway motor
vehicle:
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(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 or
a public roadway;
(8) unless in possession of the person's
registration certificate or nonresident permit;
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(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;
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(2) without an off-highway motor vehicle
safety permit; or
(3) while carrying a passenger, except for a
person under the age of eighteen who is:
(a) fully licensed to operate a motor
vehicle on a street or highway while carrying passengers; or
(b) being visually supervised from the
front passenger seat, as required in Subsection C or D of this
section.
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
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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."
SECTION 4. Section 66-3-1018 NMSA 1978 (being Laws 2005,
Chapter 325, Section 20, as amended) is amended to read:
"66-3-1018. DEPARTMENT--POWERS AND DUTIES.--
A. The department shall cooperate with appropriate
federal agencies, public and private organizations and
corporations and local government units to implement the
provisions of the Off-Highway Motor Vehicle Act.
B. The department:
(1) shall accept and evaluate all applications
for approval and certification of an off-highway motor vehicle
safety training organization and approve and certify those that
meet the minimum criteria;
(2) shall notify the division of the off-
highway motor vehicle safety training organizations that have
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received approval and certification;
(3) shall establish and revise as appropriate
minimum criteria to approve and certify an off-highway motor
vehicle safety training organization. The criteria shall
include requirements for curriculum and materials for:
(a) training instructors to teach off-
highway motor vehicle safety;
(b) training the public about off-
highway motor vehicle safety and age-appropriate size-fit use
of off-highway motor vehicles; and
(c) teaching responsible use of
off-highway motor vehicles with respect to environmental
considerations, private property restrictions, agricultural and
rural lifestyles and cultural considerations, off-highway motor
vehicle operating laws and prohibitions against operating off-
highway motor vehicles under the influence of alcohol or drugs;
(4) shall implement a state off-highway motor
vehicle safety training and certification program;
(5) shall adopt and promulgate rules regarding
the:
(a) age-appropriate size-fit use of all-
terrain vehicles or recreational off-highway motor vehicles;
(b) acceptance or accreditation of
instruction or safety courses provided by other states; and
(c) standards covering the
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specifications of eye protection and safety helmets;
(6) may recommend, with public participation
and input, off-highway motor vehicle park, facility and trail
locations to the state, county, tribal or local governing body
or private entity that owns or administers the land upon which
the park, facility or trail is located. The department shall
establish criteria to recommend locations that include
consideration of off-highway motor vehicle operating laws and
effects on:
(a) wildlife and the environment;
(b) adjacent state, county, federal,
tribal and private property;
(c) other recreational and
nonrecreational uses on the same or adjacent lands; and
(d) archaeological, cultural and
historic resources and customs;
(7) shall recommend restoration or, if deemed
necessary, closure of off-highway motor vehicle tracks or
trails to the state, county, tribal or local governing body or
private entity that owns or administers the land upon which the
tracks or trails are located if they pose significant or
irreversible environmental damage, a danger to users or a
public nuisance as determined by the department. The
department shall consider the construction of alternative
tracks or trails as part of the closure process;
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(8) shall accept and evaluate all applications
for grants from the fund for implementation of the provisions
of the Off-Highway Motor Vehicle Act. The department shall
establish criteria for grants from the fund that include
consideration of the:
(a) applicant's financial and legal
status;
(b) applicant's management plan,
including specific measures to avoid or minimize environmental
damage to public and private lands and danger to users and
spectators;
(c) operating budget for the park,
trail, facility or staging area;
(d) availability of matching funds; and
(e) public participation and input;
(9) shall certify tour guides;
(10) shall prepare a management plan that
accomplishes the purposes of the Off-Highway Motor Vehicle Act
in a cost-effective manner and relies on existing agencies'
available funding with specific qualifications for program
implementation, which shall include joint powers agreements
with the department of public safety and other law enforcement
agencies for law enforcement and other agencies as appropriate
for carrying out the provisions of the Off-Highway Motor
Vehicle Act;
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(11) shall develop and implement an overall
enforcement strategy for the entire state that includes:
(a) cooperation with federal, state and
local law enforcement agencies to provide training and
educational materials related to off-highway motor vehicle use;
(b) coordination efforts related to off-
highway motor vehicle use with participating law enforcement
agencies;
(c) developing strategies for addressing
and [mininizing] minimizing impacts on farmers and ranchers in
rural agricultural areas, on hunters and anglers and on non-
motorized recreationalists by off-highway motor vehicle use;
and
(d) using law enforcement DUI-type
"blitzes" in heavily used areas, staging areas or other problem
areas;
(12) shall develop and implement an overall
educational strategy for the entire state that:
(a) incorporates materials developed by
the United States department of agriculture forest service
program that teaches trail etiquette and respect for natural
resources;
(b) includes the development of New
Mexico-specific written, video or other educational materials
and educational programs that address the impact of off-highway
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motor vehicles on traditional living culture, agricultural land
and private property; and
(c) includes the development and
maintenance of a web site containing rules and regulations,
safety information and educational material relating to
resource protection and the impact of off-highway motor
vehicles on traditional living culture, agricultural land and
historical sites;
(13) shall develop an overall strategy for
phased implementation of an information system to track
information, such as use patterns, injury data, ecological
data, natural resource data and data relating to the impact of
off-highway motor vehicles on traditional living culture and on
agricultural land. The strategy shall include:
(a) identification and implementation of
appropriate data collecting mechanisms, such as a toll-free
number or a web-based data collecting process; and
(b) development of an information system
program capable of interfacing with existing government and
private databases or other information systems;
(14) may implement noise enforcement by the
testing of sound levels of off-highway motor vehicles at the
time of registration and equip law enforcement officers with
sound meters for field testing of sound levels;
(15) may contract with government or quasi-
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government agencies to conduct analysis of the impact of off-
highway motor vehicle use on [forests, rangeland and other ]
state and local economies, public safety and natural resources
and use the data obtained to make recommendations to the
appropriate [land management ] agency;
(16) shall review the definition of "off-
highway motor vehicle" as needed to include new classes of off-
highway motor vehicles as they become available in the
marketplace;
(17) shall, in cooperation with the division,
determine the size, composition, attachment mechanism, letter
or number height and other properties of off-highway motor
vehicle identification. This identification may be a
traditional license plate, stick-on lettering as used for boat
identification or another form of identification that is
visible and readable;
(18) shall present its semiannual plans and
progress to the advisory board for the board's input and
response; and
(19) may collaborate with the appropriate land
agencies to develop criteria for signage relating to off-road
motor vehicle use, including the size, visibility, graphics and
frequency of signage."
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