{"data":{"id":"us-nm/66-3-1010.3","jurisdiction":"us-nm","citation":"66-3-1010.3","heading":"Operation and equipment; safety requirements.","body":"A. A person shall not operate an off-highway motor vehicle:\n(1) in a careless, reckless or negligent manner so as to endanger the person or property of another;\n(2) while under the influence of intoxicating liquor or drugs as provided by Section 66-8-102 NMSA 1978;\n(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 [state wildlife commission];\n(4) in pursuit of or harassment of livestock in any manner that negatively affects the livestock's condition;\n(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;\n(6) in a manner that has a direct negative effect on or interferes with persons engaged in agricultural practices;\n(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;\n(8) unless in possession of the person's registration certificate or nonresident permit;\n(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;\n(10) when conditions such as darkness limit visibility to five hundred feet or less, unless the vehicle is equipped with:\n(a) one or more headlights of sufficient candlepower to light objects at a distance of one hundred fifty feet; and\n(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;\n(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\n(12) where off-highway motor vehicle traffic is prohibited under local, state or federal rules or regulations.\nB. A person under the age of eighteen shall not operate an off-highway motor vehicle:\n(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;\n(2) without an off-highway motor vehicle safety permit; or\n(3) while carrying a passenger.\nC. 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:\n(1) thirteen years of age and has a valid motorcycle license and off-highway motor vehicle safety permit; or\n(2) fifteen years of age and has a valid driver's license, instructional permit or provisional license and off-highway motor vehicle safety permit.\nD. A person under the age of ten shall not operate an off-highway motor vehicle unless:\n(1) the all-terrain vehicle or recreational off-highway vehicle is an age-appropriate size-fit vehicle established by rule of the department; and\n(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.\nE. 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.","path":["Chapter 66 - Motor Vehicles","ARTICLE 3 Registration Laws; Security Interests; Anti-Theft Provisions; Bicycles; Equipment; Unsafe Vehicles; Off-Highway Motor Vehicles; Other Vehicles"],"source_url":"https://nmonesource.com/nmos/nmsa-unanno/en/item/18569/index.do","current_through":"2026-07-01","vintage":"","retrieved_at":"2026-09-03T15:02:20Z","sha256":"1c7cfa4b4d8217c513a1f7a75c03530a2308be87337f61d1c33fbf99805b07e1","source_id":"us-nm","stale":false,"prev":"us-nm/66-3-1010.2","next":"us-nm/66-3-1010.4"},"notice":"GroundRules: Original legal text. Not legal advice."}