ARTICLE VII
SPECIAL RULES FOR MOTORCYCLES AND OFF-HIGHWAY VEHICLES
12-7-1 Traffic Regulations Apply to Persons Operating Motorcycles
12-7-2 Operating Motorcycles on Streets Laned for Traffic
12-7-3 Clinging to Other Vehicles
12-7-5 Eye-Protective Devices or Windshields
12-7-6 Mandatory Use of Protective Helmet
12-7-7 Footrests and Handlebars
12-7-8 Motorcycle Maneuverability
12-7-9 Off-Highway Motor Vehicles – Definitions
12-7-9.1 Off-Highway Motor Vehicles – Registration; Plate Requirement
12-7-9.2 Operation of Off-Highway Motor Vehicles on Streets or Highways – Prohibited Areas
12-7-9.3 Driving of Off-Highway Motor Vehicles Adjacent to Streets
12-7-9.4 Operation of Off-Highway Motor Vehicles on Private Lands
12-7-9.5 Accidents and Accident Reports
12-7-9.6 Enforcement of Off-Highway Motor Vehicle Regulations
12-7-9.8 Off-Highway Motor Vehicle Safety Permit; Requirements, Issuance
12-7-9.9 Operation and Equipment – Safety Requirements
12-7-10 Mopeds – Standards – Operator Requirements – Application of Motor Vehicle Code
12-7-1 TRAFFIC REGULATIONS APPLY TO PERSONS OPERATING MOTORCYCLES.
Amended July, 2009
Every person operating a motorcycle shall be granted all the rights and shall be subject to all of the duties applicable to the driver of any other vehicle under this ordinance, except as to special regulations in Sections 12-7-1 through 12-7-8 and except as to those provisions of this ordinance which by their nature can have no application. (*)
12-7-2 OPERATING MOTORCYCLES ON STREETS LANED FOR TRAFFIC.
Amended July, 2009
A. All motorcycles are entitled to full use of a lane and no motor vehicle shall be driven in such a manner as to deprive any motorcycle of the full use of a lane. This section shall not apply to motorcycles operated two abreast in a single lane.
B. The operator of a motorcycle shall not overtake and pass in the same lane occupied by the vehicle being overtaken, except that this provision shall not apply to police officers in the performance of their official duties.
C. No person shall operate a motorcycle between lanes of traffic or between adjacent lines or rows of vehicles, except that this provision shall not apply to police officers in the performance of their official duties.
D. Motorcycles shall not be operated more than two abreast in a single lane. (*)
12-7-3 CLINGING TO OTHER VEHICLES.
Amended July, 2009
No person riding upon a motorcycle shall attach himself or the motorcycle to any other vehicle on a street. (*)
12-7-4 RIDING ON MOTORCYCLES.
Amended July, 2009
A. A person operating a motorcycle, motor scooter or motor-driven cycle shall ride only upon the permanent and regular seat attached thereto, and shall have his feet upon the footrests provided on the machine.
B. The operator shall not carry any other person nor shall any other person ride on a motorcycle, motor scooter or motor-driven cycle unless it is designed to carry more than one person. If a motorcycle, motor scooter or motor-driven cycle is designed to carry more than one person, the passenger may ride upon the permanent and regular seat if designed for two persons, or upon another seat firmly attached to the rear or side of the motorcycle, motor scooter or motor-driven cycle. The passenger shall have his feet upon the footrests attached for passenger use. (66-7-355 NMSA 1978)
C. No person shall operate a motorcycle while carrying any package, bundle or other article which prevents him from keeping both hands on the handlebars.
D. No operator of a motorcycle shall carry any person nor shall any person ride in a position that will interfere with the operation or control of the motorcycle or the view of the operator. (*)
12-7-5 EYE-PROTECTIVE DEVICES OR WINDSHIELDS.
Amended July, 2009
Any person operating a motorcycle, motor scooter or motor-driven cycle, not having a fixed windshield of a type approved by regulation of the secretary, shall wear an eye-protective device which may be a faceshield attached to a safety helmet, goggles or safety eyeglasses. All eye-protective devices or windshields shall be of a type approved by regulations authorized by 66-7-355 NMSA 1978. (66-7-355 NMSA 1978)
12-7-6 MANDATORY USE OF PROTECTIVE HELMET.
Amended July, 2009
A. No person under the age of eighteen shall operate a motorcycle unless he is wearing a safety helmet securely fastened on his head in a normal manner as headgear and meeting the standards authorized by 66-7-356 NMSA 1978. No dealer or person who leases or rents motorcycles shall lease or rent a motorcycle to a person under the age of eighteen unless the lessee or renter shows such person a valid operator’s license or permit and possesses the safety equipment required of an operator who is under the age of eighteen. No person shall carry any passenger under the age of eighteen on any motorcycle unless the passenger is wearing a securely fastened safety helmet, as specified in this section, meeting the standards specified by the director.
B. All persons under the age of eighteen shall wear a United States department of transportation approved protective helmet while operating or occupying any motorcycle over 100 cc while in the City’s incorporated limits.
C. All persons under the age of eighteen shall wear a protective helmet that is properly fitted for the size of each occupant while operating or occupying any motorcycle over 100 cc while in the City’s incorporated limits.
D. Failure to wear a safety helmet as required in this Section shall not constitute contributory negligence. (66-7-356 NMSA 1978)
(Ord. 03-015; Am. Ord. 05-19)
12-7-7 FOOTRESTS AND HANDLEBARS.
Amended July, 2009
A. Any motorcycle carrying a passenger, other than in a sidecar or enclosed cab, shall be equipped with footrests for the passenger. (*)
12-7-8 MOTORCYCLE MANEUVERABILITY.
Amended July, 2009
A. No motorcycle shall be equipped in a manner such that it is incapable of turning a ninety-degree angle with a circle having a radius of not more than fourteen feet. Evidence of a motorcycle being unable to turn a ninety degree angle within a circle having a radius of not more than fourteen feet shall be prima facie evidence of an unsafe vehicle as described in Section 12-10-1.1.
B. For the purposes of this section, a police officer may require the driver of a motorcycle to demonstrate the ability of any motorcycle to be ridden as described in Subsection A of this section. Failure or refusal of any operator to demonstrate the ability of any motorcycle being operated upon the highways shall be prima facie evidence of an unsafe vehicle as described in Section 12-10-1.1. (66-3-842 NMSA 1978)
12-7-9 OFF-HIGHWAY MOTOR VEHICLES – DEFINITIONS.
Amended July, 2009
As used in this section:
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 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;
“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; or
(2) “snowmobile,” which means a motor vehicle designed to travel on snow or ice and steered and supported in whole or in part by skis, belts, cleats, runners or low-pressure tires;
(3) “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;
(c) maximum speed capability greater than 35 miles per hour;
(d) gross vehicle weight rating no greater than 1,750 pounds;
(e) less than 80 inches in overall width, exclusive of accessories;
(f) engine displacement of less than 1,000 cubic centimeters; and
(g) identification by means of a 17-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-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.
12-7-9.1 OFF-HIGHWAY MOTOR VEHICLES – REGISTRATION; PLATE REQUIREMENT
Amended July, 2009
A. Unless exempted from the provisions of this section, a person shall not operate an off-highway motor vehicle unless the off-highway motor vehicle has been registered in accordance with Chapter 66, Article 3 NMSA 1978. The owner shall affix the validating sticker as provided in Chapter 66, Article 3 NMSA 1978. (66-3-1003 NMSA 1978)
12-7-9.2 OPERATION OF OFF-HIGHWAY MOTOR VEHICLES ON STREETS OR HIGHWAYS – PROHIBITED AREAS.
Amended July, 2009
A. No person shall operate an off-highway motor vehicle on any limited access street at any time or any paved street or highway except as provided in Subsection B 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 street. 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 crossing in the most direct manner, as close to a perpendicular angle as possible.
C. 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.
D. 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.
E. 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. (66-3-1011 NMSA)
12-7-9.3 DRIVING OF OFF-HIGHWAY MOTOR VEHICLES ADJACENT TO STREETS.
Amended July, 2009
A. Off-highway motor vehicles issued a validating sticker or nonresident permit may be driven adjacent to a street, yielding to all vehicles entering or exiting the street, in a manner so as not to interfere with traffic upon the street, only for the purpose of gaining access to, or returning from areas designed for the operation of off-highway motor vehicles, by the shortest route possible and when no other route is available or when the area adjacent to a street is being used as a staging area. Such use must occur between the street and fencing that separates the street from private or public lands.
B. When snow conditions permit, an off-highway motor vehicle may be operated on the right-hand side of a street, parallel, but not closer than ten feet, to the inside of the plow bank. (66-3-1012 NMSA 1978)
12-7-9.4 OPERATION OF OFF-HIGHWAY MOTOR VEHICLES ON PRIVATE LANDS.
Amended July, 2009
It is unlawful to operate an off-highway motor vehicle on private lands except with the express permission of the owner of the lands. (66-3-1013 NMSA 1978)
12-7-9.5 ACCIDENTS AND ACCIDENT REPORTS.
Amended July, 2009
The driver of an off-highway motor vehicle involved in an accident resulting in injuries to, or the death of, any person, or resulting in damage to public or private property to the extent of five hundred dollars ($500) or more, shall immediately notify a law enforcement agency of the accident and the facts relating to the accident. If the driver is under the age of eighteen, the driver’s parent or legal guardian shall immediately notify a law enforcement agency of the accident and the facts relating to the accident. (66-3-1014 NMSA)
12-7-9.6 ENFORCEMENT OF OFF-HIGHWAY MOTOR VEHICLE REGULATIONS.
Amended July, 2009
A wildlife conservation officer, state police officer or peace officer of this state or any of its political subdivisions, upon displaying his badge of office, has the authority to enforce the provisions of Sections 12-7-9.1 through 12-7-9.5 of this ordinance and may require the operator of any off-highway motor vehicle to produce the certificate of registration or nonresident permit, proof of successful completion of an off-highway motor vehicle training course conducted by an off-highway safety training organization approved and certified by the department, when required by Section 12-7-9.8, and the personal identification of the operator, and may issue citations for violations of the provisions of Sections 12-7-9.1 through 12-7-9.9 of this ordinance. (66-3-1015 NMSA 1978)
12-7-9.7 EXEMPTIONS.
Amended July, 2009
The provisions of the this Section shall not apply to persons who operate off-highway motor vehicles on privately held lands or to off-highway motor vehicles that are:
A. owned and operated by an agency or department of the United States, this state or a political subdivision of this state;
B. operated exclusively on lands privately held; provided that the appropriate tax or fee has been paid in lieu of the motor vehicle registration fees;
C. owned by nonresidents and used in this state only for organized and endorsed competition purposes; provided that the use is not on a rental basis;
D. brought into this state by manufacturers or distributors for wholesale purposes and not used for demonstrations;
E. in the possession of dealers as stock-in-trade and not used for demonstration purposes;
F. farm tractors, as defined in Section 66-1-4.6 NMSA 1978, special mobile equipment, as defined in Section 66-1-4.16 NMSA 1978, or off-highway motor vehicles being used for agricultural operations; or
G. used exclusively on private closed courses, whether owned by the rider or another person; provided that, if applicable, the excise tax and registration fees have been paid and are current. (66-3-1005 NMSA 1978)
12-7-9.8 OFF-HIGHWAY MOTOR VEHICLE SAFETY PERMIT; REQUIREMENTS, ISSUANCE.
Amended July, 2009
A person under the age of eighteen shall be required to successfully complete an off-highway motor vehicle safety training course for which the person shall have parental permission. The course shall be conducted by an off-highway motor vehicle safety training organization that is approved and certified by the department. Upon successful completion of the course, the person shall receive an off-highway motor vehicle safety permit issued by the organization. (66-3-1010.2 NMSA 1978)
12-7-9.9 OPERATION AND EQUIPMENT – SAFETY REQUIREMENTS.
Amended July, 2009
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:
(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 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; 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. (66-3-1010.3 NMSA 1978)
12-7-9.10 PENALTIES
Amended July, 2009
A. A person who violates the provisions of this Section is guilty of a penalty assessment misdemeanor. A parent, guardian or custodian who causes or knowingly permits a child under the age of eighteen years to operate an off-highway motor vehicle in violation of the provisions of this Section is in violation of this Section and subject to the same penalty as the child operating the off-highway motor vehicle in violation of this section. (66-3-1020 NMSA 1987)
B. As used in the Off-Highway Motor Vehicle Act, “penalty assessment misdemeanor” means violation of any provision of the Off-Highway Motor Vehicle Act for which a violator may be subject to the following:
|
CLASS 1 VIOLATIONS |
SECTION VIOLATED |
PENALTY ASSESSMENT |
|
failure to possess a registration certificate or nonresident permit |
66-3-1010.3 |
$10.00 |
|
Violations involving headlights or taillights |
66-3-1010.3 |
10.00 |
|
failure to possess an off-highway motor vehicle safety permit |
66-3-1010.3 |
10.00 |
|
selling a vehicle that produces noise in excess of ninety-six decibels |
66-3-1010.3 |
10.00 |
|
any violation of the Off-Highway Motor Vehicle Act not otherwise specifically defined elsewhere in this section |
66-3-1010.3 |
10.00 |
|
CLASS 2 VIOLATIONS |
SECTION VIOLATED |
PENALTY ASSESSMENT |
|
failure to complete a required off-highway motor vehicle safety training course |
66-3-1010.2 |
$50.00 |
|
operating a vehicle in excess of ten miles per hour within two hundred feet of a business, animal shelter, horseback rider, bicyclist, pedestrian, livestock or occupied dwelling |
66-3-1010.3 |
50.00 |
|
a person under the age of eighteen but at least fifteen years of age who operates an off-highway motor vehicle in violation of the supervision requirements of the Off-Highway Motor Vehicle Act |
66-3-1010.3 |
50.00 |
|
operating an off-highway motor vehicle that produces noise that exceeds ninety-six decibels |
66-3-1010.3 |
50.00 |
|
unauthorized installation, removal, destruction or defacing of a motor vehicle sign |
66-3-1011 |
50.00 |
|
CLASS 3 VIOLATIONS |
SECTION VIOLATED |
PENALTY ASSESSMENT |
|
operating a vehicle that is not equipped with an approved spark arrester |
66-3-1010.3 |
$100.00 |
|
operating an off-highway motor vehicle 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 |
66-3-1010.3 |
100.00 |
|
operating an off-highway motor vehicle in pursuit of or harassment of livestock in any manner that negatively affects the livestock’s condition |
66-3-1010.3 |
100.00 |
|
operating an off-highway motor vehicle on or within an earthen tank or other structure meant to water livestock or wildlife |
66-3-1010.3 |
100.00 |
|
operating a motor vehicle in a manner that has a direct negative effect on or interferes with persons engaged in agricultural practices |
66-3-1010.3 |
100.00 |
|
a person under the age of eighteen operating an off-highway motor vehicle without wearing eye protection and a safety helmet |
66-3-1010.3 |
100.00 |
|
a person under the age of eighteen operating an off-highway motor vehicle while carrying a passenger |
66-3-1010.3 |
100.00 |
|
a person under the age of fifteen but at least ten years of age who operates an off-highway motor vehicle in violation of the supervision requirements of the Off-Highway Motor Vehicle Act |
66-3-1010.3 |
100.00 |
|
a person under the age of ten operating an all-terrain vehicle or recreational off-highway motor vehicle that is not an age-appropriate size-fit or who operates an off-highway motor vehicle in violation of the supervision requirements of this section |
66-3-1010.3 |
100.00 |
|
CLASS 4 VIOLATIONS |
SECTION VIOLATED |
PENALTY ASSESSMENT |
|
operating an off-highway motor vehicle in a careless, reckless or negligent manner so as to endanger the person or property of another |
66-3-1010.3 |
$200.00 |
|
operating an off-highway motor vehicle on any road or area closed to off-highway motor vehicle traffic under local, state or federal regulations |
66-3-1010.3 |
200.00 |
|
operating an off-highway motor vehicle on a limited-access highway or freeway. |
66-3-1011 |
200.00 |
C. The penalty for second, third and subsequent violations within a three-year time period shall be increased as follows:
(1) a second violation in a class 1 penalty category involving failure to possess a registration certificate or nonresident permit shall be increased to a Class 2 penalty category;
(2) any class 2 or class 3 violation for a second or greater infraction within a three-year period shall be increased to the next-highest penalty assessment category; and
(3) each subsequent violation in a Class 4 penalty category will result in an additional penalty of two hundred dollars ($200).
D. Multiple violations for the same incident shall be treated as a single event and shall not result in graduated penalties.
E. The term “penalty assessment misdemeanor” does not include a violation that has caused or contributed to the cause of an accident resulting in injury or death to a person.
F. When an alleged violator of a penalty assessment misdemeanor elects to accept a notice to appear in lieu of a notice of penalty assessment, a fine imposed upon later conviction shall not exceed the penalty assessment established for the particular penalty assessment misdemeanor, and probation imposed upon a suspended or deferred sentence shall not exceed ninety days.
12-7-10 MOPEDS – STANDARDS – OPERATOR REQUIREMENTS – APPLICATION OF MOTOR VEHICLE CODE.
Amended July, 2009
A. Mopeds shall comply with those motor vehicle safety standards deemed necessary and prescribed by the director of motor vehicles.
B. Operators of mopeds shall have in their possession while operating a moped a valid operator’s or restricted operator’s license of any class issued to them.
C. Except as provided in Subsections A and B of this section, none of the provisions of the New Mexico Motor Vehicle Code or of this ordinance relating to motor vehicles or motor-driven cycles as defined in these codes shall apply to a moped. (66-3-1101 NMSA 1978)