OFF-HIGHWAY VEHICLE OPERATING AUTHORIZATION

HB0215

HOUSE BILL 215

57th legislature - STATE OF NEW MEXICO - second session, 2026

INTRODUCED BY

Luis M. Terrazas
and
Jenifer Jones
and
Gabriel Ramos

AN ACT

RELATING TO MOTOR VEHICLES; AUTHORIZING LOCAL AND COUNTY
ELECTED AUTHORITIES TO ALLOW OFF-HIGHWAY MOTOR VEHICLES TO
OPERATE ON PAVED STREETS AND HIGHWAYS WITHIN THE POLITICAL
BOUNDARIES OF THE AUTHORIZING ENTITY.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

SECTION 1.
Section 66-3-1011 NMSA 1978 (being Laws 1975,
Chapter 240, Section 11, as amended) is amended to read:

"66-3-1011. OPERATION ON STREETS OR HIGHWAYS--PROHIBITED
AREAS.--

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
or county elected
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
]
within the political boundaries of

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
]
or county elected authority

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."

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