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SB312 • 2026

SAFETY HELMETS AS NEGLIGENCE

SAFETY HELMETS AS NEGLIGENCE

Did Not Pass

The latest official action shows that this bill did not move forward in that session.

Sponsor
Senator Antoinette Sedillo Lopez
Last action
Official status
[5] SCC/STBTC/SJC-SCC [10]germane-STBTC API.
Effective date
Not listed

Plain English Breakdown

Using official source text because the generated explanation was unavailable or could not be confirmed against the official bill text.

SAFETY HELMETS AS NEGLIGENCE

SAFETY HELMETS AS NEGLIGENCE

What This Bill Does

  • SAFETY HELMETS AS NEGLIGENCE

Limits and Unknowns

  • This entry is temporarily using official source text because the generated explanation could not be confirmed against the official bill text during the last sync.

Bill History

  1. 2026-02-09 New Mexico Legislature

    SCC: Reported by committee to fall within the purview of a 30 day session

  2. 2026-02-04 New Mexico Legislature

    Sent to SCC - Referrals: SCC/STBTC/SJC

  3. New Mexico Legislature

    Action Postponed Indefinitely

Official Summary Text

SAFETY HELMETS AS NEGLIGENCE

Current Bill Text

Read the full stored bill text 
SB0312

SENATE BILL 312

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

INTRODUCED BY

Antoinette Sedillo Lopez

AN ACT

RELATING TO MOTOR VEHICLES; ELIMINATING A PROVISION OF LAW THAT
FAILURE TO WEAR A SAFETY HELMET SHALL NOT CONSTITUTE
CONTRIBUTORY NEGLIGENCE; REPEALING SECTIONS 32A-24-5 AND
66-3-1010.4 NMSA 1978 (BEING LAWS 2007, CHAPTER 66, SECTION 5
AND LAWS 2005, CHAPTER 325, SECTION 12) TO ELIMINATE PROVISIONS
THAT FAILURE TO USE A SAFETY HELMET SHALL NOT CONSTITUTE FAULT
OR NEGLIGENCE AND SHALL NOT LIMIT OR APPORTION DAMAGES.

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

SECTION 1.
Section 66-7-356 NMSA 1978 (being Laws 1978,
Chapter 35, Section 460, as amended) is amended to read:

"66-7-356. MANDATORY USE OF PROTECTIVE HELMETS.--

A. No person under the age of eighteen shall
operate a motorcycle unless the person is wearing a safety
helmet that is securely fastened on the person's head in a
normal manner as headgear and that meets the standards
specified by the secretary. The secretary shall adopt rules
and regulations establishing standards covering the types of
helmets and the specifications therefor and shall establish and
maintain a list of approved helmets meeting the standards and
specifications of the secretary. 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 driver'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 secretary.

[
B. Failure to wear a safety helmet as required in
this section shall not constitute contributory negligence.

C.
]
B.
Autocycles are exempted from the helmet
provisions of this section."

SECTION 2.
REPEAL.--Sections 32A-24-5 and 66-3-1010.4
NMSA 1978 (being Laws 2007, Chapter 66, Section 5 and Laws
2005, Chapter 325, Section 12) are repealed.

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