New Mexico's Off-Highway Motor Vehicle Act defines an off-highway motor vehicle as a motor vehicle designed by the manufacturer for operation exclusively off the highway or road, and it includes an off-highway motorcycle: a motor vehicle traveling on not more than two tires, with a seat designed to be straddled by the operator and handlebar-type steering control. The Motor Vehicle Code defines a motor vehicle as every vehicle that is self-propelled and every vehicle that is propelled by electric power obtained from batteries or from overhead trolley wires, but not operated upon rails, including an electric mobility device, but not including an electric-assisted bicycle.
Unless exempted from the Off-Highway Motor Vehicle Act, a person must not operate an off-highway motor vehicle unless it has been registered under Chapter 66, Article 3, and the owner must affix the validating sticker. "Off-highway motor vehicle" is a defined term that includes an off-highway motorcycle, a motor vehicle traveling on not more than two tires. The Act sets fees for a nonresident permit, either a two-year permit or a ninety-day permit, except for an off-highway vehicle currently in compliance with another state's off-highway vehicle registration, user fee or similar law or rule, shown by a certificate of registration, permit or similar evidence. The Act does not apply to persons who operate off-highway motor vehicles on privately held lands, or to off-highway motor vehicles that are: owned and operated by an agency of the United States, the state or a political subdivision; operated exclusively on privately held lands, provided the appropriate tax or fee has been paid in lieu of registration fees; owned by nonresidents and used in the state only for organized and endorsed competition, not on a rental basis; brought in by manufacturers or distributors for wholesale and not used for demonstrations; held by dealers as stock-in-trade and not used for demonstration; farm tractors, special mobile equipment or off-highway motor vehicles being used for agricultural operations; or used exclusively on private closed courses, provided any applicable excise tax and registration fees are paid and current.
A person under 18 must not operate 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. "Off-highway motor vehicle" is a defined term that includes an off-highway motorcycle, a motor vehicle traveling on not more than two tires. The Act does not apply to persons who operate off-highway motor vehicles on privately held lands.
A person under 18 must not operate an off-highway motor vehicle without an off-highway motor vehicle safety permit or while carrying a passenger. A person under 18 is required to successfully complete, with parental permission, an off-highway motor vehicle safety training course conducted by an organization approved and certified by the department, and receives the safety permit on completing it. A person at least 10 but under 18 must not operate an off-highway motor vehicle unless visually supervised at all times by a parent, legal guardian or a person over 18 who has a valid driver's license; that does not apply to a person at least 13 with a valid motorcycle license and safety permit, or at least 15 with a valid driver's license, instructional permit or provisional license and safety permit. A person under 10 must not operate an off-highway motor vehicle unless, in the statute's words, "the all-terrain vehicle or recreational off-highway vehicle is an age-appropriate size-fit vehicle established by rule of the department" and the person is visually supervised at all times by a parent, legal guardian or instructor of a safety training course certified by the department. "Off-highway motor vehicle" is a defined term that includes an off-highway motorcycle, a motor vehicle traveling on not more than two tires. The Act does not apply to persons who operate off-highway motor vehicles on privately held lands.
A person must not operate an off-highway motor vehicle on a limited access highway or freeway at any time, or on a paved street or highway except as Subsection B, C, D or E of the section provides. "Off-highway motor vehicle" is a defined term that includes an off-highway motorcycle, a motor vehicle traveling on not more than two tires. Off-highway motor vehicles may cross streets or highways, other than limited access highways or freeways, after coming to a complete stop before entering the roadway; they must yield the right of way to oncoming traffic, begin a crossing only when it can be executed safely, and cross in the most direct manner as close to a perpendicular angle as possible. Subsection C, on operation on a paved street or highway when authorized by ordinance or resolution of a local authority or the state transportation commission, is written for a recreational off-highway vehicle or an all-terrain vehicle. Any operator using an off-highway motor vehicle on a paved street or highway is subject to the Motor Vehicle Code's requirements and penalties for operators of moving and parked vehicles, except for sections in conflict with the Act's licensing and equipment requirements. A person must not operate an off-highway motor vehicle on land owned, controlled or administered by the state game commission (the compiler's bracket reads "state wildlife commission") except as specifically allowed under Chapter 17, Article 6, or on land owned, controlled or administered by the state parks division except in areas designated by and permitted by rules adopted by the secretary of energy, minerals and natural resources.
An electric-assisted bicycle is a vehicle having two or three wheels, fully operable pedals and an electric motor, in one of three classes, each with a motor not exceeding 750 watts. Class 1 and class 3 assist only when the rider is pedaling and cease at 20 and 28 miles per hour respectively; class 2 assists whether or not the rider is pedaling and ceases at 20 miles per hour. A two- or three-wheel vehicle with an electric motor for propulsion that does not meet that definition and is capable of exceeding 20 miles per hour on motor power alone is an electric mobility device.
This page restates state law in plain words and links the text it came from. It is not legal advice. Cities, counties and the agencies that manage federal land (the Bureau of Land Management and the Forest Service) add rules of their own, so check with whoever manages the ground you plan to ride.
