Chapter 66 — Chapter 66

operations. A. As used in this section: (1) "foreign commercial motor carrier vehicle" means a commercial motor carrier vehicle as defined in Subsection C of Section 65-1-2 NMSA 1978 that is titled and licensed in a jurisdiction other than New Mexico; (2) "registrant" means the p…

operation. Autocycles shall be registered as motorcycles and proof of financial responsibility may characterize them as motorcycles, but a driver shall not be required to have a motorcycle endorsement to operate an autocycle. History: Laws 2015, ch. 53, § 1.

registration, registration plate and validation sticker; release of lien; odometer statement. A. The department, upon registration of a vehicle, shall issue a certificate of title and evidence of registration; an odometer statement may appear on one or both of these documents. B.…

title; transfer of ownership. A. It is unlawful for a person to sell or otherwise convey ownership of a salvage or nonrepairable vehicle unless the certificate of title or ownership is branded or a comparable title, certificate or ownership document has been issued by another sta…

Sections 66-3-1001 through 66-3-1016 [and 66-3-1017 to 66-3-1020] NMSA 1978 may be cited as the "Off-Highway Motor Vehicle Act". History: 1953 Comp., § 64-3-1001, enacted by Laws 1978, ch. 35, § 197; 1985, ch. 189, § 1.

As used in the Off-Highway Motor Vehicle Act: 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 saf…

ANNOTATIONS Repeals. — Laws 1990, ch. 120, § 45 repealed 66-3-1002 NMSA 1978, as amended by Laws 1985, ch. 189, § 2, relating to definitions, effective July 1, 1990. For provisions of former section, see the 1989 NMSA 1978 on NMOneSource.com. For present comparable provisions, se…

Unless exempted from the provisions of the Off-Highway Motor Vehicle Act, 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 stic…

History: Laws 2017, ch. 70, § 2; 66-3-1003.1 recompiled as 66-3-424.36 by compiler.

renewal; distribution of fees. Fees shall be collected and distributed as follows: A. the fees for registering an off-highway motor vehicle are: (1) seventeen dollars ($17.00) for each off-highway motor vehicle, of which five dollars ($5.00) is appropriated to the division to def…

History: Laws 2005, ch. 325, § 4; 2007, ch. 319, § 37; repealed by Laws 2009, ch. 53, § 15.

The provisions of the Off-Highway Motor Vehicle Act 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 politica…

The division may refuse registration or issuance of a certificate of title or any transfer of a registration certificate if: A. the division has reasonable grounds to believe that the application contains any false or fraudulent statement or that the applicant has failed to furni…

A certificate of title issued by the division for an off-highway motor vehicle shall be received as prima facie evidence of the ownership of the off-highway motor vehicle named in the certificate and as prima facie evidence of all liens and encumbrances against the off-highway mo…

The division, upon registering an off-highway motor vehicle, shall issue to the owner validating stickers as provided in Section 66-3-14 NMSA 1978. History: 1953 Comp., § 64-3-1008, enacted by Laws 1978, ch. 35, § 204; 1985, ch. 189, § 8; 2005, ch. 325, § 8.

ANNOTATIONS Repeals. — Laws 1991, ch. 160, § 22 repealed 66-3-1009 NMSA 1978, as enacted by Laws 1978, ch. 35, § 205, relating to dealer demonstration certificates, effective July 1, 1991. For provisions of former section, see the 1990 NMSA 1978 on NMOneSource.com.

of the plate and registration number on another vehicle. A. When the owner of a registered vehicle sells, transfers or assigns the owner's title to or interest in, and delivers the possession of, the vehicle to another, the registration of the vehicle shall expire. The previous o…

are not sales nor create security interests. Notwithstanding any other provision of law, in the case of motor vehicles or trailers that are leased, except for those motor vehicles or trailers leased for personal, family or household purposes, a lease transaction does not create a…

Drivers of off-highway motor vehicles are not required to be licensed. History: 1953 Comp., § 64-3-1010, enacted by Laws 1978, ch. 35, § 206; 1985, ch. 189, § 10.

approval and certification. A. An off-highway motor vehicle safety training organization that offers and conducts an off-highway motor vehicle safety training course shall be approved and certified by the department. Applicants for approval and certification shall submit an appli…

requirements; issuance. 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 trai…

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 p…

Failure by a passenger or driver to use a safety helmet while on an off-highway motor vehicle shall not in any instance constitute fault or negligence and shall not limit or apportion damages. History: Laws 2005, ch. 325, § 12.

information. A dealer selling off-highway motor vehicles shall distribute information provided by the department to off-highway motor vehicle purchasers on state laws, environmental and cultural considerations, customs, safety requirements, training programs, operating characteri…

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 …

highway. A. Off-highway motor vehicles issued a validating sticker or nonresident permit may be driven adjacent to a highway, yielding to all vehicles entering or exiting the highway, in a manner so as not to interfere with traffic upon the highway, only for the purpose of gainin…

A. A landowner shall not be held liable for damages arising out of off-highway motor vehicle-related accidents or injuries occurring on the landowner's lands in which the landowner is not directly involved unless the entry on the lands is subject to payment of a fee. B. It is unl…

The driver of an off-highway motor vehicle involved in an accident resulting in injuries to or the death of a 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 …

A wildlife conservation officer, state police officer or peace officer of this state or any of its political subdivisions, upon displaying the officer's badge of office, has the authority to enforce the provisions of the Off-Highway Motor Vehicle Act and may: A. require an off-hi…

History: 1953 Comp., § 64-3-1016, enacted by Laws 1978, ch. 35, § 212; 1985, ch. 189, § 16; repealed by Laws 2009, ch. 53, § 15.

members; compensation. A. The "off-highway motor vehicle advisory board" is created to advise the department on matters related to administration of the Off-Highway Motor Vehicle Act. The board shall consist of the following seven members appointed by the governor: (1) one landow…

A. The department shall cooperate with appropriate federal agencies, public and private organizations and corporations and local government units to implement the provisions of the Off-Highway Motor Vehicle Act. B. The department: (1) shall accept and evaluate all applications fo…

A. The "trail safety fund" is created in the state treasury. The fund is a nonreverting fund and consists of revenues from off-highway motor vehicle registration and user fees, grants and donations. No more than thirty percent of the fund may be used for administrative overhead, …

The owner shall endorse an assignment and warranty of title upon the certificate of title for such vehicle with a statement of all liens or encumbrances thereto, and he shall deliver the certificate of title to the purchaser or transferee at the time of delivering the vehicle. Hi…

A. A person who violates the provisions of the Off-Highway Motor Vehicle Act 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 violatio…

In addition to reporting to the legislative finance committee pursuant to the performance review and budgeting process, the department shall report to the appropriate interim committee appointed by the New Mexico legislative council on the status of implementation of the Off-High…

certificate of title; time period; penalty. A. Except as otherwise provided by law, the transferee before operating or permitting the operation of the vehicle or boat on a highway or waterway shall present to the division the certificate of registration and the properly assigned …

transfer of registration. A. When the owner of a registered vehicle assigns title or interest to the vehicle, the registration of that vehicle expires, unless the vehicle is registered for an extended registration period and the owner applies to have the registration number assig…

A. Whenever the title or interest of an owner in or to a registered vehicle shall pass to another by operation of law, as upon inheritance, bequest, order in bankruptcy or insolvency, execution sale, repossession upon default in performance in the terms of a lease or executory sa…

The owner of a vehicle who has made a bona fide sale or transfer of his title or interest, and who has delivered possession of such vehicle and the certificate of title properly assigned to the purchaser or transferee, shall not be liable for any damages thereafter resulting from…

application for registration; penalty; mileage of vehicle. A. Any seller or transferor, including a dealer, of a vehicle required to be registered pursuant to the Motor Vehicle Code [66-1-1 NMSA 1978] shall furnish to the purchaser upon delivery the necessary title properly assig…

When the transferee of a vehicle is a dealer who holds the vehicle for resale and does not drive the vehicle or permit it to be driven upon the highways, the dealer shall not be required to obtain transfer of registration of the vehicle or forward the certificate of title to the …

A dealer licensed under the Motor Vehicle Code [66-1-1 NMSA 1978] may guarantee the title to a specially constructed or reconstructed vehicle for which no title exists, and may guarantee the title of any vehicle for which the certificate of title cannot be obtained. Such guarante…

certificates of title. Any owner of a vehicle required to be registered under the provisions of Section 66- 3-1 NMSA 1978, who is unable to comply with the registration requirements of Section 66-3-4 NMSA 1978 for the reason that the vehicle is registered and titled in another st…

certificate. A. The division upon receipt of a properly endorsed certificate of title, current registration evidence and proper application for registration or transfer of registration accompanied by the required fee and when satisfied as to the genuineness and regularity of the …

of Motor Vehicle Code. 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 driver's license of any class or permit…

operator requirements; applicability; penalties. A. An electric personal assistive mobility device shall be equipped with: (1) front, rear and side reflectors; (2) a braking system that enables the operator to bring the device to a controlled stop; and (3) if operated at any time…

A. A neighborhood electric car shall be equipped with head lamps, stop lamps, front and rear turn signal lamps, tail lamps, reflex reflectors, a parking brake, at least one interior and one exterior rear view mirror, a windshield, windshield wipers, a speedometer, an odometer, br…

Any person holding a lien or encumbrance upon a vehicle, other than a lien dependent solely upon possession, may assign his title or interest in or to such vehicle to a person other than the owner without the consent of, and without affecting the interest of such owner or the reg…

A person holding a lien or encumbrance as shown upon a certificate of title for a vehicle may release such lien or encumbrance or assign his interest to the owner without affecting the registration of said vehicle. The division, upon receiving a certificate of title upon which a …