Chapter 66 — Chapter 66

The sale or trade and subsequent legal transfer of a motor vehicle or parts car of historic or special interest shall not be contingent upon any condition that would require the vehicle or parts car to be in operating condition at the time of sale or transfer of ownership. Histor…

Chapter 66, Article 12 NMSA 1978 may be cited as the "Boat Act". History: 1953 Comp., § 75-35-1, enacted by Laws 1959, ch. 338, § 1; 1987, ch. 247, § 4.

The exhaust of every internal combustion engine used on any motorboat shall be effectively muffled by equipment so constructed and used as to muffle the noise of the exhaust in a reasonable manner. This may include but is not limited to such devices as mufflers, exhaust restricte…

A. A person shall not operate any motorboat or vessel or manipulate any water skis, surfboard or similar device in a reckless or negligent manner so as to endanger the life or property of any person. B. A person shall not operate any vessel, not defined as a motorboat pursuant to…

A. The operator of a vessel involved in a collision, accident or other casualty, so far as he can do so without serious danger to his own vessel, crew and passengers, shall: (1) render to other persons affected by the collision, accident or other casualty such assistance as pract…

In accordance with any request duly made by an authorized official or agency of the United States, any information compiled or otherwise available to the division pursuant to Section 66-12-12B NMSA 1978 shall be transmitted to the official or agency of the United States. History:…

A. No person shall operate a vessel on any waters of this state for towing a person on water skis, a surfboard or similar device unless there is in the vessel a person in addition to the operator or a device capable of letting the oprator [operator] have an unobstructed view of t…

exhibitions. A. The division may authorize the holding of regattas, motorboat or other boat races, marine parades, tournaments or exhibitions on any waters of this state. It shall adopt and may, from time to time, amend regulations concerning the safety of motorboats and other ve…

regulations. A. The provisions of the Boat Act and of other applicable laws of this state shall govern the operation, equipment, numbering and all other matters relating thereto whenever any vessel shall be operated on the waters of this state, or when any activity regulated by t…

The owner of a vessel shall be liable for any injury or damage occasioned by the negligent operation of the vessel, whether the negligence consists of a violation of the provisions of the statutes of this state, or neglecting to observe the ordinary care and operation that the ru…

The state park and recreation division [state parks division] may promulgate regulations to carry into effect the provisions of the Boat Act. History: 1953 Comp., § 75-35-17, enacted by Laws 1959, ch. 338, § 17; 1963, ch. 45, § 6; 1977, ch. 254, § 106.

The division shall adopt safe boating education rules that require that: A. a person born after January 1, 1989 who operates a motorboat on the waters of this state shall: (1) have completed a safe boating education course that is approved by the national association of state boa…

Regulations adopted by the state park and recreation division [state parks division] pursuant to the Boat Act shall be filed as provided by law. History: 1953 Comp., § 75-35-18, enacted by Laws 1959, ch. 338, § 18; 1963, ch. 45, § 7; 1977, ch. 254, § 107.

The purpose of the Boat Act is to promote safety for persons and property in and connected with the use, operation and equipment of vessels and to promote the uniformity of laws relating thereto. History: 1953 Comp., § 75-35-2, enacted by Laws 1959, ch. 338, § 2.

The fees collected pursuant to the provisions of the Boat Act shall be deposited into the state park and recreation fund. History: 1953 Comp., § 75-35-19, enacted by Laws 1959, ch. 338, § 19; 1983, ch. 41, § 3; 1997, ch. 125, § 10; 2024, ch. 59, § 8.

All money collected as fines for the violation of the provisions of the Boat Act, and regulations of the state park and recreation division [state parks division] made pursuant thereto, shall be paid for credit to the current school fund of the state. History: 1953 Comp., § 75-35…

The director, park custodians and other employees of the division designated in writing by the director, every sheriff in his respective county and every member of the state police has [have] full authority of a peace officer to enforce the provisions of the Boat Act and the regu…

A. Except for penalty provisions provided in Subsections B through M of this section, a person who violates a provision of the Boat Act or a rule of the division promulgated pursuant to that act is guilty of a petty misdemeanor and shall be sentenced pursuant to the provisions of…

ANNOTATIONS Repeals. — Laws 2004, ch. 76, § 2 repealed Section 66-12-24 NMSA 1978, as enacted by Laws 2003, ch. 410, § 8, concerning the penalty for a Boat Act violation, effective July 1, 2004. For provisions of former section, see the 2003 NMSA 1978 on NMOneSource.com. ARTICLE …

As used in the Boat Act: A. "vessel" means every description of watercraft, other than a seaplane on the water, used or capable of being used as a means of transportation on water; B. "motorboat" means any vessel propelled by machinery, whether or not machinery is the principal s…

A. Every motorboat which is propelled by sail or machinery operating on the waters of this state shall be numbered. No person shall operate or give permission for the operation of any motorboat on the waters of this state unless the motorboat is numbered in accordance with the Bo…

A. The owner of each motorboat requiring numbering and inspection by this state shall file an application for number with the division on forms approved by it. The application shall be signed by the owner of the motorboat and shall be accompanied by a three year registration fee …

The division shall establish and impose reasonable registration fees for the purposes of the Boat Act. History: Laws 1983, ch. 41, § 2; 1987, ch. 245, § 3.

A. Except as provided in Subsection C of this section, every owner of a boat subject to titling under the provisions of the Boat Act shall apply to the division for issuance of a certificate of title for the boat within thirty days after acquisition. The application shall be on f…

A. It is unlawful for any person to take, receive or transfer a vessel without the consent of the owner. B. It is unlawful for any person to damage, tamper with, alter or change hull identification numbers or serial numbers. History: Laws 1987, ch. 245, § 4.

origin; records. A. A dealer or manufacturer that demonstrates motorboats on the public waters of this state shall file an application for a dealer or manufacturer number. The number shall be in lieu of a certificate of number for each motorboat intended or offered for sale. B. A…

appropriation. A. An excise tax is imposed upon the sale of every boat required to be registered in the state. To prevent evasion of the excise tax imposed by this section and the duty to collect it, it is presumed that the issuance of every original and subsequent certificate of…

A. A security interest in a boat required to be titled and registered in New Mexico is not valid against attaching creditors, subsequent transferees or lienholders unless perfected as provided by this section. This provision does not apply to liens dependent upon possession. B. A…

A. The filing of an application with the division and the issuance of a new certificate of title by the division as provided in Section 66-12-5.2 NMSA 1978 constitutes constructive notice of all security interests in the boat described in the application. If the application is re…

A. The division shall prescribe and provide suitable forms of applications, certificate of title and all other forms necessary to carry out the provisions of this act. B. The division may make necessary investigations to procure information required to carry out the provisions of…

A dealer or manufacturer shall not display a dealer or manufacturer number on a motorboat that is not being operated for test or demonstration purposes. History: Laws 2003, ch. 410, § 4.

A. A person shall not engage in business as a dealer or manufacturer without obtaining a valid dealer license from the motor vehicle division of the taxation and revenue department, unless the person has a valid motor vehicle dealer license. A dealer or manufacturer shall annuall…

The motor vehicle division of the taxation and revenue department may deny, suspend or revoke a dealer license for: A. a material misrepresentation communicated by a dealer to the motor vehicle division; B. a lack of fitness as proscribed by rule of the motor vehicle division; or…

A person licensed as a dealer pursuant to the Boat Act shall file with the state parks division a bond in the amount of fifty thousand dollars ($50,000) unless there is a bond on file with the motor vehicle division of the taxation and revenue department for a motor vehicle deale…

A. Every vessel shall have aboard: (1) one life preserver, buoyant vest, ring buoy or buoyant cushion bearing the mark of approval of the United States coast guard and in serviceable condition for each person on board; (2) one oar or paddle; (3) one bailing bucket with a capacity…

The operator of a vessel being used for recreational purposes shall require a child age twelve or under who is aboard the vessel to wear a personal flotation device approved by the United States coast guard while the vessel is underway, unless the child is below deck or in an enc…

A motorboat shall not be required to be numbered under the Boat Act if it is: A. already covered by a number in force which has been awarded to it pursuant to federal law or a federally approved numbering system of another state; provided that the boat shall not have been within …

A. The owner of a boat livery shall cause to be kept a record of the name and address of the person or persons hiring any vessel which is designed or permitted by him to be operated as a motorboat, the identification number thereof, and the departure date and time, and the expect…

Chapter 66, Article 13 NMSA 1978 may be cited as the "Boating While Intoxicated Act". History: Laws 2003, ch. 241, § 1; 2025, ch. 4, § 22.

additional tests. A. Only the persons authorized by the Boating While Intoxicated Act shall withdraw blood from a person for the purpose of determining its alcohol or drug content. This limitation does not apply to the taking of samples of breath. B. The person tested shall be ad…

intoxication; mandatory charging. A. The results of a test performed pursuant to the Boating While Intoxicated Act may be introduced into evidence in a civil action or criminal action arising out of the acts alleged to have been committed by the person tested for operating a moto…

upon conviction. A. A person convicted of a violation of the Boating While Intoxicated Act shall be assessed by the court, in addition to any other fee or fine, a fee of sixty-five dollars ($65.00) to defray the costs of chemical and other tests used to determine the influence of…

The state parks division of the energy, minerals and natural resources department shall develop and implement a program to advertise and further educate the boating public about the dangers of boating while under the influence of alcohol or drugs and the penalties associated with…

As used in the Boating While Intoxicated Act: A. "bodily injury" means an injury to a person that is not likely to cause death or great bodily harm to the person, but does cause painful temporary disfigurement or temporary loss or impairment of the functions of any member or orga…

intoxicating liquor or drugs. A. It is unlawful for a person who is under the influence of intoxicating liquor to operate a motorboat. B. It is unlawful for a person who is under the influence of any drug to a degree that renders him incapable of safely operating a motorboat to o…

When a complaint or information alleges a violation of Section 3 [66-13-3 NMSA 1978] of the Boating While Intoxicated Act, any plea of guilty thereafter entered in satisfaction of the charges shall include at least a plea of guilty to the violation of one of the subsections of Se…

concentration level for boating while under the influence of intoxicating liquor or drugs. No municipal or county ordinance prohibiting the operation of a motorboat while under the influence of intoxicating liquor or drugs shall be enacted that provides for an unlawful alcohol co…

relief from civil and criminal liability. Only a physician, licensed professional or practical nurse, emergency medical technician or certified phlebotomist or a technologist employed by a hospital or physician shall withdraw blood from a person in the performance of a chemical b…

direct test except in performance of official duties. Nothing in the Boating While Intoxicated Act is intended to authorize a law enforcement officer, or a judicial or probation officer, to make an arrest or direct the performance of a chemical blood test, except in the performan…

A. A person who operates a motorboat within this state shall be deemed to have given consent, subject to the provisions of the Boating While Intoxicated Act, to chemical tests of his blood or breath or both, approved by the scientific laboratory division of the department of heal…