§ 10.04.070. Section 12-7-9.9 Operation and Equipment—Safety Requirements.

12-7-9.9 OPERATION AND EQUIPMENT—SAFETY REQUIREMENTS.

 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 pursuit of and with intent to hunt or take a species of animal or bird protected by law unless otherwise authorized by the state game commission;

  (4) in pursuit of or harassment of livestock in any manner that negatively affects the livestock's condition;

  (5) on or within an earthen tank or other structure meant to water livestock or wildlife, unless the off-highway motor vehicle is on a route designated by the landowner or land management agency as an off-highway motor vehicle route:

  (6) in a manner that has a direct negative effect on or interferes with persons engaged in agricultural practices;

  (7) in excess of ten miles per hour within two hundred feet of a business, animal shelter, horseback rider, bicyclist, pedestrian or occupied dwelling, unless the person operates the vehicle on a closed course or track or a public roadway;

  (8) unless in possession of the person's registration certificate or nonresident permit;

  (9) unless the vehicle is equipped with a spark arrester approved by the United States forest service; provided that a snowmobile is exempt from this provision;

  (10) when conditions such as darkness limit visibility to five hundred feet or less, unless the vehicle is equipped with:

   (a) one or more headlights of sufficient candlepower to light objects at a distance of one hundred fifty feet; and

   (b) at least one taillight of sufficient intensity to exhibit a red or amber light at a distance of two hundred feet under normal atmospheric conditions; or

  (11) that produces noise that exceeds ninety-six decibels when measured using test procedures established by the society of automotive engineers pursuant to standard J-1287; or

  (12) where off-highway motor vehicle traffic is prohibited under local, state or federal rules or regulations.

 B. A person under the age of eighteen shall not operate an off-highway motor vehicle:

 (1) 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;

 (2) without an off-highway motor vehicle safety permit; or

 (3) while carrying a passenger.

 C. A person under the age of eighteen but at least ten years of age shall not operate an off-highway motor vehicle unless the person is visually supervised at all times by a parent, legal guardian or a person over the age of eighteen who has a valid driver's license. This subsection shall not apply to a person who is at least:

  (1) thirteen years of age and has a valid motorcycle license and off- highway motor vehicle safety permit; or

  (2) fifteen years of age and has a valid driver's license, instructional permit or provisional license and off-highway motor vehicle safety permit.

 D. A person under the age of ten shall not operate an off-highway motor [vehicle.]

  (1) the all-terrain vehicle 6r recreational off-highway vehicle is an age-appropriate size-fit vehicle established by rule of the department; and

  (2) the person is visually supervised at all times by a parent, legal guardian or instructor of a safety training course certified by the department.

 E. An off-highway motor vehicle may not be sold or offered for sale if the vehicle produces noise that exceeds ninety-six decibels when measured using test procedures established by the society of automotive engineers pursuant to standard J- 1287. This subsection shall not apply to an off-highway motor vehicle that is sold or offered for sale only for organized competition. (66-3-1010.3 NMSA 1978)

(Ord. No. 2099-2018, § 2, 1-14-18).