Chapter 66 Motor Vehicles

66-1-1. Short title

Articles 1 through 8 of Chapter 66 NMSA 1978 [except 66-7-102.1 NMSA 1978] may be cited as the “Motor Vehicle Code”.

History: 1953 Comp., § 64-1-1, enacted by Laws 1978, ch. 35, § 1.

66-1-4.15. Definitions
As defined in the New Mexico Motor Vehicle Code: [66-1-1 NMSA 1978] …
N. “roadway” means that portion of a street or highway improved, designed or ordinarily used for vehicular travel, exclusive of the berm or shoulder and in the event a highway includes two or more separate roadways, the term “roadway” refers to any such roadway separately but not to all such roadways collectively.History: 1978 Comp., § 66-1-4.15, enacted by Laws 1990, ch. 120, § 16; 2001, ch. 127, § 2.

 

Chapter 66, Article 3, Part 8 Bicycles

 

66-3-701. Bicycles; effect of regulations.
A. It is a misdemeanor for any person to do any act forbidden, or fail to perform any act required by Sections 66-3-701 through 66-3-707 NMSA 1978.

 

B. The parent of any child and the guardian of any ward shall not authorize or permit any such child or ward to violate any of the provisions of the Motor Vehicle Code.

 

C. These regulations applicable to bicycles shall apply whenever a bicycle is operated upon any highway or upon any path set aside for the exclusive use of bicycles subject to those exceptions stated herein.History: 1953 Comp., § 64-3-701, enacted by Laws 1978, ch. 35, § 100.

 

66-3-702. Traffic laws apply to persons riding bicycles.

Every person riding a bicycle upon a roadway shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of a vehicle, except as to the special regulations within Sections 66-3-701 through 66-3-707 NMSA 1978.

History: 1953 Comp., § 64-3-702, enacted by Laws 1978, ch. 35, § 101.

66-3-703. Riding on bicycles.
A. A person propelling a bicycle shall not ride other than upon or astride a permanent and regular seat attached thereto.

 

B. No bicycle shall be used to carry more persons at one time than the number for which it is designed and equipped.History: 1953 Comp., § 64-3-703, enacted by Laws 1978, ch. 35, § 102

 

66-3-704. Clinging to vehicles.

No person riding upon any bicycle, coaster, roller skates, sled or toy vehicle shall attach the same or himself to any vehicle upon a roadway.

History: 1941 Comp., § 68-2443, enacted by Laws 1953, ch. 139, § 96; 1953 Comp., § 64-19-4; recompiled as 1953 Comp., § 64-3-704, by Laws 1978, ch. 35, § 103.

66-3-705. Riding on roadways and bicycle paths.
A. Every person operating a bicycle upon a roadway shall ride as near to the right side of the roadway as practicable, exercising due care when passing a standing vehicle or one proceeding in the same direction.

 

B. Persons riding bicycles upon a roadway shall not ride more than two abreast except on paths or parts of roadways set aside for the exclusive use of bicycles.

 

C. Notwithstanding any provision of this section, no bicycle shall be operated on any roadway in a manner that would create a public safety hazard.History: 1953 Comp., § 64-3-705, enacted by Laws 1978, ch. 35, § 104; 1997, ch. 47, § 1.

 

66-3-706. Carrying articles.

No person operating a bicycle shall carry any package, bundle or article which prevents the driver from keeping at least one hand upon the handlebar.

History: 1953 Comp., § 64-3-706, enacted by Laws 1978, ch. 35, § 105.

66-3-707. Lamps and other equipment on bicycles.
A. Every bicycle when in use at nighttime shall be equipped with a lamp on the front which shall emit a white light visible from a distance of at least five hundred feet to the front and with a red reflector on the rear of a type approved by the division which shall be visible from all distances from fifty feet to three hundred feet to the rear when directly in front of lawful upper beams of head lamps on a motor vehicle. A lamp emitting a red light visible from a distance of five hundred feet to the rear may be used in addition to the red reflector.

 

B. No person shall operate a bicycle unless it is equipped with a bell or other device capable of giving a signal audible for a distance of at least one hundred feet, except that a bicycle shall not be equipped with, nor shall any person use upon a bicycle any siren or whistle.

 

C. Every bicycle shall be equipped with a brake which will enable the operator to make the brake wheels skid on dry, level, clean pavement.History: 1953 Comp., § 64-3-707, enacted by Laws 1978, ch. 35, § 106.

 

Helmet Law

32A-24-3. Helmet use requirements; civil penalty.

A. It is unlawful for a parent or legal guardian of a minor to knowingly permit that minor to operate or be a passenger on a bicycle, skates, scooter or skateboard unless that minor wears a well-fitted protective bicycle helmet, fastened securely upon the head with the straps of the helmet.
 
B. Except as provided in Subsection C of this section, a parent or legal guardian found guilty of violating Subsection A of this section shall pay a civil penalty of not more than ten dollars ($10.00). Magistrate and municipal courts shall have concurrent jurisdiction.
 
C. If a violation of Subsection A of this section is a first offense, the magistrate or municipal court may issue a verbal warning or require, in lieu of the fine imposed in Subsection B of this section, that the person found in violation provide proof that a protective helmet has been purchased for use by the minor found on the bicycle, skates, scooter or skateboard without a protective helmet.
 
D. A municipal court may issue only a verbal warning for a first or later violation.

Bikes on Highways

18.31.3.8 NMAC TRANSPORTATION MODES PROHIBITED FROM INTERSTATE HIGHWAYS
A. Equestrians, pedestrians, other non-motorized vehicles and low-power motor vehicles, such as motor scooters and all-terrain vehicles, are prohibited from using any interstate highway right-of-way for transportation or recreation purposes. Such interstate highways shall be signed appropriately.

 

B. Bicyclists are prohibited from using any interstate highway right-of-way for transportation or recreation purposes within the boundaries of cities with a population of 50,000 or more. Bicyclists are also prohibited from using any interstate highway right-of-way deemed inappropriate by the Secretary of Highways or his or her designee. Interstate highways prohibited for use by bicyclists shall be signed appropriately.

 

C. Where not otherwise prohibited, bicyclists are permitted to use interstate highways in New Mexico provided that they ride on the shoulders of the interstate highways.