ATV Riding Laws – New Mexico

Titling is required for all ATVs in New Mexico. The Off-Highway Motor Vehicles Act (OHVA), Chapter 66 of the New Mexico statutes regulates the use of all classes of off-road vehicles operating on both private and public property within the state. The provisions of the Act are regulated by the New Mexico State Police.

Summary of State Laws

The Off-Highway Motor Vehicles Act makes the following provisions for ATV use:

  • A certificate of title must be issued for all ATVs but they are not required to be licensed.
  • All ATVs must be registered and a user fee paid for use on public land. Registration must be renewed every two years.
  • An all-terrain vehicle is prohibited from traveling on paved streets, except for the purpose of crossing them.
  • Children under the age of 10 are only permitted to ride age-appropriate ATVs.
  • Riders younger than 18 must have a safety certificate and be supervised in most circumstances.
  • Persons under the age of 18 are not permitted to carry passengers.
  • During the hours of darkness, or when visibility is limited, an ATV must operate with lighted headlight and taillight.

Exemptions from the Act

The provisions of the OHVA do not apply to ATV owners who ride their vehicles on private lands exclusively. Other classes of ATV that are exempt from the Act are those:

  • Owned by the federal or state government or a political entity of New Mexico.
  • Owned by non-residents and brought into the state for competitions.
  • Kept in inventory by dealers.
  • Used for agricultural purposes.
  • Used exclusively on private courses.

Safety Regulations

Under the OHVA, an all-terrain vehicle rider may not:

  • Endanger a person or property by driving recklessly or negligently.
  • Operate the vehicle under the influence of alcohol or drugs.
  • Hunt or pursue protected game or wildlife.
  • Exceed a speed limit of 10mph within 200 feet of a pedestrian, horseback rider, bicyclist, animal shelter, business or occupied dwelling.
  • Ride without a valid registration certificate or non-resident permit.
  • Operate a vehicle without a spark arrestor approved by the U.S. Forest Service.
  • Ride an ATV with a noise level that exceeds 96 decibels.

Furthermore, an all-terrain vehicle may not be operated in darkness or poor visibility unless at least one headlight is operating with enough illumination to light objects 150 feet away. The vehicle must also have a minimum of one red or amber taillight that is visible to a following vehicle from 200 feet.

Age Restrictions for ATV Operation

New Mexico imposes the following restrictions on age for ATV riders:

  • A child under 10 may not ride an ATV unless it is an age-appropriate vehicle and the child is supervised by a parent, guardian or training course instructor.
  • In general, persons younger than 18 may not ride an ATV unless they are supervised by a parent, guardian or another adult with a driver’s license. This provision does not apply if a rider is at least 13 years old and has a motorcycle license and ATV safety permit. It also does not apply to someone who is at least 15 with a driver’s license, instructional permit, and an ATV safety permit.