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Laws & Rules

OPERATOR REQUIREMENTS

Prohibited Uses

It is illegal to operate an OHV on public lands:

  • Under the influence of alcohol and drugs.
  • Recklessly, carelessly or negligently endangering people or property.
  • To chase or harass wildlife or domestic animals.
  • To harm livestock or interfere with agriculture.
  • After dark without a headlight and taillight.
  • That makes noise exceeding 96 db that lacks a spark arrester or is not registered.
  • Where prohibited by local, state or federal law.
  • On paved roads, unless authorized by a local ordinance or resolution, with a New Mexico Paved Road Permit ($7) or out-of-state street registration plate or decal.

    OHV Act Rules, Fines, & Accident Form

    Safety Requirements for Operators and/or Passengers Under 18

    Operators under 18 must:

    • Take a certified OHV course and carry proof of completion (a “safety permit”) while operating an OHV.
    • Wear a securely fastened DOT or ECE-approved helmet.
    • Wear approved protective eyewear (goggles, safety glasses or helmet with a face shield).
    • Never carry a passenger, even on OHVs designed for more than one person.

    Be visually supervised when operating an OHV, unless:

    • Age 13 and above with a valid motorcycle license.
    • Age 15 and above with a valid driver’s license.

    Riders Under 6:

    • Shall NOT operate an ATV or ROV on public land.

    Passengers must:

    • Wear a securely fastened DOT or ECE-approved helmet.
    • Wear approved protective eyewear (goggles, safety glasses or helmet with a face shield).

    This information is not to be used as a substitute for New Mexico Statutes 66-3-1001 to 66-3-1021 or Title 18, Chapter 15, Part 3 of the New Mexico Administrative Code. It is intended to provide basic information regarding the requirements for OHVs and users. It is your responsibility to know the law.

    PENALTY ASSESSMENTS

    Penalty assessments for citations under the OHV Act can be up to $400 for repeated violations.
    A parent, guardian or custodian who causes or knowingly permits a child under the age of 18 to operate an OHV in violation of the provisions of the OHV Act is in violation and subject to the same penalty as the child operating the OHV.


    VEHICLE REQUIREMENTS

    In addition to current and valid registration, all OHVs operated on public lands must meet these requirements.

    See and be seen. Any OHV operated under conditions of reduced visibility, such as darkness, must be equipped with:

    • One or more headlight(s) powerful enough to see objects at least 150 feet ahead.
    • At least one taillight bright enough to be seen at 200 feet away under normal conditions.

    To reduce fire risk any OHV must also have:

    • A U.S. Forest Service-approved spark arrester is required to ride on public land.
    • The muffler on your off-highway vehicle should have a stamp showing U.S. Forest Service approval as shown below.

    LOCAL ORDINANCES AND RESOLUTIONS FOR PAVED ROAD USE

    Local ordinances & resolutions for paved road use and how it works:
    • With the passing of New Mexico Senate Bill 270 during the 2016 state legislative session, local authorities and the State Transportation Commission have the authority to pass ordinances or resolutions to designate certain paved roads as open to ATV or ROV travel within their respective communities. It is unlawful to operate an OHM (Off-Highway Motorcycle, dirt bike, etc.) or Snowmobile on paved roads, regardless of local ordinance/resolution.
    • Ordinances/resolutions may authorize ATVs (All Terrain Vehicles, four-wheelers, quads, etc.) or ROVs (side-by-sides) travel on roads owned and controlled by the corresponding authorizing entity. Municipal ordinances/resolutions only cover the municipal roads owned by the municipality. County ordinances/resolutions only cover roads owned by the county, but cannot cover roads inside of city limits of municipalities within the respective county.
    • Interstates, US Highways & State Highways within municipalities and counties with an ordinance/resolution are not open to OHV travel. This is because Municipal and County ordinances/resolutions do not have the authority to allow for OHV travel on highways, since these local entities do not own and control highways.
    • Only a resolution from the New Mexico Department of Transportation (NMDOT) State Transportation Commission can authorize OHV travel on a highway. These resolutions can open a specific portion of a State Highway for ROVs only (no ATVs, OHMs or Snowmobiles) and must have signage indicating where the ROV route begins and ends. Unless posted as a designated ROV route from this process through NMDOT’s State Transportation Commission, it is unlawful to operate on a highway regardless of any Municipal or County ordinance/resolutions.
    • The Department is maintaining a list of links to local ordinances/resolutions as we become aware of them for your convenience (see below). If you intend to operate an ATV or ROV on a paved road, it is your responsibility to inquire with the local authority where you wish to ride to see if such use is allowed in that specific area prior to operating on paved roads.
    • Unless there is an ordinance or resolution in place, it remains illegal to operate an ATV or ROV on paved roads and highways!
    Please remember that state law requires that:
    • Only ATVs and ROVs (side-by-sides, SxS) can be operated on specific paved roads within communities only as authorized by passage of a local ordinance or State Transportation Commission resolution allowing such use. Off-highway motorcycles (OHMs, dirt bikes, etc.) and Snowmobiles are prohibited from paved road use at all times.
    • Any adult ATV or ROV operator driving on a paved road where a local ordinance allows such use shall wear eye protection, have a driver’s license and proof of financial responsibility (liability insurance). All operators under the age of 18 must wear helmets and eye protection, be licenses, and have a safety permit as proof of safety training when operating any OHV. 
    • Non-residents whose ATVs and/or ROVs comply with the paved road vehicle requirements in New Mexico and display a valid paved road use registration decal or plate from their home state are not required to purchase a New Mexico non-resident paved road use decal. 
    • Please refer to the state OHV laws and rules for complete requirements. Local authorities can enact and enforce further restrictions as long as they do not conflict with state law. Local ordinances vary; please refer to the list below to learn what is authorized under each respective ordinance if you intend to operate on paved roads where authorized in those communities. For example, ordinances may allow ROVs but not ATVs, restrict hours of operation, restrict minimum age to operate on paved roads, or require additional equipment to be installed on your machine. 
    It is the responsibility of any OHV operator to know the state and local laws and rules before riding!

    OHV USE ON PAVED ROADS MAP

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    Counties:

     

    Municipalities: