Summary:

 Senate Bill 462 (SB 462):  This proposed legislation modernizes the definition of recreational off-highway vehicles by expanding weight and removing displacement limits.  The proposal also streamlines registration by removing reciprocity, requiring most nonresident owners to register or get a permit in New Mexico.  The bill also Enhances Safety & Oversight through consistent enforcement of noise standards, helmet requirements for minors, and robust departmental programs.  Improves responsiveness to the growing off-highway motor vehicle industry, ensuring adequate funds for trail safety, enforcement, and public education.  These amendments seek to reduce confusion for off-highway motor vehicle users, close regulatory gaps, and protect public safety, private property, and the environment, while also supporting recreational and tourism-related opportunities in New Mexico. 
 

Legislation Overview:

 Senate Bill 462 (SB 462): These changes are intended to align the law with modern off-highway motor vehicle technology, streamline registration rules (including nonresident permits), and enhance safety and enforcement measures.
•	Revised Definitions (Section 66-3-1001.1)
•	Recreational Off-Highway Vehicle (ROV)
•	The unladen dry weight limit increases to under 3,500 pounds (previously capped at 1,750 pounds).
•	The engine displacement restriction is removed (the law no longer sets an upper limit on displacement).
•	Overall vehicle width remains less than 80 inches.
•	Must have non-straddle seating, a steering wheel, and a top speed over 35 mph.
•	Must include a 17-character vehicle identification number.
Other Vehicles:
•	The Department of Game and Fish is empowered to add new classes of off-highway vehicles through rulemaking as they appear on the market.
Adjustments to Registration and Nonresident Permits (Section 66-3-1004)
Registration Fees:
•	No change to the base fees ($17 + up to $40 off-highway user fee), which are split between covering administrative costs and the Trail Safety Fund.
Removal of Reciprocity
•	Out-of-state owners must obtain a New Mexico nonresident permit even if they have an off-highway vehicle registration or permit from another state.
•	This eliminates a previous exemption allowing vehicles “currently in compliance” with another state’s OHV registration laws to avoid New Mexico’s fees.
Nonresident Permit Options
•	Either a two-year permit ($17 + up to $40 off-highway user fee) or a 90-day permit for $17 (no additional off-highway user fee for the 90-day permit).
•	Two-year permits must be renewed every two years.
Fee Collection Sites
•	The Department of Game and Fish, in conjunction with other agencies, may set up sites to issue permits and collect fees for both residents and nonresidents.
Operation and Safety Requirements (Section 66-3-1010.3)
General Prohibitions:
•	Reinforces that it is unlawful to operate an off-highway motor vehicle carelessly, under the influence of alcohol or drugs, or in a manner that negatively affects livestock, agricultural activities, or other recreationists.
Noise Limit:
•	Off-highway motor vehicles must not exceed 96 decibels, measured using established procedures.
Proof of Registration:
•	Operators must carry registration (or a nonresident permit) while riding.
Minors:
•	Continues the requirement for minors under 18 to wear helmets and have an off-highway motor vehicle safety permit, with restrictions on carrying passengers.
Departmental Powers and Duties (Section 66-3-1018)
Rule Updates:
•	The Department of Game and Fish (department) is required to keep pace with industry changes (e.g., new or larger off-highway vehicle models).
Enforcement Strategy:
•	The department will coordinate with law enforcement to ensure compliance with off-highway operating laws, including addressing agricultural and private property concerns.
Education and Safety Programs:
•	The department continues to develop statewide training, certification, and educational initiatives about safe and responsible off-highway motor vehicle use.
Signage and Data Collection:
•	The department may collaborate with relevant agencies to create or update signage, information systems, and to gather use and impact data to inform policy decisions.
 

Current Law:

 The 2017 amendment, effective July 1, 2017, removed the requirement that a helmet be used by adults driving or riding off-highway vehicles on paved roads, limited the requirement to operators under eighteen years of age, and provided that any operator using an off-highway motor vehicle on a paved street or highway shall be subject to the requirements and penalties of the Motor Vehicle Code; in Subsection A, Paragraph A(2), after "B, C", deleted "or", and after "D", added "or E"; in Subsection C, Paragraph C(3), after "operator has", deleted "a", after "valid driver’s", deleted "license, instruction permit or provisional license and an off-highway motor vehicle safety permit" and added "licenses or permits as required under the Motor Vehicle Code and off-highway motor vehicle safety permits as required under the Off-Highway Motor Vehicle Act", in Paragraph C(5), after "vehicle is", deleted "wearing" and added "using", and after "protection", deleted "and" and added "that complies with the Off-Highway Motor Vehicle Act; and", added paragraph designation "(6)", and in Paragraph C(6), added "if 
the operator is under eighteen years of age, the operator is wearing", and after "that", deleted "comply" and added "complies"; and added a new Subsection D and redesignated the succeeding subsections accordingly.