Summary:

 Senate Bill 472 (SB 472):  This legislation expands local and county control over where ROVs and ATVs may operate on paved roads. By passing an ordinance or resolution, local or county governments can decide whether to permit off-highway vehicles on public roads within their jurisdiction—provided they meet safety, equipment, and licensing standards. 

Legislation Overview:

 Senate Bill 472 (SB 472): Local & County Authority: Instead of requiring approval from the state transportation commission, a local or county elected authority can pass an ordinance or resolution allowing recreational off-highway vehicles (ROVs) and all-terrain vehicles (ATVs) to legally operate on paved streets and highways within their political boundaries. 
Requirements for Operation on Paved Roads - To be operated on a paved street or highway, an ROV or ATV must:
•	Lights: Have at least one headlight and one taillight (meeting Off-Highway Motor Vehicle Act standards).
•	Equipment: Be equipped with brakes, mirrors, and mufflers.
•	Licensing: The driver must have a valid driver’s license or permit (per the Motor Vehicle Code) and the necessary off-highway safety permit (as required by the Off-Highway Motor Vehicle Act).
•	Insurance: The operator must carry liability insurance (meeting Mandatory Financial Responsibility Act requirements).
•	Eye Protection: If the person is not using a windshield, the operator must use eye protection (per Off-Highway Motor Vehicle Act rules).
•	Helmet Requirement (Under 18): Any operator under age 18 must wear a safety helmet that complies with the Off-Highway Motor Vehicle Act.
Speed Limits & Operating Restrictions:
•	Separate Rules: A local or county authority may also set unique speed limits or other operating restrictions for off-highway vehicles on paved roads, in addition to or instead of standard motor vehicle rules.
Compliance with Motor Vehicle Code:
•	Except where they conflict with licensing and equipment requirements of the Off-Highway Motor Vehicle Act, operators who drive ROVs or ATVs on paved roads must follow the same traffic laws and face the same penalties as other drivers under the Motor Vehicle Code (e.g., obeying speed limits, traffic signals).
Unchanged Prohibitions:
•	No Operation on Limited-Access Highways or Freeways: Off-highway motor vehicles still cannot be operated on interstate highways or other restricted roads.
•	Crossing Roadways: Operators may still cross streets or highways (other than freeways) in a safe, perpendicular manner after coming to a complete stop.
•	Operation on State Game Lands & State Parks: Remains subject to existing restrictions under state game commission and state parks rules.
 

Current Law:

 66-3-1011. Operation on streets or highways; prohibited areas. 
A. A person shall not operate an off-highway motor vehicle on any:  
(1) (2) this section.  limited access highway or freeway at any time; or  
paved street or highway except as provided in Subsection B, C, D or E of 
B. Off-highway motor vehicles may cross streets or highways, except limited access highways or freeways, if the crossings are made after coming to a complete stop prior to entering the roadway. Off-highway motor vehicles shall yield the right of way to oncoming traffic and shall begin a crossing only when it can be executed safely and hen cross in the most direct manner as close to a perpendicular angle as possible.  C. If authorized by ordinance or resolution of a local authority or the state transportation commission, a recreational off-highway vehicle or an all-terrain vehicle may be operated on a paved street or highway owned and controlled by the authorizing entity if:  (1) the vehicle has one or more headlights and one or more taillights that comply with the Off-Highway Motor Vehicle Act;  (2) (3) the vehicle has brakes, mirrors and mufflers;  the operator has valid driver's 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;  (4) 
the operator is insured in compliance with the provisions of the Mandatory Financial Responsibility Act [66-5-201 to 66-5-239 NMSA 1978];  (5) the operator of the vehicle is using eye protection that complies with the Off-Highway Motor Vehicle Act; and  (6) if the operator is under eighteen years of age, the operator is wearing a safety helmet that complies with the Off-Highway Motor Vehicle Act.  D. Except for sections of the Motor Vehicle Code that are in conflict with the licensing and equipment requirements of the Off-Highway Motor Vehicle Act, any operator using an off-highway motor vehicle on a paved street or highway shall be subject to the requirements and penalties for operators of moving and parked vehicles under the Motor Vehicle Code.  E. By ordinance or resolution, a local authority or state transportation commission may establish separate speed limits and operating restrictions for off-highway vehicles where they are authorized to operate on paved streets or highways pursuant to Subsection C of this section.  F. A person shall not operate an off-highway motor vehicle on state game commission-owned, -controlled or -administered land except as specifically allowed pursuant to Chapter 17, Article 6 NMSA 1978.  G. A person shall not operate an off-highway motor vehicle on land owned, controlled or administered by the state parks division of the energy, minerals and natural resources department, pursuant to Chapter 16, Article 2 NMSA 1978, except in areas designated by and permitted by rules adopted by the secretary of energy, minerals and natural resources.  H. Unless authorized, a person shall not:  (1) remove, deface or destroy any official sign installed by a state, federal, local or private land management agency; or  (2) install any off-highway motor vehicle-related sign.  
History: 1953 Comp., § 64-42-11, enacted by Laws 1975, ch. 240, § 11; recompiled as 1953 Comp., § 64-3-1011, by Laws 1978, ch. 35, § 207; 1985, ch. 189, § 11; 2005, ch. 325, § 14; 2009, ch. 53, § 7; 2016, ch. 91, § 1; 2017, ch. 70, § 4.