Summary:

 House bill 371 (HB 371):  This legislation clarifies and expands the authority of local and county governing bodies to allow off-highway motor vehicles, such as ATVs and certain recreational vehicles, to legally operate on paved streets and highways under strict safety and licensing conditions. It continues to disallow such operation on limited access highways and freeways and preserves existing laws governing OHMV safety and equipment requirements. 

Legislation Overview:

 House bill 371 (HB 371):  The purpose of this legislation is to authorize local and county elected bodies to decide whether recreational off-highway vehicles (ROHVs) and all-terrain vehicles (ATVs) may be operated on paved streets and highways within their respective jurisdictions. While current law allows similar authorizations under certain conditions, the amendment clarifies and expands this authority to local and county governing entities, rather than solely the state transportation commission.  
1.	Section 1. Amendments to Section 66-3-1011 NMSA 1978
a.	General Prohibition - 
Continues to prohibit off-highway motor vehicles on:
Limited access highways or freeways (no exceptions).
Paved streets or highways, except as otherwise specified in the Off-Highway Motor Vehicle Act.
2.	Crossings:
Crossing Streets or Highways: Off-highway vehicles may cross non-limited-access highways under these conditions:
Come to a complete stop before entering the roadway.
Yield the right of way to oncoming traffic.
Cross in the shortest, most direct path (as close to a perpendicular angle as possible).
Local/County Authorization to Operate on Paved Roads
3.	Key Change: 
Previously, both the local authority and the state transportation commission could authorize OHMVs on paved roads under certain conditions.
Now: The amendment removes mention of the state transportation commission for local roads and explicitly allows a county or local elected authority to permit use of OHMVs on paved streets or highways within that entity’s jurisdiction.
4.	Conditions for Operation:
The vehicle must have at least one headlight and one taillight (per Off-Highway Motor Vehicle Act).
The vehicle must be equipped with brakes, mirrors, and mufflers.
The operator must have a valid driver’s license or permit and an off-highway motor vehicle safety permit (as required by law).
The vehicle must be insured in compliance with the Mandatory Financial Responsibility Act.
The operator must wear eye protection if required by the Off-Highway Motor Vehicle Act.
If the operator is under 18, the operator must wear a safety helmet.
5.	Applicability of Motor Vehicle Code:
An operator of an OHMV on a paved street or highway is subject to the same rules, regulations, and penalties applicable to other motor vehicles, except where conflicts arise with specific OHMV licensing or equipment rules.
6.	Separate Speed Limits and Restrictions:
A county or municipal entity may set unique speed limits or restrictions for OHMVs on paved roads where their operation is authorized, so long as those restrictions do not conflict with the Off-Highway Motor Vehicle Act.
7.	Prohibitions in Certain Areas:
State Game Commission Lands: OHMVs remain prohibited on these lands, except as allowed by law.
8.	State Parks: 
        Operation on park lands is restricted except in designated areas.
9.	Unauthorized Sign Removal or Installation: 
Operators are prohibited from removing or defacing official signs or installing OHMV-related signs without authorization.
10.	Local Control:
The bill emphasizes local and county authority. Rather than requiring or involving the state transportation commission’s approval, counties and municipalities can decide whether to allow OHMVs on paved roads within their jurisdictions.
11.	Safety and Equipment Requirements:
       OHMVs must meet certain equipment standards (lights, mirrors, brakes, mufflers).
       Operators must have valid licensure, insurance, and, if younger than 18, must wear 
       helmets.
12.	Uniform Enforcement of Traffic Laws:
Operators on paved roads are subject to the same rules of the road as other vehicles (speed limits, DUI laws, etc.), unless the local entity adopts special restrictions.
13.	No Change for Limited Access Highways:
The act keeps the existing ban on operating OHMVs on limited access highways or freeways (like interstate highways).
14.	Potential for Reduced State Oversight:
Because the bill removes references to the state transportation commission for local roads, decision-making about whether OHMVs can operate on paved roads rests entirely with local and county governments within their boundaries.
 

Current Law:

 The provisions of the Off-Highway Motor Vehicle Act shall not apply to persons who operate off-highway motor vehicles on privately held lands or to off-highway motor vehicles that are:   [...]  (3) one person from the off-highway motor vehicle industry; (4) one off-highway motor vehicle user;   [...]  operating an off-highway motor vehicle on any road or area closed to off- highway motor vehicle traffic.