Summary:

 House Bill 372 (HB 372):  This bill modernizes the Off-Highway Motor Vehicle Act in response to the expanding market of off-highway vehicles—particularly heavier side-by-sides. It also tightens New Mexico’s ability to collect fees and regulate nonresident OHV use. Existing safety rules remain largely unchanged, but the revised definitions and permitting requirements aim to ensure that all off-highway vehicles (especially newly popular heavier or larger-displacement types) fall under the same uniform registration, fee, and safety framework. 

Legislation Overview:

 House Bill 372 (HB 372):  The proposed legislation in this bill amends the Off-Highway Motor Vehicle Act. The bill updates various sections of the New Mexico Statutes (in particular, Sections 66-3-1001.1, 66-3-1004, 66-3-1010.3, and 66-3-1018 NMSA 1978).
1. Expanded Definition of “Recreational Off-Highway Vehicle” (Section 66-3-1001.1)
a.	Previous Law:	
Recreational off-highway vehicles (ROVs) were defined as having:
Four or more non-highway tires,
A steering wheel,
Non-straddle seating,
Maximum speed capability over 35 mph,
A gross vehicle weight rating (GVWR) no greater than 1,750 pounds,
Overall width less than 80 inches,
Engine displacement under 1,000 cc,
A 17-character vehicle identification number (VIN).
What Changed:
b.	Replaces “gross vehicle weight rating no greater than 1,750 pounds” with “unladen dry weight under 3,500 pounds.”
c.	Removes the “engine displacement of less than 1,000 cc” requirement, so ROVs can have larger engines.
d.	Reorders and clarifies certain points but keeps the primary design requirements (steering wheel, non-straddle seating, four or more tires, etc.).
Effect of the Change:
e.	More types of side-by-sides, UTVs, and other recreational off-highway vehicles now fall under the statutory definition because of the higher weight threshold (3,500 lbs. unladen) and removal of the displacement cap.
f.	Owners of heavier and larger-engine ROVs must meet registration and operational requirements under the Off-Highway Motor Vehicle Act.
2. Registration and Permitting Fee Structure (Section 66-3-1004)
Previous Law:
a.	Owners of off-highway vehicles had to pay two different fee components:
A set fee (mostly going to the Motor Vehicle Division),
An off-highway user fee (collected by the Department of Game and Fish and deposited in the Trail Safety Fund).
Nonresidents either paid a two-year permit fee or provided proof of compliance with another state’s off-highway vehicle registration to avoid duplicative fees.
b.	What Changed:
Eliminates the automatic exemption that allowed nonresidents to avoid New Mexico permitting fees if they could show compliance with another state’s off-highway vehicle registration/permit requirements.
c.	Creates two nonresident permit options:
A two-year permit (same duration as before), consisting of (a) $17 for the MVD portion and (b) up to $40 for the off-highway user fee, OR
A 90-day permit for $17 (no additional user fee), intended for short-term or seasonal visitors.
Keeps the user fee for residents (up to $40) upon initial registration or transfer of ownership.
Effect of the Change:
d.	Nonresidents who previously avoided New Mexico fees by relying on their home state’s off-highway vehicle registration must now purchase a New Mexico permit unless they opt for a short-term 90-day permit.
e.	Greater clarity in the two-tier nonresident permit structure (2-year vs. 90-day).
3. Clarifying Safety Requirements and Operation Rules (Section 66-3-1010.3)
Previous Law:
a.	Prohibited careless, reckless, or negligent operation; operation while under the influence; harassment of livestock; and excessive noise (above 96 decibels).
b.	Required spark arresters, lights at night, and age-specific restrictions (such as safety helmets for minors and adult supervision for operators under 18).
What Changed:
c.	The bill reinforces existing prohibitions and safety requirements but does not substantially alter them.
d.	Language is clarified (for example, referencing how and where an off-highway motor vehicle may be operated with respect to livestock or near dwellings).
Makes minor textual corrections (e.g., “mininizing” to “minimizing”).
Effect of the Change:
e.	The core operating restrictions and safety rules remain the same (helmets, spark arresters, decibel limits).
f.	The clarifications ensure consistent terminology and remove ambiguous references.
4. Department of Game and Fish Authorities and Duties (Section 66-3-1018)
Previous Law:
a.	The Department of Game and Fish (“department”) works with other agencies to implement off-highway motor vehicle training, certification, and enforcement strategies.
b.	It could recommend where OHV parks or trails should be located (and sometimes closed) and could award grants from the Trail Safety Fund.
What Changed:
c.	Adds “unpaved public roadway” to the context of off-highway vehicle travel, clarifying that the department’s jurisdiction/oversight includes unpaved roads open to passenger-car travel.
d.	Removes references to “engine displacement,” aligning with the updated definitions.
e.	Expands the department’s ability to coordinate with the Motor Vehicle Division for a more visible and readable off-highway vehicle identification (license plate, sticker, or another system).
f.	Makes minor edits to the department’s responsibility for public education, enforcement blitzes, and possible noise enforcement.
Effect of the Change - The department now has a more explicit mandate to:
g.	Oversee potential expansions in the off-highway market (heavier vehicles included).
h.	Collaborate on better, more standardized identification methods (for law enforcement, especially).
i.	Continue or expand data collection and stakeholder collaboration (farmers, ranchers, other land users).
5. Practical Impact for Off-Highway Vehicle Owners and Users
More Vehicles Must Register - 
a.	By increasing the weight threshold and removing the engine displacement cap, more side-by-sides (UTVs) meet the statutory definition of a recreational off-highway vehicle and require registration/permitting.
Nonresident Permit Requirements - 
b.	Nonresident riders can no longer rely on their home-state OHV registrations alone. They must purchase either a 2-year or 90-day permit from New Mexico if they intend to ride here.
Continuation of Safety Rules - 
c.	The safety helmet and eye-protection requirements for minors remain in place, as well as the restrictions on operation near livestock and private property.
Greater Enforcement Coordination - 
d.	The Department of Game and Fish is empowered to continue “DUI-type blitzes” for OHVs in high-use areas, expand coordination with the Motor Vehicle Division, and collaborate with local law enforcement for noise and safety enforcement.
Potential for Additional Signage and Trails - 
e.	The department will collaborate with local governments to recommend or designate new OHV parks, trails, and staging areas—and may recommend closing or restoring tracks if they pose an ecological or safety hazard.
 

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.  
 

Amendments:

 Amended February 21, 2025, in HTPWC

HTPWCa/HB 372:  The following is the amendment proposal:
1.  On page 2, line 9, strike "low-pressure" and insert in lieu
 thereof "non-highway".
 2.  On page 3, line 4, strike "under" and insert in lieu
 thereof "of no greater than".