OHV on NM Highways

Discussion in 'The Rockies – It's all downhill from here...' started by AtomicGeo, Dec 27, 2017.

  1. AtomicGeo

    AtomicGeo Yep, ranked 49th.

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  2. Bartimus

    Bartimus Been here awhile

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    "if authorized by ordinance or resolution of the local authority."
    Meaning the local town, or county must have passed laws allowing OHV use on paved roads within their jurisdiction.
    kind of like Silverton does, in Colorado.
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  3. AtomicGeo

    AtomicGeo Yep, ranked 49th.

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  4. norton(kel)

    norton(kel) vintage

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  5. papa_j

    papa_j Long timer

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    I don’t think the law includes anything with a saddle so four wheelers and motorcycles are not included.
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  6. Granitic

    Granitic Rider

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    My recollection from when the Act passed is no support for OH motorcycles.

    I looked at the Grants and Cloudcroft ordinances. Grants says nothing about OHMs and Cloudcroft is ambiguous and restrictive.

    This is why my OHM has an Arizona STREET motorcycle license plate on it. It is fully insured and registered for less than the cost of an OHV sticker and liability insurance in NM.
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  7. _Harry_

    _Harry_ Redneck Emeritus

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    Unfortunately if look at the definitions, off-highway vehicle does not include motorcycles.

    Steven Neville is the legislator that got the statute updated. He has been dropping bills on this the past couple of years. If you want 2-wheeled OHV's to be included, contact him:


    [​IMG]
    • District: 2
    • County: San Juan
    • Service: Senator since 2005
    • Occupation: Real Estate Appraiser
    • Address: Box 1570
      Aztec, NM 87410
    • Capitol Phone: 986-4701
    • Capitol Room: 109C
    • Office Phone: (505) 327-5460
    • Home Phone:
    • Email: steven.neville@nmlegis.gov
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  8. Hair

    Hair Talking Head

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    I would like to know where the city street ends and the state road begins.
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  9. goober noob

    goober noob Been here awhile

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    just arond da corner, end of the next block...
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  10. RideFreak

    RideFreak Torque Jockey

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    I'm not Saul so I could be wrong but I don't see where a OHV registered motorcycle is clearly exempted. Motorcycles are included in section 2 below.

    Off-Highway Motor Vehicles (§§ 66-1-4.13(B) and 66-3-1001.1(E))

    §66-1-4.13(B) defines an off-highway motor vehicle (OHV) as any motor vehicle operated or used exclusively off the highways of this state and that is not legally equipped for operation on the highways of this state.

    §66-3-1001.1(D) of the Off-Highway Motor Vehicle Act (§§ 66-3-1001 through 66-3-1020) further specifies that an off-highway motor vehicle is designed by the manufacturer for operation exclusively off the highway or road and includes an:
    1. “all-terrain vehicle”, which means a motor vehicle fifty inches or less in width, having an unladen dry weight of one thousand pounds or less, traveling on three or more low-pressure tires and having a seat designed to be straddled by the operator and handlebar-type steering control;
    2. “off-highway motorcycle”, which means a motor vehicle traveling on not more than two tires and having a seat designed to be straddled by the operator and that has handlebar-type steering control;
    Then it looks like the second link outlines what the county or municipality allows in regards to ATVs.

    Please remember state law requires that:
    • Only ATVs and ROVs (side-by-sides, SxS, UTVs, etc.) can be operated on specific paved roads within specific communities only as authorized by passage of a local ordinance or State Transportation Commission resolution allowing such use.

    So the state law clearly defines what an OHV is and it includes motorcycles.
    - I don't see where an ATV is defined by state law.
    - The description includes etc. Barring a specific description that eliminates dirtbikes one could argue that they are all terrain vehicles since they go anywhere the other ATVs do and without specific guidance a dirtbike is an ATV by virtue of capability. The laws are very specific regarding number of wheels, steering etc regarding OHV but I don't see any specific definition of what constitutes an ATV. To me that amounts to a loophole.

    So who wants to test my theory, I'll contribute to your defense fund. :D
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  11. retroone

    retroone Long timer

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    :y0!I'm in. I just paid $180.00 for a fed ticket. What could this cost:dunno
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  12. CaptCapsize

    CaptCapsize Been here awhile

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    Section F 66-3-1011(C) defines which OHV can be operated on streets. It defines recreational off highway vehicle or all terrain vehicle may be operated on paved streets or highway if authorized....

    So it looks like only definitions 1 (ATV)and 4 (ROHV) of 66-3-1001.1 (D) are allowed to operate on paved roads.

    The legislation is poorly written with contradictory wording. It seems you can get a sticker for a off road motorcycle, or snowmobile, but you cannot ride it on paved streets or highway.

    Quoting Dennis Miller, "but that is just my opinion, I could be wrong"
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  13. papa_j

    papa_j Long timer

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    Sorry. It looks like my response was based on the Municipality Statues for Farmington NM. I don't know what the state law says but in the Farmington area they specify "b. Non-straddle seating; ".
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  14. AtomicGeo

    AtomicGeo Yep, ranked 49th.

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  15. ridenm

    ridenm Long timer

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    The good captain has it right. The paved road use law as it is currently written and adopted by various localities excludes off-highway motorcycles (OHMs) and snowmobiles from operating on any paved road. The law allows for specific roads within localities' jurisdictions to be open to ATVs and ROVs (side-by-sides, UTVs, yadda yadda). Some localities have chosen to allow only the ROVs. State highways can be opened up by resolution of the state transportation commission, but they've already adopted a policy that they will not open any state roads to ATVs, only ROVs.
    The paved road permit, available through MVD, is 'supposed' to be available only for ATVs and ROVs, and the Game & Fish non-resident permit system should prevent someone from purchasing a non-resident paved road decal for any OHV except ATVs and ROVs. But I have heard that system may not be working correctly. There is also scuttlebutt that MVD, at the request of a certain state senator, is going from a paved road use decal to a paved road use plate, but we don't know what that will look like yet.
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