A. A person shall not operate any motorboat or vessel or manipulate any water skis, surfboard or similar device in a reckless or negligent manner so as to endanger the life or property of any person.
B. A person shall not operate any vessel, not defined as a motorboat pursuant to the provisions of the Boating While Intoxicated Act [66-13-1 to 66-13-13 NMSA 1978], or manipulate any water skis, surfboard or similar device while intoxicated or under the influence of any narcotic drug, barbiturate or marijuana.
History: 1953 Comp., § 75-35-10, enacted by Laws 1959, ch. 338, § 10; 1987, ch. 245, § 5; 1991, ch. 240, § 3; 2003, ch. 241, § 15.
Cross references. — For driving under the influence of intoxicating drugs or liquor, see 66-8-102 NMSA 1978.
For reckless driving, see 66-8-113 NMSA 1978.
For hunting or boating while intoxicated or under the influence of narcotic drugs, see 17-2-29 NMSA 1978.
The 2003 amendment, effective July 1, 2003, in Subsection B, deleted "motorboat or" preceding "vessel" and inserted "not defined as a motorboat pursuant to the provisions of the Boating While Intoxicated Act".
The 1991 amendment, effective June 14, 1991, purported to amend this section but made no changes.
The 1987 amendment purported to amend this section but made no change.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 12 Am. Jur. 2d Boats and Boating §§ 2, 15 to 17, 19, 33, 37, 39 to 41, 43 to 47, 49, 64, 66, 72, 75, 78, 80.
Liability of owner of powerboat for injury or death allegedly caused by one permitted to operate boat by owner, 71 A.L.R.3d 1018.
Liability of owner or operator of powered pleasure boat for injuries to swimmer or bather struck by boat, 98 A.L.R.3d 1127.
Criminal liability for injury or death caused by operation of pleasure boat, 8 A.L.R.4th 886.
Liability for injuries to, or death of, water-skiers, 34 A.L.R.5th 77.
Validity, construction and application of statute prohibiting boating while intoxicated, boating while under the influence, or the like, 47 A.L.R.6th 107.
Structure New Mexico Statutes
Section 66-12-1 - Short title.
Section 66-12-2 - Purpose of act.
Section 66-12-3 - Definitions.
Section 66-12-4 - Operation of unnumbered motorboats prohibited.
Section 66-12-5 - Identification number.
Section 66-12-5.2 - Owner's certificate of title; fees; duplicates.
Section 66-12-5.3 - Prohibited acts.
Section 66-12-6 - Dealer and manufacturer numbers; fee; certificates of origin; records.
Section 66-12-6.1 - Excise tax on issuance of certificates of title; appropriation.
Section 66-12-6.2 - Security interest in boats; filing; perfection.
Section 66-12-6.3 - Security interest in boats; filing effective to give notice.
Section 66-12-6.4 - Forms; investigations.
Section 66-12-6.5 - Prohibited display of dealer or manufacturer numbers.
Section 66-12-6.6 - Dealer license.
Section 66-12-6.7 - Dealer license denial, suspension and revocation.
Section 66-12-6.8 - Dealer bonds; required insurance.
Section 66-12-7.1 - Personal flotation devices required.
Section 66-12-8 - Exemptions from numbering provisions of the Boat Act.
Section 66-12-9 - Boat liveries.
Section 66-12-10 - Muffling devices.
Section 66-12-11 - Prohibited operation.
Section 66-12-12 - Collisions; assistance and reports.
Section 66-12-13 - Transmittal of information.
Section 66-12-14 - Water skis and surfboards.
Section 66-12-15 - Regattas; races; marine parades; tournaments or exhibitions.
Section 66-12-16 - Local regulations; restrictions; special rules and regulations.
Section 66-12-17 - Owner's civil liability.
Section 66-12-18 - Power to regulate.
Section 66-12-18.1 - Safe boating rules.
Section 66-12-19 - Filing of regulations.
Section 66-12-20 - Disposition of fees.
Section 66-12-21 - Disposition of fines.