A. A person operating a motorcycle, other than an autocycle, shall ride only upon the permanent and regular seat attached thereto, shall have the person's feet upon the footrests provided on the machine and shall not carry any other person nor shall any other person ride on the motorcycle unless it is designed to carry more than one person. If a motorcycle, other than an autocycle, is designed to carry more than one person, the passenger may ride upon the permanent and regular seat if designed for two persons or upon another seat firmly attached to the rear or side of the motorcycle. The passenger shall have the passenger's feet upon the footrests attached for passenger use.
B. A person operating a motorcycle not having a fixed windshield of a type approved by regulation of the secretary shall wear an eye protective device, which may be a faceshield attached to a safety helmet, goggles or safety eyeglasses. All eye protective devices shall be of a type approved by regulations promulgated by the secretary.
C. A person who violates the provisions of this section is guilty of a penalty assessment misdemeanor.
History: 1953 Comp., § 64-7-355, enacted by Laws 1978, ch. 35, § 459; 1981, ch. 361, § 25; 1991, ch. 160, § 17; 2015, ch. 53, § 4; 2018, ch. 74, § 48.
Cross references. — For the definitions of "motorcycles," see 66-1-4.11 NMSA 1978.
For required motorcycle equipment, see 66-3-840 and 66-3-842 NMSA 1978.
For off-highway motorcycles, see 66-3-1001 to 66-3-1015 NMSA 1978.
The 2018 amendment, effective July 1, 2018, provided a penalty for a violation of the provisions of this section, and made technical changes; and added Subsection C.
The 2015 amendment, effective June 19, 2015, exempted autocycles from certain motorcycle operating requirements; in Subsection A, in the first sentence, after "motorcycle", added "other than an autocycle", and after "shall have", deleted "his" and added "the person's"; in the second sentence, after "motorcycle", added "other than an autocycle"; and in the last sentence, after "shall have", deleted "his" and added "the passenger's"; and in Subsection B, after "promulgated by the", deleted "director" and added "secretary".
The 1991 amendment, effective July 1, 1991, deleted "the operator" preceding "shall not carry" in the first sentence in Subsection A; in Subsection B, substituted "secretary" for "director" in the first sentence and deleted "or windshields" following "protective devices" in the second sentence; and made minor stylistic changes.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 7A Am. Jur. 2d Automobiles and Highway Traffic §§ 209, 210.
"Motor vehicle" within guest statute, 98 A.L.R.2d 543.
Structure New Mexico Statutes
Article 7 - Traffic Laws; Signs, Signals and Markings; Accidents; Weight and Size; Traffic Safety
Part 4 - TRAFFIC LAWS GENERALLY
Section 66-7-301 - Speed regulation.
Section 66-7-302.1 - Speed limit; conviction; use limited.
Section 66-7-303 - Establishment of speed zones.
Section 66-7-303.1 - Construction zones; traffic control devices; penalty.
Section 66-7-304 - County roads; authority to regulate speed limits.
Section 66-7-305 - Minimum speed regulation.
Section 66-7-306 - Special speed limitations.
Section 66-7-307 - Charging violations; rule in civil actions.
Section 66-7-308 - Drive on right side of roadway; exceptions.
Section 66-7-309 - Passing vehicles proceeding in opposite direction [directions].
Section 66-7-310 - Overtaking a vehicle on the left.
Section 66-7-311 - When overtaking on the right is permitted.
Section 66-7-312 - Limitations on overtaking on the left.
Section 66-7-313 - Further limitations on driving to left of center of roadway.
Section 66-7-314 - Movement of hazardous vehicle; escort may be required.
Section 66-7-315 - No-passing zones.
Section 66-7-316 - One-way roadways and rotary traffic islands.
Section 66-7-317 - Driving on roadways laned for traffic.
Section 66-7-318 - Following too closely.
Section 66-7-318 - Following too closely. (Effective July 1, 2022.)
Section 66-7-319 - Driving on divided highways.
Section 66-7-320 - Restricted access.
Section 66-7-321 - Restrictions on use of controlled-access roadway.
Section 66-7-322 - Required position and method of turning at intersections.
Section 66-7-323 - Turning on curve or crest or [of] grade prohibited.
Section 66-7-324 - Starting parked vehicle.
Section 66-7-325 - Turning movements and required signals.
Section 66-7-326 - Signals by hand and arm or signal device.
Section 66-7-327 - Method of giving hand and arm signals.
Section 66-7-328 - Vehicle approaching or entering intersection.
Section 66-7-329 - Vehicles turning left at intersection.
Section 66-7-330 - Vehicles entering stop or yield intersection.
Section 66-7-331 - Vehicle entering highway from private road or driveway.
Section 66-7-332.1 - Approach of oncoming vehicle; yield right of way.
Section 66-7-333 - Pedestrians subject to traffic regulations.
Section 66-7-334 - Pedestrians' right of way in crosswalks.
Section 66-7-335 - Crossing at other than crosswalks.
Section 66-7-336 - School crossings.
Section 66-7-337 - Drivers to exercise due care.
Section 66-7-338 - Pedestrians to use right half of crosswalk.
Section 66-7-339 - Pedestrians on roadways.
Section 66-7-340 - Pedestrians soliciting rides or business.
Section 66-7-341 - Railroad-highway grade crossing violations; all drivers.
Section 66-7-342 - All vehicles must stop at certain railroad grade crossings.
Section 66-7-344 - Moving heavy equipment at railroad grade crossings.
Section 66-7-345 - Authority to designate through highways and stop and yield intersections.
Section 66-7-346 - Stop before emerging from alley or private driveway.
Section 66-7-347 - Overtaking and passing school bus.
Section 66-7-348 - Special lighting equipment on school buses.
Section 66-7-349 - Stopping, standing or parking outside of business or residence districts.
Section 66-7-350 - Officers authorized to remove illegally stopped vehicles.
Section 66-7-351 - Stopping, standing or parking prohibited in specified places.
Section 66-7-352 - Additional parking regulations.
Section 66-7-352.1 - Short title.
Section 66-7-352.2 - Legislative intent.
Section 66-7-352.3 - Repealed.
Section 66-7-352.4 - Parking lots; standards.
Section 66-7-352.5 - Unauthorized use; penalties.
Section 66-7-352.6 - Enforcement.
Section 66-7-353 - Unattended motor vehicle.
Section 66-7-354 - Limitation on backing.
Section 66-7-355 - Riding on motorcycles.
Section 66-7-356 - Mandatory use of protective helmets.
Section 66-7-357 - Obstruction to driver's view or driving mechanism.
Section 66-7-358 - Restriction on use of video screens in motor vehicles.
Section 66-7-359 - Driving on mountain highways.
Section 66-7-360 - Coasting prohibited.
Section 66-7-361 - Following fire apparatus and driving through safety zone prohibited.
Section 66-7-362 - Crossing fire hose.
Section 66-7-363 - Animals on highway; highway fencing.
Section 66-7-364 - Putting injurious material or trash on highway prohibited.
Section 66-7-365 - Recompiled.
Section 66-7-366 - Occupied moving house trailer.
Section 66-7-367 - Improper opening of doors.
Section 66-7-368 - Purpose [of child restraint device provisions].
Section 66-7-369 - Child passenger restraint; enforcement.
Section 66-7-370 - Short title.
Section 66-7-372 - Safety belt use required; exception.
Section 66-7-373 - Enforcement programs.