A. No person under the age of eighteen shall operate a motorcycle unless the person is wearing a safety helmet that is securely fastened on the person's head in a normal manner as headgear and that meets the standards specified by the secretary. The secretary shall adopt rules and regulations establishing standards covering the types of helmets and the specifications therefor and shall establish and maintain a list of approved helmets meeting the standards and specifications of the secretary. No dealer or person who leases or rents motorcycles shall lease or rent a motorcycle to a person under the age of eighteen unless the lessee or renter shows such person a valid driver's license or permit and possesses the safety equipment required of an operator who is under the age of eighteen. No person shall carry any passenger under the age of eighteen on any motorcycle unless the passenger is wearing a securely fastened safety helmet, as specified in this section, meeting the standards specified by the secretary.
B. Failure to wear a safety helmet as required in this section shall not constitute contributory negligence.
C. Autocycles are exempted from the helmet provisions of this section.
History: 1953 Comp., § 64-7-356, enacted by Laws 1978, ch. 35, § 460; 1981, ch. 361, § 26; 1991, ch. 192, § 6; 2015, ch. 53, § 5.
Cross references. — For the penalty for a misdemeanor, see 66-8-7 NMSA 1978.
For the penalty for a petty misdemeanor, see 31-19-1 NMSA 1978.
The 2015 amendment, effective June 19, 2015, exempted autocycles from the helmet requirements of operating a motorcycle; in Subsection A, after the first occurrence of "unless", deleted "he" and added "the person", after the first occurrence of "helmet", added "that is", after "fastened on", deleted "his" and added "the person's", after "headgear and", deleted "meeting" and added "that meets", and changed "director" to "secretary" throughout; and added Subsection C.
The 1991 amendment, effective June 14, 1991, deleted former Subsection C which read "Any person violating the provisions of this section is guilty of a petty misdemeanor" and made a minor stylistic change in Subsection A.
Authority to approve safety helmets not violative of due process. — The delegation to the commissioner of motor vehicles (now director of the motor vehicle division) of the power to determine what type of helmet should be worn under an ordinance mandating the wearing of approved safety helmets by motorcycle operators did not deprive the appellee of due process nor did the fact that the state commissioner of motor vehicles adopted the standards determined by the testing of a third person make such testing unreasonable. City of Albuquerque v. Jones, 1975-NMSC-025, 87 N.M. 486, 535 P.2d 1337.
Ordinance requiring wearing of helmet appropriate exercise of police power. — A city ordinance which requires the operator of a motorcycle to wear an approved safety helmet is an appropriate exercise of the city's police power and therefore is constitutional. City of Albuquerque v. Jones, 1975-NMSC-025, 87 N.M. 486, 535 P.2d 1337.
Provision not applicable to all motorcyclists. — Section 64-18-55.1, 1953 Comp. (similar to this section), requiring the use of a safety helmet does not apply to all motorcyclists. 1970 Op. Att'y Gen. No. 70-43.
Provision valid exercise of power of parens patriae. — Requiring minors to wear helmets while riding a motorcycle would perhaps be a valid exercise of the power of parens patriae and would enable the state to protect youths whose judgment might not yet allow them to exercise their individual freedom judiciously with regard to their own safety. 1969 Op. Att'y Gen. No. 69-14.
Am. Jur. 2d, A.L.R. and C.J.S. references. — Validity of traffic regulation requiring motorcyclists to wear protective headgear, 32 A.L.R.3d 1270.
Motorcyclist's failure to wear helmet or other protective equipment as affecting recovery for personal injury or death, 85 A.L.R.4th 365.
Validity of traffic regulations requiring motorcyclists to wear helmets or other protective gear, 72 A.L.R.5th 607.
60 C.J.S. Motor Vehicles § 43.
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.