Operating a motorcycle in New Mexico comes with specific rules, laws and regulations that must be met by riders. It’s important to familiarize yourself with state and local motorcycle regulations before you ride. Following New Mexico’s motorcycle laws can help you stay safe on the road and remain on the right side of the law.
Licensing Requirements
You need a special motorcycle license or a Class M endorsement on your standard license to operate a motorcycle in New Mexico. To obtain this, you must pass a written knowledge test and a motorcycle riding skills test.
You can also choose to complete an approved Motorcycle Safety Foundation course to bypass these tests. There are locations in Albuquerque, Alamogordo, Farmington, Las Cruces and Roswell, New Mexico. All motorcyclists must receive mandatory safety training to ride.
Helmet Standards
The use of protective helmets is mandatory for motorcyclists under the age of 18 in New Mexico, according to New Mexico Statutes §66-7-356. This law states that no rider (including a passenger) under the age of 18 may be on a motorcycle unless the person is wearing a safety helmet that is securely fastened and meets the required safety standards.
Although helmets are not required for motorcyclists 18 and older, they are highly recommended for safety reasons. Wearing a helmet can dramatically reduce the risk of suffering a serious head or brain injury in a motorcycle accident. Traumatic brain injuries are a leading cause of death among motorcycle accident victims.
Motorcycle Safety Equipment
Before a motorcycle can lawfully be driven on a public road in New Mexico, it must possess the required parts and equipment. New Mexico law requires all of the following:
- At least two brakes that may be operated by hand or foot.
- A working horn that is audible from at least 200 feet away.
- One or two headlights (but not more) that are operational when the motorcycle is in use. The headlamp must be between 20 and 54 inches in height.
- At least one red tail light and one red brake light.
- Turn signals, if the motorcycle is manufactured after 1973.
- At least one rearview mirror that shows the roadway behind for at least 200 feet.
- A muffler in proper working order that prevents excessive or unusual noise.
- Handlebars that allow the rider to turn at a 90-degree angle within a circle that has a radius of no more than 14 feet.
- Goggles, safety glasses or a face shield, if the motorcycle does not have a windscreen.
Motorcycles operated in New Mexico must undergo periodic safety inspections to ensure they are up to code and in proper working order.
Roadway Rules
Motorcycles have all the same rights to the road as standard motor vehicles. They may operate on any public road or highway in New Mexico. They also share the same responsibilities, including a duty to obey all traffic laws, signs, and signals.
However, there are some unique rules that apply only to motorcyclists:
- No lane-splitting. Lane-splitting, or riding a motorcycle on the line between two lanes of the same-direction traffic, is against the law in New Mexico.
- Riding two abreast. A motorcyclist may ride two-abreast with another motorcyclist (side by side in the same lane) but not with a motor vehicle.
- Clinging to other vehicles. No motorcyclist or motorcycle passenger may attach themselves to any other vehicle on the street.
In addition, motor vehicle drivers have a duty to respect motorcyclists’ rights. They must take caution to avoid hitting motorcycles, give motorcyclists the full lane, yield the right-of-way when required and pass safely.
Passenger Restrictions
A motorcycle may only carry a passenger if the vehicle is equipped to do so, with a designated seat and footrest for the passenger. There is no age requirement for a motorcycle passenger. However, if the passenger is under the age of 18, he or she must wear a safety helmet.
Prohibited Use
New Mexico Statutes Annotated §66-3-1010.3 describes the prohibited use of a motorcycle. It lists several actions that motorcyclists may not take without resulting in penalties. This law prohibits operating a motorcycle in a careless, reckless or negligent manner in a way that endangers other people or property. It also bans operating a motorcycle under the influence of intoxicating liquor or drugs.
Necessary Insurance
Motorcyclists in New Mexico are legally required to carry automobile insurance to show proof of financial responsibility. In the event of a motorcycle accident, this insurance can help pay for the motorcyclist’s injuries, medical bills and property repairs. The minimum amount of insurance is $25,000 per person and $50,000 per accident in bodily injury or death insurance, plus $10,000 in property damage insurance.
At-Fault Motorcycle Accident Law
Any motorcycle accident involving injury, death, or property damage of $500 or more must be reported to law enforcement right away in New Mexico. Motorcycle accidents, like all auto accidents in New Mexico, abide by a fault-based car insurance rule. This means that when a vehicle collision occurs, the person or party at fault for causing the crash is held responsible. The liable party will pay for victims’ injuries and bills using their automobile insurance.
To recover compensation for a motorcycle accident, the injured party must prove fault using evidence. Examples include a police report, crash scene photographs, witness statements, video footage, photographs, medical records and expert testimony. The burden of proof that must be met is “more likely to be true than not true,” or “based on a preponderance of the evidence.”
When to Contact a Motorcycle Attorney in New Mexico
Motorcycling is a popular pastime in New Mexico, with thousands of motorcyclists taking advantage of the state’s scenic routes. Unfortunately, motorcycle accidents are common in New Mexico. If you get injured in a motorcycle crash, a motorcycle accident attorney can help you understand and protect your legal rights.
You can focus on healing while your lawyer gathers evidence, files your insurance claim, deals with claims adjusters from insurance companies and seeks a fair settlement on your behalf. An experienced injury attorney in Albuquerque will be able to secure the best possible results for your motorcycle accident case in or out of the courtroom while you recover.If you’ve recently been injured in a motorcycle crash in Albuquerque, contact The Fine Law Firm for a free evaluation of your case and legal rights.