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Governor Signs Bill Allowing ATVs On New Mexico's Paved Roadways

  Commentary:   Senate Minority Caucus Chair Steve Neville’s bill to allow  local communities  to decide whether all-terrain vehicles (ATVs) and  off-highway vehicles (OHVs) can drive on their paved roads was signed by the governor.  This has a local option where local entities could opt in and determine  restrictions such as how fast, and which roads or portion of paved roads the  vehicles can use.

Currently, ATVs are allowed to only cross a public paved road, not to travel on one, otherwise they could be cited by authorities.   As Senator Neville’s bill becomes law, local entities can decide whether to pass a local ordinance to make the travel on the paved roads legal.

Senator Neville said local governments will have control. He has said:

“This is intended for farmers who might be on an ATV and  need to travel on a paved road to get to their fields down the road without being cited,” Senator Neville said.  “We don’t want to penalize people carrying out their daily jobs and duties. We want to make sure people have some freedom to get their jobs done.”

Senator Cliff Pirtle agreed, “It would allow us to go from the field to the paved road and could be very useful to our farmers and ranchers in the rural areas.  It has good common sense.”

The decision by local entities could also affect recreational use of the off-highway vehicles.

Senator Ron Griggs has said: “Hunters driving from one track to another in his areas would appreciate the change as well.”

SB 270a  states that a local authority may establish separate speed limits and operating restrictions for OHVs. Other requirements are also needed:  The vehicle must have one or more headlights and taillights, brakes, mirrors and mufflers.  The operator must have a valid driver's license, instruction permit or provisional license, insurance  and an off-highway safety permit allowing minors to drive with goggles and a helmet. 

The Governor’s Message today:

I have this day SIGNED SENATE BILL 270, as amended, enacted by the Fifty-Second Legislature, Second Session, 2016.

In its original form, SB 270 would have legalized the use of off-highway vehicles (OHV) on paved roads all across the state. In addition, it would have put the burden on a local authority to opt out or pass an ordinance specifically prohibiting the use of these vehicles on certain county or municipal roads. In its current form, however, this bill gives municipalities and counties the authority to pass an ordinance or resolution, that dictates which roads, or portions of roads, on which to allow these vehicles to travel.

New Mexico is a rural state with a large agricultural, dairy, and ranching community that is heavily reliant on off-highway vehicles to conduct their daily tasks. This legislation would allow local governments to determine whether OHV use would increase efficiency and productivity in these industries by allowing for greater mobility and access to both paved and off-road destinations.

New Mexico is also known for its many trails and outdoor recreational activities. Red River, for example, is replete with trailheads, where off-road enthusiasts travel from all across the country to experience the many wonders our state has to offer. Our state’s tourism industry can benefit from this bill because it would connect existing trails and make it easier for visitors to access remote sites and travel between attractions using off-highway vehicles. By signing this bill, New Mexico joins the majority of other states that permit the limited use of OHVs on some paved roads.

That said, I believe that the use of these vehicles on paved roads should only be permitted in limited circumstances. In most cases, and on most roads, they should not be allowed. But in  some cases, and for some purposes, it makes sense and can contribute to a way of life for certain communities.

I want to be clear that the intent of this bill is not to replace or substitute vehicle usage for day-to-day transportation. Local governments should use this authority sparingly, and only after careful consideration of their community’s needs and the risks associated with OHV use. This bill allows local governments to adopt additional restrictions on how these vehicles may be operated on paved roads, such as reduced speed limits, distances, and time of day. Local governments should carefully consider all of these options in deciding what works best for their communities