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New Mexico Motorcycle Helmet Law

This list of New Mexico motorcycle helmet laws is a reference only and you should always refer to the New Mexico D.O.T. for current requirements.  Please e-mail us if you believe our New Mexico motorcycle helmet law information is out of date or otherwise incorrect.

New Mexico has Motorcycle helmet laws that exempt adult riders, riders over the age of majority -- 18 years old and over!

Motorcycle Helmet Statue:
Chapter 66. Motor Vehicles. Article 7. Traffic Laws; Signs, Signals and Markings; Accidents; Weight and Size; Traffic Safety. Part 4. Traffic Laws Generally. Section 66-7-356. Mandatory Use of Protective Helmets. :
"A. No person under the age of eighteen shall operate a motorcycle unless he is wearing a safety helmet securely fastened on his head in a normal manner as headgear and meeting the standards specified by the director. . . . No person shall carry any passenger under the age of eighteen on any motorcycle unless the passenger is wearing a securely fastened safety helmet, . . . ."

STANDARDS:

Chapter 66. Motor Vehicles. Article 7. Traffic Laws; Signs, Signals and Markings; Accidents; Weight and Size; Traffic Safety. Part 4. Traffic Laws Generally. Section 66-7-356. Mandatory Use of Protective Helmets. :
". . . The director 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 director. . . ."

Regulation
18 NMAC 19.7.9 HELMET STANDARD

A helmet to be used by a person under the age of eighteen in connection with the operation of a motorcycle must meet Federal Motor Vehicle Safety Standard Number 218 (Motorcycle Helmets) issued by the United States Secretary of Transportation. Only helmets meeting Federal Motor Vehicle Safety Standard Number 218 are approved for use in New Mexico. [7/20/90, 10/14/92, 10/31/96]

 

State Funded Rider Education
Available for all eligible applicants.
Reauired under age 18.
May waive skills test for successful completion of rider ed.
May waive knowledge test for successful completion of rider ed.

Eye Protection
Required unless equipped with wind screen.

Daytime Use Of Headlight
Modulating headlight permitted.

Passenger Seat
Required if carrying a passenger.

Passenger Footrests
Required if carrying a passenger.

Mirror
Required by law.

Periodic Safety Inspection
Random inspections, required by law.

65 MPH Speed Limit
In effect on designated rural interstate highways.

NEW MEXICO-DISCRIMINATION ON THE BASIS OF CLOTHING OR CLUB MEMBERSHIP IS ILLEGAL

New Mexico Civil Rights legislation codified in N.M.S.A. Sec. 28-1-1, et. seq. establish certain Civil Rights and prohibit certain discriminatory practices. The Act was modeled after the U.S. Civil Rights Act of 1964 (Title VII, 42 U.S.C.A. Section 2000 (e), et. seq.). A "civil right" has been defined as a privilege accorded to and or a right due from one individual to another, the trespassing upon which is a civil injury. The interference with a person's lawful conduct and actions is a violation of a civil right, U.S. v. Gugel, 119 F.Supp. 897. Discrimination need not be only on the grounds of race, color, national origin, etc. Any invidious discrimination is prohibited, Nanez v. Ritger, 304 F.Supp. 354. Coverage includes the right to free speech, peace- able assembly and freedom of association, Ames v. Vavreck, 356 F.Supp. 931. The U.S. Supreme Court has ruled that individuals have a constitutional right under the First Amendment to wear clothing which displays writing or designs, Cohen v. Ca., 403 U.S. 15. A person's right to wear the clothing of choice, and the right to belong to any club or organization is constitutionally protected. Persons or establishments who discriminate on the basis of clothing or club membership may have violated the Act.