1. A. A person shall not operate an off-highway motor vehicle on any:

   1. (1) limited access highway or freeway at any time;
   2. (2) paved street or highway except as provided in Subsection B of this section, or except in compliance with the provisions of 66-3-1011 NMSA 1978 (the Off-Highway Motor Vehicle Act); or
   3. (3) pedestrian walkways and non-motorized trails.
2. B. Off-highway motor vehicles may cross streets or highways, except limited access highways or freeways, if the crossings are made after coming to a complete stop prior to entering the roadway. Off-highway motor vehicles shall yield the right of way to oncoming traffic and shall begin a crossing only when it can be executed safely and then cross in the most direct manner as close to a perpendicular angle as possible.

3. C. If authorized by ordinance or resolution of a local authority or the state transportation commission, an ROV or an ATV may be operated on a paved street or highway owned and controlled by the authorizing entity if:

   1. (1) the vehicle has one or more functioning headlights and one or more functioning taillights that comply with the Off-Highway Motor Vehicle Act;
   2. (2) the vehicle has brakes, mufflers, and mirrors providing an unobstructed view to the rear;
   3. (3) the operator has a valid driver's licenses or permits as required under the Motor Vehicle Code and off-highway motor vehicle safety permits as required under the Off-Highway Motor Vehicle Act;
   4. (4) the operator is insured in compliance with the provisions of the Mandatory Financial Responsibility Act;
   5. (5) the operator of the vehicle is appropriately wearing approved eye protection in compliance with 18.15.3.8 NMAC;
   6. (6) the operator of the vehicle is under 18 years of age and appropriately wearing an approved safety helmet in compliance with Rule 18.15.3.8 NMAC; and
   7. (7) the operator is in compliance with all existing traffic laws, including speed limits and operating restrictions as may be established by local authority or the state transportation commission.

[18.15.3.14 NMAC - N, 10-14-2016; A, 6-27-17]