Chapter 16, Section E:
Requirements for Operation of an OHV Under Age 18

Revised August 25, 2008


Under-18 Off-Highway Vehicle Operation Requirements (66-3-1010.3B)

Section 66-3-1010.3B NMSA 1978 imposes additional requirements on any individual under the age of 18 who operates an off-highway motor vehicle.

A person under the age of eighteen shall not operate an off-highway motor vehicle:

  • or ride upon an off-highway motor vehicle without wearing eye protection and a safety helmet that is securely fastened in a normal manner as headgear and that meets the standards established by the Off-Highway Motor Vehicle Safety Board;
  • without an off-highway motor vehicle safety permit; or
  • while carrying a passenger.

Section 66-3-1010.3B further specifies that:

  • A person under the age of 18 but at least 10 years of age shall not operate an off-highway motor vehicle unless the person is visually supervised at all times by a parent, legal guardian or a person over the age of 18 who has a valid driver's license.
  • This subsection shall not apply to a person who is at least: (1) 13 years of age and has a valid motorcycle license and off-highway motor vehicle safety permit; or (2) 15 years of age and has a valid driver's license, instructional permit or provisional license and off-highway motor vehicle safety permit.
  • A person under the age of 10 shall not operate an off-highway motor vehicle unless: (1) the all-terrain vehicle is an age-appropriate size-fit vehicle; and (2) the person is visually supervised at all times by a parent, legal guardian or instructor of a certified safety training course.