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State Laws & Funding
New Mexico
Below is a list of the key highway safety laws in New Mexico. For more information, contact the New Mexico Traffic Safety Bureau.
| No state law |
Sources: National Conference of State Legislatures (NCSL) and State Highway Safety Offices.
| Handheld Ban | All Cell Phone Ban | Text Messaging Ban | Crash Data |
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| School Bus Drivers | Novice Drivers | All Drivers | School Bus Drivers | Novice Drivers | |||||
| In State vehicles | Yes | ||||||||
Sources: Insurance Institute for Highway Safety (IIHS) and State Highway Safety Offices.
| Child Restraint Required unless indicated, # refers to Yrs.(Lbs.) |
Adult Safety Belt Permissible unless indicated, # refers to Yrs.(Lbs.) |
Maximum Fine 1st Offense |
| <1 in rear-facing infant seat in rear seat if available; 1 - 4 (or <40) in child safety seat; 5 - 6 (or <60) in booster seat | 7 - 17 | $25 |
Sources: Insurance Institute for Highway Safety (IIHS) and State Highway Safety Offices.
| Per Se Laws for Drugs (Forbidding Prohibited Substances in Driver's Body) | DEC/DRE Programs (Providing Law Enforcement Training) |
| Yes | |
Source: State Highway Safety Offices.
| Admin. License Suspen- sion on 1st Offense |
Limited Driving Privileges During Suspension | Inc. Penalty for High BAC | Open Container Laws | Repeat Offender Laws | Vehicle and License Plate Sanctions | Ignition Interlocks | Alcohol Exclusion Laws Limiting Treatment Opportunity | |
| <21: 1 yr.; >21: 6 mo. |
After 30 days | .16 (w/ mand. jail on all offenses) | Yes | Immobolization of vehicle for driving while revoked | Mandatory for all convictions | Yes | ||
Sources: Ensuring Solutions to Alcohol Problems, Insurance Institute for Highway Safety (IIHS), National Conference of State Legislatures (NCSL) and State Highway Safety Offices.
| Learner Stage | Intermediate Stage | Full Privilege Min. Age (Yrs./Mos.) |
Required Supervised Driving Hours (Night Hours) |
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| Min. Age (Yrs./ Mos.) |
Min. Dura- tion (Mos.) |
Min. Age (Yrs./Mos.) |
Night- time Driving Restriction |
Passenger Restriction* (* family members exempt) |
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| 15 | 6 | 15 / 6 | Midnight - 5 a.m. | No more than 1 pass. <21* | 16 / 6 | 50 (10) | |
Sources: Insurance Institute for Highway Safety (IIHS) and State Highway Safety Offices.
| Motorcyclists | Bicyclists | ||
| Universal Helmet Law (Year Enacted) | Partial Law | Universal Helmet Law Repealed | |
| <18 | 1977 | <18 | |
Sources: Insurance Institute for Highway Safety (IIHS) and State Highway Safety Offices.
| Length of Regular Renewal Cycle (Yrs.) | Provisions for Mature Drivers |
| 4 or 8 at driver's option | >75 must renew annually at no charge to driver |
Sources: Insurance Institute for Highway Safety (IIHS) and State Highway Safety Offices.
| Type of Law | Who is Covered (Yrs.) | In What Seat | Maximum Fine 1st Offense |
| Primary | >18 | All | $25 |
Sources: Insurance Institute for Highway and State Highway Safety Offices.
| Permitted on Sidewalks/Bicycle Paths | Permitted on Roads | Helmets Required | Minimum Age | Pedestrian Laws Apply |
| Sidewalks and bicycle paths | Yes | <18 | Yes | |
Sources: Segway LLC and State Highway Safety Offices.
| Checkpoints Conducted? | Comments |
| Yes | New Mexico case law determined that checkpoints set up to detect and apprehend drunk drivers are constitutionally permissable as long as law enforcement follows eight guidelines to ensure their reasonableness. |
Sources: Insurance Institute for Highway Safety (IIHS) and State Highway Safety Offices.
| Rural Interstates | Urban Interstates | Other Limited Access Roads | |||
| Cars (mph) |
Trucks (mph) |
Cars (mph) |
Trucks (mph) |
Cars (mph) |
Trucks (mph) |
| 75 | 75 | 65 | 65 | 60-70 | 60-70 |
Sources: Insurance Institute for Highway Safety (IIHS) and State Highway Safety Offices.
| State Law | Violations | Location | Citation Issued To / Liability |
Image / Privacy | Penalties (Traditional Penalties) | Defenses |
| No law, except to limit penalties and require posted warning sign and beacon | Red light; speed | Various | $75 max. civil penalty; no points or criminal sanctions; municipality may retain operating costs; balance transferred to programs for court construction, drug courts and DWI prevention | |||
Sources: National Conference of State Legislatures (NCSL), Insurance Institute for Highway Safety (IIHS) and State Highway Safety Offices.
| Multiple of Original Fine | Violations Affected | Workers Must Be Present | |
| Double | Speeding | No | |
Sources: National Work Zone Safety Information Clearinghouse and State Highway Safety Offices.