TITLE 18: TRANSPORTATION & HIGHWAYS

CHAPTER 19: MOTOR VEHICLE PROCEDURES, LICENSES, PERMITS

PART 7: MOTORCYCLES

18.19.7.1 ISSUING AGENCY: Taxation and Revenue Department, Joseph M. Montoya Building, 1100 South St. Francis Drive, P.O. Box 630, Santa Fe NM 87504-0630

[10/31/96; 18.19.7.1 NMAC - Rn, 18 NMAC 19.7.1, 9/14/00]

18.19.7.2 SCOPE: This Part applies to persons who own, operate, control or sell or otherwise transfer motorcycles.

[10/31/96; 18.19.7.2 NMAC - Rn, 18 NMAC 19.7.2, 9/14/00]

18.19.7.3 STATUTORY AUTHORITY: Section 9-11-6.2 NMSA 1978.

[10/31/96; 18.19.7.3 NMAC - Rn, 18 NMAC 19.7.3, 9/14/00]

18.19.7.4 DURATION: Permanent.

[10/31/96; 18.19.7.4 NMAC - Rn, 18 NMAC 19.7.4, 9/14/00]

18.19.7.5 EFFECTIVE DATE: 10/31/96, unless a later date is cited at the end of a section, in which case the later date is the effective date.

[10/31/96; 18.19.7.5 NMAC - Rn & A, 18 NMAC 19.7.5, 9/14/00]

18.19.7.6 OBJECTIVE: The objective of this Part is to interpret, exemplify, implement and enforce the provisions of the Motor Vehicle Code.

[10/31/96; 18.19.7.6 NMAC - Rn, 18 NMAC 19.7.6, 9/14/00]

18.19.7.7 DEFINITIONS: [RESERVED]

[10/31/96; 18.19.7.7 NMAC - Rn, 18 NMAC 19.7.7, 9/14/00]

18.19.7.8 WINDSHIELD STANDARDS: Motorcycle windshields which meet the requirements for motorcycle windshields of Federal Motor Vehicle Safety Standard Number 205 (Glazing Materials‑-Passenger Cars, Multipurpose Passenger Vehicles, Motorcycles, Trucks, and Buses) issued by the United States secretary of transportation are approved for use in New Mexico.

[7/20/90, 10/14/92, 10/31/96; 18.19.7.8 NMAC - Rn, 18 NMAC 19.7.8, 9/14/00]

18.19.7.9 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; 18.19.7.9 NMAC - Rn, 18 NMAC 19.7.9, 9/14/00]

HISTORY OF 18.19.7 NMAC:

Pre-NMAC History: Certain material in this Part was derived that previously filed with the commission of public records - state records center and archives:

MVD 69-1, In the Matter of Safety Helmets, Establishing Standards, Adopting Rules and Regulations and Specifications as Required under Sections 64-2-4, and 64-18-55.1 New Mexico Statutes Annotated, 10-16-69

MVD 70-1, In the Matter of Safety Helmets, Establishing Standards, Adopting Rules and Regulations and Specifications as Required under Sections 64-2-4, and 64-18-55.1 New Mexico Statutes Annotated, 1-8-70, supersedes MVD 69-1, 10-16-69

MVD 70-7, 64-18-55.1, Safety Helmets, Penalty, 9-2-70

MVD 70-8, In the Matter of Establishing Standards for the Approval of (1) Types of Fixed Windshields as part of the Required Equipment on Motorcycles, Motor Scooters or Motor-Driven Cycles in Lieu of the Operators Thereof Using Eye Protective Devices, and (2) Types of Eye Protective Devices Required to be Worn by Operators of Such Vehicles Who Do Not Have On Their Vehicles Approved Types of Fixed Windshields, Pursuant to Section 64-18-55, NMSA, 1953 Comp., as amended, 9-2-70

MVD 72-1, 64-18-55.1, Safety Helmets, Penalty, 5-18-72, supersedes MVD 70-7, 9-2-70

MVD 73-2, Mandatory Use of Protective Helmets, 4-10-73, supersedes MVD 70-1, 1-8-70

MVC 7-355:1 & 7-356:1 - Regulations pertaining to the Motor Vehicle Code, 7-20-90, superseded by TRD Rule MVC 7-92, 10-14-92

TRD Rule MVC 7-92, 10-14-92