We would like to wish all the families and friends a safe and healthy blessing during this difficult time in regards to the COVID 19 Pandemic.
During this difficult time of the COVID 19 events, and while most locations, businesses and employers were shut down, we were conducting very little traffic enforcement regarding several traffic laws, to include the Off-Highway Motor Vehicle Act.
We would like to provide the Citizens of Rio Arriba County and the Valley of Española an opportunity to have a better understanding of the current rules, regulations and laws in regards to the Off-Highway Motor Vehicle Act, and in a full effort to help maintain awareness and safety within the communities.
• The Governor signed Senate Bill 270 (introduced by Senate Minority Caucus Chair; Steve Neville (2016-Second Session) which would allow approved ATV’s/Off Highway Motor Vehicles on New Mexico Paved Roadways.
• With the above noted SB 270, the New Mexico Motor Vehicle Division would now allow ATV’s/ Off Highway Motor Vehicles the ability to apply to make them highway approved/legal (considering they meet registration, insurance, equipment and safety requirements).
• SB 270 made it very clear it would be up to all local entities and governmental jurisdictions to determine/decide whether or not to pass a local ordinance or resolution to make it legal to travel on state roadways/paved roads for their designated jurisdictions. There are exceptions to the rules of the Act for agriculture purposes, but only for those purposes.
• Sen. Neville stated, “I want to be clear that the intent of the bill is not to replace or substitute vehicle usage for day to day transportation. Local governments should use the authority sparingly, and only after careful consideration of their community needs and risks associated with OHV use.”
• Rio Arriba County and the City of Espanola have not approved a local ordinance and/or a resolution to allow OHV’s to legally operate on roadways, except for the agriculture purposes exception.
• Without a current approved ordinance and or resolution, the operations of any and all ATVs/Off Highway Motor Vehicles are prohibited to be operated on local, county, state roadways.
The Rio Arriba County Sheriff’s Office, Española Police Department and the New Mexico State Police will begin to enforce any and all Off Highway Motor Vehicle Act Violations. This does include operating any ATV/or OHV on any roadway or area closed to OHV traffic under the local, state, and federal regulations.
Operating these vehicles on a public roadway is a class 4 violation with a penalty assessment of $261.00.
The Rio Arriba Sheriff’s Office, Espanola Police Department and the New Mexico State Police would like this public notice to serve the citizens of our communities to help enhance safety/awareness, provide some educational oversight, and mindfulness of the current rules and regulations. This serves as a courtesy to all ATV/Off Highway Motor Vehicle Owners/operators prior to any enforcement which will begin effective July 3.
Submitted by Rio Arriba County Sheriff’s Capt. Lorenzo Aguilar.