N.M. Admin. Code § 19.5.2.16

Current through Register Vol. 35, No. 23, December 10, 2024

Section 19.5.2.16 - [Effective 1/1/2025] OFF-HIGHWAY MOTOR VEHICLES AND GOLF CARS

A. Visitors shall not operate off-highway motor vehicles or golf cars in the state parks system, except for persons with mobility disabilities as provided in Subsection D of 19.5.2.16 NMAC.

B. Off-highway motor vehicles and golf cars may be used for official purposes including:

(1) state park officials may use off-highway motor vehicles or golf cars for park operations and maintenance;

(2) government agencies or government officials or employees, including law enforcement and emergency service personnel, may use off-highway motor vehicles or golf cars while performing official duties in state parks (official duties do not include activities that do not have to occur in a park such as conferences, retreats, or training).

C. The park superintendent may approve the use of golf cars or off-highway motor vehicles by concessionaires within certain areas of a park for concession operations and maintenance.

D. Other power-driven mobility devices may only be used by visitors with mobility disabilities on established roads, pathways, trails and other areas open to pedestrian use. The use of other power-driven mobility devices is subject to more stringent laws or rules or regulations of a landowner (e.g. United States department of the interior, bureau of reclamation; New Mexico department of game and fish; United States army corps of engineers, New Mexico state land office, etc.) from which the division leases the land or reservoir. Visitors and state park officials shall comply with laws or regulations or rules of the landowner (e.g. United States department of the interior, bureau of reclamation) where applicable. Visitors shall consult park information provided at the park office and on the division's official website to determine limitations on park pathways, trails and other areas open to pedestrian use. To ensure protection of park resources, visitor safety and enjoyment:

(1) only other power-driven mobility devices not exceeding 36 inches in width and 62 inches in length are permitted on park pathways, trails and other areas open to pedestrian use;

(2) certain park pathways, trails and other areas open to pedestrian use may have other size limitations, or use of other power-driven mobility devices on certain park pathways, trails and other areas open to pedestrian use may be prohibited, as designated at the park office and on the division's official website;

(3) internal combustion engine devices are prohibited on park pathways, trails and other areas open to pedestrian use;

(4) maximum speed on park pathways, trails and other areas open to pedestrian use shall not exceed 10 miles per hour;

(5) the use of other power-driven mobility devices on park pathways, trails and other areas open to pedestrian use that produces noise that exceeds 96 decibels when measured using test procedures established by the society of automotive engineers pursuant to standard J1287 is prohibited.

E. Persons using an other power-driven mobility device may be required to provide verification that the mobility device is required because of the person's disability. Acceptable forms of verification are:

(1) a valid, state-issued, disability parking placard or card;

(2) other state-issued proof of disability; or

(3) in lieu of Paragraphs (1) and (2) of Subsection E of 19.5.2.16 NMAC, a person may provide a verbal representation, not contradicted by observable fact, that the other power-driven mobility device is being used for a mobility disability.

N.M. Admin. Code § 19.5.2.16

19.5.2.16 NMAC - Rp, 19.5.2.16 NMAC, 1/1/2008; A, 1/1/2013, Amended by New Mexico Register, Volume XXIX, Issue 09, May 15, 2018, eff. 5/15/2018, Amended by New Mexico Register, Volume XXXV, Issue 23, December 10, 2024, eff. 1/1/2025