N.M. Admin. Code § 19.5.2.16

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

Section 19.5.2.16 - [Effective until 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, with the exception of persons with mobility disabilities as provided in Subsection D of 19.5.2.16 NMAC or as provided in Subsection F of 19.5.2.16 NMAC for ice fishing.

B. State park officials may use off-highway motor vehicles or golf cars for park operations and maintenance.

C. The park superintendent may approve the use of golf cars 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.

F. Persons may use off-highway motor vehicles for ice fishing on the surface of the ice and in designated boat launch areas when the lake is open to ice fishing and designated for off-highway motor vehicle use.

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