David Chester, New Mexico's off-highway vehilce program manager, used this presentation to discuss New Mexico's OHV program at CPSC's ATV Safety Summit on Oct. 11, 2012. Comprehensive ATV Legislation: The New Mexico Off-Highway Motor Vehicle Act of 2006 is a comprehensive and uniform set of standards for the registration, permitting and safe operation of ATVs and other off-road vehicles, and for the certification of OHV safety training organizations, instructors and guides, and matters related to off-highway vehicle recreation on public lands. The standards focus on protecting the safety of ATV and other off-highway vehicle users, and ensuring responsible and sensitive use on public lands. The Act synthesizes years of lessons learned and experience from health care professionals, land management agencies, private land owners, and practical guidelines provided by industry leaders. Serving the last three years as New Mexico’s OHV Program Manager, I have shared New Mexico’s OHV Act with other state’s who are forming standards for off-road recreation. As the legislative chairman of the International OHV Administrators Association, I have compiled a database of other state’s OHV legislation for the use by other program managers and to stay current on legislative trends across North America. Serving 21 years in law enforcement prior to becoming the state off-highway vehicle manager sealed my interest in working with laws that can affect public health and safety.

1. NEW MEXICO OHV PROGRAM
YOUTH ATV SAFETY STANDARDS

2. New Mexico’s Youth ATV Standards
• New Mexico’s Off-Highway Motor Vehicle Act
is a comprehensive and uniform set of
standards focusing on the protection and
safety of ATV and other off-highway vehicle
users.
• The Act includes 6 safety requirements for
youth ATV operators and includes:

3. Equipment Requirements
• SAFETY HELMETS
• All off-highway motor vehicle operators and passengers under
the age of eighteen (18) shall wear safety helmets that comply
with the state and federal safety standards (www.B4uRide.com)
• EYE PROTECTION
• Unless the off-highway motor vehicle has a protective
widescreen, all off-highway motor vehicle operators and
passengers under the age of eighteen must wear eye protection
that meets or exceeds the Vehicle Equipment Safety Standards
Regulation VESC-8 (www.B4uRide.com) and more generally
know as safety glasses or safety goggles. Additionally, the
protective eyewear must be free of scratches, give a clear view to
both sides and fastened securely.

4. Age Appropriate/Size Fit Requirements
PHYSICAL FIT STANDARD FOR ATV’s
– Clearance between seat and inseam while standing on foot pegs: 3-6
inches
– Upper legs near horizontal when seated
– Foot long enough to engage brake
– Grip reach allows for operating without leaning to far forward
– Throttle reach allows right hand to easily operate throttle
– Brake reach-fingers must go past the brake handle……
AGE APPROPRIATE FIT
– No one under 6 can operate on Public Land
– Under 10, No greater than 100cc
– 10-15, not greater than 250cc
– 14 & 15 with DL can ride up to 450cc
– 16 can ride over a 250cc OHV……..

5. OHV Safety Training Requirements
• Any person under 18 years
old is required to have
completed an OHV safety
training course before
operating on PUBLIC LAND
• They must have safety
training permit with them
and present permit on
demand

6. Youth Supervision Requirements
• Under 10 years old
– OHV must be age appropriate fit
– Visually supervised by parent or
guardian
– Restrictions do not apply when part of
an organized tour with a certified OHV
guide
• Under 18 years old but at least
10 years old
– Cannot operate an OHV unless visually
supervised at all times by a person
over 18 with a valid drivers license
– Exempted from this are those 13 &
over with a motorcycle license and
OHV safety certificate
– OR those over 15 with a DL,
Instructional or provisional license and
OHV safety certificate

7. No Pavement Use/No Passengers
• No ATV operation on limited access highway or freeway or on
any paved street or highway other than to cross to a trailhead
or parking area
• NEVER carry a passenger, even if ATV is designed for two if
operator is under 18 yrs

8. International Off-Highway Vehicle
Administrators Association, INOHVAA
• Chairman of INOHVAA Legislative Committee
– Collecting state links to OHV laws for access to public and
association membership from INOHVAA website
– Collection and posting of state’s definitions for OHV/ROV
– Collecting legislative trends around the country for
discussion during committee meetings
– Working towards a uniform set of standards for state OHV
programs concerning safety training and registration
reciprocity

9. SUMMARY
• 1. SAFETY EQUIPMENT
• 2. AGE APPROPRIATE/SIZE FIT REQUIREMENT
• 3. SAFETY TRAINING REQUIREMENT
• 4. SUPERVISION REQUIREMENT FOR JUVENILES
• 5. NO CARRYING OF PASSENGERS IF UNDER 18
• 6. NO OPERATION ON PAVEMENT
– New Mexico has seen a reduced number of fatalities on
public lands since the Act was passed. CPSC ATV Fatalities by
State 2007-2010.

10. QUESTIONS?