State Bike Laws
Riding a bike is a healthy, fun and safe activity. However, it isn't without some risk. The following information highlights 13 areas of law that may minimize that risk and have the potential to reduce conflicts between bikes and cars (and other traffic). These highlights only cover statewide laws and are not comprehensive.
If you want to learn more about state bicycling policies and efforts, check out our Bicycle Friendly State program.
Check out our Smart Cycling videos if you are interested in bicycling education videos.
All laws mentioned here were compiled as part of a research project in the fall of 2012 and may be subject to change. We update laws as we work with our member advocacy organizations to pass better laws and as advocates or the public tell us about changes. Please help us keep them updated by contacting [email protected] with any updates.
Select your state from the list below to review that state's bike laws.
New Mexico
Safe Passing Laws
New Mexico does not have a law that sets a specific distance for a motor vehicle overtaking a bicycle. The overtaking of a bicycle by a motor vehicle, or vice versa, is governed by general traffic laws and, in most circumstances, such overtaking must be done to the left at a safe distance.
Source: N.M. Stat. Ann. §66-7-310
Helmet Law
New Mexico requires that any minor riding a bicycle, as an operator or passenger, must wear a protective bicycle helmet. A minor is a person under 18 years of age. Failure to wear a protective helmet shall not limit or apportion damages.
Source: N.M. Stat. Ann. §§32A-24-3; 32A-24-2; 32A-24-5.
Share the Road license plates
New Mexico does not offer Share the Road license plates at this time.
Source: N/A
Vulnerable Road User Laws
New Mexico does not have any vulnerable road user laws at this time. There are currently no national standards for laws protecting vulnerable road users, but the League of American Bicyclists has drafted a Model Vulnerable Road User statute, which you can find here.
Source: N/A
Distracted Driving Laws
New Mexico currently has the following law aimed at distracted driving, subject to limited exceptions:
- It is a traffic violation for any holder of a provisional license to use a mobile communication device while driving a motor vehicle.
Source: N.M. Stat. Ann. §66-5-1.1
Where to Ride
New Mexico requires that a bicyclist ride as near to the right side of the roadway as practicable, exercising due care when passing a standing vehicle or one proceeding in the same direction.
Source: N.M. Stat. Ann. §66-3-705
Sidewalk Riding
New Mexico does not have a statute that specifically authorizes or prohibits the operation of a bicycle upon a sidewalk.
Source: N/A
Mandatory Use of Separated Facilities
New Mexico does not require that bicyclists use any lane or path other than a normal vehicular traffic lane.
Source: N/A
Bicycling Under the Influence
In New Mexico, bicycles are not defined as vehicles. New Mexico’s law prohibiting driving while under the influence of alcohol or other controlled substances is written so that it applies to vehicles and therefore does not directly apply to bicyclists. Nevertheless bicycles should not be operated while intoxicated and a bicyclist may potentially be charged with a DUI because bicyclists are subject to the duties applicable to vehicles
Source: N.M. Stat. Ann. §§66-8-102; 66-1-4.19
“Idaho Stop” and Vehicle Detection Errors
New Mexico does not provide any modifications to the requirement to come to a complete stop when directed to stop by traffic control devices and does not authorize bicyclists to disobey traffic lights that fail to detect bicyclists.
Source: N/A
Authorization for Local Regulation of bicycles
New Mexico provides that its state traffic laws shall not be deemed to prevent local authorities, with respect to streets and highways under their jurisdiction and within the reasonable exercise of the police power, from regulating the operation of bicycles and requiring their registration and licensing, including the requirement of a registration fee.
Source: N.M. Stat. Ann. §66-7-9
Dooring law
In New Mexico it is a misdemeanor for any person to open the door of a vehicle on the side near moving traffic unless: it is reasonably safe to do so; and the door can be opened without interfering with the movement of traffic. It is also a misdemeanor to leave a door of a vehicle open on the side of the vehicle near moving traffic for a period of time longer than necessary to load or unload passengers.
Source: N.M. Stat. Ann. §66-7-367
Treatment as a Vehicle
In New Mexico bicycles are not vehicles according to the statute that defines vehicles, but a person riding a bicycle has all of the rights and duties of a driver of a vehicle.
Source: N.M. Stat. Ann. §§66-1-4.19(B); 66-3-702