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Bill Summary · HB 371

Summary — HB 371: Off‑Highway Motor Vehicles on Roads

Status: Action postponed indefinitely (June 3, 2025)
Introduced: November 12, 2024
Subject areas: Local government; Motor vehicles / Off‑highway motor vehicles (OHVs)

Purpose / Intent

HB 371 would amend the Off‑Highway Motor Vehicle Act to give local governments (city and county elected authorities) primary authority to authorize and regulate operation of off‑highway motor vehicles (OHVs) on paved streets and highways within their jurisdictions. The bill shifts control from the State Transportation Commission (STC) / state Department of Transportation (NMDOT) to local governments for allowing OHVs on paved roads and setting applicable operational rules.

Key provisions

  • Removes the requirement that the State Transportation Commission (STC) approve OHV access to paved streets/highways; local governments would have the authority to allow OHVs on paved roads in their jurisdictions.
  • Authorizes local and county governments to establish speed limits and other operating restrictions for OHVs when those vehicles are permitted on paved roads under local authority.
  • Retains existing prohibitions: OHV use would remain prohibited on limited‑access highways, freeways, and certain state‑owned lands, unless state law specifically authorizes otherwise.
  • Minimal to no fiscal changes stated in the LFC analysis (see fiscal impact below).

Who would be affected

  • Local and county governments: gain authority to permit OHV operations on paved roads and to set related speed/operational rules; would need to adopt ordinances/resolutions and potentially perform traffic engineering or enforcement.
  • State agencies: NMDOT and STC would lose prior approval role for OHV access; may need to monitor and interface with multiple local rules.
  • OHV owners and operators: potential to operate on local paved streets where authorized, subject to local rules.
  • Motorists and roadway designers/engineers: potential safety and roadway design implications where OHVs are allowed to travel at posted/locally set speeds.

Fiscal and administrative impact

  • New Mexico Legislative Finance Committee (LFC) reported no fiscal impact for FY25–FY27.
  • NMDOT raised administrative and performance concerns: potential negative effects on state safety performance measures, conflicts with statutory authority (cited NMSA sections governing speed zone authority), compliance with the Manual on Uniform Traffic Control Devices (MUTCD) engineering speed‑setting practices, and increased need to monitor varied local rules. Some additional local administrative workload would be required for adopting and enforcing OHV rules.

Procedural / timeline notes

  • Introduced Nov 12, 2024.
  • Received committee consideration (Transportation committee reports recommending passage were filed in Feb–Mar 2025).
  • Final disposition: action postponed indefinitely on June 3, 2025 (bill did not advance).

If you want, I can:
- Pull the exact statutory language changes the bill proposed (to quote the amended sections), or
- Draft a brief comparison showing current law vs. proposed law for the Off‑Highway Motor Vehicle Act.

Compiled from official sources — confirm details with the bill’s official record.

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