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The Law*

State law requires anyone riding in a motor vehicle that was manufactured with seat belts to wear a seat belt while the vehicle is in motion.


Seat Belts

Police officers have the right to pull over a vehicle just because an occupant is not obeying this law. Violators may be fined $25, have two points assessed on their license, and face possible additional fees depending on where they live.


Car Seat Laws

The law concerning car seats vary with the child's age.

Children under the age of 1 year need to be properly secured in an approved rear-facing safety seat placed in the back seat of the vehicle. In a vehicle without a rear seat, place the child in a safety seat on the front passenger seat, as long as the passenger-side air bag has been deactivated.

Children between the ages of one and five and those weighing under 40 pounds must be properly secured in an approved safety seat.

Children ages five and six and those weighing under 60 pounds must be properly secured in an approved booster seat or another appropriate car seat.

Children between 6 and 12 years old may be properly secured in a car seat or booster seat, or by a seat belt.

If you're in the market for one, you can shop online for a car seat at any time. When ordering, be sure the car seat matches your child's height, weight and age.


Penalties

Drivers may be fined $25, have two points assessed on their license, and face possible additional fees depending on where they live for failing to properly secure children riding in their vehicle.


Speeding Laws

New Mexico has an absolute speeding law, meaning the posted speed limit is the maximum speed motorists can drive on New Mexico roads and highways. No motorist can drive on a highway at a speed:

15mph on all highways when passing a school while children are going to or leaving school and when the school zone is properly posted15mph on all highways when passing a school while children are going to or leaving school and when the school zone is properly posted.

30mph in a business or residence district.

35mph on a county road without a posted speed limit.

75mph on any interstate.

The posted speed limit in construction zones posted as double fine zones or other safety zones posted as double fine zones as designated by the department of transportation; provided that the posted speed limit shall be determined by an engineering study performed by the department of transportation.



Fines

Up to 10 miles per hour over the limit, $25 fine.

11 to 15 miles per hour over the limit, $30 fine.

16 to 20 miles per hour over the limit, $65 fine.

21 to 25 miles per hour over the limit, $100 fine.

26 to 30 miles per hour over the limit, $125 fine.

31 to 35 miles per hour over the limit, $150 fine.

More than 35 miles per hour over the limit, $200 fine.



Careless Driving

Any person operating a motor vehicle on a New Mexico road or highway shall give their entire attention to the operation of the motor vehicle.

Any person operating a motor vehicle in a careless, inattentive, imprudent manner without the due regard to width, grade, corners, curves, traffic, weather and road conditions and all other attentive conditions has committed careless driving.



Penalties

Guilty of Misdemeanor

1st offense – Not less than $100 or more than $500 fine

2nd and subsequent offense – Not less than $500 or more than $1,000


*Laws are always changing. We cannot guarantee the accuracy or completeness of the information contained herein. Please visit New Mexico legislature, nmlegis.gov for the most current laws.