What is legal in New Mexico?

Discussion in 'Laws, Legislation & Emissions' started by Buchenrad, Aug 17, 2013.

  1. Buchenrad

    Buchenrad New Member

    I am new to the motorized bicycle. I am about to start my first build and I have no idea if there are limitations on displacement or maximum speed or anything like that. I could not find a thread on here about NM. Does anybody have an overview on NM laws?

    Also if I was to altogether remove my pedals and just keep the crank and mount some foot pegs, would it still be classified as a motorized bicycle? (is MB the common abbreviation used here?)

  2. grinningremlin

    grinningremlin Active Member

    There's full legalese for NM here somewhere, but here's what I know.Under 50cc's, must have functional pedals, need drivers license (I've never been asked or stopped), not over 30 mph.If you go rackmount, ride safely/courteously you should have no problems.Good luck.
  3. Buchenrad

    Buchenrad New Member

    Thank you for the information.

    Is there a legal difference if I mount the engine on my rack instead of between my legs (I assume thats what you mean by rackmount)

    I think Im too heavy to break 30 anyway... lol

    Are there any helmet regulations?
  4. LR Jerry

    LR Jerry Well-Known Member

    From what I've read of New Mexico law you must meet moped requirements.

    66-3-1101. Mopeds; standards; operator requirements; application of Motor Vehicle Code.

    A. Mopeds shall comply with those motor vehicle safety standards deemed necessary and prescribed by the director of motor vehicles.

    B. Operators of mopeds shall have in their possession while operating a moped a valid driver's license of any class or permit, issued to them.

    C. Except as provided in Subsections A and B of this section, none of the provisions of the Motor Vehicle Code [66-1-1 NMSA 1978] relating to motor vehicles or motorcycles as defined in that code shall apply to a moped.

    D. As used in this section, "moped" means a two-wheeled or three-wheeled vehicle with an automatic transmission and a motor having a piston displacement of less than fifty cubic centimeters, which is capable of propelling the vehicle at a maximum speed of not more than thirty miles per hour on level ground at sea level.
  5. grinningremlin

    grinningremlin Active Member

    That's where it's a gray area.These are MAB's not mopeds.A bike has no VIN, can't be registered, therefore not a moped (in NM).If it came to court it's easy to fight, tell the judge "have someone pedal an MAB a mile circuit without engine running, and then the same circuit pedaling the moped without engine running in the same time and say an MAB is a moped."
    I've been passed by sheriffs and state troopers, AND have passed troopers on the left (engine blazing) that have cars pulled over and not a problem one.A rack mount is a friction drive or GEBE (anything on the "rack"), keeps the bike looking like a bike, easy to go stealth (check Stoltzee's bike), if you go rack it's hard to use the "moped" argument.When using a frame mount, it looks like a motorcycle, it starts with the pedals and from what I can tell pedal power is useless over 10mph, AND you wouldn't want to pedal it without engine over 5 miles, screams of "moped".If you ride safely and courteously you'll likely have no problems.
    No helmets required in NM for motorcycle bike or anything, thank goodness.
  6. LR Jerry

    LR Jerry Well-Known Member

    New Mexico clearly defines what a bicycle is. You can't call it a bicycle if there is an engine on it. You can call it a moped if you meet the requirements of a moped. You'll also have to use this law with it.

    66-1-44.16 Definition of New Mexico law

    L. "specially constructed vehicle" means a vehicle of a type required to be registered under the Motor Vehicle Code not originally constructed under a distinctive name, make, model or type by a generally recognized manufacturer of vehicles and not materially altered from its original construction;

    This law allows you to call it a self built moped. If you don't meet the requirements of a moped then its an off road vehicle. This is merely from a legal standpoint. Like most places if you don't ride like an idiot and fully obey the traffic laws the cops probably won't bother you.