§ 66-3-1102 — Electric personal assistive mobility devices; standards;

operator requirements; applicability; penalties. A. An electric personal assistive mobility device shall be equipped with: (1) front, rear and side reflectors; (2) a braking system that enables the operator to bring the device to a controlled stop; and (3) if operated at any time from one-half hour after sunset to one-half hour before sunrise, a lamp that emits a white light that sufficiently illuminates the area in front of the device. B. The secretary shall by rule prescribe motor vehicle safety standards applicable to electric personal assistive mobility devices. C. An operator of an electric personal assistive mobility device traveling on a sidewalk, roadway or bicycle path shall have the rights and duties of a pedestrian and shall exercise due care to avoid colliding with pedestrians. An operator shall yield the right of way to pedestrians. D. Except as provided in this section, no other provisions of the Motor Vehicle Code [66-1-1 NMSA 1978] shall apply to electric personal assistive mobility devices. E. An operator who violates a provision of this section shall receive a warning for the first offense. For a second offense, the operator shall be punished by a fine of ten dollars ($10.00). For a third or subsequent offense, in addition to the fine, the electric personal assistive mobility device shall be impounded for up to thirty days. F. This section does not apply to personal assistive mobility devices used by persons with disabilities.

Legislative History

Laws 2002, ch. 38, § 1; 2007, ch. 319, § 38.