New Mexico driving laws
The rules your permit test asks about, in plain English. Each one is quoted from New Mexico’s statutes or an official MVD page. Handbooks are often years out of date, so where the law has changed we follow the law.
Checked October 2, 2026.
The short version
- Phones and texting
- Texting, emailing or typing on a handheld device while driving is illegal for all drivers, even when stopped at a light.
- Alcohol and drugs (DUI)
- It is illegal to drive with a BAC of 0.08% or more (0.04% in a commercial vehicle).
- Seat belts and child seats
- Every occupant of a car or light truck must wear a seat belt, and the law is enforced on its own (primary).
- School buses
- Traffic from either direction must stop at least 10 feet from a school bus that is stopped with its signals on to load or unload children.
Phones and texting
Texting, emailing or typing on a handheld device while driving is illegal for all drivers, even when stopped at a light; calls are not banned for adults. For permit and provisional license holders, using any mobile device while driving counts as a traffic violation that delays their license.
Official wording (5 sources)
“A person shall not read or view a text message or manually type on a handheld mobile communication device for any purpose while driving a motor vehicle, except to summon medical or other emergency help”
nmonesource.com“includes being temporarily stopped because of traffic, a traffic light or stop sign or otherwise”
nmonesource.com“using a mobile communication device while driving a motor vehicle, unless the driver holds a valid amateur radio operator license issued by the federal communications commission and is operating an amateur radio”
nmonesource.com“has had an instruction permit for at least six months; provided that thirty days shall be added to the six months for each adjudication or conviction of a traffic violation committed during the time the person was driving with an instruction permit”
nmonesource.com“added penalty assessments for "Texting while driving - first violation Section 1 of this 2014 act 25.00" and "Texting while driving - subsequent violation Section 1 of this 2014 act 50.00"”
nmonesource.com
Alcohol and drugs (DUI)
It is illegal to drive with a BAC of 0.08% or more (0.04% in a commercial vehicle). Drivers under 21 lose their license at 0.02%. Refusing a chemical test means a one-year license revocation.
Official wording (7 sources)
“a person to drive a vehicle in this state if the person has an alcohol concentration of eight one hundredths or more in the person's blood or breath within three hours of driving the vehicle”
nmonesource.com“a person to drive a commercial motor vehicle in this state if the person has an alcohol concentration of four one hundredths or more in the person's blood or breath”
nmonesource.com“two one hundredths or more if the person is less than twenty-one years of age, shall revoke the person's license or permit to drive”
nmonesource.com“shall revoke the person's New Mexico driver's license or any nonresident operating privilege for a period of one year or until all conditions for license reinstatement are met, whichever is later.”
nmonesource.com“A first conviction pursuant to this section shall be punished, notwithstanding the provisions of Section 31-18-13 NMSA 1978, by imprisonment for not more than ninety days or by a fine of not more than five hundred dollars ($500), or both”
nmonesource.com“Upon a first conviction pursuant to this section, an offender shall be sentenced to not less than twenty-four hours of community service.”
nmonesource.com“The offender shall operate only those vehicles equipped with ignition interlock devices for: (1) a period of one year, for a first offender”
nmonesource.com
Seat belts and child seats
Every occupant of a car or light truck must wear a seat belt, and the law is enforced on its own (primary). Children ride in age- and weight-based car seats: rear-facing under 1, a child seat to age 4 or 40 lb, a booster to age 6 or 60 lb, and a seat or belt through age 12.
Official wording (6 sources)
“each occupant of a motor vehicle having a gross vehicle weight of ten thousand pounds or less manufactured with safety belts in compliance with federal motor vehicle safety standard number 208 shall have a safety belt properly fastened about his body at all times”
nmonesource.com“The provisions of the Safety Belt Use Act shall be enforced whether or not associated with the enforcement of any other statute.”
nmonesource.com“children less than one year of age shall be properly secured in a rearfacing child passenger restraint device that meets federal standards, in the rear seat of a vehicle”
nmonesource.com“children one year of age through four years of age, regardless of weight, or children who weigh less than forty pounds, regardless of age, shall be properly secured in a child passenger restraint device that meets federal standards”
nmonesource.com“children five years of age through six years of age, regardless of weight, or children who weigh less than sixty pounds, regardless of age, shall be properly secured in either a child booster seat”
nmonesource.com“children seven years of age through twelve years of age shall be properly secured in a child passenger restraint device or by a seat belt.”
nmonesource.com
Move Over law
When you approach a stopped emergency vehicle, or a stopped tow or repair vehicle, with flashing lights, move to a lane not next to it if it's safe, slow down and proceed with caution. If you can't change lanes, slow down and be prepared to stop.
Official wording (3 sources)
“Upon approaching a stationary authorized emergency vehicle or a recovery or repair vehicle displaying flashing emergency or hazard lights, unless otherwise directed, the driver of a vehicle shall”
nmonesource.com“if reasonably safe to do so, drive in a lane not adjacent to the stationary vehicle, decrease the speed of the vehicle to a speed that is reasonable and prudent under the circumstances and proceed with caution”
nmonesource.com“if it is not reasonably safe to drive in a lane not adjacent to the stationary vehicle, decrease the speed of the vehicle to a speed that is reasonable and prudent under the circumstances, proceed with caution and be prepared to stop.”
nmonesource.com
School buses
Traffic from either direction must stop at least 10 feet from a school bus that is stopped with its signals on to load or unload children. You need not stop if the bus is on a different roadway of a divided highway, or in a loading zone on a controlled-access highway where pedestrians may not cross.
Official wording (2 sources)
“The driver of a vehicle upon approaching or overtaking from either direction any school bus which has stopped on the roadway, with special school bus signals in operation, for the purpose of receiving or discharging any school children, shall stop the vehicle at least ten feet before reaching the school bus”
nmonesource.com“The driver of a vehicle upon a highway with separate roadways need not stop upon meeting or passing a school bus which is on a different roadway”
nmonesource.com
Speed limits
Unless a different limit is posted: 15 mph passing a posted school zone while children are arriving or leaving, 30 mph in business or residence districts, 55 mph on an unposted county road, and 75 mph as the highest limit anywhere.
Official wording (3 sources)
“fifteen miles per hour on all highways when passing a school while children are going to or leaving school and when the school zone is properly posted”
nmonesource.com“thirty miles per hour in a business or residence district”
nmonesource.com“fifty-five miles per hour on a county road, as defined in Section 66-7-304 NMSA 1978, without a posted speed limit; (4) seventy-five miles per hour; and”
nmonesource.com
After a crash
If a crash injures or kills anyone or causes $500 or more in property damage, notify the police immediately and send a written report to the Department of Transportation within 5 days.
Official wording (2 sources)
“property damage to an apparent extent of five hundred dollars ($500) or more shall immediately, by the quickest means of communication, give notice of the accident to the police department if the accident occurs within a municipality”
nmonesource.com“total property damage to an apparent extent of five hundred dollars ($500) or more shall, within five days after the accident, forward a written report of the accident to the department of transportation.”
nmonesource.com
Insurance
New Mexico requires liability coverage of at least $25,000 per person and $50,000 per accident for bodily injury, and $10,000 for property damage.
Official wording (3 sources)
“twenty-five thousand dollars ($25,000) because of bodily injury to or death of one person in any one accident”
nmonesource.com“fifty thousand dollars ($50,000) because of bodily injury to or death of two or more persons in any one accident”
nmonesource.com“ten thousand dollars ($10,000) because of injury to or destruction of property of others in any one accident”
nmonesource.com
Motorcycle helmets
Riders under 18 must wear a securely fastened approved helmet, and any passenger under 18 must wear one too. Riders 18 and older are not required to. Every operator of a motorcycle without an approved windshield must wear eye protection.
Official wording (3 sources)
“No person under the age of eighteen shall operate a motorcycle unless the person is wearing a safety helmet that is securely fastened on the person's head in a normal manner as headgear”
nmonesource.com“No person shall carry any passenger under the age of eighteen on any motorcycle unless the passenger is wearing a securely fastened safety helmet”
nmonesource.com“A person operating a motorcycle not having a fixed windshield of a type approved by regulation of the secretary shall wear an eye protective device, which may be a faceshield attached to a safety helmet, goggles or safety eyeglasses.”
nmonesource.com
Motorcycle permit rules
A motorcycle instruction permit is available from age 15. The supervising driver must be 21+ and licensed for 3 years but need not sit beside you, and you may not carry passengers. Riders under 18 must complete the MSF Basic Rider Course to be licensed.
Official wording (6 sources)
“who has been licensed for at least three years in this state or in another state and who is occupying a seat beside the driver except in the event the permittee is operating a motorcycle.”
nmonesource.com“A holder of an instruction permit for a motorcycle shall not carry any other passenger while operating a motorcycle.”
mvd.newmexico.gov“All new and renewal instruction permits are issued by the Motor Vehicle Division for a four-year period, except when a shorter period is required due to a medical report or because the applicant will turn 21 in less than four years.”
mvd.newmexico.gov“A person fifteen years of age or older who is enrolled in and attending or has completed a driver education course approved by the bureau that includes a DWI prevention and education component may apply to the division for an instruction permit.”
nmonesource.com“Motorcycle operators who are age 18 and above are not required to take the MSF Basic Rider Course, and are not required to wear a helmet when operating a motorcycle.”
mvd.newmexico.gov“to a person thirteen years of age or older who passes an examination prescribed by the division, a license restricted to the operation of a motorcycle; provided that: (a) the motorcycle is not in excess of one hundred cubic centimeters displacement”
nmonesource.com
Lane splitting
Lane splitting is not allowed. New Mexico has no lane-splitting law, and its traffic code requires vehicles to stay within a single lane; the driver manual says lane sharing is usually prohibited.
Official wording (1 source)
“a vehicle shall be driven as nearly as practicable entirely within a single lane and shall not be moved from such lane until the driver has first ascertained that such movement can be made with safety”
nmonesource.com
This page summarizes the law for study purposes and is not legal advice. Laws change; confirm with New Mexico Motor Vehicle Division (Taxation and Revenue Department).