New Mexico § 66-3-1018 - Department; powers and duties

§ 66-3-1018. Department; powers and duties

A. The department shall cooperate with appropriate federal agencies, public and private

organizations and corporations and local government units to implement the provisions

of the Off-Highway Motor Vehicle Act. B. The department: (1) shall accept and evaluate all applications for approval and certification of an

off-highway motor vehicle safety training organization and approve and certify those

that meet the minimum criteria; (2) shall notify the division of the off-highway motor vehicle safety training organizations

that have received approval and certification; (3) shall establish and revise as appropriate minimum criteria to approve and certify

an off-highway motor vehicle safety training organization. The criteria shall include requirements for curriculum and materials for: (a) training instructors to teach off-highway motor vehicle safety; (b) training the public about off-highway motor vehicle safety and age-appropriate

size-fit use of off-highway motor vehicles; and (c) teaching responsible use of off-highway motor vehicles with respect to environmental

considerations, private property restrictions, agricultural and rural lifestyles and

cultural considerations, off-highway motor vehicle operating laws and prohibitions

against operating off-highway motor vehicles under the influence of alcohol or drugs; (4) shall implement a state off-highway motor vehicle safety training and certification

program; (5) shall adopt and promulgate rules regarding the: (a) age-appropriate size-fit use of all-terrain vehicles or recreational off-highway

motor vehicles; (b) acceptance or accreditation of instruction or safety courses provided by other

states; and (c) standards covering the specifications of eye protection and safety helmets; (6) may recommend, with public participation and input, off-highway motor vehicle

park, facility and trail locations to the state, county, tribal or local governing

body or private entity that owns or administers the land upon which the park, facility

or trail is located. The department shall establish criteria to recommend locations that include consideration

of off-highway motor vehicle operating laws and effects on: (a) wildlife and the environment; (b) adjacent state, county, federal, tribal and private property; (c) other recreational and nonrecreational uses on the same or adjacent lands; and (d) archaeological, cultural and historic resources and customs; (7) shall recommend restoration or, if deemed necessary, closure of off-highway motor

vehicle tracks or trails to the state, county, tribal or local governing body or private

entity that owns or administers the land upon which the tracks or trails are located

if they pose significant or irreversible environmental damage, a danger to users or

a public nuisance as determined by the department. The department shall consider the construction of alternative tracks or trails as

part of the closure process; (8) shall accept and evaluate all applications for grants from the fund for implementation

of the provisions of the Off-Highway Motor Vehicle Act. The department shall establish criteria for grants from the fund that include consideration

of the: (a) applicant's financial and legal status; (b) applicant's management plan, including specific measures to avoid or minimize

environmental damage to public and private lands and danger to users and spectators; (c) operating budget for the park, trail, facility or staging area; (d) availability of matching funds; and (e) public participation and input; (9) shall certify tour guides; (10) shall prepare a management plan that accomplishes the purposes of the Off-Highway

Motor Vehicle Act in a cost-effective manner and relies on existing agencies' available

funding with specific qualifications for program implementation, which shall include

joint powers agreements with the department of public safety and other law enforcement

agencies for law enforcement and other agencies as appropriate for carrying out the

provisions of the Off-Highway Motor Vehicle Act; (11) shall develop and implement an overall enforcement strategy for the entire state

that includes: (a) cooperation with federal, state and local law enforcement agencies to provide

training and educational materials related to off-highway motor vehicle use; (b) coordination efforts related to off-highway motor vehicle use with participating

law enforcement agencies; (c) developing strategies for addressing and mininizing impacts on farmers and ranchers

in rural agricultural areas, on hunters and anglers and on non-motorized recreationalists

by off-highway motor vehicle use; and (d) using law enforcement DUI-type “blitzes” in heavily used areas, staging areas

or other problem areas; (12) shall develop and implement an overall educational strategy for the entire state

that: (a) incorporates materials developed by the United States department of agriculture

forest service program that teaches trail etiquette and respect for natural resources; (b) includes the development of New Mexico-specific written, video or other educational

materials and educational programs that address the impact of off-highway motor vehicles

on traditional living culture, agricultural land and private property; and (c) includes the development and maintenance of a web site containing rules and regulations,

safety information and educational material relating to resource protection and the

impact of off-highway motor vehicles on traditional living culture, agricultural land

and historical sites; (13) shall develop an overall strategy for phased implementation of an information

system to track information, such as use patterns, injury data, ecological data, natural

resource data and data relating to the impact of off-highway motor vehicles on traditional

living culture and on agricultural land. The strategy shall include: (a) identification and implementation of appropriate data collecting mechanisms, such

as a toll-free number or a web-based data collecting process; and (b) development of an information system program capable of interfacing with existing

government and private databases or other information systems; (14) may implement noise enforcement by the testing of sound levels of off-highway

motor vehicles at the time of registration and equip law enforcement officers with

sound meters for field testing of sound levels; (15) may contract with government or quasi-government agencies to conduct analysis

of the impact of off-highway motor vehicle use on forests, rangeland and other natural

resources and use the data obtained to make recommendations to the appropriate land

management agency; (16) shall review the definition of “ off-highway motor vehicle ” as needed to include new classes of off-highway motor vehicles as they become available

in the marketplace; (17) shall, in cooperation with the division, determine the size, composition, attachment

mechanism, letter or number height and other properties of off-highway motor vehicle

identification. This identification may be a traditional license plate, stick-on lettering as used

for boat identification or another form of identification that is visible and readable; (18) shall present its semiannual plans and progress to the advisory board for the

board's input and response; and (19) may collaborate with the appropriate land agencies to develop criteria for signage

relating to off-road motor vehicle use, including the size, visibility, graphics and

frequency of signage.