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State wildlife officer warns Lovington officials: many recreational off‑highway vehicles are 'not for pavement use'
Summary
A Department of Wildlife officer briefed the Lovington City Commission on state OHV law, emphasizing manufacturer warnings, juvenile safety requirements and limits on local authority to authorize pavement use; commissioners noted police staffing cuts that could limit enforcement.
Corporal Andrew Scholith of the New Mexico Department of Game and Fish told the Lovington City Commission that many of the small dirt‑bike and side‑by‑side vehicles officials are seeing carry manufacturer warnings prohibiting pavement use and that local ordinances must align with state law.
"Every single machine has a warning label that says 'not for pavement use,'" Scholith said, noting that the state law referenced by his presentation permits municipalities to adopt ordinances that allow some OHVs on city streets but bars authorization of U.S. and state highways. He described registration pathways through the Motor Vehicle Division or the Department of Wildlife and said juvenile operators must have a safety certificate, helmet and, in many cases, parental supervision.
Commissioners and staff raised enforcement and safety concerns. Chief Clark reported monthly activity numbers for May — calls for service, citations and arrests — and commissioners reminded the panel the police department has lost personnel: "our budget was cut by $2 million," Commissioner Raone said, arguing that reduced staffing makes new enforcement duties difficult to absorb.
Scholith also described crash and impairment issues investigators have seen: OHV incidents can qualify as DWIs under state law and state statutes can require safety equipment such as spark arrestors and lights when machines are authorized for pavement. He recommended that the commission, if it considers an ordinance to allow pavement use, specify required equipment, operator licensing and clear juvenile‑use rules.
Commissioners did not advance a specific ordinance at the meeting. Instead, they took the presentation as an informational briefing to use when the issue returns for formal consideration. Several members asked staff to monitor neighboring jurisdictions that have adopted pavement ordinances and to prepare draft language and enforcement-cost estimates before any vote.
