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Wildlife officer urges caution on off-highway vehicles, cites state law and recent fatalities
Summary
A Department of Wildlife officer told the Lovington commission that many off‑highway vehicles (side‑by‑sides, mini‑bikes) are not designed for pavement use, described state registration and juvenile‑operator requirements, and urged the city to be mindful of safety and enforcement limits under state law.
Officer Andrew Goff of the Department of Game and Fish (transferring to the Department of Wildlife) told the commission that local agencies are seeing a rise in pavement use by off‑highway vehicles and mini dirt bikes, many of which carry manufacturer warnings that they are “not for pavement use.” He described three vehicle categories and their regulatory differences, saying some machines may be registered for roadway use only if they meet specific equipment and operator requirements.
Goff outlined the state statutory framework, citing Senate Bill 270 (2016) as the law that allows municipalities to regulate ATV and ROV use on pavement and noted that dirt bikes and certain mini‑bikes are specifically disallowed on state roads unless conditions in the statute are met. He stressed operator responsibilities: authorized machines must carry headlights, taillights, mirrors and mufflers, and operators must carry valid licenses and insurance when machines are authorized for pavement use.
Goff also described juvenile‑operator rules: children under 16 without a driver’s license require supervision, helmets and a safety certificate; under‑18 operators cannot carry passengers when operating on pavement. He warned that enforcement is complicated when juveniles are involved and that many machine owners and users do not understand the distinctions between off‑pavement and on‑pavement registration.
The officer recounted recent local crashes and fatalities to underscore the risks, noting multiple incidents over recent years in the region and a fatal mini‑bike crash in Carlsbad the morning of the meeting. He told commissioners: “Every single one of [these machines] says no pavement use,” and urged the city to consider safety, registration and oversight when discussing local ordinances.
Commissioners asked clarifying questions about manufacturer‑rated tires and whether tires exist that are rated for street use; Goff said he was not aware of a widespread manufacturer solution and emphasized most of the machines in the area are fitted with knobby, off‑road tires. The commission did not take immediate legislative action during the presentation but received the information for future consideration.
The presentation also included guidance on exemptions (private land, organized competitions, agricultural use) and a reminder that the state transportation commission controls authorization of state highway use by these machines.
