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State law, local safety concerns prompt Lovington briefing on street use of off-highway vehicles
Summary
A Department of Wildlife corporal briefed Lovington commissioners on state rules for off-highway vehicles, highlighted recent local fatalities and juvenile-safety requirements, and told the commission local ordinances may authorize pavement use only within narrow statutory limits.
Corporal Andrew Scholith of the New Mexico Department of Wildlife told the Lovington City Commission on June 8 that state law allows municipalities to authorize some off-highway vehicles (OHVs) on city streets but places strict limits on which roads and which vehicle types can be authorized. "Through Senate Bill 270 . . . dirt bikes and snowmobiles are absolutely not allowed at all," he said, and he urged officials to consult the state map for counties and cities that permit pavement use.
The corporal defined several vehicle classes and the safety and registration requirements that follow when an OHV is authorized for pavement use. He said vehicles intended for pavement typically require headlights, turn signals, mirrors and registration, and operators must carry insurance and a driver's license when the machine is authorized for on‑pavement use. On juveniles he said, "Everybody under 18 has to have a helmet and eye protection . . . they can't have any passengers at all." He also warned that some electric dirt bikes look and handle like on‑road motorcycles and are being registered for pavement use in some places.
Why it matters: Commissioners face competing community pressures — residents who want more riding freedom and enforcement limits tied to local police capacity. Several commissioners noted recent budget and staffing cuts and questioned whether the police department could reliably enforce any new ordinance. "With our police department's budget cuts, they do not have the officers available to police another ordinance," Commissioner Raone said, arguing patrols should prioritize emergency response.
Corporal Scholith pointed to practical limits in enforcement and technology: many machines produce loud noise beyond recommended decibel levels, but local agencies often lack the equipment to measure sound levels or specialized enforcement tools. He also stressed that state highways and U.S. routes cannot generally be authorized for OHV use unless the state transportation commission approves them.
What comes next: Staff and the commission discussed options for drafting an ordinance that would remain within state law and be tailored to local enforcement capacity. Commissioners requested additional legal and operational analysis before taking formal action.
