New Mexico Statutes

N.M. Stat. § 66-3-702 (2026)

Traffic laws apply to persons riding bicycles

✓ current as of May 2026
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Every person riding a bicycle upon a roadway shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of a vehicle except in regard to the:

A. equipment, maintenance and operation of the bicycle pursuant to Sections 66-3- 701 through 66-3-707 NMSA 1978; or

B. operation of the bicycle at an intersection pursuant to Section 66-7-345 NMSA 1978.

History: 1953 Comp., § 64-3-702, enacted by Laws 1978, ch. 35, § 101; 1978 Comp., § 66-3-702, 2025, ch. 22, § 1.

ANNOTATIONS

Cross references. — For traffic laws generally, see 66-7-2 NMSA 1978 et seq.

The 2025 amendment, effective July 1, 2025, clarified that bicyclists are subject to the same duties as drivers of vehicles on roadways except in regard to the equipment, maintenance and operation of the bicycle, added a new exception to the provision in regard to the operation of bicycles at intersections, and updated citations to certain sections of law; in the introductory clause, after "except" deleted "as to the special regulations within Sections 64-3-701 through 64-3-707 NMSA 1953" and added "in regard to the"; and added Subsections A and B.

Bicyclists are placed in the same duty category as other vehicular traffic. Aragon v. Speelman, 1971-NMCA-161, 83 N.M. 285, 491 P.2d 173.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 7A Am. Jur. 2d Automobiles and Highway Traffic § 209.

Notes of Decisions
Cited in 2 cases (1 in the last 5 years), 2012–2025 · leading case: State v. Billey (N.M. Ct. App. 2025).
State v. Billey (N.M. Ct. App. 2025). · cites it 2× “In the second category 8 are the statutes that explicitly specify that they apply in places that differ from the 9 places listed in the general rule, see §§ 66-3-702, -704, -705, -709—that is, places 10 other than “any highway or upon any path set aside for the exclusive use of…”
State v. Leatherman, No. 30,054 (N.M. Ct. App. Aug. 28, 2012). · cites it 2× “See NMSA 1978, § 66-3-702 (1978) (“Traffic laws apply 5 to persons riding bicycles.”
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