New Mexico

 

Question

Data

Commercial Vessels

Does your state/territory regulate commercial vessels on sole state waters?

Yes

Other, please specify

If you answered yes to the previous question, is your agency responsible for enforcing regulations on commercial vessels on sole state waters?

Yes

Other, please specify

If you answered "No" to the previous question, which state agency is responsible?

We handle liveries and commercial rafting.

White Water

Does your state regulate vessel operation in white water areas?

Yes

Other, please specify

Does your state regulate commercial white water operations?

Other, please specify

Other, please specify

in cooperation with USDOI BLM

Search & Rescue

Does your agency have a dive team?

No

Other, please specify

What agency is responsible for Search and Rescue operations?

New Mexico State Police and Tribal Dive Teams

What agency is responsible for victim recovery?

New Mexico State Police and Tribal Dive Teams

Boating Education Requirements

Does your state require mandatory boating safety education for some segment of the population?

Yes

Who is required to complete a boating education course in your state?

Those born on or after Jan 1, 1989.

Are only residents of your state required to complete a boating education course?

No

Other, please specify

Education Exemptions

Are non-residents exempt from having to take a boating education course in your state?

No

Other, please specify

Are U.S. Coast Guard licensed operators exempt from having to take a boating education course in your state?

Yes

Other, please specify

Are any other persons exempt from having to take a boating education course in your state? Please list.

thos renting a motorboat for 30 days or fewer and have received instructions on safe boat operation and received a summary of boating law from the rental company.

Exams and License/Certificate Issuance

Is issuance of a license/certificate dependant upon passing an exam in your state?

Yes

Other, please specify

If you answered "Yes" to the previous question, what is the passing score in your state?

80%

Providers of Education Courses

State Agency

X

US Coast Guard Auxiliary

X

US Power Squadrons

Public School System

Private Company

X

Other, please specify

Minors, Powerboats Personal Watercraft

Does your state require an adult to be on board when a minor is operating a motor-powered vessel other than a PWC?

Yes

Other, please specify

Does your state require an adult to be on board when a minor is operating a PWC?

Yes

Other, please specify

Minimum Ages for Education Certification

Does your state certify minor boaters?

Yes

Other, please specify

What is the minimum age someone can be certified in your state?

must be at least 13 years of age to operate

Does your state have reciprocity for accepting out of state certification of minor boaters if the certification course meets NASBLA's Education Standards?

yes

Mandatory Boat Operator Licensing

Does your state require mandatory boat operator licensing?

No

Other, please specify

Minimum Ages for Non-PWC Vessels

Does your state set a minimum age requirement to operate a motor powered vessel other than a PWC?

Yes

If you answered "Yes" to the previous question, please list the required age and any other details such as horsepower rating.

13

Does your state set any minimum age requirements to operate a PWC?

Yes

If you answered "Yes" to the previous question, please list the requirements.

13

Minimum Ages for Non-Powered Vessels

Are there any minimum age requirements in your state to operate non-powered vessels such as sailboats, canoes or kayaks?

Yes

If you answered "Yes" to the previous question, please list the requirements.

sailboats 13 canoes and kayaks none

Education Reciprocity

Do you accept out-of-state boating education certificates in your state?

Yes

Other, please specify

If you answered "Yes" to the previous question, which type of certificates do you accept?

NASBLA

Does your state honor NASBLA-approved course reciprocity for non-residents?

Yes

Other, please specify

Wallet-Sized Certificates

Does your state issue wallet size boating certificate cards?

Yes

Other, please specify

How long are education certificates/student wallet cards valid in your state?

Life

Challenge Exams

Does your state allow students to take a challenge exam to meet your state boating education requirement?

Other, please specify

Online Courses & Proctoring

Does your state have any laws in place which expressly prohibit online boating safety courses?

No

Other, please specify

Does your state require boating safety tests to be proctored?

Yes

Other, please specify

Water Skiing

Does your state require an observer to be present when pulling a skier?

Yes

Other, please specify

Does your state require a mirror to be present when pulling a skier?

Other, please specify

Other, please specify

Ski mirror is also allowed provided 180 degree

Does your state prohibit water skiing during any specific time of the day/night?

Yes

If you answered "Yes" to the previous question, please describe the time(s) when skiing is prohibited.

between one hour after sunset to one hour before sunrise

Water Skiing

Does your state require a skier to wear a U.S. Coast Guard-approved PFD?

Yes

Are self-propelled skis allowed to be used in your state?

No

Does your state require the use of a skier down flag?

Yes

Describe any other water skiing restrictions in your state.

illegal to ski within 150' of any public dock, mooring line, launch ramp, boat, fisherman, swimmer or any person not engaged in the same activity.

Motorboat Noise

Is there a maximum noise level for motorboats in your state?

Yes

If you answered "Yes" to the previous question, please give the levels and standard used.

Aside from racing noise level may not generate complaints from other users in state parks

Is there a factory muffling alteration law in your state?

Yes

If you answered "Yes" to the previous question, what is the law?

use of cutouts or non-muffled headesr is prohibited. All vessel engines must be equipped with an effective muffling device

Is boat noise governed by local ordinance in your state?

No

If you answered "Yes" to the previous question, what is the local ordinance?

Marine Sanitation Devices

Does your state prohibit Y-valve through-hull discharge in waters of state jurisdiction?

Yes

Other, please specify

Does your state require Y-valves to be locked/closed in waters of state jurisdiction?

Yes

Other, please specify

Marine Sanitation Devices

What are the penalties for misuse or failure to equip a vessel with a Marine Sanitation Device in your state?

You may be held guilty of a petty misdemeanor by the county magistrate judge. This is punished by a fine of not less than $50 nor more than $500 or by imprisonment for not more than 30 days or both. The court may also impose court costs. (31-19-1 NMSA 1978) The judge may also elect to deferr or suspend the sentence and place the defendant on probation.

What are the penalties for illegal dumping/discharge of a Marine Sanitation Device in your state?

You may be held guilty of a petty misdemeanor by the county magistrate judge. This is punished by a fine of not less than $50 nor more than $500 or by imprisonment for not more than 30 days or both. The court may also impose court costs. (31-19-1 NMSA 1978) The judge may also elect to deferr or suspend the sentence and place the defendant on probation.

Personal Watercraft Operation

Does your state require users to wear a U.S. Coast Guard-approved PFD when operating a PWC?

Yes

Does your state require PWC rental operators to provide any instruction or education in PWC operation prior to use?

Yes

If you answered "Yes" to the previous question, how much instruction is required?

Instructional checklist and review of operation and state boating laws and regulations.

Does your state prohibit PWC operation at any specific times?

Yes

If you answered "Yes" to the previous question, please list the times.

Between Sunset and Sunrise

Personal Watercrafts and Skiers

Does your state allow PWCs to pull water skiers?

Yes

If you answered "Yes" to the previous question, are there any restrictions?

Mandatory PFD wear, observer on board, seat for skier.

Personal Watercraft Restrictions

Is there a speed limit specific to PWCs other than slow/no wake zones in your state?

No

If you answered "Yes" to the previous question, please list the speed limit.

Is PWC operation restricted within any area or zone in your state?

No

If you answered "Yes" to the previous question, please list the restricted area or zone.

Are limitations imposed on wake jumping with PWCs in your state?

Yes

If you answered "Yes" to the previous question, please describe the limitations.

within 150 feet of any other cruising vessels.

Is there a kill switch or safety lanyard requirement for PWCs in your state?

Yes

Life Jackets

Which persons in your state are required to wear a PFD and under what circumstances?

Mandatory wear for all canoes, kayaks, rafts, PWC operator and passengers on all waters of the state. Mandatory wear for those 12 years of age and younger at all times when vessel is underway with exception of being inside the cabin.

What are the penalties for violating PFD regulations in your state?

You may be held guilty of a petty misdemeanor by the county magistrate judge. This is punished by a fine of not less than $50 nor more than $500 or by imprisonment for not more than 30 days or both. The court may also impose court costs. (31-19-1 NMSA 1978) The judge may also elect to deferr or suspend the sentence and place the defendant on probation.

Blood Alcohol Content

What is the BAC level at which a person is considered intoxicated in your state?

0.08

Does your state have a lower threshold for BAC for minor boaters?

No

If you answered "Yes" to the previous question, what is the BAC level for minors?

Boating Under the Influence

Does a BUI conviction impact an offender's automobile driving privileges in any way in your state?

No

If you answered "Yes" to the previous question, how are their privileges impacted?

BUI Saturation Patrols & Checkpoints

Are BUI saturation patrols utilized in your state?

No

If you answered "Yes" to the previous question, how are they used?

Are BUI checkpoints utilized in your state?

No

If you answered "Yes" to the previous question, how are they used?

Alcohol Testing for BUI

Does your state allow blood tests to determine BAC or BUI?

Yes

Does your state allow breath tests to determine BAC or BUI?

Yes

Does your state allow urine tests to determine BAC or BUI?

No

Test Usage in Criminal Evidence

Blood

X

Breath

X

Urine

Field Sobriety Tests

Does your state require field sobriety tests to be conducted on shore?

No

Other, please specify

Can refusal of a test be used against a boater in criminal prosecution in your state?

Yes

Other, please specify

Do marine officers utilize random BUI inspections that include boarding the boat in your state?

Yes

Negligent Operation of a Vessel

Does your state allow officers to issue citations for negligent operation of a vessel?

Yes

Portable BUI Equipment

Does your state allow the use of hand held or portable BUI enforcement equipment?

Yes

Does your state allow the use of hand held or portable BUI enforcement equipment to be used for probable cause?

Yes

Does your state allow the use of hand held or portable BUI enforcement equipment to be used for evidentiary purposes?

No

What percentage of law enforcement officers have access to hand held or portable BUI enforcement equipment in your state?

estimate 60-90%

Probable Cause

Does state law require probable cause for marine officers to stop a vessel?

No

Other, please specify

Does state law require probable cause for marine officers to board a vessel?

No

Other, please specify

Towing Distressed Vessels

Do marine officers utilize random safety inspections that include boarding the boat in your state?

Yes

Other, please specify

Are marine officers allowed to tow vessels in distress in your state?

Yes

Other, please specify

Are seaplanes "on the water" treated as vessels in your state?

Yes

Other, please specify

Liability Insurance

Does your state mandate liability insurance for boaters?

No

On-Water Pursuits

Does your state have a written, formal marine law enforcement policy, operational procedure or executive order on on-water pursuit?

Yes

Does your state have a written, formal marine law enforcement policy, operational procedure or executive order on interstate on-water pursuit?

No

Transporting Subjects, Accident Victims, Guests

Does your state have a written, formal marine law enforcement policy, operational procedure or executive order on transporting subjects?

No

Does your state have a written, formal marine law enforcement policy, operational procedure or executive order on transporting accident victims?

No

Does your state have a written, formal marine law enforcement policy, operational procedure or executive order on transporting guests?

Yes

Officer Safety

Does your state have a written, formal marine law enforcement policy, operational procedure or executive order on requiring officers to wear Coast Guard-approved PFDs?

No

Does your state have a written, formal marine law enforcement policy, operational procedure or executive order on skin care safety for officers?

No

Does your state have a written, formal marine law enforcement policy, operational procedure or executive order on hearing safety for officers?

No

Does your state have a written, formal marine law enforcement policy, operational procedure or executive order on back safety for officers?

No

Towing Distressed Vessels

Does your state have a written, formal marine law enforcement policy, operational procedure or executive order on towing distressed vehicles?

No

First Responders, First Aid, Good Samaritans, Search and Rescue

Does your state have a written, formal marine law enforcement policy, operational procedure or executive order on being a first responder at an accident?

No

Does your state have a written, formal marine law enforcement policy, operational procedure or executive order on the use of first aid?

No

Does your state have a written, formal marine law enforcement policy, operational procedure or executive order on the Good Samaritan law?

Yes

Does your state have a written, formal marine law enforcement policy, operational procedure or executive order on search and rescue?

Yes

Inter-agency Interacton

Does your state have a written, formal marine law enforcement policy, operational procedure or executive order on interaction with local agencies?