A. Mopeds shall comply with those motor vehicle safety standards deemed necessary and prescribed by the director of motor vehicles.
B. Operators of mopeds shall have in their possession while operating a moped a valid driver's license of any class or permit, issued to them.
C. Except as provided in Subsections A and B of this section, none of the provisions of the Motor Vehicle Code [66-1-1 NMSA 1978] relating to motor vehicles or motorcycles as defined in that code shall apply to a moped.
D. As used in this section, "moped" means a two-wheeled or three-wheeled vehicle with an automatic transmission and a motor having a piston displacement of less than fifty cubic centimeters, which is capable of propelling the vehicle at a maximum speed of not more than thirty miles per hour on level ground at sea level.
History: 1953 Comp., § 64-3-1101, enacted by Laws 1978, ch. 35, § 213; 1981, ch. 361, § 17.
ANNOTATIONSMoped subject to prohibition against driving while intoxicated. — A "moped," as defined in Section 66-1-4.11E NMSA 1978 and regulated by this section, is a "vehicle" for the purpose of the prohibition against driving while intoxicated under Section 66-8-102 NMSA 1978. State v. Saiz, 2001-NMCA-035, 130 N.M. 333, 24 P.3d 365, cert. denied, 130 N.M. 459, 26 P.3d 103.