Yes, driving barefoot is legal in New Mexico, as the state lacks explicit statutes prohibiting it. The New Mexico Department of Transportation (NMDOT) has not issued formal guidance, deferring to general traffic safety laws. However, drivers must maintain full control of their vehicle, per NMSA § 66-7-317, which could implicate barefoot drivers if impaired operation is observed.
Key Regulations for Driving Barefoot in New Mexico
- Impaired Control Clause: NMSA § 66-7-317 mandates that drivers operate vehicles with “due care,” potentially invalidating barefoot driving if it demonstrably compromises pedal control.
- Local Ordinance Risks: Some municipalities (e.g., Albuquerque) may enforce nuisance or distracted driving ordinances if barefoot operation is deemed unsafe, though no case law exists.
- Insurance Implications: While not illegal, insurers may deny claims if barefoot driving is cited as a contributing factor in an accident, per 2024 New Mexico Insurance Division rulings.
The New Mexico State Police (NMSP) has not issued directives on barefoot driving but emphasizes that footwear must not obstruct pedal operation. A 2026 NMDOT traffic safety review may introduce clarifying language, though no legislative action is pending. Drivers should exercise caution to avoid liability under reckless driving statutes.