No, riding unrestrained in a truck bed is illegal under New Mexico’s Unsafe Vehicle Equipment statute (NMSA 1978, § 66-3-845), with exceptions for agricultural or emergency use. Local ordinances, such as Albuquerque’s Vehicle Code § 12-2-1-4, further prohibit the practice unless the vehicle is designed for passenger transport. Violations may result in citations or liability for injuries, as clarified by the New Mexico Department of Transportation’s 2024 Safety Compliance Bulletin.
Key Regulations for Riding in the Back of a Truck in New Mexico
- Statutory Prohibition: NMSA § 66-3-845 explicitly bans transporting persons in truck beds unless the vehicle is equipped with approved seating and restraints, with limited exceptions for agricultural workers or emergency responders.
- Local Ordinances: Municipalities like Santa Fe and Las Cruces enforce stricter local codes (e.g., Santa Fe Traffic Code § 6-3.1), requiring secured seating for all passengers, including minors, under penalty of fines up to $250.
- Federal Overlap: While federal DOT regulations (49 CFR § 393.114) govern interstate commercial vehicles, New Mexico’s enforcement prioritizes state and local statutes, particularly in high-incidence counties like Bernalillo and Doña Ana.
Violations are typically enforced during traffic stops or accident investigations, with liability shifting to the driver under comparative negligence principles (NMSA § 41-3-1). The New Mexico Supreme Court’s 2023 ruling in Martinez v. ABC Trucking underscores that even voluntary passengers may recover damages if unsecured, reinforcing the state’s strict compliance stance.