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NM SB312

NM SB312
Safety Helmets As Negligence


summary

Introduced
02/04/2026
In Committee
02/09/2026
Crossed Over
Passed
Dead
02/19/2026

Introduced Session

2026 Regular Session

Bill Summary

AN ACT RELATING TO MOTOR VEHICLES; ELIMINATING A PROVISION OF LAW THAT FAILURE TO WEAR A SAFETY HELMET SHALL NOT CONSTITUTE CONTRIBUTORY NEGLIGENCE; REPEALING SECTIONS 32A-24-5 AND 66-3-1010.4 NMSA 1978 (BEING LAWS 2007, CHAPTER 66, SECTION 5 AND LAWS 2005, CHAPTER 325, SECTION 12) TO ELIMINATE PROVISIONS THAT FAILURE TO USE A SAFETY HELMET SHALL NOT CONSTITUTE FAULT OR NEGLIGENCE AND SHALL NOT LIMIT OR APPORTION DAMAGES.

AI Summary

This bill, titled "Safety Helmets As Negligence," proposes to eliminate provisions in New Mexico law that previously stated a person's failure to wear a safety helmet while operating a motorcycle would not be considered contributory negligence, fault, or negligence, and would not limit or apportion damages in a legal case. In simpler terms, the bill removes language that protected individuals from being held partially responsible for their injuries in an accident if they weren't wearing a helmet. This change is made by amending the existing law on mandatory helmet use for individuals under eighteen and repealing specific sections of the New Mexico Statutes Annotated (NMSA) that contained these protections. The bill does maintain the requirement for those under eighteen to wear a securely fastened helmet and exempts autocycles from these helmet provisions.

Sponsors (1)

Last Action

SCC: Reported by committee to fall within the purview of a 30 day session (on 02/09/2026)

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