New Mexico SB312: SAFETY HELMETS AS NEGLIGENCE

What the bill says

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 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.

From the introduced text, February 4, 2026:

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 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. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: SECTION 1. Section 66-7-356 NMSA 1978 (being Laws 1978, Chapter 35, Section 460, as amended) is amended to read: "66-7-356. MANDATORY USE OF PROTECTIVE HELMETS.-- A. No person under the age of eighteen shall operate a motorcycle unless the person is wearing a safety helmet that is securely fastened on the person's head in a .233302.2GLG wen = lairetam derocsrednu eteled = ]lairetam detekcarb[ normal manner as headgear and that meets the standards specified by the secretary. The secretary shall adopt rules and regulations establishing standards covering the types of helmets and the specifications therefor and shall establish and maintain a list of approved helmets meeting the standards and specifications of the secretary. No dealer or person who leases or rents motorcycles shall lease or rent a motorcycle to a person under the age of eighteen unless the lessee or renter shows …

Read the full official text

Sponsors

• Antoinette Sedillo Lopez (D, SD-016) · primary sponsor

Latest actions

1. February 9, 2026: SCC: Reported by committee to fall within the purview of a 30 day session
2. February 4, 2026: Sent to SCC - Referrals: SCC/STBTC/SJC
3. : Action Postponed Indefinitely

Common questions

What is SB312?

SB312 is a bill in the New Mexico Legislature (2026 Regular Session): SAFETY HELMETS AS NEGLIGENCE.

What does SB312 do?

In its own words: 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 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.

What is the status of SB312?

In committee as of February 9, 2026. Latest action: SCC: Reported by committee to fall within the purview of a 30 day session (February 9, 2026).

Who sponsored SB312?

Antoinette Sedillo Lopez (D, SD-016).

Where is the official record for SB312?

On the New Mexico Legislature website: https://www.nmlegis.gov/Legislation/Legislation?chamber=S&legType=B&legNo=312&year=26