Is Lane Splitting Legal in New Mexico? (2026 Law)

New Mexico law does not expressly address lane splitting or lane filtering. The Motor Vehicle Code, Chapter 66 of the New Mexico Statutes Annotated (NMSA 1978), contains no provision that authorizes a motorcycle to ride between lanes or rows of vehicles and none that names the practice to forbid it. The general lane rules apply instead: NMSA 66-7-317(A) requires every vehicle on a marked multi-lane roadway to be driven "as nearly as practicable entirely within a single lane," and 66-7-311 bars passing on the right "by driving off the pavement or main-traveled portion of the roadway." Each is a penalty assessment misdemeanor with a $25.00 assessment. For how other states compare, see our guide to lane splitting laws by state.

Information last verified on 2026-10-09. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers New Mexico state law in Chapter 66 of NMSA 1978 (the Motor Vehicle Code): the lane and passing rules in 66-7-308, 66-7-310, 66-7-311 and 66-7-317, the definitions in 66-1-4.11 and 66-1-4.15, the speed, reckless driving and careless driving sections 66-7-301, 66-8-113 and 66-8-114, the work-zone rule in 66-7-303.1, the penalty provisions in 66-8-7, 66-8-116 and 66-8-117, and the Motor Vehicle Division point system in 18.19.5 NMAC. It does not cover city or county traffic ordinances, insurance consequences, or the law of other states.

What New Mexico's code says about riding between lanes

Chapter 66 has no lane splitting statute. Its only motorcycle operating rule, 66-7-355, covers the seat, footrests and passengers and says nothing about lanes. The code also has no section giving motorcycles the full use of a lane or limiting how many may ride side by side; its only two-abreast rule, 66-3-705(B), applies to bicycles.

That silence is not permission. The code defines a "motorcycle" as "every motor vehicle having a seat or saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground, including autocycles and excluding a tractor" (66-1-4.11(F)), so the lane and passing rules written for every vehicle apply to riders.

The single-lane rule

NMSA 66-7-317 is the rule most likely to apply to a rider moving between lanes:

"Whenever any roadway has been divided into two or more clearly marked lanes for traffic the following rules in addition to all others consistent herewith shall apply: A. a vehicle shall be driven as nearly as practicable entirely within a single lane and shall not be moved from such lane until the driver has first ascertained that such movement can be made with safety;"

Two other general rules sit alongside it. Under 66-7-310(A), a driver overtaking a vehicle going the same way "shall pass to the left thereof at a safe distance and shall not again drive to the right side of the roadway until safely clear of the overtaken vehicle." Under 66-7-308(B), a vehicle "proceeding at less than the normal speed of traffic at the time and place and under the conditions then existing shall be driven in the right-hand lane then available for traffic, or as close as practicable to the right-hand curb or edge of the roadway," except when passing or preparing for a left turn.

Riding on the shoulder

Start with the definition. Under 66-1-4.15(Q), "roadway" means "that portion of a street or highway improved, designed or ordinarily used for vehicular travel, exclusive of the berm or shoulder." The shoulder is not part of the roadway.

Then the passing rule. NMSA 66-7-311 reads:

"A. The driver of a vehicle may overtake and pass upon the right of another vehicle only under the following conditions: (1) when the vehicle overtaken is making or about to make a left turn; (2) upon a street or highway with unobstructed pavement not occupied by parked vehicles of sufficient width for two or more lines of moving vehicles in each direction; or (3) upon a one-way street, or upon any roadway on which traffic is restricted to one direction of movement, where the roadway is free from obstructions and of sufficient width for two or more lines of moving vehicles. B. The driver of a vehicle may overtake and pass another vehicle upon the right only under conditions permitting such movement in safety. In no event shall such movement be made by driving off the pavement or main-traveled portion of the roadway."

Passing on the right is therefore limited to the three listed situations, only when it can be done in safety, and never by leaving the pavement or main-traveled portion of the roadway for the shoulder.

What happens if you are stopped

A Motor Vehicle Code violation is a misdemeanor in New Mexico. Under 66-8-7, "It is a misdemeanor for any person to violate any provision of the Motor Vehicle Code unless the violation is declared a felony," and "Unless another penalty is specified in the Motor Vehicle Code, every person convicted of a misdemeanor for violation of any provision of the Motor Vehicle Code shall be punished by a fine of not more than three hundred dollars ($300) or by imprisonment for not more than ninety days or both."

Most lane and passing tickets are handled instead as "penalty assessment misdemeanors," with a fixed amount set in the schedule in 66-8-116(A):

Two limits apply. First, under 66-8-116(B), "The term 'penalty assessment misdemeanor' does not include a violation that has caused or contributed to the cause of an accident resulting in injury or death to a person." A lane violation that contributes to an injury crash falls back to the general misdemeanor penalty: a fine of up to $300, up to 90 days in jail, or both, under 66-8-7(B). Second, under 66-8-116(C), a driver who chooses a notice to appear instead of the penalty assessment cannot later be fined more than the assessment for that offense if convicted.

Signing the penalty assessment notice is an admission. Under 66-8-117(A), "The violator's signature on the penalty assessment notice constitutes an acknowledgment of guilt of the offense stated in the notice."

Points on a New Mexico driving record

The Motor Vehicle Division's point system is in 18.19.5 NMAC. For points purposes, a "conviction" includes "a plea of guilty pursuant to a penalty assessment misdemeanor" (18.19.5.50 NMAC), and points are assessed "following conviction for any scheduled traffic law violation" (18.19.5.51(A) NMAC).

The schedule in 18.19.5.52 NMAC assigns three points to the passing and left-of-center sections, including 66-7-308, 66-7-309, 66-7-310, "66-7-311 Improper overtaking or passing of a vehicle," 66-7-312, 66-7-313 and 66-7-315. The schedule does not list 66-7-317, the single-lane rule, or 66-7-355, the motorcycle-riding section. The same schedule assigns three points for careless driving under 66-8-114 and six points for reckless driving under 66-8-113.

Points add up. MVD may send a warning at six points (18.19.5.53 NMAC). If a driver has been assessed seven to ten points for violations within one year and a municipal or magistrate judge recommends a suspension, MVD suspends the license for the recommended period, up to three months (18.19.5.54 NMAC). At twelve points "for violations occurring within a period of twelve consecutive months, the department shall suspend the driver's license for a period of twelve months" (18.19.5.55 NMAC). Points are expunged automatically at the end of the twelfth month following the month of the violation (18.19.5.51(B) NMAC).

Work zones

New Mexico's construction-zone statute, 66-7-303.1, requires drivers to "obey all signs, signals, markings, flagmen or other traffic-control devices that are placed to regulate, control and guide traffic through a construction zone," and a violation is a misdemeanor sentenced under 66-8-7. The doubled amount in the penalty assessment schedule, 66-8-116(D), applies to speeding in a posted double-fine zone; it names no lane or passing offense.

Speed, careless driving and reckless driving

Each of the following is a separate charge with its own elements, and whether a particular ride meets them depends on the facts.

Speed control. Under 66-7-301(B), "In every event, speed shall be so controlled by the driver as may be necessary: (1) to avoid colliding with a person, vehicle or other conveyance on or entering the highway; (2) to comply with legal requirements as may be established by the department of transportation or the New Mexico state police division of the department of public safety and the duty of all persons to use due care; and (3) to protect workers in construction zones posted as double fine zones or other safety zones posted as double fine zones as designated by the department of transportation."

Speeding is a penalty assessment misdemeanor with a sliding schedule in 66-8-116(A): $25 up to and including 10 mph over the limit, $30 for 11 to 15, $65 for 16 to 20, $100 for 21 to 25, $125 for 26 to 30, $150 for 31 to 35, and $200 for more than 35 mph over. Speeding in a construction or safety zone posted as a double fine zone is twice the assessment for the same miles per hour over (66-8-116(D)). Under 18.19.5.52 NMAC, speeding carries 3 points at 6 to 15 mph over, 5 points at 16 to 25 mph over, and 8 points at 26 mph or more over, where the limit is 15, 30 or 75 mph or the speed was at least 76 mph.

Careless driving. NMSA 66-8-114 provides: "A. Any person operating a vehicle on the highway shall give his full time and entire attention to the operation of the vehicle. B. Any person who operates a vehicle in a careless, inattentive or imprudent manner, without due regard for the width, grade, curves, corners, traffic, weather and road conditions and all other attendant circumstances is guilty of a misdemeanor." The section sets no penalty of its own and is not on the penalty assessment schedule, so the general penalty in 66-8-7(B) applies: a fine of up to $300, up to 90 days in jail, or both.

Reckless driving. Under 66-8-113(A), a person who "drives any vehicle carelessly and heedlessly in willful or wanton disregard of the rights or safety of others and without due caution and circumspection and at a speed or in a manner so as to endanger or be likely to endanger any person or property is guilty of reckless driving."

Chapter 66 does not use the term "aggressive driving"; reckless driving and careless driving are its general driving-conduct charges.

Where New Mexico's passing rule comes from

New Mexico's 66-7-311 matches section 11-304 of the 1968 Uniform Vehicle Code, a national model law, word for word in its "In no event" shoulder clause. The same model code's 11-1303 contains a ban on operating a motorcycle "between lanes of traffic or between adjacent lines or rows of vehicles," which many states adopted. Chapter 66 contains no version of that motorcycle section.

If a crash happens

A crash changes the penalty picture, because a lane violation that contributes to an injury or death is no longer a penalty assessment misdemeanor (66-8-116(B)). How a lane violation can bear on fault and an injury claim is covered in our guide to New Mexico motorcycle accident laws. For reporting and insurance rules that apply to every driver, see New Mexico car accident laws.

Gaps in the public record

• The 2026 edition of Chapter 66 shows no 2025 or 2026 act amending the lane, passing, speed, reckless or careless sections, and contains no lane-filtering section. Bills that were introduced but not enacted in the 2025 or 2026 sessions are not covered here.
• The code does not define "shoulder" or "berm" separately; the roadway definition in 66-1-4.15(Q) excludes them.
• The penalty assessment schedule sets the ticket amount; courts' own fee or fine schedules for reckless and careless driving are not covered here.
• City ordinances, including any in Albuquerque or Santa Fe, are not covered here.

Related pages

• Lane splitting laws by state
• New Mexico motorcycle accident laws
• New Mexico car accident laws

This article provides general legal information about New Mexico law, not legal advice. For advice about a specific situation, contact a lawyer licensed in New Mexico or the court named on your citation.

Last updated: 2026-10-09.

Frequently Asked Questions

Is lane splitting legal in New Mexico?

No New Mexico statute expressly allows or bans it. A rider who moves between lanes is still subject to NMSA 66-7-317(A), which requires staying as nearly as practicable entirely within a single lane on a marked multi-lane roadway, and to the passing limits in 66-7-311.

Is lane filtering legal in New Mexico?

The Motor Vehicle Code has no filtering provision. The same general rules apply: the single-lane rule in 66-7-317(A) and the limits on passing on the right in 66-7-311.

What is the fine for an improper lane ticket in New Mexico?

The penalty assessment for a 66-7-317 improper lane violation is $25.00 under NMSA 66-8-116. If the violation contributed to an accident causing injury or death, the penalty assessment option does not apply and the general misdemeanor penalty of up to $300, up to 90 days in jail, or both applies.

Can motorcycles ride on the shoulder in New Mexico?

Not to pass. NMSA 66-7-311(B) says passing on the right shall in no event be made by driving off the pavement or main-traveled portion of the roadway, and 66-1-4.15(Q) defines the roadway to exclude the berm or shoulder.

Does an improper passing ticket add points in New Mexico?

Yes. The MVD schedule in 18.19.5.52 NMAC assigns 3 points for 66-7-311, improper overtaking or passing. A plea of guilty under a penalty assessment counts as a conviction for points purposes.

Is lane splitting reckless driving in New Mexico?

Reckless driving under NMSA 66-8-113 is a separate charge with its own elements; whether a particular ride meets them depends on the facts. A first conviction carries 5 to 90 days in jail, a $25 to $100 fine, or both.