Frequently asked New Mexico Boat Registration Questions link
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When and how do I report a New Mexico Boating Accident?
Boating accidents on any boating waters in New Mexico are required by both state and federal agencies to be reported.
Any accident can involve substantial liability death or injury is best investigated if an officer is available and witness statements taken and filed. The officer will file their report separate from that Boat Accident Report required by law of the operator.
It is best not to get involved in discussions of liability but instead to focus and getting names and addresses of any witnesses and
any statements. Each boat operator or legal representative must complete a boat accident report in a form requrired by the U.S. Coast Guard. This needed form is in pdf download and complete, sign and file with New Mexico State Parks 1220 St. Francis Drive, Santa Fe, NM 87505.
New Mexico form follows federal law regarding totality of the information required to be reported.
No evidence shall be removed from the scene including the vessels involved and any safety equipment including life jackets.
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How do I report boating violations?
The best assistance you may give us is a good visual description.
Get the vessel color, type and registration number.
Try to get a good description of the operator and the number of passengers on board.
Report the information directly to a park employee to relay or directly to a Ranger or call VHF channel 16 if on a
larger lake. If you have a cell phone call the park number found on your park fees brochure.
If it's an emergency or a boat accident, dial 911 or call the sheriff or state police.
Don't forget to leave your name, campsite number, address, and phone number in case we need further assistance.
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Do I have to make a court appearance if I violate a Boat Act Law or the Regulations?
Yes. The magistrate judge who has jurisdiction over the county in which your violation occurred will hear the case.
This is not a fine that can be paid in the mail.
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How could I be cited by a State Parks Marine Officer on a lake operated by the federal government?
The Boat Act has a provision that allows for not only the Marine Enforcement Officers but other designated
Division employees, every sheriff in their respective county, and every member of the State Police to enforce
the Boat Act and the regulations. They also have the authority to stop and board any vessel subject
to the Boat Act.
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I wasn't driving the boat, but I got a citation. Why?
The law and the regulations in many instances holds operator and/or owner responsible for
many violations within the Boat Act.
It is similar to motor vehicle law in that you may lend out your car, but if it's missing equipment
or insurance or registration, you may be cited. This can take place after a boating accident report is
submitted and is why every operator that is involved in a boating accident must file with us, his or her own
boating accident report. In addition, like the car example, there also could
be a civil liability for any injury or damage caused. In many cases this may occur even if you did
not give direct permission under a legal theory of implied consent for someone to operate.
The bottom line is to make sure you have a vessel in good order, equipped properly with proper
documents on board, and entrusted to an operator that will captain the vessel in a responsible manner.
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What are the penalties for Violation of the New Mexico Boat Act or the New Mexico State Boating Regulations
made pursuant to the act?
You may be held guilty of a petty misdemeanor by the county magistrate judge. This is punished
by
the judge who shall sentence the person to be imprisoned in the county jail for a definite term not to
exceed six months or to the payment of a fine of not more than five hundred dollars ($500) or to both
such imprisonment and fine in the discretion of the judge.
The court may also impose court costs. (31-19-1 NMSA 1978)
The judge may also elect to deferr or suspend the sentence and place the defendant on probation.
If violation of excise tax for vessel titling is found, 50 percent of the tax due may be imposed as a penalty.
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What are no-excuse violations?
These are violations officers have a responsibility to issue a citation mandating a court appearance.
These include insufficient numbers and sizes of PFDs on board your vessel, not wearing a PFD when
equired, no fire extinguisher on board, bow riding, riding on seatbacks or transom while underway,
overloading, expired registration or no registration, and negligent operations.
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I am wondering about rules for # of people that can be pulled behind a three seater PWC?
With 2 persons (3 seater PWC) in the water, can I have a spotter on board my PWC in addition
to myself as operator and 2-3 people in the water on a pull along toy?
No, only one person can be towed on the pull along toy.
18 NMAC 17.2 (13.2.2) No person shall pull a water skier (interpreted as any towing sport) with
a personal watercraft unless:
The PWC has a manufacturer recommend seating for at least three people; there is a vacant
seat on the pulling vessel for the skier and the PWC has an observer on board in addition to the operator.
The issue is one of safety in case of the towable device or ski failure.
ou never want to be left without an option for taking the person out of the water particularly if the
wait time could be substantial or if the person in the water is in a channel that has high activity from other vessels.
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How do I know the areas safe to boat in?
The areas with defined channels are generally marked with Green and White Buoys or Red and White
Striped Buoys. You can find out which is which on this site. Information on the Controlled Areas or
Hazard or Danger Zones are listed in our Boating Book . In all cases you should know where you are on a lake
and have a good navigation map of the lake. If you are operating at night you should use all of your senses and
available equipment such as GPS, map, lights, and above all reduce your speed to at least 10-15 mph for giving
greater reaction time.
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Can I install my own private dock on a New Mexico Lake?
New Mexico has a law on private docks on most lakes. Check this link for information.
If the link is broken the statutes are found in TITLE 18 TRANSPORTATION AND HIGHWAYS
CHAPTER 17 NAVIGATION AND BOATING
PART 3 CONSTRUCTION VISITOR PROVISIONS
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