Electric Scooter Laws

Knowing the electric scooter laws in New Mexico is important, both for residents and visitors. Knowing where and how to safely ride can save you fines and injuries. Electric scooters fall into a different category than bicycles or motorcycles, and their use is treated differently within different municipalities. Some cities require you to wear a helmet and, further, have age limits; others bar riding a scooter along sidewalks or streets. Keeping up with these regulations is very key to staying safe and legal.

If you are ever confused about New Mexico’s electric scooter laws, our team at Parnall Law can help. From commuters to first-time riders, we make sure you know the rules of the road to keep you out of unnecessary legal trouble.

What is an Electric Scooter?

An electric scooter is a light and two-wheeled vehicle that moves on the power of an electric motor. Unlike mopeds or motorcycles, most e-scooters are designed with a platform to stand on and handlebars to steer with. They are designed for short-distance travel and are a very popular choice for urban commutes because of their ease and eco-friendliness. According to the Motorcycle Legal Foundation, scooters or motor scooters are commonly seen on roads across the United States. These two-wheeled vehicles feature a step-through chassis and footrest platform. Originally developed in the early 1900s, scooters have steadily gained popularity over the decades.

Generally, electric scooters tend to fall under the micromobility category and, hence, are treated somewhat differently than motorcycles or bicycles. However, with motor driving, electric scooters sometimes need special rules for public roadways, bike lanes, and sidewalk use.

Electric scooters over the last few years have been on a dramatic rise in New Mexico, especially in major cities like Albuquerque and Santa Fe. With an increased presence of rentals and personally owned scooters comes growing concerns about safety, interaction with pedestrians, and adherence to traffic laws.

Are Electric Scooters Legal in New Mexico?

Yes, electric scooters are legal in New Mexico, but their use is subject to a variety of regulations. New Mexico does not have a comprehensive statewide law regarding e-scooters but allows individual cities and counties to establish their rules on the devices. According to DMV, riders DO NOT need a license to ride motor-driven bicycles, nor do they need to register their motorized bike. When on the road, they are required to follow the same rules as regular cyclists in New Mexico.

Beyond city ordinances, New Mexico state law requires that all motor vehicles, which may include electric scooters, depending on how they are classified within jurisdictions, follow traffic regulations. Always check with your local city laws regarding riding an e-scooter.

How Old Do You Have to Be to Ride a Scooter?

There is no minimum required age to use an electric scooter in New Mexico statewide, while local laws may require it. Most cities and rental businesses require a 16-year minimum riding age, but some make allowances for younger riders with parental involvement.

For instance, most scooter-sharing companies set their age limits, usually requiring a user to be at least 18 years old to rent a scooter. These age limits are put in place to ensure rider safety since electric scooters can reach speeds of up to 20 mph and thus increase the risk of accidents if used irresponsibly. Parents should also know that children driving electric scooters in highly populated areas may lead to accidents with pedestrians or vehicles. If you’re unsure whether your child is legally permitted to ride an e-scooter in your city, consult local ordinances or rental company policies.

Do You Need to Wear a Helmet?

New Mexico state law mandates that all motorcycle riders under the age of 18 must wear a helmet, but there is no specific law for electric scooters. However, wearing a helmet is highly recommended for safety reasons, especially for younger riders or those traveling on busy streets. Some cities and rental companies have their own helmet policies, requiring all users under a certain age to wear one. Even if not legally required, helmets can significantly reduce the risk of head injuries in the event of an accident.

Additionally, if you’re involved in an accident while riding an electric scooter without a helmet, it could impact liability and insurance claims. Insurance companies or opposing parties in a legal case might argue that a lack of helmet use contributed to the severity of injuries.

Can You File a Lawsuit Against a Scooter Driver?

Yes, you can file a lawsuit against an electric scooter rider if they cause an accident due to negligence. Like any other road user, e-scooter riders are responsible for operating their vehicles safely and following traffic laws. If a scooter rider collides with a pedestrian, cyclist, or another vehicle due to reckless behavior—such as running a red light, riding on the wrong side of the road, or operating under the influence—they can be held liable for damages.

For example, If a pedestrian is hit by a scooter operated by someone riding carelessly or under the influence, for instance, he can seek damages for lost income, health costs, and agony and suffering. Eyewitness accounts, video surveillance, and police records could be critical indicators of responsibility. Other claims could involve defective scooter components or faulty rental scooters. An accident may be the failure of a mechanical part; however, under product liability laws, the manufacturer or rental company can be held liable for damages.

Scooter accidents create these very peculiar legal problems: when trying to sort out liability or working with local regulations. When approaching the accidents of e-scooters, the riders’ and other road users’ legal obligations need to be known. Observance of local traffic laws and taking due recourse in case of incidents can protect all concerned.

Need Legal Assistance? Contact Parnall Law Today!

If you’ve been in an electric scooter accident, Parnall Law is here to help. Contact us today at (505) 268-6500 for a free consultation, and let us fight for your rights.