DRIVER'S ED REQUIREMENTS, the official text

SENATE BILL 73

57th legislature - STATE OF NEW MEXICO - second session, 2026

INTRODUCED BY

Heather Berghmans and Antoinette Sedillo Lopez

and Cristina Parajón and Natalie Figueroa

AN ACT

RELATING TO DRIVER EDUCATION; REQUIRING DRIVER EDUCATION
COURSES AND SCHOOLS TO INCLUDE AT LEAST THREE HOURS OF
EDUCATION AND TRAINING ON DRIVING WITH VULNERABLE ROAD USERS.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

SECTION 1. Section 22-13-12 NMSA 1978 (being Laws 1967,
Chapter 16, Section 186, as amended) is amended to read:

"22-13-12. APPROVED DRIVER-EDUCATION COURSES.--

A. The [state board] department or its designated
representative shall adopt and promulgate minimum standards for
approved driver-education and motorcycle driver-education
courses taught in any school in the state, which shall include
at least three hours of education and training on driving with
vulnerable road users.

B. A driver-education or motorcycle driver-education course shall provide to students legally entitled to
operate the type of motor vehicle involved classroom
instruction and behind-the-wheel or on-the-motorcycle training
in the safe operation of the motor vehicle.

C. An approved driver-education or motorcycle
driver-education course is a course of instruction certified by
the [state superintendent] secretary as meeting the minimum
standards for [such] a driver-education course adopted by the
[state board] department or its designated representative.

D. As used in this section, "vulnerable road user"
includes:

(a) a pedestrian, including a person engaged
in work or in the provision of emergency services upon or along
a roadway;

(b) a person riding or leading an animal; or

(c) a person lawfully operating or riding a
bicycle, tricycle or other pedal-powered vehicle, a farm
tractor or similar vehicle designed primarily for farm use, a
skateboard, a scooter, a moped, a motorcycle, roller skates,
inline skates, an animal-drawn wheeled vehicle, an electric
personal assistive mobility device, a wheelchair or another
similar means of transportation in which the person is not
surrounded by a shell of protection such as that which a car or
truck provides."

SECTION 2. Section 66-1-4.19 NMSA 1978 (being Laws 1990,
Chapter 120, Section 20, as amended) is amended to read:

"66-1-4.19. DEFINITIONS.--As used in the Motor Vehicle
Code:

A. "validating sticker" means the tab or sticker
issued by the division to signify, upon a registration plate,
renewed registration;

B. "vehicle" means every device in, upon or by
which any person or property is or may be transported or drawn
upon a highway, including any frame, chassis, body or unitized
frame and body of any vehicle or motor vehicle, except devices
moved exclusively by human power or used exclusively upon
stationary rails or tracks;

C. "vehicle-business number" means the distinctive
registration number given by the division to any manufacturer,
auto recycler or dealer;

D. "vehicle plate" means a plate, marker, sticker
or tag similar to a registration plate, but that is issued by
the department for vehicles that are exempted from registration
under the Motor Vehicle Code; [and]

E. "verification process" means a method of
authenticating an electronic credential through the use of
secure and encrypted communication; and

F. "vulnerable road user" includes:

(a) a pedestrian, including a person engaged
in work or in the provision of emergency services upon or along
a roadway;

(b) a person riding or leading an animal; or

(c) a person lawfully operating or riding a
bicycle, tricycle or other pedal-powered vehicle, a farm
tractor or similar vehicle designed primarily for farm use, a
skateboard, a scooter, a moped, a motorcycle, roller skates,
inline skates, an animal-drawn wheeled vehicle, an electric
personal assistive mobility device, a wheelchair or another
similar means of transportation in which the person is not
surrounded by a shell of protection such as that which a car or
truck provides."

SECTION 3. Section 66-7-506 NMSA 1978 (being Laws 1978,
Chapter 35, Section 493, as amended) is amended to read:

"66-7-506. BUREAU--FUNCTIONS--POWERS--DUTIES.--The bureau
shall have the following powers and duties:

A. organize, plan and conduct a statewide program
of activities designed to prevent accidents and to reduce the
incidence of DWI in New Mexico;

B. coordinate activities and programs of the
departments, divisions and agencies of this state now engaged
in promoting traffic safety;

C. provide accident prevention information and
publicity to all appropriate media of information and develop
other means of public information;

D. cooperate with all public and private agencies
and organizations interested in the promotion of traffic safety
and accident prevention;

E. serve as a clearinghouse for all traffic safety
materials and information used throughout this state;

F. cooperate in promoting research, special studies
and analysis of problems concerning the safety and welfare of
the citizens of New Mexico;

G. cooperate fully with national safety
organizations in bringing about greater effectiveness in
nationwide accident prevention activities and programs;

H. make studies and suitable recommendations,
through the chief and the secretary of transportation, to the
legislature concerning safety regulations and laws;

I. prepare and submit each year a written report to
the governor concerning the activities of the bureau and
activities concerning assistance to local organizations and
officials;

J. institute and administer a statewide motorcycle
training program funded as provided for in Section 66-10-10
NMSA 1978;

K. institute and administer an accident prevention
course for elderly drivers as provided for in Section

59A-32-14 NMSA 1978;

L. cooperate with the public education department
to develop a regulatory framework for instructional and
administrative processes, including licensure requirements for
instructors, and a curriculum for instruction in defensive
driving with a DWI education and prevention component to be
offered statewide in secondary schools as an elective;

M. institute and administer a DWI prevention and
education program for elementary and secondary school students,
funded as provided for in Section 66-5-35 NMSA 1978;

N. [include at least two hours of DWI prevention
and education training in all driver education courses approved
by the bureau] prescribe minimum driver education and training
program standards pursuant to the Driving School Licensing Act;
and

O. include a DWI recidivism prevention component in
all driver rehabilitation programs for alcohol or drugs
approved by the bureau."

SECTION 4. Section 66-10-5 NMSA 1978 (being Laws 1967,
Chapter 185, Section 5, as amended) is amended to read:

"66-10-5. ISSUANCE OF LICENSES TO DRIVER EDUCATION
SCHOOLS AND TO DRIVER EDUCATION INSTRUCTORS.--

A. The bureau shall issue a license certificate to
each applicant to conduct a driver education school or to each
driver education instructor when it is satisfied that the
person has met the qualifications required under the Driving
School Licensing Act and if a school complies with the minimum
driver education program standards established by the bureau.

B. The bureau shall prescribe minimum driver
training program standards, which shall include:

(1) at least two hours of DWI prevention and
education training; and

(2) at least three hours of education and
training on driving with vulnerable road users.

C. All licenses issued pursuant to the provisions
of the Driving School Licensing Act shall expire annually,
unless canceled, suspended or revoked sooner. The bureau shall
establish annual expiration dates for the licenses by rule, and
each category of driving school may have a different license
expiration date. Licenses shall be renewed subject to
application and payment of the required fee."

SECTION 5. EFFECTIVE DATE.--The effective date of the
provisions of this act is January 1, 2027.

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