Sen. Lopez introduces bill in New Mexico Senate to change motorcycle helmet law protections

The new bill, authored by State Sen. Antoinette Sedillo Lopez in the New Mexico Senate, seeks to change how courts consider helmet use in motorcycle-related legal cases, according to the New Mexico General Assembly.

The bill, introduced as SB 312 during the 57th general assembly on Wednesday, Feb. 4, was formally listed with the short title: ’Safety Helmets as Negligence’.

The following is our breakdown, based on the actual bill text, and may include interpretation to clarify its provisions.

In essence, this bill removes New Mexico’s legal protections that previously barred courts from treating a motorcycle rider’s failure to wear a safety helmet as contributory negligence, fault or a basis to limit or apportion damages. It amends the state’s motorcycle helmet law to delete the provision stating that not wearing a required helmet cannot be considered contributory negligence, while keeping the requirement that operators and passengers under age 18 wear safety helmets and preserving the exemption for autocycles. It also repeals two related statutes with similar no-fault helmet language.

Antoinette Sedillo Lopez, the vice chair of the Senate Conservation Committee, proposed another 38 bills during the 57th general assembly. She is also a member of the Courts, Corrections & Justice Committee, a member of the Investments & Pensions Oversight Committee, a member of the Radioactive & Hazardous Materials Committee, an advisory member of the Water & Natural Resources Committee, a designee of the Revenue Stabilization & Tax Policy Committee, a member of the Legislative Health & Human Services Committee, and a member of the Senate Judiciary Committee.

In New Mexico, the legislative process involves multiple steps: a bill is introduced in either the House or Senate, assigned to a committee for review, debated and voted on in both chambers, and, if approved, sent to the governor for signature or veto. The Legislature meets annually, commencing on the third Tuesday in January, with 60-day sessions in odd-numbered years and 30-day sessions in even-numbered years. While numerous bills are introduced each session, only a fraction successfully navigate the process to become law. You can read more about bills and other measures here.