A. A person shall not operate any motorboat or vessel or manipulate any water skis, surfboard or similar device in a reckless or negligent manner so as to endanger the life or property of any person.
B. A person shall not operate any vessel, not defined as a motorboat pursuant to the provisions of the Boating While Intoxicated Act [66-13-1 to 66-13-13 NMSA 1978], or manipulate any water skis, surfboard or similar device while intoxicated or under the influence of any narcotic drug, barbiturate or marijuana.
History: 1953 Comp., § 75-35-10, enacted by Laws 1959, ch. 338, § 10; 1987, ch. 245, § 5; 1991, ch. 240, § 3; 2003, ch. 241, § 15.
Cross references. — For driving under the influence of intoxicating drugs or liquor, see 66-8-102 NMSA 1978.
For reckless driving, see 66-8-113 NMSA 1978.
For hunting or boating while intoxicated or under the influence of narcotic drugs, see 17-2-29 NMSA 1978.
The 2003 amendment, effective July 1, 2003, in Subsection B, deleted "motorboat or" preceding "vessel" and inserted "not defined as a motorboat pursuant to the provisions of the Boating While Intoxicated Act".
The 1991 amendment, effective June 14, 1991, purported to amend this section but made no changes.
The 1987 amendment purported to amend this section but made no change.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 12 Am. Jur. 2d Boats and Boating §§ 2, 15 to 17, 19, 33, 37, 39 to 41, 43 to 47, 49, 64, 66, 72, 75, 78, 80.
Liability of owner of powerboat for injury or death allegedly caused by one permitted to operate boat by owner, 71 A.L.R.3d 1018.
Liability of owner or operator of powered pleasure boat for injuries to swimmer or bather struck by boat, 98 A.L.R.3d 1127.
Criminal liability for injury or death caused by operation of pleasure boat, 8 A.L.R.4th 886.
Liability for injuries to, or death of, water-skiers, 34 A.L.R.5th 77.
Validity, construction and application of statute prohibiting boating while intoxicated, boating while under the influence, or the like, 47 A.L.R.6th 107.
Copyright ©2024 LegalFix. All rights reserved. LegalFix is not a law firm, is not licensed to practice law, and does not provide legal advice, services, or representation. The information on this website is an overview of the legal plans you can purchase—or that may be provided by your employer as an employee benefit or by your credit union or other membership group as a membership benefit.
LegalFix provides its members with easy access to affordable legal services through a network of independent law firms. LegalFix, its corporate entity, and its officers, directors, employees, agents, and contractors do not provide legal advice, services, or representation—directly or indirectly.
The articles and information on the site are not legal advice and should not be relied upon—they are for information purposes only. You should become a LegalFix member to get legal services from one of our network law firms.
You should not disclose confidential or potentially incriminating information to LegalFix—you should only communicate such information to your network law firm.
The benefits and legal services described in the LegalFix legal plans are not always available in all states or with all plans. See the legal plan Benefit Overview and the more comprehensive legal plan contract during checkout for coverage details in your state.
Use of this website, the purchase of legal plans, and access to the LegalFix networks of law firms are subject to the LegalFix Terms of Service and Privacy Policy.