State Law vs. Federal Law

Registration and Titling Requirements:

All undocumented motorboats operated principally on the waters of New Mexico must be registered and numbered in New Mexico. The following vessels are exception from registration:

• Non-motorized vessels such as canoes, kayaks, rafts and sailboats without a motor.
• Vessels having valid registration in another state and not remaining in New Mexico waters for more than 90 consecutive days.
• Vessels properly documented with the U.S. Coast Guard.

To register your boat and receive your Certificate of Number and Expiration Decal, you must apply at your local New Mexico Motor Vehicle Division. Once in receipt of the proper application and fee, you will be issued a Certificate of Number (card). This pocket-sized registration card must be kept aboard the boat at all times and be readily available for inspection by a law enforcement officer. You will also be issued a set of Expiration Decal. The boat registration and expiration decal are valid for three years and will always expire on December 31st of the third year.

The boat registration and expiration decals are valid for 3 years!

You must display your expiration decal and registration numbers (Example NM-123-AB) on the forward half of your vessel well above the waterline where it can be easily read by law enforcement officials. Letters and numbers are to be block style of at least 3” tall and must be black or another color that contrasts with the hull. Letters and numbers are to read from left to right. A space or hyphen must be used to separate letter and numbers. The expiration decals must be affixed within six inches and inline of the registration numbers on the port side.

Additionally, a boat title is required for all new boats, transfer of ownership, and boats not previously titled that are powered by sail or motor and over 10 feet in length. This may be obtained through the New Mexico Motor Vehicle Division. This is your proof of ownership – keep it in a safe place.

Laws for Required Wearing of PFDs :

In addition to the federal PFD carriage requirements, New Mexico has the following requirements for wearing a PFD:

• Every person aboard a PWC or engaged in skiing or being towed must wear a U.S. Coast Guard approved Type I, II or III PFD. Inflatable PFDs are not intended for use while participating in tow sports or other high impact sports.
• Persons boating on rivers or in races, and persons using kayaks, canoes, rubber rafts or similar devices are required to wear a Coast Guard approved PFD.
• Children under 13 years of age must wear a properly fitting U.S. Coast Guard approved PFD on vessels when underway unless below decks or in an enclosed cabin.

Additional Equipment Requirements:

Beyond minimum federal equipment requirements, some states may have other requirements for certain bodies of water. Please check with your state boating agency for a list of the required equipment for where you intend to boat.

New Mexico law requires the following items on all bodies of water:

• An oar or paddle
• A bailing bucket with at least a 1 gallon capacity or hand operated bilge pump.
• A stout line at least the length of the boat.
• A Boating Education Card for motorboat operators born on or after January 1, 1989

Also, New Mexico recommends the following additional Safety Equipment

• Compass and charts
• Marine VHF radio
• Anchoring equipment
• Spare parts & tools
• Extra starting battery
• Flashlight

Mufflers and Noise Levels:

An effective muffling system is required for the exhaust of each engine. Any boat operated on the waters of New Mexico must be muffled with a permanently installed muffler or similar device to effectively reduce noise. The use of cut-outs or non-muffled headers is prohibited.

In general, do not modify your factory exhaust if the result makes it louder!

Loud boat noise not only bothers other operators and users of the waterways, it can also disrupt peace ashore because of sound’s ability to travel great distances over water. Excessive noise can also prevent a boat operator from hearing other boat’s sound signals and warnings and from hearing approaching law or rescue personnel.

Requirements for Waste, Oil and Garbage Disposal:

• Discharging waste or refuse into the waters of New Mexico is strictly prohibited.
• All boats with onboard toilet facilities must have a method to collect and contain all waste products, preventing it from entering surrounding waters. It is illegal to discharge sewage, treated or untreated, or any waste derived from sewage, into any water in the state of New Mexico.

All installed MSDs must be US Coast Guard certified
and have a “Y” valve in proper positioning!

• Type I and II MSDs must have a “Y” valve secured to allow for waste to enter a proper on board holding tank for future drainage at a pump-out station. Type III MSDs will typically have a built in holding tank with no external plumbing and cannot be pumped overboard. Type III MSDs must be pumped ashore at a proper facility available at most major marinas in New Mexico.

It is illegal to dump raw sewage, oil or garbage into any New Mexico state waters!

• Discharge of fuel, oil or any oil product, including contaminated bilge water, is strictly prohibited. All boats 26 feet or longer must properly display a 5x8 inch Oily Waste Discharge placard near the bilge pump switch.
• All boats 26 feet or longer, when operating in waters under federal jurisdiction, must display an informational placard on the subject of federal marine pollution prevention laws. The placard must be 4x9 inches and placed in a location where crew and passengers can read it.

Mandatory Education and Age Requirements:

• All motorboat operators born on or after January 1, 1989, must have completed a boating safety course approved by NASBLA and the state agency. An operator may also operate motorboat if they have passed an approved, proctored equivalency test; or posses a valid license from the U.S. Coast Guard or Canadian Government. Proof of boater education is required to be carried aboard during operation.
• No person under the age of 13 shall operate a motorboat unless under the onboard supervision of an adult (this person is also required to have their boater education card).

Reckless & Negligent Operation:

The failure to exercise the degree of care necessary to prevent endangering persons, property or wildlife may be considered careless or negligent operation. Therefore, no person shall operate any vessel or manipulate water skis, wakeboard, tube or similar device in manner that can bring harm to themselves, their passengers, other boaters or the environment.

Some activities considered negligent or reckless operation in New Mexico:

• Operating under the influence of drugs or alcohol.
• Speeding in no-wake zones or boating in areas marked as restricted.
• Operating at greater than no-wake speed within 150 feet of a swimmer, water skier, fishermen, divers down flag and others not engaged in the same activity.
• Weaving through congested waterways and other boat traffic or failure to follow the navigation rules.
• Operating your ski boat in a reckless manner or such that that a person being towed crosses another boat, another skier or between another vessel and its tow.
• Exceeding the weight or number of persons on board or overpowering the craft with an engine larger than designated as listed on the capacity plate.
• Allowing a passenger to ride on the gunwale, bow, transom or in any other position obviously dangerous.

Additional laws that apply to personal watercraft (PWC):

Boat Speed Limits:

Boat speed limits are regulated by law for certain areas and conditions. Vessels must be operated at speeds no greater than is reasonable and proper under prevailing conditions. When no speed limit is posted, operate your boat so that it will not endanger others. Always keep a proper lookout and never load a boat with passengers or cargo beyond its safe carrying capacity. You are responsible for your wake!

• White buoys with orange bands at the top and bottom and an orange circle will indicate no-wake zones and specify a mandated and safe speed limit in speed controlled areas.
• In no-wake areas you must operate at slacken speed at which is just enough headway to maintain steerage. No-wake means that no white water should be produced by the bow or sides of vessel, generally no greater than 5 miles-per-hour.
• You must operate your vessel at no-wake speed when within 150 feet of launch ramps, docks, marinas and mooring areas.
• In times of restricted visibility such as in fog or stormy conditions, you must be able to stop your vessel within half the distance of forward visibility. At all times, operators must be prepared to avoid a collision and have engines ready for immediate maneuvering.

Special Activities Restrictions and Considerations:

Many states regulate certain water sports activities such as waterskiing, diving and hunting from a vessel. For your safety, and for those who may be in the water, you should learn and abide by these special laws.

Special Activities, Restrictions & Requirements:

• When towing a person on water skis or similar device, the participant must wear a properly fitting U.S. Coast Guard approved Type I, II or III PFD.
• Waterskiing within 150 feet of a dock ramp, mooring area, boat, angler, or swimmer is prohibited.
• Vessels engaged in waterskiing or similar activity must carry and use a red or orange 12" square "skier down" flag anytime a skier is in the water.
• Towing activities are prohibited from one hour after sunset to one hour before sunrise.
• A person operating a tow vessel or PWC must have another person aboard to observe the skier while conducting skiing operations.
• Anchoring, drifting and fishing are prohibited within 100 feet of boat ramps, marinas and docks. Anchoring and mooring a vessel, private dock, buoy or houseboat is prohibited except in authorized areas.
• Vessels engaged in scuba diving and snorkeling must display a red and white diver down flag. Other boats should keep a distance of 150 feet of the flag when boating on inland waters and 300 feet on bays and open waters.
• Vessels engaged in diving activity and are restricted in their ability to maneuver, must hoist a blue and white alfa flag when conducting operations in federal and international waters. This does not replace the divers flag.
• If a PWC is equipped with an emergency engine cut off lanyard, it should be properly attached to the operator during operation.

Operating Under the Influence

Boating Under the Influence (BUI) is illegal nationwide. State Boating (BUI) laws are becoming more stringent. As on the roadways, on-water enforcement officers may administer sobriety tests and conduct a chemical test to determine level of sobriety.

In New Mexico:

• No person shall operate any vessel, personal watercraft, water skis or similar device while under the influence of alcohol or drugs.
• Boaters that have a blood alcohol content (BAC) of 0.08% or greater are considered boating under the influence (BUI).
• New Mexico law prescribes fines and possible jail times for those who violate state BUI laws.

Officer Authority, Compliance & Assistance

The director, park custodians and other employees of the New Mexico State Parks Division as well as sheriffs and state police officers have the authority to stop and/or inspect vessels to enforce New Mexico and federal boating laws.

Officers of the New Mexico State Parks Division have the authority to stop and/or inspect vessels!

Boat operators must immediately yield and reduce speed when being overtaken, approached or directed by a law enforcement official. When operating in an area of law enforcement activity, you must reduce speed and give a wide berth until beyond the area of operation of the law enforcement vessel.

Accident Reporting Requirements

• Anyone involved in a boating accident is required to stop and give assistance as long as it will not personally endanger the operator, passengers or vessel.
• You should always be prepared to exchange information like name, address, phone numbers and boat registration numbers with other parties involved and/or law enforcement personnel.
• You must report a collision, accident or other casualty immediately to the law enforcement agency.
• You must file a U.S. Coast Guard boating accident report within 48 hours if the collision, accident or other casualty resulted in a death or injury requiring more than standard first aid or if property damage is in excess of $100.
• Accident report forms are supplied by and must be returned to the State Parks Division, POB 1147, Santa Fe, NM 87504-1147. You may also call 888-667-2527.

Other State Boating Laws

Often times counties, cities and districts within a state will have different, more restrictive laws. Boating laws are subject to change and it is your responsibility to be informed of the law as it applies to you and your on-water activities. To be absolutely certain about specific boating laws in your state it is wise to contact your state boating agency.

It is Your Responsibility – Be Informed!

We provide this information as a service and strive to keep this website up to date. Please let us know of any inconsistencies by bringing them to our attention at once at onlinecourse@boatus.com. Resources for these pages include state statutes, state web pages and state approved boating guides. BoatU.S. is not responsible for any misinterpretation of the law or any change in the law that is not adequately reflected in these pages. Damages as a result of failing to abide by stated law shall not be the responsibility of BoatU.S., BoatU.S. Foundation or its employees.

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