Seat belts, child seats and phone laws in New Mexico

By the end of this topic you can

• You can explain New Mexico's seat belt rule for drivers.
• You can describe how children under 12 should be restrained and seated.
• You can wear a lap and shoulder belt correctly.
• You can state New Mexico's texting rule and manage your phone safely.
• You can name other common distractions and how to avoid them.

What you need to know and understand

• It is illegal to drive in New Mexico without wearing a safety belt.
• The driver should make sure every passenger uses a belt or child restraint.
• All children under 12 must use an appropriate restraint while the vehicle is moving.
• Young children must ride in an approved child safety seat; the rear seat is safest.
• Never put a child in the front passenger seat in front of an air bag.
• Texting while driving is an offense under Section 66-7-374 NMSA 1978.
• Some New Mexico towns ban handheld phone use while driving unless you use a hands-free device.

Belts on before the engine starts

In a crash, the belt keeps you behind the wheel so you can still steer and brake to avoid a second collision. Air bags work with belts, not instead of them.

1. Fasten your own belt before you drive.
2. Wear both the lap and shoulder parts. One part alone gives poor protection, and an automatic shoulder belt still needs the lap belt buckled.
3. Check every passenger is belted or in a proper child restraint.
4. Lock the doors.

Children in the car

New Mexico law requires every child under 12 to wear an appropriate restraint whenever the vehicle is moving. Babies and young children must be secured in an approved child safety seat. Put children in the rear seat, and never in the front passenger seat if the car has an air bag, because a deploying bag can seriously hurt a child.

Age and weight stages for car seats and boosters are set in state law and can change, so check the current rules with the New Mexico Department of Transportation. Its traffic safety program runs car seat checks, and some groups lend seats to families who cannot afford one.

Phones and other distractions

Texting while driving is illegal for every New Mexico driver. The manual advises pulling over to the side of the road to make or take calls whenever possible. Some towns also require a hands-free device for any phone use.

MVD guidance also lists mobile device use while driving among the violations that can delay a permit or provisional driver's progress to the next stage.

• Set your music and navigation before you move off.
• Put your phone on do not disturb and out of reach.
• Ask a passenger to handle calls and directions.
• Do not eat, groom or reach for objects while driving.
• If you are upset or angry, take time to calm down before you drive.

Common mistakes

• Tucking the shoulder belt behind your back. Wear both parts properly.
• Putting a child in the front seat for a short trip. Use the rear seat every time.
• Reading a message at a red light. You are still driving and traffic can change in seconds.
• Assuming a call is safe because it is not a text. Talking can still distract you, so pull over.

Test yourself: Seat belts, child seats and phone laws in New Mexico

Answer each question, then read the explanation. Questions come in a random order each time.

Go deeper

• New Mexico Permit Practice Test
• New Mexico Driver’s License for Adults and New Residents
• Learning to Drive in New Mexico