New Mexico: Cell phone laws, legislation
Last updated: December 17, 2009 · Print this report
Cell phone, text messaging legislation news: New Mexico Gov. Bill Richardson says he’ll submit legislation in early 2010 that outlaws use of handheld cell phones while driving.
Current prohibitions:
No statewide limits on cell phones except for their use by driving students and drivers of state vehicles.
Local ordinances restrict driving while cell phoning in Albuquerque, Gallup, Taos, Santa Fe, Las Cruces and Espanola.
Cell phone, texting legislation:
Gov. Richardson has proposed a statewide ban on the use of handheld wireless communications devices for all drivers. “We’ve all seen drivers swerving around the road while talking on the phone and texting, putting the safety and lives of New Mexicans in danger,” Richardson said Dec. 15. Violators would be fined up to $200. Also, the bill would outlaw texting and talking for public transportation drivers and school bus drivers, even if a hands-free device was employed.
2009 legislation:
HB 301 would prohibit text messaging while operating a motor vehicle. Approved by the New Mexico House on Feb. 26 and sent to the Senate.
SB 341: Would ban reading, writing and sending text messages while driving. (Appears identical to HB 301.) Approved by the Senate on March 5 and sent to the House.
2009 legislation notes:
Rep. Antonio Lujan, D-Las Cruces, introduced HB 301, which would outlaw text messaging while operating a motor vehicle. The bill was approved in the House on a 35-24 vote and now goes before the Senate. It calls for a $100 fine per violation, high for the state. “(Texting while behind the wheel) seems to be much more hazardous and becoming more and more prevalent,” Lujan said.
Sen. Lynda Lovejoy, D-Crownpoint, authored the Senate version of the text messaging legislation. “I have young adult children, and I have a whole slew of nieces and nephews, and when I travel with them it is very frightening when they use their text messaging,” she said. The bill was approved in the Senate on a 22-15 vote.
Local cell phone/texting laws:
Espanola’s ban on drivers’ use of handheld cell phones is in effect as of July 1, 2009. Police chief Julian Gonzales had this advice for citizens: “Stay off the phone, quit texting, drive your vehicle, pull over if you have to.”
The Gallup city council voted Dec. 11, 2008, to punish distracted driving resulting from text messaging, cell phones, applying make-up, etc.
Santa Fe’s local ban on use of hand-held cell phones while driving survived an attempted repeal on June 9, 2008. Councilors voted 6-2 to keep the ordinance, first enacted in 2001. The city is averaging 124 tickets a month, the Santa Fe New Mexican reported.
Councilor Rebecca Wurzburger wants to hike the fine from $100 to $500: “We should experiment with expanding this law, not retracting it,” she said. Other councilors said they would support extending the ban to all use of cell phones while driving, including those with hands-free devices.
Previous legislation:
The Legislature considered a ban on cell phone use without a hands-free device in 2006, but the legislation failed to clear committee.






Texting while driving is NOT that big of a deal. if your responsible enough to do it then who cares?
the people that can’t handle it are clearly the ones who are being charged and such. so don’t blame everone else.
you should ask someone whose loved one has been injured or killed, by someone texting or talking on a phone, if it’s NOT that big of a deal.