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.