The question of whether it’s illegal to drive barefoot is a common one, fueled by urban legends and well-meaning advice from family and friends. In New Mexico, as in the rest of the United States, the answer is clear: it is not illegal to drive barefoot.
Barefoot Driving Laws in New Mexico
No state law in New Mexico prohibits driving a car, pickup truck, or similar vehicle without shoes. This position is consistent across all 50 states, as confirmed by state departments of motor vehicles and legal reviews. The notion that driving barefoot is illegal is a myth that has persisted for decades, but there is no statute in New Mexico’s traffic laws that requires drivers to wear footwear.
Why the Myth Persists
The misconception likely stems from safety concerns and parental warnings, rather than any actual legislation. Many believe that because driving barefoot can be unsafe, it must also be illegal. However, the law does not make this distinction—New Mexico, like most states, leaves the choice of footwear (or lack thereof) up to the driver.
Safety Considerations
While it’s legal, driving barefoot is generally discouraged by road safety experts and insurance companies for several reasons:
- Reduced grip and control: Bare feet may slip off the pedals more easily, especially if they are wet or sandy, reducing your ability to brake or accelerate quickly.
- Increased risk in accidents: Bare feet are more vulnerable to injury in the event of a crash.
- Potential for reckless driving charges: If you are involved in an accident and law enforcement believes that driving barefoot contributed to the incident, you could be cited for reckless or negligent driving—even though barefoot driving itself is not illegal.
Insurance and Liability Issues
If you are in an accident while driving barefoot, insurance companies may take your choice of footwear into account. They could argue that driving without shoes contributed to the accident, potentially affecting your claim or resulting in higher premiums. In at-fault states, this could also impact your liability in civil cases.
Local Ordinances and Exceptions
While there are no state laws in New Mexico banning barefoot driving, it’s always possible—though extremely rare—for a local municipality to have its own ordinance. However, there is no evidence of any such local laws in New Mexico. The law is clear at the state level: driving barefoot is legal.
Motorcycles and Barefoot Driven
For motorcycle riders, the rules can differ in some states. However, in New Mexico, there is no specific law requiring motorcyclists to wear footwear, though it is highly recommended for safety reasons.
Best Practices for Drivers
Even though it’s legal to drive barefoot, safety experts recommend:
- Wearing well-fitted, closed-toe shoes for optimal pedal control.
- Avoiding flip-flops, sandals, or high heels, which can slip off or get stuck under pedals.
- Ensuring that any shoes removed while driving are safely stowed away from the pedals to prevent interference.
Barefoot Driving in New Mexico
| Aspect | Legal Status in New Mexico | Notes |
|---|---|---|
| Driving a car barefoot | Legal | No state law prohibits it |
| Motorcycle barefoot | Legal, but discouraged | No specific law, but safety risk is higher |
| Local ordinances | None known | No evidence of local bans |
| Accident liability | Can affect fault/insurance | Possible citation for reckless driving if barefoot contributed |
| Safety recommendation | Wear secure, closed-toe shoes | For best control and protection |
It is not illegal to drive barefoot in New Mexico. There are no state or known local laws prohibiting the practice. However, drivers should be aware of the potential safety risks and legal consequences if barefoot driving contributes to an accident. For the safest driving experience, it is best to wear secure, closed-toe shoes that provide good traction and control over your vehicle’s pedals
Sources
- https://1800lionlaw.com/is-it-illegal-to-drive-barefoot/
- https://www.thezebra.com/resources/driving/driving-barefoot/
- https://teamjustice.com/is-it-illegal-to-drive-barefoot/
- https://thefw.com/state-laws-driving-cars-motorcycles-barefoot/
- https://hirejared.com/injuries/is-it-illegal-to-drive-barefoot/
