New Mexico
New Mexico Windshield Mounting Laws (2026 Guide)
Independently fact-checked against primary sources (last audited August 17, 2026). · Reviewed by the RecordingLaw editorial team. · Law checked current as of August 17, 2026. · 2 primary sources cited on this page. How we verify our legal content

New Mexico prohibits mounting any nontransparent object on the windshield under NMSA 66-3-846, which means GPS devices, phone holders, and dashcams must stay off the glass. No exemption exists for navigation equipment. Mount these devices on the dashboard or a vent clip to remain compliant.
New Mexico takes a strict approach to windshield obstructions. Under state law, drivers may not attach nontransparent materials to the front windshield, the windows immediately to the left and right of the driver, or the rear window when it is used for driving visibility. This prohibition covers GPS devices, phone mounts, dashcams, and any other object that is not transparent.
Unlike many states that carve out specific exceptions for navigation devices or small electronic equipment, New Mexico law does not include a GPS or phone mount exemption. The safest way to use a navigation device or phone in New Mexico is to mount it on the dashboard or use a vent-clip mount.
New Mexico Windshield Obstruction Law
NMSA 66-3-846 is the primary statute governing windshield obstructions. The law states that no person shall drive any motor vehicle with any sign, poster, or other nontransparent material upon or in the front windshield, the windows to the immediate right and left of the driver, or the rearmost window if the latter is used for driving visibility.
The statute provides an exception for the rearmost window. If outside rearview mirrors are attached to both sides of the vehicle, the rearmost window is not considered necessary for driving visibility. This means items can be placed on the rear window as long as the vehicle has functioning exterior mirrors on both sides.
What Counts as Nontransparent Material
The law uses the phrase "sign, poster, or other nontransparent material." This broad language covers any object that blocks light from passing through the windshield, including:
- GPS navigation devices
- Smartphone mounts with phones attached
- Dashcams and other recording devices
- Suction cup mounts of any kind
- Parking permits or placards affixed to the glass
- Stickers, decals, and sun strips beyond legal limits
The statute reaches material placed "upon or in" the windshield or the covered windows. New Mexico has no separate provision on objects suspended from the rearview mirror, so an air freshener or similar hanging item is not covered by this language on its face.
NMSA 66-3-846(A) also contains no general exception for items required by law. The only exceptions in its text are sun screening material that complies with NMSA 66-3-846.1 and the rearmost window when outside rearview mirrors are attached to the vehicle. New Mexico's registration validating sticker is issued for placement on the registration plate or elsewhere on the vehicle as the department prescribes under NMSA 66-3-14, so no registration statute directs drivers to place a decal on the windshield.
Windshield Wipers
NMSA 66-3-846 also requires that every motor vehicle (except motorcycles) be equipped with a functioning windshield wiper that can be controlled by the driver. All windshield wipers must be maintained in good working order. A vehicle with inoperable wipers can be cited under this same statute.
GPS and Phone Mount Rules
New Mexico does not provide a specific exemption for GPS devices, smartphones, or navigation equipment mounted on the windshield. Because a GPS unit or phone is a nontransparent object, attaching it to the windshield violates NMSA 66-3-846.

This is stricter than many neighboring states. Arizona, for example, allows small devices in specified windshield zones. New Mexico makes no such accommodation.
Recommended Mount Locations
To comply with New Mexico law while still using a navigation device, drivers should consider these alternatives:
- Dashboard mount: A suction cup or adhesive mount on the dashboard surface keeps the device off the windshield entirely.
- Vent clip mount: Attaches the device to a dashboard air vent.
- Console mount: Places the device on or near the center console.
- Friction pad mount: A weighted pad that sits on the dashboard and holds the device without adhesive.
Any of these options keeps the device within the driver's line of sight without attaching anything to the windshield.
Dashcam Placement
Because dashcams are nontransparent devices, mounting one on the windshield in New Mexico creates legal exposure under NMSA 66-3-846. While dashcams are not specifically banned by name, the broad prohibition on nontransparent windshield materials applies.
Drivers who want to use a dashcam in New Mexico should mount the camera on the dashboard rather than attaching it to the windshield glass. Dashboard-mounted dashcams with a wide-angle lens can still capture road conditions effectively.
Audio Recording and Dashcams
New Mexico is treated as a one-party consent state for audio recording in practice. NMSA 30-12-1 makes interference with communications a crime, and its written consent exception is limited to a person acting under color of law investigating a crime, not private citizens generally. A driver recording audio in their own vehicle as a party to the conversation is generally understood to fall outside this statute's prohibition, but that rests on practical understanding rather than a consent right the statute grants to civilians.
If a dashcam records audio of passengers or other occupants, informing them about active audio recording is considered good practice regardless of the underlying legal framework.
Windshield Tinting Rules
NMSA 66-3-846.1 governs the use of sun screening material on vehicle windows. The rules are as follows:
Windshield Tint Strip
Sun screening material on the windshield must meet three requirements:
- It must be nonreflective
- It cannot be red, yellow, or amber in color
- It may only be applied along the top of the windshield and cannot extend downward beyond the AS-1 line or more than 5 inches from the top, whichever is closer to the top
Side and Rear Windows
| Window Location | Minimum Light Transmission | Additional Rules |
|---|---|---|
| Windshield (tint strip only) | Not specified (top 5 inches or AS-1 line) | Nonreflective, no red/yellow/amber |
| Front side windows (driver and passenger) | 20% VLT | Nonreflective; allowed only on a vehicle with one right and one left outside rearview mirror |
| Rear side windows | 20% VLT | Nonreflective; allowed only on a vehicle with one right and one left outside rearview mirror |
| Rear window | 20% VLT | Nonreflective; allowed only on a vehicle with one right and one left outside rearview mirror |
Under NMSA 66-3-846.1(B)(2), that 20% allowance applies only to a vehicle equipped with one right and one left outside rearview mirror. New Mexico's 20% VLT standard for side and rear windows is more permissive than many states. For comparison, New York requires 70% VLT on front side windows.
Labeling Requirements
All vehicles with aftermarket sun screening material must display labels in the lower left corner of each treated window (when viewed from outside the vehicle). Labels must include the manufacturer's name, the date the material was manufactured, and the percentage of light transmission.
Medical Exemptions
NMSA 66-3-846.1(E) removes a qualifying vehicle from the sun screening rules entirely. The statutory requirements are narrow:
- An affidavit signed by a physician or an optometrist licensed to practice in New Mexico must state that the person has a physical condition making the nonconforming sun screening material necessary
- The exemption applies to a motor vehicle registered in New Mexico in the name of that person or the person's legal guardian
- The affidavit must be in the possession of the person with the condition, or the person's legal guardian, at all times while that person is being transported in the vehicle
The statute does not list qualifying medical conditions, does not set a minimum light transmission for an exempt vehicle, and does not impose a renewal period. Because the section does not apply to a qualifying vehicle at all, tint darker than the standard limits is permitted so long as the affidavit requirement is met.
Hands-Free Device Laws
NMSA 66-7-374 prohibits texting while driving. The law makes it illegal to read, view, or manually type on a handheld mobile communication device while driving a motor vehicle.
What Is Allowed
- Hands-free devices that allow composing, sending, or reading messages without using a hand (except to activate or initiate a function) are excluded from the prohibition
- GPS or navigation systems physically or electronically integrated into the motor vehicle are excluded
- Using a device to summon medical or emergency help is permitted
- Amateur radio operators with a valid FCC license may use amateur radio equipment
Penalties for Texting While Driving
| Offense | Fine |
|---|---|
| First offense | $25 |
| Subsequent offenses | $50 |
New Mexico's texting law is a primary enforcement law, meaning officers can pull you over solely for texting while driving. However, New Mexico does not currently have a comprehensive hands-free law that prohibits all handheld phone use while driving. The prohibition is limited to texting and does not extend to voice calls made while holding the phone (for adult drivers).
Penalties for Windshield Violations
Violations of NMSA 66-3-846 (windshield obstruction) and NMSA 66-3-846.1 (illegal sun screening) are classified as penalty assessment misdemeanors under NMSA 66-8-116.
| Violation | Classification | Fine |
|---|---|---|
| Windshield obstruction (66-3-846) | Penalty assessment misdemeanor | $50 |
| Illegal sun screening (66-3-846.1) | Penalty assessment misdemeanor | $50 |
| Inoperable windshield wipers (66-3-846) | Penalty assessment misdemeanor | $50 |
NMSA 66-8-116(A) sets the improper equipment assessment for sections 66-3-801 through 66-3-840 and 66-3-842 through 66-3-851, the range that contains both windshield sections, at $50. Paying that assessment resolves the citation without a court hearing. Under NMSA 66-8-116(C), an alleged violator may instead elect to accept a notice to appear in lieu of the notice of penalty assessment, which is what sends the case to court. If the violator is then convicted, the fine imposed cannot exceed the penalty assessment amount, and probation on a suspended or deferred sentence cannot exceed 90 days.
These violations do not carry license points in New Mexico. However, repeat violations could draw additional scrutiny during traffic stops.
Exemptions Summary
| Exemption | Authority |
|---|---|
| Rearmost window (if dual exterior mirrors present) | NMSA 66-3-846(A) |
| Sun screening within legal limits | NMSA 66-3-846.1 |
| Medical exemption (affidavit from a New Mexico licensed physician or optometrist; vehicle registered in New Mexico to that person or a legal guardian) | NMSA 66-3-846.1(E) |
| GPS integrated into the vehicle (for texting law exemption) | NMSA 66-7-374 |
| Emergency calls | NMSA 66-7-374 |
| Amateur radio equipment (FCC licensed) | NMSA 66-7-374 |
Comparison With Neighboring States
New Mexico is stricter than most of its neighbors regarding windshield-mounted devices:
| State | Windshield Mount Allowed | Specific GPS Exemption |
|---|---|---|
| New Mexico | No | No |
| Arizona | Yes (limited area) | Yes |
| Colorado | Yes (with restrictions) | Yes |
| Texas | Yes (limited area) | No specific exemption |
| Oklahoma | Yes (with restrictions) | No specific exemption |
This means drivers entering New Mexico from neighboring states should remove any windshield-mounted devices before crossing the state line to avoid a citation.
More New Mexico Laws
Frequently Asked Questions
Can I mount a GPS or phone on my windshield in New Mexico?
No. NMSA 66-3-846 prohibits nontransparent materials on the windshield, including GPS devices and phone mounts. New Mexico does not have a specific exemption for navigation devices. Mount your device on the dashboard, a vent clip, or the center console instead.
Is a dashcam legal in New Mexico?
Dashcams are legal to use in New Mexico, but they should be mounted on the dashboard rather than the windshield. Mounting a dashcam on the windshield may violate NMSA 66-3-846 because it is a nontransparent object. New Mexico is treated as a one-party consent state in practice, so audio recording with the dashcam is generally understood to be permitted when the driver is a party to the conversation, though this rests on practical understanding rather than the wiretapping statute (NMSA 30-12-1), whose written consent exception applies to law enforcement rather than private citizens.
What is the fine for a windshield obstruction in New Mexico?
A windshield obstruction violation under NMSA 66-3-846 is a penalty assessment misdemeanor. NMSA 66-8-116 sets the improper equipment penalty assessment for that range of sections at $50. The violation does not add points to your driving record, and illegal window tinting under NMSA 66-3-846.1 carries the same $50 penalty assessment.
How dark can I tint my windshield in New Mexico?
You cannot tint the main viewing area of the windshield in New Mexico. A nonreflective tint strip is allowed along the top of the windshield but cannot extend more than 5 inches down from the top or below the AS-1 line, whichever is closer to the top. The strip cannot be red, yellow, or amber. Side and rear windows may be tinted to 20% VLT, but only on a vehicle equipped with one right and one left outside rearview mirror.
Can I get a medical exemption for darker window tint in New Mexico?
Yes, in a narrow form. Under NMSA 66-3-846.1(E) the sun screening rules do not apply to a vehicle registered in New Mexico in the name of a person, or that person's legal guardian, who has an affidavit signed by a physician or optometrist licensed to practice in New Mexico stating that the person has a physical condition making the material necessary. The affidavit must be in the possession of that person or the legal guardian whenever the person is being transported in the vehicle. The statute does not list qualifying conditions and sets no renewal period.
Updates
Corrected the penalty assessment for windshield obstruction and illegal sun screening to $50 under NMSA 66-8-116, rewrote the medical tint exemption to match the actual text of NMSA 66-3-846.1(E), fixed how the penalty assessment and notice to appear work, and removed unsupported claims about hanging air fresheners and required-by-law decals.
Independently fact-checked against the cited primary sources; governing law re-checked for recent changes
Reworked the NMSA 30-12-1 audio-recording claim (article body and FAQ): the statute's consent exception is written for law enforcement investigating a crime, not for private citizens generally, so the one-party framing now reads as practice rather than a right the statute grants to drivers.
Governing law re-checked for recent changes
Reviewed and approved by an editor
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
New Mexico Statutes Annotated 1978, Chapter 66
§ 66-3-846Windshields must be unobstructed and equipped with wipers; windows must be transparent; exception.In forcecited in 6 of our articles
A. No person shall drive any motor vehicle with any sign, poster or other nontransparent material upon or in the front windshield, the windows to the immediate right and left of the driver or the rearmost window if the latter is used for driving visibility, except as provided in Section 66-3-846.1 NMSA 1978. The rearmost window is not necessary for driving visibility where outside rearview mirrors are attached to the vehicle. B. The windshield on every motor vehicle except a motorcycle shall be equipped with a device for cleaning rain, snow or other moisture from the windshield, which device shall be so constructed as to be controlled or operated by the driver of the vehicle. C. Every windshield wiper upon a motor vehicle shall be maintained in good working order. D. A person who violates the provisions of this section is guilty of a penalty assessment misdemeanor.
Official text (excerpt) · last checked 2026-09-08 · Read the full text in our law library · Verify at nmonesource.com
Cross-referenced in the statute itself: § 66-3-846.1
Cited in 3 court opinions in our collectionLatest citing opinion in our collection: 2010
Opinions citing this section in our collection:
- State v. Munoz (New Mexico Court of Appeals 1998, 125 N.M. 765)“…shield could render a vehicle unsafe to drive. We note that NMSA 1978, Section 66-3-846(A) (1997), makes it a misdemeanor to “d…”
- State v. Granados (New Mexico Court of Appeals 2010)“…if the 18 latter is used for driving visibility. 19 NMSA 1978, Section 66-3-846(A) (1997), and that:…”
- United States v. Alvarez-Becerra (Court of Appeals for the Tenth Circuit 2002, 33 F. App'x 403)“…shield in violation of state and local traffic laws. See N.M. Stat. Ann. § 66-3-846 (Michie 1978); Albuquerque, N.M., Code…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: New Mexico Recording Laws (2026): One-Party Consent Rules, New Mexico Dashcam Laws: Windshield Mounting, Audio, and Evidence Rules (2026)
§ 66-3-846.1Sun screening material on windshields and windows; requirements; violation; penalty.In forcecited in 4 of our articles
A. A person shall not operate on any street or highway a motor vehicle that is registered or required to be registered in this state if that motor vehicle has a sun screening material on the windshield or any window that does not comply with the requirements of this section. B. Except as otherwise provided in this section, a sun screening material: (1) when used in conjunction with the windshield, shall be nonreflective, shall not be red, yellow or amber in color and shall be used only along the top of the windshield, not extending downward beyond the ASI line or more than five inches from the top of the windshield, whichever is closer to the top of the windshield; and (2) when used in conjunction with the safety glazing materials of the side wings or side windows located at the immediate right and left of the driver, the side windows behind the driver and the rearmost window shall be nonreflective, shall have a light transmission of not less than twenty percent and shall be used only on the windows of a motor vehicle equipped with one right and one left outside rearview mirror. C.
Official text (excerpt) · last checked 2026-09-01 · Read the full text in our law library · Verify at nmonesource.com
Also relied on in: New Mexico Window Tint Laws (2026): Legal VLT Limits
§ 66-8-116Penalty assessment misdemeanors; definition; schedule of assessments.In forcecited in 2 of our articles
A. As used in the Motor Vehicle Code and the Boat Act [Chapter 66, Article 12 NMSA 1978], "penalty assessment misdemeanor" means violation of any of the following listed sections of the NMSA 1978 for which, except as provided in Subsections D through F of this section, the listed penalty assessment is established: COMMON NAME OF OFFENSE SECTION VIOLATED PENALTY ASSESSMENT Vehicles subject to registration 66-3-1 $ 50.00 Improper display of registration plate 66-3-18 Failure to notify of change of name or address 66-3-23 25.00 Lost or damaged registration, plate or title 66-3-24 25.00 Horseless carriage registration 66-3-27 25.00 Transfer of registration and title 66-3-103 25.00 Expiration of dealer plates 66-3-403 25.00 Special registration plates 66-3-409, 66-3-412.1, 25.00 66-3-413, 66-3-415, Bicycle laws 66-3-417, 66-3-419,…
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at nmonesource.com
Cross-referenced in the statute itself: § 66-7-374
Cited in 12 court opinions in our collectionLatest citing opinion in our collection: 2024
Opinions citing this section in our collection:
- State v. Aragon (New Mexico Court of Appeals 2016, 2017 NMCA 5)“…66-8-128 (2013); NMSA 1978, § 66-8-131 (1990); see also NMSA 1978, § 66-8-116(A)(7) (2011, amended 2016) (setting the…”
- State v. Farish (New Mexico Supreme Court 2021, 499 P.3d 622)“…eanor[s].” See e.g., §§ 66-3-801 to -802, -804 to -806; see NMSA 1978, § 66-8-116 (2019) (listing penalty assessment misd…”
- State v. Guilez (New Mexico Supreme Court 2000, 129 N.M. 240)“…69(A)(2), assessing a penalty of twenty-five dollars, see NMSA 1978, § 66-8-116(A) (1995). Although the stated purpose…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 66-7-374Texting while drivingIn forcecited in 2 of our articles
A. A person shall not read or view a text message or manually type on a handheld mobile communication device for any purpose while driving a motor vehicle, except to summon medical or other emergency help or unless that device is an amateur radio and the driver holds a valid amateur radio operator license issued by the federal communications commission. B. The provisions of this section shall not be construed as authorizing the seizure or forfeiture of a handheld mobile communication device. Unless otherwise provided by law, the handheld mobile communication device used in the violation of the provisions of this section is not subject to search by a law enforcement officer during a traffic stop made pursuant to the provisions of this section. C.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at nmonesource.com
Cited in 1 court opinions in our collectionLatest citing opinion in our collection: 2025
Opinions citing this section in our collection:
- State v. Valerio (New Mexico Court of Appeals 2025)“…il message, web site or any other use of the internet”); NMSA 1978, § 66-7-374(A) (2014) (“A person shall not read…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
New Mexico Statutes Annotated 1978, Chapter 30
§ 30-12-1Interference with communications; exceptionIn forcecited in 37 of our articles
Interference with communications consists of knowingly and without lawful authority: A. displacing, removing, injuring or destroying any radio station, television tower, antenna or cable, telegraph or telephone line, wire, cable, pole or conduit belonging to another, or the material or property appurtenant thereto; B. cutting, breaking, tapping or making any connection with any telegraph or telephone line, wire, cable or instrument belonging to or in the lawful possession or control of another, without the consent of such person owning, possessing or controlling such property; C. reading, interrupting, taking or copying any message, communication or report intended for another by telegraph or telephone without the consent of a sender or intended recipient thereof; D. preventing, obstructing or delaying the sending, transmitting, conveying or delivering in this state of any message, communication or report by or through telegraph or telephone; or E. using any apparatus to do or cause to be done any of the acts hereinbefore mentioned or to aid, agree with, comply or conspire with any person to do or permit or cause to be done any of the acts hereinbefore mentioned.
Official text (excerpt) · last checked 2026-08-28 · Read the full text in our law library · Verify at nmonesource.com
Cited in 19 court opinions in our collectionLatest citing opinion in our collection: 2025
In the courts (editorial summary, independently checked):State v. Johnson (2010) held the consent exception in 30-12-1(E)(3) applies to jail calls where the caller impliedly consents by calling with knowledge the call is recorded. State v. Templeton (2007) found a call from the booking area, recorded with no notice, violated the Act, while a call placed after a recorded notice did not.
Opinions citing this section in our collection:
- State v. Johnson (New Mexico Supreme Court 2010, 148 N.M. 50)✓A jail inmate awaiting a murder retrial made recorded calls asking others to appear at trial and influence testimony; the court held the statute was not violated because an automated message warned both sides, so its prior consent exception applied.
- State v. Ocon (New Mexico Court of Appeals 2021, 493 P.3d 448)“…63); and interference with communications, in violation of NMSA 1978, Section 30-12-1 (1979). On those charges, the jury only…”
- State v. Templeton (New Mexico Court of Appeals 2007, 142 N.M. 369)✓Two of a jailed defendant's phone calls were recorded; the court held the statute was violated as to the booking-area call, where no notice was given and guarded speech did not imply consent, but not as to a later call from a phone that announced monitoring.
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: New Mexico Smart Glasses Recording Laws (2026), New Mexico Audio Recording Laws: One-Party Consent Rules and Penalties (2026), New Mexico Security Camera Laws: Home, Business, and HOA Rules (2026)
Explore the law
The laws cited above reference these related sections in their own text:
- New Mexico Statutes Annotated 1978, Chapter 30 § 30-12-11 — Right of privacy; damages view in our statute record · read at the official source
- New Mexico Statutes Annotated 1978, Chapter 30 § 30-12-2 — Grounds for order of interception view in our statute record · read at the official source
- New Mexico Statutes Annotated 1978, Chapter 66 § 66-3-707 — Lamps and other equipment on bicycles view in our statute record · read at the official source
- New Mexico Statutes Annotated 1978, Chapter 66 § 66-7-356 — Mandatory use of protective helmets view in our statute record · read at the official source
- New Mexico Statutes Annotated 1978, Chapter 66 § 66-7-369 — Child passenger restraint; enforcement view in our statute record · read at the official source
Related law for further reading — not part of this article’s citations.
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Sources and References
- NMSA 66-3-846 - Windshields must be unobstructed and equipped with wipers; windows must be transparent; exception(law.justia.com)
- NMSA 66-3-846.1 - Sun screening material on windshields and windows; requirements; violation; penalty(law.justia.com)
- NMSA 66-7-374 - Texting while driving(law.justia.com)
- NMSA 66-8-116 - Penalty assessment misdemeanors; definition; schedule of assessments(law.justia.com)
- NMSA 30-12-1 - Interception of wire or oral communications(law.justia.com)
- New Mexico Legislature - HB0649 (windshield equipment amendments)(nmlegis.gov).gov
- New Mexico Traffic Citations Manual(courteducation.nmcourts.gov).gov
- NMSA 1978 Chapter 66, Motor Vehicles (official text, New Mexico One Source of Law) - includes 66-3-846, 66-3-846.1 and 66-8-116(nmonesource.com)