14-4511. "Operating" or driving a motor vehicle; defined.1
A person is "operating" a motor vehicle2 if the person is:
[driving the motor vehicle;]3
[or]
[in actual physical control with the intent to drive the vehicle, whether or not the vehicle is moving;]
[or]
[exercising control over or steering a vehicle being towed by a motor vehicle;]
[or]
[operating an off-highway motor vehicle;]
[or]
[in actual physical control with the intent to drive the vehicle, of an off-highway motor vehicle whether or not the vehicle is moving].
USE NOTES
1. Use this instruction if "operating" or "driving" is in issue.
2. If there is an issue as to whether the vehicle is a motor vehicle, the definition of "motor vehicle", Section 66-1-4.11 NMSA 1978 should be given.
3. Use only applicable alternative or alternatives.
[Approved, effective April 1, 1997; as amended, effective August 1, 2001; as amended by Supreme Court Order No. 11-8300-004, effective March 21, 2011.]