reglab/housing_qa huggingface dataset:
NM Stat § 66-7-331 (2021)
2021 New Mexico Statutes|Chapter 66 - Motor Vehicles|Article 7 - Traffic Laws; Signs, Signals and Markings; Accidents; Weight and Size; Traffic Safety|Part 4 - TRAFFIC LAWS GENERALLY|Section 66-7-331 - Vehicle entering highway from private road or driveway.

The driver of a vehicle about to enter of [or] cross a highway from a private road or driveway shall yield the right-of-way to all vehicles approaching on said highway. History: 1953 Comp., § 64-7-331, enacted by Laws 1978, ch. 35, § 435. ANNOTATIONSCross references. — For the definition of "private road or driveway", see 66-1-4.14 NMSA 1978. For requirement to stop before emerging from alley or private driveway, see 66-7-346 NMSA 1978. For the penalty assessment for violation of this section, see 66-8-116 NMSA 1978. Not negligent if stopped and looked before entering street. — The evidence that plaintiff stopped, looked and found road free of traffic for a distance of 300 feet before entering it establishes reasonable compliance with the law and the plaintiff is therefore free from negligence. International Serv. Ins. v. Ortiz, 1965-NMSC-095, 75 N.M. 404, 405 P.2d 408. Am. Jur. 2d, A.L.R. and C.J.S. references. — 7A Am. Jur. 2d Automobiles and Highway Traffic § 204. Construction, applicability, and effect of traffic regulation prohibiting vehicles from passing one another at street or highway intersection, 53 A.L.R.2d 850. Backing into highway or street from private way, 63 A.L.R.2d 108. 60A C.J.S. Motor Vehicles §§ 345, 347, 350.
NM Stat § 66-7-332.1 (2021)
2021 New Mexico Statutes|Chapter 66 - Motor Vehicles|Article 7 - Traffic Laws; Signs, Signals and Markings; Accidents; Weight and Size; Traffic Safety|Part 4 - TRAFFIC LAWS GENERALLY|Section 66-7-332.1 - Approach of oncoming vehicle; yield right of way.

A. Notwithstanding any other provision of law, on all roadways, upon the immediate approach of an oncoming vehicle overtaking or attempting to overtake a vehicle proceeding in the same direction, the driver of that vehicle shall yield the right of way and shall drive to a position parallel to and as close as possible to the right hand edge or curb of the roadway and shall remain as close as possible to the right hand edge or curb of the roadway until the oncoming vehicle has passed. B. This section shall not operate to relieve the driver of an oncoming vehicle from the duty to drive with due regard for the safety of all persons using the highway. History: Laws 1987, ch. 332, § 1.
NM Stat § 66-7-333 (2021)
2021 New Mexico Statutes|Chapter 66 - Motor Vehicles|Article 7 - Traffic Laws; Signs, Signals and Markings; Accidents; Weight and Size; Traffic Safety|Part 4 - TRAFFIC LAWS GENERALLY|Section 66-7-333 - Pedestrians subject to traffic regulations.

A. Pedestrians shall be subject to traffic-control signals at intersections as provided in Section 66-7-105 NMSA 1978 unless required by local ordinance to comply strictly with such signals, but at all other places pedestrians shall be accorded the privileges and shall be subject to the restrictions stated in Sections 66-7-333 through 66-7-340 NMSA 1978. B. Local authorities are hereby empowered by ordinance to require that pedestrians shall srictly [strictly] comply with the directions of any official traffic-control signal and may by ordinance prohibit pedestrians from crossing any roadway in a business district or any designated highways except in a crosswalk. History: 1953 Comp., § 64-7-333, enacted by Laws 1978, ch. 35, § 437. ANNOTATIONSCross references. — For the definitions of "crosswalk" and "traffic-control signal", see 66-1-4.3 NMSA 1978 and 66-1-4.17 NMSA 1978, respectively. For the penalty assessment for violation, see 66-8-116 NMSA 1978. For duty of driver to take precautions when approaching blind person, see 28-7-4 NMSA 1978. Bracketed material. — The bracketed material was inserted by the compiler and is not a part of the law. Crossing street outside of crosswalk at least technical violation. — Where plaintiff had attempted to cross a city street at a point other than a regular pedestrian crosswalk, plaintiff was in at least technical violation of the right-of-way provisions of the state statutes and of the city ordinances. Sanchez v. Gomez, 1953-NMSC-053, 57 N.M. 383, 259 P.2d 346. Am. Jur. 2d, A.L.R. and C.J.S. references. — 7A Am. Jur. 2d Automobiles and Highway Traffic §§ 245 to 247, 286. Collision with pedestrian due to swaying or swinging of motor vehicle or trailer, 1 A.L.R.2d 167. Injury by vehicle to construction or maintenance worker in street or highway, 5 A.L.R.2d 757. Liability for injury or damage growing out of pulling out of parked motor vehicle, 29 A.L.R.2d 107. Liability for injury incident to towing automobile, 30 A.L.R.2d 1019. Liability for collision of automobile with pedestrian at intersection as affected by reliance upon or disregard of stop-and-go signal, 2 A.L.R.3d 155. Liability for collision of automobile with pedestrian at intersection as affected by reliance upon or disregard of traffic signal or sign other than stop-and-go signal, 3 A.L.R.3d 557. Failure to comply with statute regulating travel by pedestrian along highway as affecting right to recovery, 45 A.L.R.3d 658. Modern trends as to contributory negligence of children, 32 A.L.R.4th 56. Who is "pedestrian" entitled to rights and subject to duties provided by traffic regulations or judicially stated, 35 A.L.R.4th 1117. 61 C.J.S. Motor Vehicles § 470(1).
NM Stat § 66-7-334 (2021)
2021 New Mexico Statutes|Chapter 66 - Motor Vehicles|Article 7 - Traffic Laws; Signs, Signals and Markings; Accidents; Weight and Size; Traffic Safety|Part 4 - TRAFFIC LAWS GENERALLY|Section 66-7-334 - Pedestrians' right of way in crosswalks.

A. When traffic-control signals are not in place or not in operation, the driver of a vehicle shall yield the right of way, slowing down or stopping if need be to so yield, to a pedestrian crossing the roadway within a crosswalk when the pedestrian is in the crosswalk. B. A pedestrian shall not suddenly leave a curb or other place of safety and walk or run into the path of a vehicle that is so close that it is impossible for the driver to yield. C. Subsection A of this section shall not apply under the conditions stated in Subsection B of Section 66-7-335 NMSA 1978. D. Whenever a vehicle is stopped at a marked crosswalk or at an unmarked crosswalk at an intersection to permit a pedestrian to cross the roadway, the driver of another vehicle approaching from the rear shall not overtake and pass the stopped vehicle. E. A person who violates the provisions of this section is guilty of a penalty assessment misdemeanor. History: 1953 Comp., § 64-7-334, enacted by Laws 1978, ch. 35, § 438; 2007, ch. 92, § 1; 2018, ch. 74, § 44. ANNOTATIONSCross references. — For the definitions of "crosswalk" and "traffic-control signal", see 66-1-4.3 NMSA 1978 and 66-1-4.17 NMSA 1978. For the penalty assessment for violation, see 66-8-116 NMSA 1978. For duty of driver to take precautions when approaching blind person, see 28-7-4 NMSA 1978. The 2018 amendment, effective July 1, 2018, provided a penalty for a violation of the provisions of this section, and made technical changes; and added Subsection E. The 2007 amendment, effective July 1, 2007, required vehicles to yield when pedestrians are in the crosswalk. Provision inapplicable if no crosswalks or other traffic controls. — Where there was no substantial evidence that there were crosswalks or other traffic controls and there was no evidence that plaintiff was attempting to cross the highway, Section 64-18-33, 1953 Comp. (similar to this section); had no application under the set of facts developed at the trial. Pitner v. Loya, 1960-NMSC-024, 67 N.M. 1, 350 P.2d 230. Since there was no traffic signal in place or in operation of the "traffic-control signal" type, which would deprive plaintiff of the right-of-way as a pedestrian under Section 64-18-33, 1953 Comp. (similar to this section), it was prejudicial error to give instruction stating that ". . . the presence of a crosswalk does not in itself give a pedestrian the right-of-way when there are traffic signals in operation at the intersection, as in this case." Ward v. Ray, 1967-NMSC-264, 78 N.M. 566, 434 P.2d 388. Am. Jur. 2d, A.L.R. and C.J.S. references. — 7A Am. Jur. 2d Automobiles and Highway Traffic §§ 2 to 4, 6 to 8, 255, 285, 286. Duty and liability with respect to giving audible signal upon approaching pedestrian, 24 A.L.R.3d 183. 60A C.J.S. Motor Vehicles § 388; 61A C.J.S. Motor Vehicles § 714(2).
NM Stat § 66-7-337 (2021)
2021 New Mexico Statutes|Chapter 66 - Motor Vehicles|Article 7 - Traffic Laws; Signs, Signals and Markings; Accidents; Weight and Size; Traffic Safety|Part 4 - TRAFFIC LAWS GENERALLY|Section 66-7-337 - Drivers to exercise due care.

Notwithstanding the foregoing provisions of Sections 66-7-333 through 66-7-340 NMSA 1978 every driver of a vehicle shall exercise due care to avoid colliding with any pedestrian upon any roadway and shall give warning by sounding the horn when necessary and shall exercise proper precaution upon observing any child or any confused or incapacitated person upon a roadway. History: 1953 Comp., § 64-7-337, enacted by Laws 1978, ch. 35, § 441. ANNOTATIONSCross references. — For penalty assessments for violations, see 66-8-116 NMSA 1978. No absolute duty to sound horn if necessary. — Section 64-18-36, 1953 Comp. (similar to this section), does impose the duty of "warning by sounding the horn if necessary." This, however, is not an absolute duty and defendant could be excused from a violation of the provision. Tenorio v. Nolen, 1969-NMCA-068, 80 N.M. 529, 458 P.2d 604. Duty is greater than mere opportunity. — Inclusion of the words "when the party has the opportunity to sound his horn" in an instruction on defendant's duty under 64-18-36, 1953 Comp. (similar to this section), would have been improper because the instruction would not then have correctly stated the duty imposed by law. Tenorio v. Nolen, 1969-NMCA-068, 80 N.M. 529, 458 P.2d 604. Since there was no proof that defendant did or did not sound his horn and defendant testified that he did not recall if he had, and nobody testified that he had not, no issue of negligence because of failure to sound a horn was presented. Montoya v. Williamson, 1968-NMSC-162, 79 N.M. 566, 446 P.2d 214). Ability to avoid collision factual issue. — In a wrongful death action, the question of whether a motorist could have avoided a collision with a pedestrian by keeping a proper lookout and maintaining proper control of his vehicle is normally a factual issue for the trier of fact. Trujillo v. Treat, 1988-NMCA-017, 107 N.M. 58, 752 P.2d 250. Am. Jur. 2d, A.L.R. and C.J.S. references. — Duty of motor vehicle driver approaching place where children are playing or gathered, 30 A.L.R.2d 5. Duty and liability with respect to giving audible signal upon approaching pedestrian, 24 A.L.R.3d 183. Who is "pedestrian" entitled to rights and subject to duties provided by traffic regulations or judicially stated, 35 A.L.R.4th 1117. 60A C.J.S. Motor Vehicles §§ 354, 394, 396.
NM Stat § 66-7-338 (2021)
2021 New Mexico Statutes|Chapter 66 - Motor Vehicles|Article 7 - Traffic Laws; Signs, Signals and Markings; Accidents; Weight and Size; Traffic Safety|Part 4 - TRAFFIC LAWS GENERALLY|Section 66-7-338 - Pedestrians to use right half of crosswalk.

A. Pedestrians shall move, whenever practicable, upon the right half of crosswalks. B. A person who violates the provisions of this section is guilty of a penalty assessment misdemeanor. History: 1941 Comp., § 68-2437, enacted by Laws 1953, ch. 139, § 91; 1953 Comp., § 64-18-37; recompiled as 1953 Comp., § 64-7-338, by Laws 1978, ch. 35, § 442; 2018, ch. 74, § 46. ANNOTATIONSThe 2018 amendment, effective July 1, 2018, provided a penalty for a violation of the provisions of this section, and made technical changes; added new subsection designation "A."; and added Subsection B.
NM Stat § 66-7-339 (2021)
2021 New Mexico Statutes|Chapter 66 - Motor Vehicles|Article 7 - Traffic Laws; Signs, Signals and Markings; Accidents; Weight and Size; Traffic Safety|Part 4 - TRAFFIC LAWS GENERALLY|Section 66-7-339 - Pedestrians on roadways.

A. Where sidewalks are provided, it is unlawful for a pedestrian to walk along and upon an adjacent roadway. B. Where sidewalks are not provided, a pedestrian walking along and upon a highway shall, when practicable, walk only on the left side of the roadway or its shoulder facing traffic that may approach from the opposite direction. C. A person who violates the provisions of this section is guilty of a penalty assessment misdemeanor. History: 1953 Comp., § 64-7-339, enacted by Laws 1978, ch. 35, § 443; 2018, ch. 74, § 47. ANNOTATIONSCross references. — For duty of driver to take precautions when approaching blind person, see 28-7-4 NMSA 1978. The 2018 amendment, effective July 1, 2018, provided a penalty for a violation of the provisions of this section, and made technical changes; and added Subsection C. Drivers must anticipate pedestrian's presence and exercise reasonable care. — Drivers of automobiles and pedestrians both have the right to the use of the highway. The former must anticipate the presence of the latter and exercise reasonable care to avoid injuring them, commensurate with danger reasonably to be anticipated. Russell v. Davis, 1934-NMSC-076, 38 N.M. 533, 37 P.2d 536. Law reviews. — For comment on Skeet v. Wilson, 76 N.M. 697, 417 P.2d 889 (1966), see 7 Nat. Resources J. 657 (1967). Am. Jur. 2d, A.L.R. and C.J.S. references. — 7A Am. Jur. 2d Automobiles and Highway Traffic § 287. Who is "pedestrian" entitled to rights and subject to duties provided by traffic regulations or judicially stated, 35 A.L.R.4th 1117. Motorist's liability for signaling other vehicle or pedestrian to proceed, or to pass signaling vehicle, 14 A.L.R.5th 193. 60A C.J.S. Motor Vehicles § 389.
NM Stat § 66-7-340 (2021)
2021 New Mexico Statutes|Chapter 66 - Motor Vehicles|Article 7 - Traffic Laws; Signs, Signals and Markings; Accidents; Weight and Size; Traffic Safety|Part 4 - TRAFFIC LAWS GENERALLY|Section 66-7-340 - Pedestrians soliciting rides or business.

A. No person shall stand in a roadway for the purpose of soliciting a ride, employment or business from the occupant of any vehicle. B. No person shall stand on or in proximity to a street or highway for the purpose of soliciting the watching or guardng [guarding] of any vehicle while parked or about to be parked on a street or highway. History: 1953 Comp., § 64-7-340, enacted by Laws 1978, ch. 35, § 444. ANNOTATIONSCross references. — For the penalty assessment for violation, see 66-8-116 NMSA 1978. Am. Jur. 2d, A.L.R. and C.J.S. references. — 7A Am. Jur. 2d Automobiles and Highway Traffic § 288. Anti-hitchhiking laws, their construction and effect in action for injury to hitchhiker, 18 A.L.R. 1447, 68 A.L.R.2d 300. 60A C.J.S. Motor Vehicles § 389.
NM Stat § 66-7-342 (2021)
2021 New Mexico Statutes|Chapter 66 - Motor Vehicles|Article 7 - Traffic Laws; Signs, Signals and Markings; Accidents; Weight and Size; Traffic Safety|Part 4 - TRAFFIC LAWS GENERALLY|Section 66-7-342 - All vehicles must stop at certain railroad grade crossings.

The state transportation commission and local authorities with the approval of the state transportation commission are hereby authorized to designate particularly dangerous highway grade crossings of railroads and to erect stop signs at those crossings. When such stop signs are erected, the driver of any vehicle shall stop within fifty feet but not less than fifteen feet from the nearest rail of the railroad and shall proceed only upon exercising due care. History: 1953 Comp., § 64-7-342, enacted by Laws 1978, ch. 35, § 446; 2003, ch. 142, § 21. ANNOTATIONSCross references. — For the penalty assessment for violation, see 66-8-116 NMSA 1978. The 2003 amendment, effective July 1, 2003, substituted "transportation commission" for "highway commission". Am. Jur. 2d, A.L.R. and C.J.S. references. — 65 Am. Jur. 2d Railroads § 335. Duty of automobilist to shut off motor at railroad crossing, 54 A.L.R. 542. Duty of driver whose view is obstructed to stop at railroad crossing before crossing, 56 A.L.R. 647, 91 A.L.R. 1055. 75 C.J.S. Railroads § 773.
NM Stat § 66-7-343 (2021)
2021 New Mexico Statutes|Chapter 66 - Motor Vehicles|Article 7 - Traffic Laws; Signs, Signals and Markings; Accidents; Weight and Size; Traffic Safety|Part 4 - TRAFFIC LAWS GENERALLY|Section 66-7-343 - Railroad-highway grade crossing violations; certain vehicles required to always stop; exceptions.

A. Except as set forth in Subsection D of this section, a driver of a vehicle carrying passengers for hire, a school bus carrying school children or a vehicle carrying hazardous materials, radioactive or explosive substances or flammable liquids as cargo or as part of its cargo, before entering a railroad-highway grade crossing, is required to stop no more than fifty feet and no less than fifteen feet from the nearest rail of the railroad. B. While stopped, the driver shall: (1) look and listen in both directions along the track for an approaching train and for signals indicating that a train is approaching; (2) determine it is safe to proceed completely through the railroad-highway grade crossing before entering it; and (3) set the vehicle in a gear sufficiently low that gears will not need to be shifted before exiting the railroad-highway grade crossing. C. A driver shall not shift gears while in a railroad-highway grade crossing. D. A driver of a vehicle carrying passengers for hire, a school bus carrying school children or a vehicle carrying hazardous materials, radioactive or explosive substances or flammable liquids as cargo or as part of its cargo is not required to stop at: (1) a railroad-highway grade crossing where a police officer directs traffic to proceed; (2) a railroad-highway grade crossing where a stop-and-go traffic light controls movement of traffic; (3) a railroad-highway grade crossing used exclusively for industrial switching purposes, within a business district as defined in Section 66-1-4.2 NMSA 1978; (4) a railroad-highway grade crossing where use of the railroad has been abandoned and there is a sign indicating that the railroad has been abandoned; or (5) an industrial or spur line railroad-highway grade crossing marked with a sign reading "exempt crossing" that has been designated as exempt by appropriate state or local authorities. E. Penalties for violation of this section are included in Section 66-8-116 NMSA 1978. History: Laws 2003, ch. 51, § 9. ANNOTATIONSRepeals and reenactments. — Laws 2003, ch. 51, § 8 repealed former 66-7-341 NMSA 1978, as enacted by Laws 1978, ch. 35, § 445, and enacted the above section, effective March 19, 2003. Cross references. — For general definitions of the classifications used in this section, see 66-1-4 to 66-1-4.20 NMSA 1978. For the penalty assessment for violation, see 66-8-116 NMSA 1978. Am. Jur. 2d, A.L.R. and C.J.S. references. — 65 Am. Jur. 2d Railroads § 335. 75 C.J.S. Railroads § 773.
NM Stat § 66-7-344 (2021)
2021 New Mexico Statutes|Chapter 66 - Motor Vehicles|Article 7 - Traffic Laws; Signs, Signals and Markings; Accidents; Weight and Size; Traffic Safety|Part 4 - TRAFFIC LAWS GENERALLY|Section 66-7-344 - Moving heavy equipment at railroad grade crossings.

A. No person shall operate or move any crawler-type tractor, steam shovel, derrick, roller or any equipment or structure having a normal operating speed of ten or less miles per hour or a vertical body or load clearance of less than one-half inch per foot of the distance between any two adjacent axles or in any event of less than nine inches, measured above the level surface of a roadway, upon or across any tracks at a railroad grade crossing without first complying with this section. B. Notice of any such intended crossing shall be given to a station agent of such railroad and a reasonable time be given to such railroad to provide proper protection at such crossing. C. Before making any such crossing the person operating or moving any such vehicle or equipment shall first stop the same not less than fifteen feet nor more than fifty feet from the nearest rail of such railroad and while so stopped shall listen and look in both directions along such track for any approaching train and for signals indicating the approach of a train, and shall not proceed until the crossing can be made safely. D. No such crossing shall be made when warning is given by automatic signal or crossing gates or a flagman or otherwise of the immediate approach of a railroad train or car. If a flagman is provided by the railroad, movement over the crossing shall be under his direction. E. This section shall not apply to the normal movement of farm equipment in the regular course of farm operation. History: 1953 Comp., § 64-7-344, enacted by Laws 1978, ch. 35, § 448. ANNOTATIONSCross references. — For definitions applicable to this section, see 66-1-4 to 66-1-4.20 NMSA 1978. For the penalty assessment for violation, see 66-8-116 NMSA 1978. Am. Jur. 2d, A.L.R. and C.J.S. references. — Liability for personal injuries by trailer, 48 A.L.R. 939. 75 C.J.S. Railroads § 773.
NM Stat § 66-7-346 (2021)
2021 New Mexico Statutes|Chapter 66 - Motor Vehicles|Article 7 - Traffic Laws; Signs, Signals and Markings; Accidents; Weight and Size; Traffic Safety|Part 4 - TRAFFIC LAWS GENERALLY|Section 66-7-346 - Stop before emerging from alley or private driveway.

The driver of a vehicle within a business or residence district emerging from an alley, driveway or building shall stop such vehicle immediately prior to driving onto a sidewalk or the sidewalk area extending across any alleyway or driveway, and shall yield the right-of-way to any pedestrian as may be necessary to avoid collision, and upon entering the roadway shall yield the right-of-way to all vehicles approaching on said roadway. History: 1953 Comp., § 64-7-346, enacted by Laws 1978, ch. 35, § 450. ANNOTATIONSCross references. — For definitions applicable to this section, see 66-1-4 to 66-1-4.20 NMSA 1978. For yielding right-of-way before entering highway, see 66-7-331 NMSA 1978. For the penalty assessment for violation, see 66-8-116 NMSA 1978. Exit from a business parking lot is a driveway. — Where defendant was driving out of a parking lot in a business district; the parking lot had an area for parking vehicles and a path for vehicular travel that allowed patrons ingress and egress to a roadway; a sidewalk spanned the access point that defendant was exiting between the roadway and the private property lines; and defendant stopped on, rather than before, the sidewalk area, defendant violated Section 66-7-346 NMSA 1978 because the location where defendant was exiting the parking lot was a driveway. State v. Scharff, 2012-NMCA-087, 284 P.3d 447, cert. denied, 2012-NMCERT-007. Am. Jur. 2d, A.L.R. and C.J.S. references. — 7A Am. Jur. 2d Automobiles and Highway Traffic § 242. 60A C.J.S. Motor Vehicles § 345; 61A C.J.S. Motor Vehicles § 714(2), (3).