2023 New Mexico Statutes › Chapter 67 - Highways › Article 7 - Obstructions and Injuries to Highways › Section 67-7-10 - Unlawful use of highways; penalties.

A. The public highways in the state are dedicated to reasonable use by the public.
B. It is unlawful for any person to injure or damage any public highway, street, road or any bridge, culvert, sign, signpost, other traffic control or safety device or structure upon or used or constructed in connection with any public highway, street or road for the protection thereof or for protection or regulation of traffic thereon by any unusual, improper or unreasonable use thereof or by the careless driving or use of any vehicle thereon or by willful mutilation, defacing or destruction thereof.
C. It is considered unreasonable use of any highway, street, road, bridge or structure to operate or conduct upon or over the same any vehicle, tractor, engine or load of greater weight than that specified by the state, county or municipal authorities having control of the highway, street, road, bridge or structure in a notice posted at or near each end of the highway, street, road, bridge or structure.
D. It is considered unreasonable use of any improved highway, street, road, bridge or structure to operate, drive or haul thereon any truck, tractor or engine in such manner or at times when the surface thereof is in a soft or plastic condition from moisture so as to cause excessive ruts or excessive deterioration or displacement of the surfacing thereof.
E. It is unlawful to operate, haul or conduct over any public highway, street, road, bridge or structure any vehicle, tractor, engine, truck, load, building or other object, more than eight feet in width, except loads of hay, straw or other farm products, without a permit from the state, county or municipal authority in control of such highway, street, road, bridge or structure, which permit shall specify the manner of operation thereof so as to prevent as far as possible inconvenience and danger to the traveling public and damage to the surface.
F. It is unlawful to maintain any fence across any public highway, street, road, bridge or structure unless the owner or person in control of such fence constructs and maintains in good condition a gate and a cattle guard passageway for motor vehicles in accordance with the specifications of the authorities having control of such highway, street, road, bridge or structure. No fence shall be maintained across any public highway, street, road, bridge or structure without a written permit from the authorities having control of such highway, street, road, bridge or structure.
G. Any person violating any provision of this section is guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than twenty-five dollars ($25.00) nor more than five hundred dollars ($500) or by imprisonment in the county jail not less than five days nor more than thirty days or by both such fine and imprisonment.
H. The owner and the operator of a vehicle, truck, tractor or engine that causes damage to any public highway, street, road, bridge, culvert, sign, signpost, other traffic control or safety device or structure in violation of any provision of this section and Section 67-7-11 NMSA 1978 shall be jointly and severally liable to the state, county or municipality as the case may be for the actual damage caused by the operation, conducting or hauling thereof over any public highway, street, road, bridge, culvert, sign, signpost, other traffic control or safety device or structure in violation of any provision of this section and Section 67-7-11 NMSA 1978, to be collected by suit or settlement brought in the name of the state, county or municipality having control of such highway or street, road, bridge, culvert, sign, signpost, other traffic control or safety device or structure; and such vehicle, truck, tractor or engine may be attached and held to satisfy any judgment for damages.
I. Damages and associated claims pursuant to this section may be:
(1) settled at the discretion of the department on behalf of the state, or by the county or municipality, whichever has control of the subject highway or street, road, bridge, culvert, sign, signpost, other traffic control or safety device or structure, with regard to identified damages, whether or not the damages have been reduced to judgment; and may include a contract for collection of such damages due to the state, county or municipality; or
(2) collected by suit brought by the department in the name of the state, or by the county or municipality, whichever has control of the subject highway or street, road, bridge, culvert, sign, signpost, other traffic control or safety device or structure; and such vehicle, truck, tractor or engine that caused the damage may be attached and held to satisfy any judgment for such damages.
J. The proceeds of any such settlement or judgment shall be paid to the treasurer of the state or of such county or municipality and placed to the credit of a fund for the construction and improvement of highways, streets, roads, bridges, traffic control or safety devices or structures.
History:
Laws 1921, ch. 94, § 10; C.S. 1929, § 11-710; 1941 Comp., § 58-611; 1953 Comp., § 55-6-11; 2021, ch. 80, § 1.
ANNOTATIONS
Cross references.
— For penalty for destroying direction signs,
see
67-8-7 NMSA 1978.
For erection of gates at intersections with public road by lessees and purchasers of state lands,
see
19-6-6 NMSA 1978.
For public nuisance,
see
30-8-1 NMSA 1978.
For placing injurious substances upon highways,
see
66-7-364 NMSA 1978.
For gates in fences in herd law districts,
see
77-12-9 NMSA 1978.
The 2021 amendment,
effective June 18, 2021, provided the process for the collection of damages by the department of transportation for destruction of public property; added new subsection designations A through H; added "road, bridge or structure", "highway, street, road", and "highway, street, road, bridge or structure" throughout the section; in Subsection B, after "signpost", added "other traffic control or safety device", and after the next occurrence of "street", added "or road"; in Subsection H, after "tractor or engine", added "that causes damage to any public highway, street, road, bridge, culvert, sign, signpost, other traffic control or safety device or structure in violation of any provision of this section and Section 67-7-11 NMSA 1978", after the next occurrence of "street", added "road", after "culvert", added "sign, signpost, other traffic control or safety device", after "provision of this", deleted "Act" and added "section and Section 67-7-11 NMSA 1978", after "suit", added "or settlement", and after the next occurrence of "street", added "road, bridge, culvert, sign, signpost, other traffic control or safety device or structure"; added a new Subsection I and redesignated former Subsection I as Subsection J; and in Subsection J, after "any such", added "settlement or", and after "improvement of", deleted "roads or streets" and added "highways, streets, roads, bridges, traffic control or safety devices or structures".
Gate may be maintained on public road
if there is compliance with the provisions of this section.
Hindi v. Smith
, 1963-NMSC-226, 73 N.M. 335, 388 P.2d 60.
Posting of road construction notices authorized.
— Any agent of the commission is authorized to post notices prohibiting traffic on roads under construction. 1923 Op. Att'y Gen. No. 23-3738.
Placing of structures on highways.
— The statutes prohibit placing structures on highways for which prosecutions may be had through district attorney, and the commission has full control in such matters. 1938 Op. Att'y Gen. No. 38-1946.
Permits to land airplanes on highways.
— State highway department (now department of transportation) could grant permit for airplanes to land on particular portions of New Mexico highways where proper clearance is also obtained from civil aeronautics administration and the state corporation commission (now public regulation commission). 1943 Op. Att'y Gen. 43-4240.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
40 Am. Jur. 2d Highways, Streets and Bridges § 609.
Damaging highway or bridge by nature or weight of vehicles or loads transported over it, 53 A.L.R.3d 1035, 31 A.L.R.5th 171.
40 C.J.S. Highways §§ 231, 248.