reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 7 - Traffic Laws; Signs, Signals and Markings; Accidents; Weight and Size; Traffic Safety › Part 2 - SIGNS, SIGNALS AND MARKINGS › Section 66-7-102.1 - State transportation commission; speed limit signs.

The state transportation commission shall erect billboard-size signs at entry points into New Mexico on interstate and major state highways, warning and informing motorists of New Mexico speed limits, the fines for speeding in New Mexico and New Mexico's commitment to enforce its speed limits.
History:
Laws 1989, ch. 320, § 7; 2003, ch. 142, § 13.
ANNOTATIONS
Compiler's notes.
— This section is not a part of the Motor Vehicle Code but has been compiled as part of the Motor Vehicle Code as a convenience to the user.
The 2003 amendment,
effective July 1, 2003, substituted "transportation commission" for "highway commission" in the section heading and the section.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 7 - Traffic Laws; Signs, Signals and Markings; Accidents; Weight and Size; Traffic Safety › Part 2 - SIGNS, SIGNALS AND MARKINGS › Section 66-7-103 - Local traffic-control devices.

Local authorities in their respective jurisdiction [jurisdictions] shall place and maintain such traffic-control devices upon highways under their jurisdiction as they may deem necessary to indicate and to carry out the provisions of Article 7 of Chapter 66 NMSA 1978 or local traffic ordinances or to regulate, warn or guide traffic. All such traffic-control devices hereafter erected shall conform to the state manual and specifications.
History:
1953 Comp., § 64-7-103, enacted by Laws 1978, ch. 35, § 383.
ANNOTATIONS
Cross references.
— For priority of state highways over secondary roads as to stopping or yielding,
see
66-7-9 NMSA 1978.
Bracketed material.
— The bracketed material was inserted by the compiler and is not a part of the law.
Placement of portable barricades
is a method of traffic control under the Manual of Uniform Traffic Control Devices which must be followed by local authorities.
Rutherford v. Chaves County
, 2003-NMSC-010, 133 N.M. 756, 69 P.3d 1199.
Driver charged with obeying stop sign or being found negligent.
— Where stop sign had been erected and maintained by legally constituted authority and "was at least a de facto warning sign," the driver in the exercise of due care was charged with the duty to obey it, or run the risk of being found guilty of negligence.
Sellman v. Haddock
, 1959-NMSC-082, 66 N.M. 206, 345 P.2d 416.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— Municipality's liability for failure to erect traffic warnings against entering or using street which is partially barred or obstructed by construction or improvement work, 52 A.L.R.2d 689.
Governmental liability for failure to post highway deer crossing warning signs, 59 A.L.R.4th 1217.
Legal aspects of speed bumps, 60 A.L.R.4th 1249.
60 C.J.S. Motor Vehicles § 43.
Liability of municipal corporation or electric utility for injury resulting from inoperative, malfunctioning, or otherwise defective street light. 11 A.L.R.5th 579.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 7 - Traffic Laws; Signs, Signals and Markings; Accidents; Weight and Size; Traffic Safety › Part 2 - SIGNS, SIGNALS AND MARKINGS › Section 66-7-104 - Obedience to any required traffic-control devices.

A. The driver of any vehicle shall obey the instructions of any official traffic-control device applicable thereto placed in accordance with the provisions of Article 7 of Chapter 66 NMSA 1978, unless otherwise directed by a traffic or police officer, subject to the exceptions granted the driver of an authorized emergency vehicle in Article 7 of Chapter 66 NMSA 1978.
B. No provision of Article 7 of Chapter 66 NMSA 1978 for which signs are required shall be enforced against an alleged violator if at the time and place of the alleged violation an official sign is not in proper position and sufficiently legible to be seen by an ordinarily observant person. Whenever a particular section does not state that signs are required, such section shall be effective even though no signs are erected or in place.
History:
1953 Comp., § 64-7-104, enacted by Laws 1978, ch. 35, § 384.
ANNOTATIONS
Cross references.
— For definition of "official traffic-control devices",
see
66-1-4.13 NMSA 1978.
For the requirement of obedience to police officers,
see
66-7-4 NMSA 1978.
Violation of section not conclusive proof of negligence.
— A mere showing that decedent operated a motor vehicle negligently in violation of this section and Section 66-8-102 NMSA 1978 is not sufficient to warrant summary judgment as it does not conclusively establish that the decedent's negligence was a contributing proximate cause of the accident.
Sweenhart v. Co-Con, Inc.
, 1981-NMCA-031, 95 N.M. 773, 626 P.2d 310, cert. denied, 95 N.M. 669, 625 P.2d 1186.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 7A Am. Jur. 2d Automobiles and Highway Traffic §§ 232 to 235, 248 to 252, 255.
What amounts to reckless driving of motor vehicle within statute making such a criminal offense, 52 A.L.R.2d 1337.
Liability for automobile accident other than direct collision with pedestrian as affected by reliance upon or disregard of stop-and-go signal, 2 A.L.R.3d 12.
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 automobile accident at intersection as affected by reliance upon or disregard of "yield" sign or signal, 2 A.L.R.3d 275.
Liability for automobile accident at intersection as affected by reliance upon or disregard of unchanging stop signal or sign, 3 A.L.R.3d 180.
Liability for automobile accident at intersection as affected by reliance upon or disregard of unchanging caution, slow, danger or like sign or signal, 3 A.L.R.3d 507.
Liability for collision of automobile with pedestrian at intersection as affected by reliance upon or disregard of traffic sign or signal other than stop-and-go signal, 3 A.L.R.3d 557.
61A C.J.S. Motor Vehicles § 714(3).
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 7 - Traffic Laws; Signs, Signals and Markings; Accidents; Weight and Size; Traffic Safety › Part 2 - SIGNS, SIGNALS AND MARKINGS › Section 66-7-106 - Pedestrian-control signals.

A. Whenever special pedestrian control signals exhibiting the words "walk" or "don't walk" are in place:
(1) "walk" indicates that pedestrians facing the signal may proceed across the roadway in the direction of the signal and shall be given the right of way by drivers of all vehicles; and
(2) "don't walk" indicates that no pedestrian shall start to cross the roadway in the directions of the signal, but any pedestrian who has partially completed the pedestrian's crossing on the walk signal shall proceed to a sidewalk or safety island while the don't walk signal is showing.
B. A person who violates the provisions of this section is guilty of a penalty assessment misdemeanor.
History:
1941 Comp., § 68-2206, enacted by Laws 1953, ch. 139, § 35; 1953 Comp., § 64-16-6; Laws 1969, ch. 169, § 4; recompiled as 1953 Comp., § 64-7-106, by Laws 1978, ch. 35, § 386; 2018, ch. 74, § 41.
ANNOTATIONS
The 2018 amendment,
effective July 1, 2018, provided a penalty for a violation of this section, and made technical changes; added new subsection designation "A.", and in Subsection A, added new paragraph designations "(1)" and "(2)"; and added new Subsection B.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— Liability for collision of automobile with pedestrian 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 sign or signal other than stop-and-go signal, 3 A.L.R.3d 557.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 7 - Traffic Laws; Signs, Signals and Markings; Accidents; Weight and Size; Traffic Safety › Part 2 - SIGNS, SIGNALS AND MARKINGS › Section 66-7-107 - Flashing signals.

A. Whenever an illuminated flashing red or yellow signal is used in a traffic sign or signal, it shall require obedience by vehicular traffic as follows:
(1) flashing red (stop signal): when a red lens is illuminated with rapid intermittent flashes, drivers of vehicles shall stop before entering the nearest crosswalk at an intersection or at a limit line when marked or, if none, before entering the intersection, and the right to proceed shall be subject to the rules applicable after making a stop at a stop sign; or
(2) flashing yellow (caution signal): when a yellow lens is illuminated with rapid intermittent flashes, drivers of vehicles may proceed through the intersection or pass such signal only with caution.
B. This section does not apply at railroad grade crossings. Conduct of drivers of vehicles approaching railroad grade crossings shall be governed by the rules as set forth in Section 66-7-341 NMSA 1978.
C. A person who violates the provisions of this section is guilty of a penalty assessment misdemeanor.
History:
1953 Comp., § 64-7-107, enacted by Laws 1978, ch. 35, § 387; 2018, ch. 74, § 42.
ANNOTATIONS
The 2018 amendment,
effective July 1, 2018, provided a penalty for a violation of this section, made technical changes, and added Subsection C.
Flashing red signal light directs drivers of vehicles to stop,
but it does not then alternately direct them to proceed as does the ordinary traffic light described in Section 66-7-105 NMSA 1978 which exhibits different colored lights successively, each color in turn directing drivers to stop, to go, etc. Similarly, a flashing yellow signal light directs drivers of vehicles to proceed with caution, but it does not alternately direct them to stop.
Ward v. Ray
, 1967-NMSC-264, 78 N.M. 566, 434 P.2d 388.
Entering flashing yellow intersection with view obstructed may be violation.
— Where first northbound truck slowed down, for a flashing yellow light, but not as much as the second truck, and as the first truck approached the intersection, its driver's view was obstructed by the second, more cautious, truck, there was a factual question as to whether the first truck's driver complied with Section 64-16-17, 1953 Comp. (similar to this section).
Butcher v. Safeway Stores, Inc.
, 1967-NMCA-029, 78 N.M. 593, 435 P.2d 212.
Pedestrian has right-of-way if no signal of traffic-control type.
Ward v. Ray
, 1967-NMSC-264, 78 N.M. 566, 434 P.2d 388.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 7 - Traffic Laws; Signs, Signals and Markings; Accidents; Weight and Size; Traffic Safety › Part 2 - SIGNS, SIGNALS AND MARKINGS › Section 66-7-108 - Display of unauthorized signs, signals or markings.

A. A person shall not place, maintain or display upon or in view of any highway any unauthorized sign, signal, marking or device that purports to be or is an imitation of or resembles an official traffic-control device or railroad sign or signal or that attempts to direct the movement of traffic or that hides from view or interferes with the effectiveness of any official traffic-control device or any railroad sign or signal. A person shall not place or maintain nor shall a public authority permit upon a highway any traffic sign or signal bearing any commercial advertising.
B. Every such prohibited sign, signal, marking or device is declared to be a public nuisance, and the authority having jurisdiction over the highway is empowered to remove the sign, signal, marking or device or cause it to be removed without notice.
C. A person who violates the provisions of this section is guilty of a penalty assessment misdemeanor.
History:
1953 Comp., § 64-7-108, enacted by Laws 1978, ch. 35, § 388; 2018, ch. 74, § 43.
ANNOTATIONS
Cross references.
— For definitions of "official traffic-control devices" and "railroad sign or signal",
see
66-1-4.13 and 66-1-4.15 NMSA 1978 respectively.
For abatement of a public nuisance,
see
30-8-8 NMSA 1978.
The 2018 amendment,
effective July 1, 2018, provided a penalty for a violation of this section, clarified certain provisions, and made technical changes; in Subsection B, after "marking", added "or device", and after "remove the", added "sign, signal, marking or device"; and added Subsection C.
Railroad's duty not limited by section.
— While final authority for the installation of particular safety devices at grade crossings rests with state and local governments, the allocation of authority does not relieve the railroads of their duty to take all reasonable precautions to maintain grade crossing safety.
Largo v. Atchison, Topeka & Santa Fe Ry.
, 2002-NMCA-021, 131 N.M. 621, 41 P.3d 347.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 7 - Traffic Laws; Signs, Signals and Markings; Accidents; Weight and Size; Traffic Safety › Part 2 - SIGNS, SIGNALS AND MARKINGS › Section 66-7-109 - Interference with official traffic-control devices or railroad signs or signals.

No person shall without lawful authority attempt to or in fact alter, deface, injure, knock down or remove any official traffic-control device or any railroad sign or signal or any inscription, shield or insignia thereon, or any part thereof.
History:
1941 Comp., § 68-2209, enacted by Laws 1953, ch. 139, § 38; 1953 Comp., § 64-16-9; recompiled as 1953 Comp., § 64-7-109, by Laws 1978, ch. 35, § 389.
ANNOTATIONS
Cross references.
— For definitions of "official traffic-control devices" and "railroad sign or signal",
see
66-1-4.13 and 66-1-4.15 NMSA 1978 respectively.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— Private person's negligent interference with traffic signs or signals, 64 A.L.R.2d 1364.
Liability of railroad for injury or damage resulting from motor vehicle striking bridge or underpass because of insufficient vertical clearance, 67 A.L.R.2d 1364.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 7 - Traffic Laws; Signs, Signals and Markings; Accidents; Weight and Size; Traffic Safety › Part 3 - ACCIDENTS › Section 66-7-202 - Accidents involving damage to vehicle.

The driver of any vehicle involved in an accident resulting only in damage to a vehicle which is driven or attended by any person shall immediately stop such vehicle at the scene of such accident or as close thereto as possible but shall forthwith return to and in every event shall remain at the scene of such accident until he has fulfilled the requirements of Section 66-7-203 NMSA 1978. Every such stop shall be made without obstructing traffic more than is necessary. Any person failing to stop or comply with said requirements under such circumstances shall be guilty of a misdemeanor.
History:
1953 Comp., § 64-7-202, enacted by Laws 1978, ch. 35, § 391.
ANNOTATIONS
Cross references.
— For the penalty for a misdemeanor,
see
66-8-7 NMSA 1978.
For immediate appearance before magistrate for violation,
see
66-8-122 NMSA 1978.
Sufficient evidence to support defendant's conviction for leaving the scene of an accident.
— There was sufficient evidence for a reasonable jury to infer that defendant left the scene of an accident without fulfilling his statutory duty to provide reasonable assistance to the other driver where the jury was instructed in relevant part that the state must prove defendant did not immediately stop, did not return to and did not remain at the scene of the accident, and where defendant testified that he "was trying to flee the scene" and the state presented evidence of the distance defendant ran before being tackled by an officer.
State v. Nieto
, 2023-NMCA-072.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— Sufficiency of showing of driver's involvement in motor vehicle accident to support prosecution for failure to stop, furnish identification, or render aid, 82 A.L.R.4th 232.
Admissibility of evidence of prior accidents or injuries at same place. 15 A.L.R.6th 1.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 7 - Traffic Laws; Signs, Signals and Markings; Accidents; Weight and Size; Traffic Safety › Part 3 - ACCIDENTS › Section 66-7-204 - Duty upon striking unattended vehicle.

The driver of any vehicle which collides with any vehicle which is unattended shall immediately stop and shall then and there either locate and notify the operator or owner of such vehicle of the name and address of the driver and owner of the vehicle striking the unattended vehicle or shall leave in a conspicuous place in the vehicle struck a written notice giving the name and address of the driver and of the owner of the vehicle doing the striking and a statement of the circumstances thereof.
History:
1941 Comp., § 68-2304, enacted by Laws 1953, ch. 139, § 42; 1953 Comp., § 64-17-4; recompiled as 1953 Comp., § 64-7-204, by Laws 1978, ch. 35, § 393.
ANNOTATIONS
Warrantless home arrest not merited.
— The minor offenses of careless driving and leaving the scene of an accident do not merit the extraordinary recourse of warrantless home arrest.
Howard v. Dickerson
, 34 F.3d 978 (10th Cir. 1994).
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 60 C.J.S. Motor Vehicles § 43.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 7 - Traffic Laws; Signs, Signals and Markings; Accidents; Weight and Size; Traffic Safety › Part 3 - ACCIDENTS › Section 66-7-205 - Duty upon striking fixtures or other property upon a highway.

The driver of any vehicle involved in an accident resulting only in damage to fixtures or other property legally upon or adjacent to a highway shall take reasonable steps to locate and notify the owner or person in charge of such property of such fact and of his name and address and of the registration number of the vehicle he is driving and shall upon request exhibit his driver's license and shall make report of such accident when and as required in Section 66-7-207 NMSA 1978.
History:
1953 Comp., § 64-7-205, enacted by Laws 1978, ch. 35, § 394.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 7 - Traffic Laws; Signs, Signals and Markings; Accidents; Weight and Size; Traffic Safety › Part 3 - ACCIDENTS › Section 66-7-206 - Immediate notice of accidents.

The driver of a vehicle, the autonomous motor vehicle operator or the autonomous commercial motor vehicle operator, if applicable, involved in an accident resulting in bodily injury to or death of any person or property damage to an apparent extent of five hundred dollars ($500) or more shall immediately, by the quickest means of communication, give notice of the accident to the police department if the accident occurs within a municipality; otherwise to the office of the county sheriff or the nearest office of the New Mexico state police. In the case of an autonomous motor vehicle or autonomous commercial motor vehicle operating without a human driver, the owner of that motor vehicle or person working on behalf of the vehicle owner shall be responsible for providing the notice required by this section.
History:
1941 Comp., § 68-2306, enacted by Laws 1953, ch. 139, § 44; 1953 Comp., § 64-17-6; Laws 1967, ch. 12, § 1; recompiled as 1953 Comp., § 64-7-206, by Laws 1978, ch. 35, § 395; 1991, ch. 160, § 15; 2021, ch. 114, § 5.
ANNOTATIONS
The 2021 amendment,
effective July 1, 2022, included autonomous motor vehicle operators and autonomous commercial motor vehicle operators in an existing provision that requires a driver involved in an accident to give notice of the accident to law enforcement, and, in the case of an autonomous motor vehicle or autonomous commercial motor vehicle operating without a human driver, placed the responsibility of providing notice on the owner of the motor vehicle or the person working on behalf of the owner of the vehicle owner; and after "The driver of a vehicle", added "the autonomous motor vehicle operator or the autonomous commercial motor vehicle operator, if applicable", and after "New Mexico state police", added "In the case of an autonomous motor vehicle or autonomous commercial motor vehicle operating without a human driver, the owner of that motor vehicle or person working on behalf of the vehicle owner shall be responsible for providing the notice required by this section.".
The 1991 amendment,
effective July 1, 1991, inserted "bodily" preceding "injury"; substituted "five hundred dollars ($500)" for "one hundred dollars ($100)"; and made minor stylistic changes.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— Construction and application of "amnesty" provision whereby automobile driver leaving scene of accident may report to police within stated time without risk of use of his report against him, 36 A.L.R.4th 907.
Admissibility of police officer's testimony at state trial relating to motorist's admissions made in or for automobile accident report required by law, 46 A.L.R.4th 291.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 7 - Traffic Laws; Signs, Signals and Markings; Accidents; Weight and Size; Traffic Safety › Part 3 - ACCIDENTS › Section 66-7-207.1 - Motor vehicle accidents involving a school bus; investigation by a law enforcement officer certified as an accident reconstructionist.

All motor vehicle accidents involving a school bus that result in a fatality or life threatening injury shall be investigated by a law enforcement officer certified as an accident reconstructionist.
History:
Laws 2001, ch. 232, § 1.
ANNOTATIONS
Effective dates.
— Laws 2001, ch. 232, § 2 made the section effective July 1, 2001.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 7 - Traffic Laws; Signs, Signals and Markings; Accidents; Weight and Size; Traffic Safety › Part 3 - ACCIDENTS › Section 66-7-208 - When driver unable to report.

A. Whenever the driver of a vehicle is physically incapable of giving an immediate notice of an accident as required in Section 66-7-206 NMSA 1978 and there was another occupant in the vehicle at the time of the accident capable of doing so, such occupant shall give or cause to be given the notice not given by the driver.
B. Whenever the driver is physically incapable of making a written report of an accident as required in Section 66-7-207 NMSA 1978 and such driver is not the owner of the vehicle, then the owner of the vehicle involved in such accident shall within five days after learning of the accident make such report not made by the driver.
History:
1953 Comp., § 64-7-208, enacted by Laws 1978, ch. 35, § 397.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references.
— Construction and application of "amnesty" provision whereby automobile driver leaving scene of accident may report to police within stated time without risk of use of his report against him, 36 A.L.R.4th 907.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 7 - Traffic Laws; Signs, Signals and Markings; Accidents; Weight and Size; Traffic Safety › Part 3 - ACCIDENTS › Section 66-7-209 - Accident report form.

A. The state highway and transportation department shall prepare and, upon request, supply to police departments, district medical investigators, sheriffs, garages and other suitable agencies or individuals forms for accident reports required under Section 66-7-207 NMSA 1978 appropriate with respect to the persons required to make the reports and the purposes to be served. The written reports to be made by persons involved in accidents and by investigating officers shall call for sufficiently detailed information to disclose with reference to a traffic accident the cause, conditions then existing and the persons and vehicles involved. The report of the investigating officer shall also state whether the persons involved in the accident have motor vehicle or automobile liability insurance and the name and address of each insurance carrier.
B. Every accident report required to be made in writing shall be made on an appropriate form approved by the state highway and transportation department in conjunction with the state police division of the public safety department and shall contain all of the information required on the form unless not available.
C. Every accident report shall also contain information sufficient to enable the state highway and transportation department to determine whether the requirements for the deposit of security under any of the laws of this state are inapplicable by reason of the existence of insurance or other exceptions specified therein.
History:
1953 Comp., § 64-7-209, enacted by Laws 1978, ch. 35, § 398; 1989, ch. 318, § 24.
ANNOTATIONS
Cross references.
— For the Financial Responsibility Act,
see
66-5-201 NMSA 1978 et seq.
The 1989 amendment,
effective July 1, 1989, substituted "state highway and transportation department" for "division" in Subsections A and B; in Subsection A substituted "district medical investigators" for "coroners" near the beginning of the first sentence, and "66-7-207 NMSA 1978" for "64-7-207 NMSA 1953" near the middle of that sentence; in Subsection B inserted "in conjunction with the state police division of the public safety department" and made a minor stylistic change; and in Subsection C substituted "state highway and transportation department" for "director".
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 60 C.J.S. Motor Vehicles § 43.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 7 - Traffic Laws; Signs, Signals and Markings; Accidents; Weight and Size; Traffic Safety › Part 3 - ACCIDENTS › Section 66-7-210 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1989, ch. 318, § 37 repealed 66-7-210 NMSA 1978, as enacted by Laws 1978, ch. 35, § 399, relating to penalty for failure to report and false reports, effective July 1, 1989.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 7 - Traffic Laws; Signs, Signals and Markings; Accidents; Weight and Size; Traffic Safety › Part 3 - ACCIDENTS › Section 66-7-211 - District medical investigators to report.

Every district medical investigator or other official performing like functions shall, on or before the tenth day of each month, report in writing to the state highway and transportation department the death of any person within his jurisdiction during the preceding calendar month as the result of a traffic accident, giving the time and place of the accident and the circumstances relating to the accident.
History:
1953 Comp., § 64-7-211, enacted by Laws 1978, ch. 35, § 400; 1989, ch. 318, § 25.
ANNOTATIONS
The 1989 amendment,
effective July 1, 1989, substituted "District medical investigators" for "Coroners" in the catchline, "district medical investigator" for "coroner" near the beginning of the section, and "state highway and transportation department" for "division" near the middle of the section, and made minor stylistic changes near the end of the section.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 7 - Traffic Laws; Signs, Signals and Markings; Accidents; Weight and Size; Traffic Safety › Part 3 - ACCIDENTS › Section 66-7-212 - Garages, dealers and wreckers of vehicles to report.

The person in charge of any garage or repair shop and dealers or wreckers of vehicles to whom is brought any motor vehicle which shows evidence of having been involved in an accident of which report must be made as provided in Section 66-7-207 NMSA 1978 or struck by any bullet shall report to the state highway and transportation department within twenty-four hours after the motor vehicle is received, giving the engine number, registration number and the name and address of the owner or operator of the vehicle.
History:
1953 Comp., § 64-7-212, enacted by Laws 1978, ch. 35, § 401; 1989, ch. 318, § 26.
ANNOTATIONS
Cross references.
— For the definitions of "dealer",
see
66-1-4.4 NMSA 1978.
The 1989 amendment,
effective July 1, 1989, substituted "66-7-207 NMSA 1978" for "64-7-207 NMSA 1953" and "state highway and transportation department" for "division", and made minor stylistic changes.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 61A C.J.S. Motor Vehicles § 717.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 7 - Traffic Laws; Signs, Signals and Markings; Accidents; Weight and Size; Traffic Safety › Part 3 - ACCIDENTS › Section 66-7-214 - Agency to tabulate and analyze accident reports.

The state highway and transportation department shall tabulate and may analyze all accident reports and shall publish annually or at more frequent intervals statistical information based thereon as to the number and circumstances of traffic accidents.
History:
1941 Comp., § 68-2314, enacted by Laws 1953, ch. 139, § 51; 1953 Comp., § 64-17-14; recompiled as 1953 Comp., § 64-7-214, by Laws 1978, ch. 35, § 403; 1989, ch. 318, § 28.
ANNOTATIONS
The 1989 amendment,
effective July 1, 1989, substituted "Agency" for "Division" in the catchline and "state highway and transportation department" for "division" near the beginning of the section.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 7 - Traffic Laws; Signs, Signals and Markings; Accidents; Weight and Size; Traffic Safety › Part 3 - ACCIDENTS › Section 66-7-215 - Any incorporated city may require accident reports.

Any incorporated city, town, village or other municipality may by ordinance require that the driver of a vehicle involved in an accident shall also file with a designated city department a report of such accident or a copy of any report herein required to be filed with the division. All such reports shall be for the confidential use of the city department and subject to the provisions of Section 66-7-213 NMSA 1978.
History:
1953 Comp., § 64-7-215, enacted by Laws 1978, ch. 35, § 404.
2023 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 66-7-302 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1989, ch. 318, § 37 and Laws 1989, ch. 319, § 15 repealed 66-7-302 NMSA 1978, as amended by Laws 1987, ch. 73, § 1, relating to maximum speed limit, effective July 1, 1989.
Compiler's notes.
— Laws 1989, ch. 320, § 2 purported to amend this section, as amended by Laws 1987, ch. 73, § 1, but, because of the earlier repeal by Laws 1989, ch. 318, § 37 and Laws 1989, ch. 319, § 15, that amendment could not be given effect. For present comparable provisions,
see
66-7-302.1 NMSA 1978.
2023 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 66-7-302.1 - Speed limit; conviction; use limited.

A. The division shall not use a violation of Section 66-7-301 NMSA 1978, where the posted speed limit is designated as fifty-five or sixty-five miles an hour, for the purpose of suspending or revoking a driver's license unless the driver was exceeding the speed of seventy-five miles an hour.
B. An insurer shall not consider a violation of Section 66-7-301 NMSA 1978, where the posted speed limit is designated as fifty-five or sixty-five miles an hour, as a moving traffic violation against a person unless the person was exceeding the speed of seventy-five miles an hour for the purpose of establishing rates of motor vehicle insurance charged by the insurer, and the insurer shall not cancel or refuse to renew any policy of insurance for such a violation.
History:
1978 Comp., § 66-7-302.1, enacted by Laws 1989, ch. 318, § 30 and Laws 1989, ch. 319, § 8; 1991, ch. 55, § 1; 2013, ch. 31, § 1.
ANNOTATIONS
The 2013 amendment,
effective July 1, 2013, limited the use of speeding violations where the posted speed is between fifty-five and sixty-five miles an hour; in Subsection A, after "shall not use a violation", deleted "under Paragraph (3) or (4) of Subsection A" and after "Section 66-7-301 NMSA 1978", added "where the posted speed limit is designated as fifty-five or sixty-five miles an hour"; and in Subsection B, after "shall not consider a violation", deleted "under Paragraph (3) or (4) of Subsection A" and after "Section 66-7-301 NMSA 1978", added "where the posted speed limit is designated as fifty-five or sixty-five miles an hour".
The 1991 amendment,
effective June 14, 1991, substituted "seventy-five miles per hour" for "seventy miles per hour" in Subsections A and B.
2023 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 66-7-302.2 - Certain speeding convictions to be disregarded in the development or application of a point system.

A. Except as provided in Subsection B of this section, in developing and applying a point system that is used as a basis for suspension or revocation of driving privileges, the division shall not assign points for convictions for speeding on rural highways of the state. As used in this section, "rural highway" means that part of a highway that is located at least two miles outside of the boundaries of an incorporated city, town or village. The two-mile distance shall be measured:
(1) from the point where the highway crosses the boundary, and if there is more than one such intersection, from the intersection most distant from the geographic center of the city, town or village; or
(2) if there are milepost markers on the highway, to the first milepost marker indicating two or more miles.
B. The provisions of this section do not apply to:
(1) rural highways in Bernalillo county;
(2) a conviction for speeding if the citation out of which the conviction arises indicated that excessive speed of the motorist cited was a factor in the accident; or
(3) motor vehicles weighing twelve thousand pounds or more.
History:
Laws 2002, ch. 71, § 3.
ANNOTATIONS
Effective dates.
— Laws 2002, ch. 71 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 15, 2002, 90 days after adjournment of the legislature.
2023 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 66-7-303.1 - Construction zones; traffic control devices; penalty.

A. When construction, repair or reconstruction of any street or highway is being done, the state highway department or the local authority with jurisdiction over that street or highway is authorized to designate as a construction zone that portion of the street or highway where construction, reconstruction or repair is being done and to close the construction zone to traffic or to provide for a single lane of traffic on any two-lane or four-lane highway in the construction zone.
B. The state highway department or any local authority closing all or a portion of a street or highway or providing for a single lane of traffic on any two-lane or four-lane street or highway pursuant to Subsection A of this section shall erect or cause to be erected traffic-control devices or barricades to warn and notify the public of any change in speed limit and that such street or highway is closed or limited to a single lane of traffic.
C. Every pedestrian or person who operates a vehicle on any street or highway shall obey all signs, signals, markings, flagmen or other traffic-control devices that are placed to regulate, control and guide traffic through a construction zone.
D. No person shall remove, change, modify, deface or alter any traffic-control device or barricade which has been erected on any street or highway pursuant to this section.
E. Any person who violates any provision of Subsection C or D of this section is guilty of a misdemeanor and upon conviction shall be sentenced in accordance with Section 66-8-7 NMSA 1978.
History:
Laws 1985, ch. 188, § 3; 1991, ch. 192, § 5.
ANNOTATIONS
Cross references.
— For the state highway department,
see
67-3-6 NMSA 1978.
The 1991 amendment,
effective June 14, 1991, substituted "sentenced in accordance with Section 66-8-7 NMSA 1978" for "punished by a fine not to exceed two hundred dollars ($200) or imprisonment in the county jail for a term not to exceed thirty days or both" at the end of Subsection E and made minor stylistic changes in Subsection C.
2023 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 66-7-304 - County roads; authority to regulate speed limits.

A. The board of county commissioners of a county may alter and establish speed limits lower than those established by law on county roads within its county, provided that:
(1) the speed limit is deemed to be reasonable and safe under local conditions on the basis of an engineering survey and traffic investigation;
(2) the alteration of a speed limit is approved by the state transportation commission; and
(3) the county posts speed limit signs that conform to the specifications as set forth in the manual adopted by the state transportation commission before enforcing the speed limit.
B. As used in this section, "county roads" means any streets, roads or highways built and maintained by the county or the control of which has been given to the county by the state transportation commission.
History:
1953 Comp., § 64-7-304, enacted by Laws 1978, ch. 35, § 408; 2003, ch. 142, § 14.
ANNOTATIONS
Cross references.
— For the adoption of a manual and specifications for a uniform system of traffic-control devices,
see
66-7-101 NMSA 1978.
The 2003 amendment,
effective July 1, 2003, added "deemed to be" preceding "reasonable" in Paragraph A(1) and substituted "transportation commission" for "highway commission" in Paragraphs A(2), A(3) and Subsection B.
2023 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 66-7-305 - Minimum speed regulation.

A. A person shall not drive a motor vehicle at such a slow speed as to impede the normal and reasonable movement of traffic except when reduced speed is necessary for safe operation or to be in compliance with law.
B. Whenever the state transportation commission or local authorities within their respective jurisdictions determine on the basis of an engineering and traffic investigation that slow speeds on any part of a highway consistently impede the normal and reasonable movement of traffic, the commission or the local authority may determine and declare a minimum speed limit below which no person shall drive a vehicle except when necessary for safe operation or to be in compliance with law; provided that local authorities in municipalities of more than one hundred thousand population may prohibit vehicles that by virtue of weight or design are slow moving on local arterials during peak hours of traffic.
History:
1953 Comp., § 64-7-305, enacted by Laws 1978, ch. 35, § 409; 2003, ch. 142, § 15.
ANNOTATIONS
Cross 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" in Subsection B.
Traffic stop was justified.
— Police officer had probable cause to stop defendant for impeding traffic where defendant was traveling 35 miles per hour in a 55 miles per hour zone while occupying the inside traffic lane.
State v. Mann
, 1985-NMCA-107, 103 N.M. 660, 712 P.2d 6, cert. denied, 103 N.M. 740, 713 P.2d 556 (1986).
Traffic stop not justified.
— Police officer lacked probable cause to stop defendant for impeding traffic where defendant was traveling 45 miles per hour in a 55 miles per hour zone.
U.S. v. Valadez-Valadez
, 525 F.3d 987 (10th cir. 2008).
Violation is proper question for jury.
— Violations of Section 64-18-4, 1953 Comp. (similar to this section) (driving so slow as to impede traffic), 64-18-49, 1953 Comp. (similar to Section 66-7-349 NMSA 1978) (stopping on a highway) and 66-7-318 A NMSA 1978 (following too closely), which were enacted for the benefit of the public, were proper questions for jury.
Archuleta v. Johnston
, 1971-NMCA-158, 83 N.M. 380, 492 P.2d 997, cert. denied, 83 N.M. 379, 492 P.2d 996.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— Civil cases involving law against slow speed, 66 A.L.R.2d 1194.
61A C.J.S. Motor Vehicles § 588.
2023 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 66-7-306 - Special speed limitations.

A. Subject to the requirements of Section 66-3-847 NMSA 1978, no person shall drive any vehicle equipped with solid rubber or cushion tires at a speed greater than ten miles per hour.
B. A person shall not drive a vehicle over any bridge or other elevated structure constituting a part of a highway at a speed that is greater than the maximum speed that can be maintained with safety to the bridge or structure when such structure is signposted as provided in this section.
C. The state transportation commission upon request from a local authority shall, or upon its own initiative may, conduct an investigation of any bridge or other elevated structure constituting a part of a highway, and if it finds that the structure cannot with safety to itself withstand vehicles traveling at the speed otherwise permissible under the Motor Vehicle Code, the commission shall determine and declare the maximum speed of vehicles that the structure can withstand and shall cause or permit suitable signs stating the maximum speed to be erected and maintained at a minimum distance of three hundred feet before each end of the structure.
D. Upon the trial of a person charged with a violation of this section, proof of determination of the maximum speed by the state transportation commission and the existence of suitable signs constitutes conclusive evidence of the maximum speed that can be maintained with safety to the bridge or structure.
History:
1953 Comp., § 64-7-306, enacted by Laws 1978, ch. 35, § 410; 2003, ch. 142, § 16.
ANNOTATIONS
Cross references.
— For the penalty assessment for violation,
see
66-8-116 NMSA 1978.
The 2003 amendment,
effective July 1, 2003, rewrote the section heading; substituted "66-3-847 NMSA 1978" for "64-3-847 NMSA 1953" and deleted "a maximum of" preceding "ten miles per hour" in Subsection A; and substituted "transportation commission" for "highway commission" in Subsection C.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 60A C.J.S. Motor Vehicles § 246.
2023 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 66-7-307 - Charging violations; rule in civil actions.

A. In every charge of violation of any speed regulation under the Motor Vehicle Code [66-1-1 NMSA 1978], the complaint and the uniform traffic citation shall specify the speed at which the defendant is alleged to have driven and the maximum speed applicable within the district or at the location.
B. Provisions of the Motor Vehicle Code for maximum speed limitations shall not be construed to relieve the plaintiff in any civil action from the burden of proving negligence on the part of the defendant as the proximate cause of an accident.
History:
1941 Comp., § 68-2407, enacted by Laws 1953, ch. 139, § 62; 1953 Comp., § 64-18-7; Laws 1969, ch. 169, § 5; recompiled as 1953 Comp., § 64-7-307, by Laws 1978, ch. 35, § 411.
ANNOTATIONS
Proof of violation of a statute is one method of proving negligence.
Dahl v. Turner
, 1969-NMCA-075, 80 N.M. 564, 458 P.2d 816, cert. denied, 80 N.M. 608, 458 P.2d 860.
Court acquired jurisdiction over speeding prosecution
even though citation was not made under oath and the complaint failed to allege the speed and speed limit and that the appellant was the person who committed the offense.
State v. Mesecher
, 1964-NMSC-211, 74 N.M. 510, 395 P.2d 233.
2023 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 66-7-309 - Passing vehicles proceeding in opposite direction [directions].

Drivers of vehicles proceeding in opposite directions shall pass each other to the right, and upon roadways having width for not more than one line of traffic in each direction each driver shall give to the other at least one-half of the main-traveled portion of the roadway as nearly as possible.
History:
1941 Comp., § 68-2409, enacted by Laws 1953, ch. 139, § 64; 1953 Comp., § 64-18-9; recompiled as 1953 Comp., § 64-7-309, by Laws 1978, ch. 35, § 413.
ANNOTATIONS
Cross 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 §§ 266, 839, 842.
Rights, duties and liability with respect to narrow bridge or passage as between motor vehicles approaching from opposite directions, 47 A.L.R.2d 142.
60A C.J.S. Motor Vehicles §§ 306, 307; 61A C.J.S. Motor Vehicles § 686.
2023 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 66-7-310 - Overtaking a vehicle on the left.

The following rules shall govern the overtaking and passing of vehicles proceeding in the same direction, subject to those limitations, exceptions and special rules hereinafter stated:
A. the driver of a vehicle overtaking another vehicle proceeding in the same direction shall pass to the left thereof at a safe distance and shall not again drive to the right side of the roadway until safely clear of the overtaken vehicle; and
B. except when overtaking and passing on the right is permitted, the driver of an overtaken vehicle shall give way to the right in favor of the overtaking vehicle on audible signal and shall not increase the speed of his vehicle until completely passed by the overtaking vehicle.
History:
1953 Comp., § 64-7-310, enacted by Laws 1978, ch. 35, § 414.
ANNOTATIONS
Cross references.
— For the penalty assessment for violation,
see
66-8-116 NMSA 1978.
Left lane truck not proximate cause when right lane car swerving.
— Where car signaled for a right turn and veered to the right, then suddenly signaled for a left turn and went from the right to the left side of the road, thereby creating a sudden emergency which truck driver in left lane could not reasonably avoid, truck driver exercised ordinary care in the circumstances and did not violate any statutory or customary rule of the road, so as to proximately contribute to the accident.
Watts v. Roberts
, 282 F.2d 565 (10th Cir. 1960).
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 7A Am. Jur. 2d Automobiles and Highway Traffic §§ 262, 859.
Rights and liabilities as between drivers of motor vehicles proceeding in same direction, where one or both attempt to pass on left of another vehicle so proceeding, 27 A.L.R.2d 317.
Reciprocal rights, duties and liabilities where driver of motor vehicle attempts to pass on right of other motor vehicle proceeding in same direction, 38 A.L.R.2d 114.
Proximate cause as question for jury where motor vehicle driver, passing on left of other vehicle proceeding in same direction, cuts back to the right, 48 A.L.R.2d 232.
Duty and liability of overtaken driver with respect to adjusting speed to that of passing vehicle, 91 A.L.R.2d 1260.
Duty and liability with respect to giving audible signal when driver's view ahead is obstructed at curve or hill, 16 A.L.R.3d 897.
Duty and liability with respect to giving audible signal before passing, 22 A.L.R.3d 325.
60A C.J.S. Motor Vehicles §§ 324 to 326; 61A C.J.S. Motor Vehicles § 686.