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 4 - TRAFFIC LAWS GENERALLY › Section 66-7-311 - When overtaking on the right is permitted.

A. The driver of a vehicle may overtake and pass upon the right of another vehicle only under the following conditions:
(1) when the vehicle overtaken is making or about to make a left turn;
(2) upon a street or highway with unobstructed pavement not occupied by parked vehicles of sufficient width for two or more lines of moving vehicles in each direction; or
(3) upon a one-way street, or upon any roadway on which traffic is restricted to one direction of movement, where the roadway is free from obstructions and of sufficient width for two or more lines of moving vehicles.
B. The driver of a vehicle may overtake and pass another vehicle upon the right only under conditions permitting such movement in safety. In no event shall such movement be made by driving off the pavement or main-traveled portion of the roadway.
History:
1953 Comp., § 64-7-311, enacted by Laws 1978, ch. 35, § 415.
ANNOTATIONS
Cross references.
— For the penalty assessment for violation,
see
66-8-116 NMSA 1978.
Since highway was four lanes, overtaking and passing on right
was permissible.
Sapp v. Atlas Bldg. Prods. Co.
, 1957-NMSC-021, 62 N.M. 239, 308 P.2d 213.
Passing on right within flashing yellow intersection
is negligence question for jury.
Butcher v. Safeway Stores, Inc.
, 1967-NMCA-029, 78 N.M. 593, 435 P.2d 212.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 7A Am. Jur. 2d Automobiles and Highway Traffic § 265.
Reciprocal rights, duties, and liabilities where driver of motor vehicle attempts to pass on right of another vehicle proceeding in the same direction, 38 A.L.R.2d 114.
Liability for accident arising from failure of motorist to give signal for left turn at intersection as against motor vehicle proceeding in same direction, 39 A.L.R.2d 15.
Failure of motorist to give signal for left turn between intersections, liability for accident arising from, 39 A.L.R.2d 103.
What amounts to reckless driving of motor vehicle within statute making such a criminal offense, 52 A.L.R.2d 1337.
Construction, applicability, and effect of traffic regulation prohibiting vehicles from passing one another at street or highway intersection, 53 A.L.R.2d 850.
Automobiles: liability for U-turn collisions, 53 A.L.R.4th 849.
60A C.J.S. Motor Vehicles § 326; 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 66-7-312 - Limitations on overtaking on the left.

No vehicle shall be driven to the left side of the center of the roadway in overtaking and passing another vehicle proceeding in the same direction unless such left side is clearly visible and free of oncoming traffic for a sufficient distance ahead to permit such overtaking and passing to be completely made without interfering with the safe operation of any vehicle approaching from the opposite direction or any vehicle overtaken. In every event the overtaking vehicle must return to the right-hand side of the roadway before coming within one hundred feet of any vehicle approaching from the opposite direction.
History:
1953 Comp., § 64-7-312, enacted by Laws 1978, ch. 35, § 416.
ANNOTATIONS
Cross references.
— For the penalty assessment for violation,
see
66-8-116 NMSA 1978.
Passing on hill approaching sharp curve constitutes negligence per se.
— Where a violation of these provisions constitutes negligent conduct per se, in an action for damages and where third truck attempting to pass on sharp curve caused collision between two other trucks, the fact that the third truck did not actually collide with either of the vehicles or that the driver did not know that a collision had occurred would be immaterial if his negligence in passing a vehicle on a hill and when approaching a curve was the proximate cause of the collision.
Wilsey-Bennett Trucking Co. v. Frost
, 275 F.2d 144 (10th Cir. 1960).
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 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.
Construction, applicability and effect of traffic regulation prohibiting vehicles from passing one another at street or highway intersection, 53 A.L.R.2d 850.
60A C.J.S. Motor Vehicles § 326.
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 66-7-313 - Further limitations on driving to left of center of roadway.

A. No vehicle shall at any time be driven to the left side of the roadway under the following conditions:
(1) when approaching the crest of a grade or upon a curve in the highway where the driver's view is obstructed within such distance as to create a hazard in the event another vehicle might approach from the opposite direction;
(2) when approaching within one hundred feet of or traversing any intersection or railroad grade crossing; or
(3) when the view is obstructed upon approaching within one hundred feet of any bridge, viaduct or tunnel.
B. The foregoing limitations shall not apply upon a one-way roadway.
History:
1953 Comp., § 64-7-313, enacted by Laws 1978, ch. 35, § 417.
ANNOTATIONS
Cross references.
— For the penalty assessment for violation,
see
66-8-116 NMSA 1978.
Passing on hill approaching sharp curve constitutes negligence per se.
— Where a violation of these provisions constitutes negligent conduct per se, in an action for damages and where third truck attempting to pass on sharp curve caused collision between two other trucks, the fact that the third truck did not actually collide with either of the vehicles or that the driver did not know that a collision had occurred would be immaterial if his negligence in passing a vehicle on a hill and when approaching a curve was the proximate cause of the collision.
Wilsey-Bennett Trucking Co. v. Frost
, 275 F.2d 144 (10th Cir. 1960).
Some passing bans not applicable to private roads.
— Where roadway was shown not to be a public road, then the statutory ban on passing other vehicles within 100 feet of an intersection of two roads did not apply.
Moore v. Armstrong
, 1960-NMSC-098, 67 N.M. 350, 355 P.2d 284.
Custom and usage right-of-way evidence
admitted for private road accidents.
Irwin v. Graham
, 1956-NMSC-114, 62 N.M. 72, 304 P.2d 875.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— Negligence of motorist as to injury or damage occasioned in avoiding collision with vehicle approaching in wrong lane, 47 A.L.R.2d 119.
Construction and application of statutes regulating or forbidding passing on hill by vehicle, 60 A.L.R.2d 211.
What is a street or highway intersection within traffic rules, 7 A.L.R.3d 1204.
Duty and liability with respect to giving audible signal where driver's view ahead is obstructed at curve or hill, 16 A.L.R.3d 897.
60A C.J.S. Motor Vehicles § 268.
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 66-7-314 - Movement of hazardous vehicle; escort may be required.

When, in the judgment of the New Mexico state police division of the department of public safety or local authorities with respect to highways under their jurisdiction, the movement of any vehicle is deemed a hazard to traffic upon a highway over which the vehicle is to travel, the granting of permission for the movement of the vehicle may be conditioned upon a special escort accompanying the hazardous vehicle.
History:
1953 Comp., § 64-7-314, enacted by Laws 1978, ch. 35, § 418; 1988, ch. 14, § 7; 2007, ch. 209, § 7; 2015, ch. 3, § 35.
ANNOTATIONS
Cross references.
— For movement of vehicles or loads of excessive size and weight,
see
66-7-413 NMSA 1978.
The 2015 amendment,
effective July 1, 2015, provided the New Mexico state police division of the department of public safety with the authority over the movement of hazardous vehicles; after "judgment of the", deleted "motor transportation" and added "New Mexico state police".
The 2007 amendment,
effective July 1, 2007, eliminated the requirement that the chief of the state police furnish a police escort during the movement of a hazardous vehicle.
The 1988 amendment,
effective July 1, 1988, made a minor stylistic change in Subsection A and, in Subsection B, substituted "three hundred dollars ($300)" for "fifty dollars ($50)" and "New Mexico state police division" for "state police".
Private escort service may be used.
— If a load is 20 feet wide or over (a house), the option lies with the division to allow the carrier to furnish his own escort, as opposed to a police escort, such as that provided by a private business escort service. 1972 Op. Att'y Gen. No. 72-21.
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 66-7-316 - One-way roadways and rotary traffic islands.

A. The state transportation commission may designate any highway or any separate roadway under its jurisdiction for one-way traffic and shall erect appropriate signs giving notice of that designation.
B. Upon a roadway designated and signposted for one-way traffic, a vehicle shall be driven only in the direction designated.
C. A vehicle passing around a rotary traffic island shall be driven only to the right of the island.
History:
1953 Comp., § 64-7-316, enacted by Laws 1978, ch. 35, § 420; 2003, ch. 142, § 18.
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 A.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 7A Am. Jur. 2d Automobiles and Highway Traffic § 217.
Duty and liability of vehicle driver approaching intersection of one-way street with other street, 62 A.L.R.2d 275.
60 C.J.S. Motor Vehicles § 33.
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 66-7-320 - Restricted access.

No person shall drive a vehicle onto or from any controlled-access roadway except at such entrances and exits as are established by public authority.
History:
1941 Comp., § 68-2419, enacted by Laws 1953, ch. 139, § 74; 1953 Comp., § 64-18-19; recompiled as 1953 Comp., § 64-7-320, by Laws 1978, ch. 35, § 424.
ANNOTATIONS
Cross references.
— For the definition of "controlled-access highway",
see
66-1-4.3 NMSA 1978.
For the penalty assessment for violation,
see
66-8-116 NMSA 1978.
For the unlawful use of controlled-access facilities,
see
67-11-10 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 66-7-321 - Restrictions on use of controlled-access roadway.

A. The state transportation commission, by resolution or order entered in its minutes, and local authorities, by ordinance, may regulate or prohibit the use of any controlled-access roadway within their respective jurisdictions by any class or kind of traffic that is found to be incompatible with the normal and safe movement of traffic.
B. The state transportation commission or the local authority adopting any such prohibition shall erect and maintain official traffic-control devices on the controlled-access roadway on which the prohibitions are applicable, and, when in place, no person shall disobey the restrictions stated on the devices.
History:
1941 Comp., § 68-2420, enacted by Laws 1953, ch. 139, § 75; 1953 Comp., § 64-18-20; Laws 1969, ch. 169, § 7; recompiled as 1953 Comp., § 64-7-321, by Laws 1978, ch. 35, § 425; 2003, ch. 142, § 19.
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".
Commission has power to prohibit ridden or herded animals
on controlled-access highways by a duly passed resolution. 1960 Op. Att'y Gen. No. 60-226.
Commission may also prevent passing across or through right-of-way.
— The commission has the power, by duly passed resolution, to prohibit animals from passing across, along, over or through the right-of-way of a public controlled access highway within the state. 1960 Op. Att'y Gen. No. 60-226.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— Motorist's liability for collision at intersection of ordinary and arterial highways as affected by absence, displacement or malfunctioning of stop sign or other traffic signal, 74 A.L.R.2d 242.
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 66-7-323 - Turning on curve or crest or [of] grade prohibited.

No vehicle shall be turned so as to proceed in the opposite direction upon any curve, or upon the approach to, or near the crest of a grade, where such vehicle cannot be seen by the driver of any other vehicle approaching from either direction within one thousand feet.
History:
1953 Comp., § 64-7-323, enacted by Laws 1978, ch. 35, § 427.
ANNOTATIONS
Bracketed material.
— The bracketed material in the catchline was inserted by the compiler and is not part of the law.
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 § 259.
Automobiles: liability for U-turn collisions, 53 A.L.R.4th 849.
60A C.J.S. Motor Vehicles §§ 303(7), 367.
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 66-7-324 - Starting parked vehicle.

No person shall start a vehicle which is stopped, standing or parked unless and until such movement can be made with reasonable safety.
History:
1941 Comp., § 68-2423, enacted by Laws 1953, ch. 139, § 78; 1953 Comp., § 64-18-23; recompiled as 1953 Comp., § 64-7-324, by Laws 1978, ch. 35, § 428.
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 § 282.
Liability of owner or operator of automobile for injury to one assisting in extricating or starting his stalled or ditched car, 3 A.L.R.3d 780.
Failure of motorist to cramp wheels against curb or turn them away from traffic, or to shut off engine, as causing accidental starting up of parked motor vehicle, 42 A.L.R.3d 1283.
Contributory negligence as defense to action for injury or damage caused by accidental starting up of parked motor vehicle, 43 A.L.R.3d 930.
60A C.J.S. Motor Vehicles § 334.
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 66-7-327 - Method of giving hand and arm signals.

All signals herein required given by hand and arm shall be given from the left side of the vehicle in the following manner and such signal shall indicate as follows:
A. left turn: hand and arm extended horizontally;
B. right turn: hand and arm extended upward; and
C. stop or decrease speed: hand and arm extended downward.
History:
1953 Comp., § 64-7-327, enacted by Laws 1978, ch. 35, § 431.
ANNOTATIONS
Cross references.
— For the penalty assessment for violation,
see
66-8-116 NMSA 1978.
Both drivers in collision guilty of proximate negligence per se.
— Where it appeared that automobile had not been equipped with proper rear view mirror to enable driver to see distance of 200 feet in rear and that driver had not signaled that he was reducing speed or stopping and driver of truck which struck rear of first driver's automobile admitted he followed at distance of only 50 to 100 feet, both drivers were guilty of negligence per se and accident proximately resulted from such negligence.
Pacific Greyhound Lines v. Alabam Freight Lines
, 1951-NMSC-051, 55 N.M. 357, 233 P.2d 1044.
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 66-7-329 - Vehicles turning left at intersection.

The driver of a vehicle within an intersection intending to turn to the left shall yield the right-of-way to any vehicle approaching from the opposite direction which is within the intersection or so close thereto as to constitute an immediate hazard, but said driver, having so yielded and having given a signal when and as required by the Motor Vehicle Code [66-1-1 NMSA 1978], may make such left turn and the drivers of all other vehicles approaching the intersection from said opposite direction shall yield the right-of-way to the vehicle making the left turn.
History:
1953 Comp., § 64-7-329, enacted by Laws 1978, ch. 35, § 433.
ANNOTATIONS
Cross references.
— For the penalty assessment for violation,
see
66-8-116 NMSA 1978.
Negligence per se if left-turning vehicle's failure to yield hazardous.
— Where appellees' vehicle was some 40 to 50 feet east of the intersection, traveling 25 to 30 miles per hour, as the left turn was started, appellant was legally bound to look and see westbound traffic so near the intersection and yield the right-of-way. She admittedly failed to do so, and a violation of the proper standards of conduct was negligence per se.
Danz v. Kennon
, 1957-NMSC-090, 63 N.M. 274, 317 P.2d 321.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 7A Am. Jur. 2d Automobiles and Highway Traffic § 238.
Cutting corners as negligence, 115 A.L.R. 1178.
Rights and liabilities as between drivers of motor vehicles proceeding in the same direction, where one or both attempt to pass on left of another vehicle so proceeding, 27 A.L.R.2d 317.
Liability for accident arising from failure of motorist to give signal for left turn at intersection, as against motor vehicle proceeding in same direction, 39 A.L.R.2d 15.
Liability for accident arising from failure of motorist to give signal for left turn at intersection, as against oncoming or intersecting motor vehicle, 39 A.L.R.2d 65.
Liability for accident arising from failure of motorist to give signal for left turn between intersections, 39 A.L.R.2d 103.
What is street or highway intersection within traffic rules, 7 A.L.R.3d 1204.
60A C.J.S. Motor Vehicles §§ 365 to 367.
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 66-7-331 - 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.
ANNOTATIONS
Cross 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.
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 66-7-332.1 - 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.
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 66-7-333 - 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.
ANNOTATIONS
Cross 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).
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 66-7-334 - 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.
ANNOTATIONS
Cross 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).
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 66-7-337 - 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.
ANNOTATIONS
Cross 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.
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 66-7-338 - 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.
ANNOTATIONS
The 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.
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 66-7-340 - 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.
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 § 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.
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 66-7-342 - 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.
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".
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.
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 66-7-343 - 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.
ANNOTATIONS
Repeals 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.
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 66-7-344 - 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.
ANNOTATIONS
Cross 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.
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 66-7-346 - 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.
ANNOTATIONS
Cross 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).
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 66-7-348 - Special lighting equipment on school buses.

A. The director is authorized to adopt standards and specifications applicable to lighting equipment on and special warning devices to be carried by school buses consistent with the provisions of the Motor Vehicle Code [66-1-1 NMSA 1978] and supplemental thereto, except that the standards and specifications may designate and permit the use of flashing warning signal lights on school buses for the purpose of indicating when children are boarding or alighting from any school bus. Such standards and specifications shall correlate with and, so far as possible, conform to specifications approved by the society of automotive engineers.
B. It is unlawful to operate any flashing warning signal light on any school bus except when the school bus is stopped or is about to stop on a roadway for the purpose of permitting school children to board or alight from the school bus.
History:
1953 Comp., § 64-7-348, enacted by Laws 1978, ch. 35, § 452.
ANNOTATIONS
Cross references.
— For special restrictions on lamps,
see
66-3-835 NMSA 1978.
Legislature intended these restrictions to only be operative outside residential
and business districts, where vehicle speeds are apt to be greater and where the danger to children is accordingly greater. 1957 Op. Att'y Gen. No. 57-235.
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 66-7-350 - Officers authorized to remove illegally stopped vehicles.

A. Whenever any police officer finds a vehicle standing upon a highway in violation of any of the foregoing provisions of Sections 66-7-349 through 66-7-352 NMSA 1978, such officer is hereby authorized to move such vehicle, or require the driver or other person in charge of the vehicle to move the same, to a position off the paved or main-traveled part of such highway.
B. Whenever any police officer finds a vehicle unattended upon any bridge or causeway or in any tunnel where such vehicle constitutes an obstruction to traffic, such officer is hereby authorized to provide for the removal of such vehicle to the nearest garage or other place of safety.
C. No driver of any vehicle shall permit said vehicle to remain unattended on or adjacent to any public road, highway or highway right-of-way of the state for a longer period than twenty-four hours without notifying the state police or sheriff's office of the county where said vehicle is parked or said vehicle shall be deemed abandoned. The state police or sheriff's officer may cause all such abandoned vehicles to be removed and the owner of the vehicle shall be required to pay all costs incident to the removal of said vehicle, provided that wrecked vehicles may be removed at any time and without regard to the twenty-four hour period hereinbefore provided.
D. Whenever an officer shall order a dealer or wrecker to remove from a highway, or territory adjacent thereto, any damaged or abandoned vehicle the officer shall at the time issue signed and dated instructions in writing to the dealer or wrecker specifically stating if the vehicle is to be "held for investigation" or if it may be released to the owner.
History:
1953 Comp., § 64-7-350, enacted by Laws 1978, ch. 35, § 454.
ANNOTATIONS
Cross references.
— For the penalty assessment for violation,
see
66-8-116 NMSA 1978.
Statute unconstitutional
as it does not provide for appropriate notice of the towing of an owner's vehicle and does not provide a meaningful and timely opportunity to challenge the validity of the towing.
Sandia v. Rivera
, 2002-NMCA-057, 132 N.M. 201, 46 P.3d 108.
Police officer properly authorized removal of wrecked tandem trailer,
even where owner left a flagman at scene of wreck, since the operative effect of the proviso appended to Section 64-18-50, 1953 Comp. (similar to this section), did not require the vehicle to have been unattended.
Trujillo v. Romero
, 1971-NMSC-020, 82 N.M. 301, 481 P.2d 89.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— Liability for injury on parking or strip between sidewalk and curb, 19 A.L.R.2d 1053, 98 A.L.R.3d 439.
Validity and construction of statute or ordinance regulating vehicle towing business, 97 A.L.R.3d 495.
State or municipal towing, impounding, or destruction of motor vehicles parked or abandoned on streets or highways, 32 A.L.R.4th 728.
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 66-7-351 - Stopping, standing or parking prohibited in specified places.

A. No person shall stop, stand or park a vehicle, except when necessary to avoid conflict with other traffic or in compliance with law or the directions of a police officer or traffic-control device, in any of the following places:
(1) on a sidewalk;
(2) in front of a public or private driveway;
(3) within an intersection;
(4) within fifteen feet of a fire hydrant;
(5) on a crosswalk;
(6) within twenty feet of a crosswalk at an intersection;
(7) within thirty feet upon the approach to any flashing beacon, stop sign or traffic-control signal located at the side of a roadway;
(8) between a safety zone and the adjacent curb or within thirty feet of points on the curb immediately opposite the end [ends] of a safety zone, unless the traffic authority indicates a different length by signs or markings;
(9) within fifty feet of the nearest rail of a railroad crossing;
(10) within twenty feet of the driveway entrance to any fire station and on the side of a street opposite the entrance to any fire station within seventy-five feet of said entrance, when properly signposted;
(11) alongside or opposite any street excavation or obstruction when stopping, standing or parking would obstruct traffic;
(12) on the roadway side of any vehicle stopped or parked at the edge or curb of a street;
(13) upon any bridge or other elevated structure upon a highway or within a highway tunnel; or
(14) at any place where official signs prohibit stopping.
B. No person shall move a vehicle not lawfully under his control into any such prohibited area or away from a curb such distance as is unlawful.
History:
1953 Comp., § 64-7-351, enacted by Laws 1978, ch. 35, § 455.
ANNOTATIONS
Cross 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.
— 7A Am. Jur. 2d Automobiles and Highway Traffic §§ 271, 272, 274 to 284.
Parking illegally at or near street corner or intersection as affecting liability for motor vehicle accident, 4 A.L.R.3d 324.
Liability for negligence of doorman or similar attendant in parking patron's automobile, 41 A.L.R.3d 1055.
60A C.J.S. Motor Vehicles §§ 329 to 333; 61A C.J.S. Motor Vehicles § 714(1).