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 66-7-352 - Additional parking regulations.

A. Except as otherwise provided in this section, every vehicle stopped or parked upon a roadway where there are adjacent curbs shall be so stopped or parked with the right-hand wheels of such vehicle parallel to and within eighteen inches of the right-hand curb.
B. Local authorities may by ordinance permit parking of vehicles within [with] the left-hand wheels adjacent to and within eighteen inches of the left-hand curb of a one-way roadway.
C. Local authorities may by ordinance permit angle parking on any roadway, except that angle parking shall not be permitted on any federal-aid or state highway unless the state highway commission has determined by resolution or ordered entered in its minutes that the roadway is of sufficient width to permit angle parking without interfering with the free movement of traffic.
D. The state highway commission with respect to highways under its jurisdiction may place signs prohibiting or restricting the stopping, standing or parking of vehicles on any highway where in its opinion, as evidenced by resolution or order entered in its minutes, such stopping, standing or parking is dangerous to those using the highway or where the stopping, standing or parking of vehicles would unduly interfere with the free movement of traffic thereon. Such signs shall be official signs and no person shall stop, stand or park any vehicle in violation of the restrictions stated on such signs.
History:
1953 Comp., § 64-7-352, enacted by Laws 1978, ch. 35, § 456.
ANNOTATIONS
Cross references.
— For the penalty assessment for violation,
see
66-8-116 NMSA 1978.
For parking privilege for passenger motor vehicle of disabled person,
see
3-51-46 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 7A Am. Jur. 2d Automobiles and Highway Traffic §§ 275, 276.
Construction and effect in civil actions of statute, ordinance or regulation requiring vehicles to be stopped or parked parallel with, or within certain distance of, curb, 17 A.L.R.2d 582.
Right to park vehicles on private way, 37 A.L.R.2d 944.
Duty and liability of vehicle drivers within parking lot, 62 A.L.R.2d 288.
Liability of owner or driver of double-parked motor vehicle for ensuing injury, death or damage, 82 A.L.R.2d 726.
Liability or recovery in automobile negligence action as affected by absence or insufficiency of lights on parked or standing motor vehicle, 61 A.L.R.3d 13.
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 66-7-352.1 - Short title.

Sections 66-7-352.1 through 66-7-352.6 NMSA 1978 may be cited as the "Accessible Parking Standards and Enforcement Act".
History:
Laws 1983, ch. 45, § 1; 1990, ch. 120, § 36; 2001, ch. 124, § 2; 2007, ch. 319, § 58.
ANNOTATIONS
The 2007 amendment,
effective June 15, 2007, changed the title of the act.
The 2001 amendment,
effective June 15, 2001, substituted "66-7-352.6 NMSA 1978" for "66-7-352.5 NMSA 1978".
The 1990 amendment,
effective July 1, 1990, substituted "Sections 66-7-352.1 through 66-7-352.5 NMSA 1978" for "This act".
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 66-7-352.2 - Legislative intent.

The policy and intent of this legislature is declared to be as follows:
A. that this legislature finds there is a significant safety hazard for persons with significant mobility limitation crossing through parking lots and that this hazard is greatly reduced when parking is provided adjacent to a building entrance;
B. that commercial and governmental establishments provide reserved parking for persons with significant mobility limitation, thus ensuring full and equal opportunity for those persons to maintain independence and self-respect; and
C. that ultimately society will benefit from the increased interaction of persons with significant mobility limitation with the mainstream that these parking spaces will provide.
History:
Laws 1983, ch. 45, § 2; 2007, ch. 46, § 49; 2007, ch. 319, § 59.
ANNOTATIONS
2007 amendments.
— Laws 2007, ch. 46, § 49 and Laws 2007, ch. 319, § 59 both enacted amendments to this section. The section was set out as amended by Laws 2007, ch. 319, § 59.
See
12-1-8 NMSA 1978.
Laws 2007, ch. 319, § 59, effective June 15, 2007, changed "mobility-impaired persons" to "persons with significant mobility limitation".
Laws 2007, ch. 46, § 49, effective June 15, 2007, made non-substantive changes and provided:
"66-7-352.2. Legislative intent.
The policy and intent of the legislature is declared to be as follows:
A. that the legislature finds there is a significant safety hazard for persons with a physical disability crossing through parking lots and that this hazard is greatly reduced when parking is provided adjacent to a building entrance;
B. that many commercial and governmental establishments now provide reserved parking for persons with a disability, ensuring full and equal opportunity for persons with a disability to maintain independence and self-respect; and
C. that ultimately society will benefit from the increased interaction of persons with a disability with the mainstream that these parking spaces will provide."
Meaning of "this legislature".
— The term, "this legislature," referred to in the introductory language and in Subsection A, apparently means the 36th legislature, 1st session, which enacted the Disabled Parking Standards and Enforcement Act (66-7-352.1 to 66-7-352.5 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 66-7-352.3 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1990, ch. 120, § 45 repealed 66-7-352.3 NMSA 1978, as enacted by Laws 1983, ch. 45, § 3, relating to definitions, effective July 1, 1990. For provisions of former section,
see
the 1989 NMSA 1978 on
NMOneSource.com.
For present comparable provisions,
see
66-1-4.1 to 66-1-4.20 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 66-7-352.4 - Parking lots; standards.

A. Every parking lot coming under the provisions of the Accessible Parking Standards and Enforcement Act shall have designated and maintained accessible parking spaces for persons with significant mobility limitation as provided in Subsection B of this section. No building permit shall be issued by any local government for the construction or substantial renovation of a commercial building inviting public access unless the parking lot has designated accessible parking spaces for persons with significant mobility limitation as delineated in Subsection B of this section.
B. The minimum numbers of designated accessible parking spaces for persons with significant mobility limitation are as follows:
TOTAL PARKING SPACES IN LOT
REQUIRED MINIMUM NUMBER OF PARKING SPACES FOR PERSONS WITH SIGNIFICANT MOBILITY LIMITATION
1 to 25
1
26 to 35
2
36 to 50
3
51 to 100
4
101 to 300
8
301 to 500
12
501 to 800
16
801 to 1,000
20
more than 1,000
20, plus 1 for each 100 over 1,000.
The designated accessible parking spaces for persons with significant mobility limitation shall be located so as to provide the most convenient access to entranceways or to the nearest curb cut. Every parking lot shall have at least one designated accessible parking space for persons with significant mobility limitation designed to accommodate a motor vehicle passenger van, and there shall be a minimum of one such space for every eight designated accessible parking spaces for persons with significant mobility limitation.
C. A sign or other designation posted after July 1, 2010 at an accessible parking space pursuant to this section shall include the language "Violators are subject to a fine and/or towing.".
History:
Laws 1983, ch. 45, § 4; 1999, ch. 297, § 9; 2007, ch. 319, § 60; 2010, ch. 74, § 4.
ANNOTATIONS
The 2010 amendment,
effective May 19, 2010, in Subsection A, in the first sentence after "shall have designated", added "and maintained"; and added Subsection C.
The 2007 amendment,
effective June 15, 2007, changed the title of the act and changed "disabled parking space" to "parking space for persons with significant mobility limitation".
The 1999 amendment,
effective June 18, 1999, deleted "provided that an office of state or local government shall have a minimum of one such parking space" from the end of the first sentence of Subsection A; in Subsection B, in the table, deleted the former first listing which covered 0 to 14 total spaces in a parking lot, substituted "1 to 25" for "15 to 25" in the first column, and substituted "20, plus 1 for each 100 over 1,000" for "20, plus 3 for each additional 1,000" in the second column, and added the last sentence in 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 66-7-352.6 - Enforcement.

A. State, county and municipal law enforcement personnel may issue citations for violations of Section 66-7-352.5 NMSA 1978 in their respective jurisdictions, whether the violation occurs on public property or private property.
B. Parking enforcement personnel of each of the state educational institutions designated in Article 12, Section 11 of the constitution of New Mexico may issue citations for violations of Section 66-7-352.5 NMSA 1978 within the exterior boundaries of lands under the control of their respective institutions, except portions of those lands that are public highways or streets.
History:
Laws 2001, ch. 124, § 3; 2006, ch. 48, § 2.
ANNOTATIONS
The 2006 amendment,
effective May 17, 2006, added Subsection B to provide that parking enforcement personnel at state educational institutions may issue citations.
The Disabled Parking Standards and Enforcement Act
applies to private parking lots where mobility impaired persons use such private property and is enforceable without the need for additional city ordinances. 1983 Op. Att'y Gen. No. 83-08.
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 66-7-354 - Limitation on backing.

The driver of a vehicle shall not back it:
A. unless the movement can be made with reasonable safety and without interfering with other traffic; or
B. upon any shoulder or roadway of any controlled-access highway, or upon the exit or entry road of any controlled-access highway.
History:
1941 Comp., § 68-2461, enacted by Laws 1953, ch. 139, § 114.5; 1953 Comp., § 64-18-54; Laws 1969, ch. 169, § 8; recompiled as 1953 Comp., § 64-7-354, by Laws 1978, ch. 35, § 458.
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.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 7A Am. Jur. 2d Automobiles and Highway Traffic § 270.
Liability for injury occasioned by backing of motor vehicle in public street or highway, 63 A.L.R.2d 5.
Liability for injury occasioned by backing of motor vehicle from private premises into public street or highway, 63 A.L.R.2d 108.
Liability for injury or damage occasioned by backing of motor vehicle within private premises, 63 A.L.R.2d 184.
Negligence or contributory negligence of driver or occupant of motor vehicle parked or stopped on highway without flares, 67 A.L.R.2d 12.
60A C.J.S. Motor Vehicles § 302.
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 66-7-355 - Riding on motorcycles.

A. A person operating a motorcycle, other than an autocycle, shall ride only upon the permanent and regular seat attached thereto, shall have the person's feet upon the footrests provided on the machine and shall not carry any other person nor shall any other person ride on the motorcycle unless it is designed to carry more than one person. If a motorcycle, other than an autocycle, is designed to carry more than one person, the passenger may ride upon the permanent and regular seat if designed for two persons or upon another seat firmly attached to the rear or side of the motorcycle. The passenger shall have the passenger's feet upon the footrests attached for passenger use.
B. A person operating a motorcycle not having a fixed windshield of a type approved by regulation of the secretary shall wear an eye protective device, which may be a faceshield attached to a safety helmet, goggles or safety eyeglasses. All eye protective devices shall be of a type approved by regulations promulgated by the secretary.
C. A person who violates the provisions of this section is guilty of a penalty assessment misdemeanor.
History:
1953 Comp., § 64-7-355, enacted by Laws 1978, ch. 35, § 459; 1981, ch. 361, § 25; 1991, ch. 160, § 17; 2015, ch. 53, § 4; 2018, ch. 74, § 48.
ANNOTATIONS
Cross references.
— For the definitions of "motorcycles,"
see
66-1-4.11 NMSA 1978.
For required motorcycle equipment,
see
66-3-840 and 66-3-842 NMSA 1978.
For off-highway motorcycles,
see
66-3-1001 to 66-3-1015 NMSA 1978.
The 2018 amendment,
effective July 1, 2018, provided a penalty for a violation of the provisions of this section, and made technical changes; and added Subsection C.
The 2015 amendment,
effective June 19, 2015, exempted autocycles from certain motorcycle operating requirements; in Subsection A, in the first sentence, after "motorcycle", added "other than an autocycle", and after "shall have", deleted "his" and added "the person's"; in the second sentence, after "motorcycle", added "other than an autocycle"; and in the last sentence, after "shall have", deleted "his" and added "the passenger's"; and in Subsection B, after "promulgated by the", deleted "director" and added "secretary".
The 1991 amendment,
effective July 1, 1991, deleted "the operator" preceding "shall not carry" in the first sentence in Subsection A; in Subsection B, substituted "secretary" for "director" in the first sentence and deleted "or windshields" following "protective devices" in the second sentence; and made minor stylistic changes.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 7A Am. Jur. 2d Automobiles and Highway Traffic §§ 209, 210.
"Motor vehicle" within guest statute, 98 A.L.R.2d 543.
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 66-7-357 - Obstruction to driver's view or driving mechanism.

A. No person shall drive a vehicle when it is so loaded or when there are in the front seat such number of persons, exceeding three, as to obstruct the view of the driver to the front or sides of the vehicle or as to interfere with the driver's control over the driving mechanism of the vehicle.
B. No passenger in a vehicle shall ride in such position as to interfere with the driver's view ahead or to the sides, or to interfere with his control over the driving mechanism of the vehicle.
History:
1953 Comp., § 64-7-357, enacted by Laws 1978, ch. 35, § 461.
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.
— 60A C.J.S. Motor Vehicles § 342.
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 66-7-358 - Restriction on use of video screens in motor vehicles.

A. It is unlawful to operate in this state any motor vehicle equipped with a video screen upon which images may be projected or shown if the screen is within the normal view of the driver of the motor vehicle unless the video screen is used solely as an aid to the driver in the operation of the vehicle.
B. A person who violates the provisions of this section is guilty of a penalty assessment misdemeanor.
C. As used in this section, "video screen" does not include closed circuit monitors or computer terminal monitors used by law enforcement agencies in law enforcement motor vehicles.
History:
1953 Comp., § 64-7-358, enacted by Laws 1978, ch. 35, § 462; 1989, ch. 318, § 31; 1989, ch. 321, § 1; 2018, ch. 74, § 49.
ANNOTATIONS
Repeals.
— Laws 2018, ch. 74, § 56 repealed Laws 1989, ch. 318, §31, effective July 1, 2018.
The 2018 amendment,
effective July 1, 2018, provided a penalty for a violation of the provisions of this section, and made technical changes; replaced "television" with "video" throughout the section; added new subsection designation "A."; added a new Subsection B; and added subsection designation "C.".
1989 Amendments.
— Laws 1989, ch. 321, § 1, effective June 16, 1989, deleted "of whatever type" following "television screen" and added "unless the television is used solely as an aid to the driver in the operation of the vehicle" in the first sentence; added the second sentence; and made minor stylistic changes.
Laws 1989, ch. 318, § 31, effective July 1, 1989, made minor stylistic changes and added "unless the television is solely used as an aid to the driver in the operation of the vehicle" at the end of the first sentence.
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 66-7-359 - Driving on mountain highways.

A. The driver of a motor vehicle traveling through defiles or canyons or on mountain highways shall hold the motor vehicle under control and as near the right-hand edge of the highway as reasonably possible.
B. A person who violates the provisions of this section is guilty of a penalty assessment misdemeanor.
History:
1953 Comp., § 64-7-359, enacted by Laws 1978, ch. 35, § 463; 1989, ch. 318, § 32; 2018, ch. 74, § 50.
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.
The 1989 amendment,
effective July 1, 1989, made a minor stylistic change and deleted "and, upon approaching any curve where the view is obstructed within a distance of two hundred feet along the highway, shall give audible warning with the horn of such motor vehicle" at the end of the section.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— Passing on hill in violation of statute, 60 A.L.R.2d 211.
Duty and liability with respect to giving audible signal where driver's view ahead obstructed at curve or hill, 16 A.L.R.3d 897.
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 66-7-360 - Coasting prohibited.

A. The driver of any motor vehicle, when traveling upon a downgrade, shall not coast with the clutch disengaged.
B. A person who violates the provisions of this section is guilty of a penalty assessment misdemeanor.
History:
1941 Comp., § 68-2466, enacted by Laws 1953, ch. 139, § 117; 1953 Comp., § 64-18-59; recompiled as 1953 Comp., § 64-7-360, by Laws 1978, ch. 35, § 464; 2018, ch. 74, § 51.
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 66-7-361 - Following fire apparatus and driving through safety zone prohibited.

A. The driver of any vehicle other than one on official business shall not follow any fire apparatus traveling in response to a fire alarm closer than five hundred feet, or drive into or park such vehicle within the block where fire apparatus has stopped in answer to a fire alarm.
B. No vehicle shall at any time be driven through or within a safety zone.
History:
1953 Comp., § 64-7-361, enacted by Laws 1978, ch. 35, § 465.
ANNOTATIONS
Cross references.
— For the definition of "safety zone",
see
66-1-4.16 NMSA 1978.
For authorized emergency vehicles,
see
66-7-6 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 66-7-362 - Crossing fire hose.

No vehicle shall be driven over any unprotected hose of a fire department when laid down on any street or private driveway, to be used at any fire or alarm of fire, without the consent of the fire department official in command.
History:
1941 Comp., § 68-2468, enacted by Laws 1953, ch. 139, § 119; 1953 Comp., § 64-18-61; recompiled as 1953 Comp., § 64-7-362, by Laws 1978, ch. 35, § 466.
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 66-7-364 - Putting injurious material or trash on highway prohibited.

A. No person shall throw or deposit upon a highway any trash, glass bottles, glass, nails, tacks, wire or cans.
B. A person who drops or permits to be dropped or thrown upon any highway any destructive or injurious material or trash shall immediately remove the same or cause it to be removed.
C. A person removing a wrecked or damaged vehicle from a highway shall remove any glass or other injurious substance dropped upon the highway from the vehicle.
D. As used in this section, "trash" means any article or substance that when discarded creates or contributes to an unsanitary, offensive or unsightly condition. "Trash" includes waste food; paper products; cans, bottles and other containers; household furnishings and equipment; parts or bodies of vehicles and other metallic junk or scrap; and collections of ashes, dirt, yard trimmings and other rubbish.
History:
1953 Comp., § 64-7-364, enacted by Laws 1978, ch. 35, § 468; 2000, ch. 22, § 1.
ANNOTATIONS
The 2000 amendment,
effective July 1, 2000, in the section heading, substituted "injurious" for "glass or other" and inserted "or trash"; in Subsection A, substituted "deposit upon a highway any trash, glass bottles" for "deposit upon any highway any glass bottle" and deleted "or any other substance likely to injure any person, animal or vehicle upon such highway" from the end of the sentence; in Subsection B, substituted "A" for "Any" and inserted "or trash"; and added Subsection D.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 60A C.J.S. Motor Vehicles §§ 348, 349.
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 66-7-365 - Recompiled.

ANNOTATIONS
Recompilations.
— Laws 1993, ch. 226, § 53C recompiled 66-7-365 NMSA 1978, as enacted by Laws 1978, ch. 35, § 469, relating to regulating school buses, as 22-16-11 NMSA 1978, effective July 1, 1993.
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 66-7-366 - Occupied moving house trailer.

It is a misdemeanor for any person to:
A. occupy a house trailer while it is being towed upon a highway; or
B. tow a house trailer on any highway when the house trailer is occupied by any person.
History:
1953 Comp., § 64-18-65, enacted by Laws 1969, ch. 169, § 9; recompiled as 1953 Comp., § 64-7-366, by Laws 1978, ch. 35, § 470.
ANNOTATIONS
Repeals and reenactments.
— Laws 1967, ch. 232, § 8, repealed 64-18-65, 1953 Comp., relating to duty of driver of vehicle to stop for blind person crossing highway or street, and Laws 1969, ch. 169, § 9, enacted the above section.
Cross references.
— For definition of "house trailer",
see
66-1-4.8 NMSA 1978.
For the penalty for a misdemeanor,
see
66-8-7 NMSA 1978.
For the penalty assessment for violation,
see
66-8-116 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 66-7-367 - Improper opening of doors.

It is a misdemeanor for any person to:
A. open the door of a vehicle on the side near moving traffic unless:
(1) it is reasonably safe to do so; and
(2) the door can be opened without interfering with the movement of traffic; or
B. leave a door of a vehicle open on the side of the vehicle near moving traffic for a period of time longer than necessary to load or unload passengers.
History:
1953 Comp., § 64-18-66, enacted by Laws 1969, ch. 169, § 10; recompiled as 1953 Comp., § 64-7-367, by Laws 1978, ch. 35, § 471.
ANNOTATIONS
Cross references.
— For the penalty for a misdemeanor,
see
66-8-7 NMSA 1978.
For the penalty assessment for violation,
see
66-8-116 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 66-7-368 - Purpose [of child restraint device provisions].

The purpose of this act [66-7-368, 66-7-369 NMSA 1978] is to minimize the likelihood of injury or death to young children riding in certain vehicles.
History:
Laws 1983, ch. 252, § 1.
ANNOTATIONS
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 66-7-370 - Short title.

This act [66-7-370 to 66-7-373 NMSA 1978] may be cited as the "Safety Belt Use Act".
History:
Laws 1985, ch. 131, § 1.
ANNOTATIONS
Law reviews.
— For article, "The Seat Belt Defense Reconsidered: A Return to Accountability in Tort Law?," see 16 N.M.L. Rev. 221 (1986).
Am. Jur. 2d, A.L.R. and C.J.S. references.
— Liability under state law for injuries resulting from defective automobile seatbelt, shoulder harness, or restraint system, 48 A.L.R.5th 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 66-7-371 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1989, ch. 317, § 4 repealed 66-7-371 NMSA 1978, as enacted by Laws 1985, ch. 131, § 2, defining passenger car, effective June 16, 1989.
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 66-7-372 - Safety belt use required; exception.

A. Except as provided by Section 66-7-369 NMSA 1978 and in Subsection B of this section, each occupant of a motor vehicle having a gross vehicle weight of ten thousand pounds or less manufactured with safety belts in compliance with federal motor vehicle safety standard number 208 shall have a safety belt properly fastened about his body at all times when the vehicle is in motion on any street or highway.
B. This section shall not apply to an occupant of a motor vehicle having a gross vehicle weight of ten thousand pounds or less who possesses a written statement from a licensed physician that he is unable for medical reasons to wear a safety belt or to a rural letter carrier of the United States postal service while performing the duties of a rural letter carrier.
History:
Laws 1985, ch. 131, § 3; 1989, ch. 317, § 1; 2001, ch. 191, § 1.
ANNOTATIONS
Cross references
. — For federal motor vehicle safety standard number 208,
see
49 C.F.R. § 571.208.
The 2001 amendment,
effective June 15, 2001, in Subsection A, deleted "front seat" preceding "occupant" and deleted "unless all seating positions equipped with safety belts are occupied" from the end of the subsection.
The 1989 amendment,
effective June 16, 1989, substituted "motor vehicle having a gross vehicle weight of ten thousand pounds or less" for "passenger car" near the beginning of Subsections A and B, inserted "on any street or highway" near the end of Subsection A, and made a minor stylistic change in Subsection B.
Reasonable grounds for stopping vehicle.
— Police officer who stopped defendant's vehicle because the shoulder harnesses for the driver and front seat passenger were dangling from the ceiling had reasonable grounds to stop the vehicle for violation of this section.
State v. Apodaca
, 1991-NMCA-048, 112 N.M. 302, 814 P.2d 1030, cert. denied, 112 N.M. 220, 813 P.2d 1018.
Police officers who stop vehicles for alleged violations of this section should not be required to know the design of the safety-belt system in every motor vehicle.
State v. Apodaca
, 1991-NMCA-048, 112 N.M. 302, 814 P.2d 1030, cert. denied, 112 N.M. 220, 813 P.2d 1018.
New Mexico law does not permit custodial arrest for violation of its seat belt regulation.
United States v. Guzman
, 864 F.2d 1512 (10th Cir. 1988).
Law reviews.
— For note, "Tort Litigation The New Case for the 'Seat Belt Defense' Norwest Bank New Mexico, N.A. v. Chrysler Corporation," see 30 N.M. L. Rev. 403 (2000).
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 66-7-374 - Texting while driving.

A. A person shall not read or view a text message or manually type on a handheld mobile communication device for any purpose while driving a motor vehicle, except to summon medical or other emergency help or unless that device is an amateur radio and the driver holds a valid amateur radio operator license issued by the federal communications commission.
B. The provisions of this section shall not be construed as authorizing the seizure or forfeiture of a handheld mobile communication device. Unless otherwise provided by law, the handheld mobile communication device used in the violation of the provisions of this section is not subject to search by a law enforcement officer during a traffic stop made pursuant to the provisions of this section.
C. As used in this section:
(1) "driving" means being in actual physical control of a motor vehicle on a highway or street and includes being temporarily stopped because of traffic, a traffic light or stop sign or otherwise, but "driving" excludes operating a motor vehicle when the vehicle has pulled over to the side of or off of an active roadway and has stopped at a location in which it can safely remain stationary;
(2) "handheld mobile communication device" means a wireless communication device that is designed to receive and transmit text or image messages, but "handheld mobile communication device" excludes global positioning or navigation systems, devices that are physically or electronically integrated into a motor vehicle and voice-operated or hands-free devices that allow the user to compose, send or read a text message without the use of a hand except to activate, deactivate or initiate a feature or function; and
(3) "text message" means a digital communication transmitted or intended to be transmitted between communication devices and includes electronic mail, an instant message, a text or image communication and a command or request to an internet site; but "text message" excludes communications through the use of a computer-aided dispatch service by law enforcement or rescue personnel.
History:
Laws 2014, ch. 5, § 1.
ANNOTATIONS
Effective dates.
— Laws 2014, ch. 5, § 3 made Laws 2014, ch. 5, § 1 effective July 1, 2014.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 7 - Traffic Laws; Signs, Signals and Markings; Accidents; Weight and Size; Traffic Safety › Part 5 - WEIGHT AND SIZE LIMITATIONS › Section 66-7-402 - Width of vehicles.

The total outside width of any vehicle or its load, excepting mirrors, shall not exceed eight feet six inches. Safety devices up to three inches on either side of the vehicle and recreational vehicle appurtenances, including retracting awnings, up to six inches on either side of the vehicle are also excepted.
History:
1953 Comp., § 64-7-402, enacted by Laws 1978, ch. 35, § 473; 1981, ch. 53, § 1; 1983, ch. 30, § 1; 1991, ch. 160, § 18; 2001, ch. 127, § 4.
ANNOTATIONS
Cross references.
— For excessive width of vehicles being an unlawful use of the highways,
see
66-7-401 NMSA 1978.
For permits for excessive size,
see
66-7-413 NMSA 1978.
The 2001 amendment,
effective June 15, 2001, inserted "and recreational vehicle appurtenances, including retracting awnings, up to six inches on either side of the vehicle".
The 1991 amendment,
effective July 1, 1991, deleted former Subsection B which read "Any bus operated as part of a municipal transit system and operated solely in the county in which the municipality is situate may have a width not to exceed eight feet ten inches" and made a related stylistic change.
Section 64-23-13, 1953 Comp. (similar to this section)
did not relate to a towed load. 1972 Op. Att'y Gen. No. 72-21.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 7A Am. Jur. 2d Automobiles and Highway Traffic §§ 198, 791, 792.
Violation of regulations governing size or weight of motor vehicles, or combinations of vehicles and loads, on the highway as basis of liability for personal injury, death, or damage to private property, 21 A.L.R.3d 989.
60 C.J.S. Motor Vehicles §§ 32, 43.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 7 - Traffic Laws; Signs, Signals and Markings; Accidents; Weight and Size; Traffic Safety › Part 5 - WEIGHT AND SIZE LIMITATIONS › Section 66-7-403 - Projecting loads on passenger vehicles.

No passenger-type vehicle, except a motorcycle or recreational vehicle shall be operated on any highway with any load carried thereon extending beyond the line of the fenders on the left side of the vehicle nor extending more than six inches beyond the line of the fenders on the right side of the vehicle.
History:
1953 Comp., § 64-23-14, enacted by Laws 1955, ch. 37, § 3; 1971, ch. 279, § 8; recompiled as 1953 Comp., § 64-7-403, by Laws 1978, ch. 37, § 474; 2001, ch. 127, § 5.
ANNOTATIONS
Cross references.
— For the definition of "motorcycle",
see
66-1-4.11 NMSA 1978.
The 2001 amendment,
effective June 15, 2001, inserted "or recreational vehicle" following "except a motorcycle".
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 7A Am. Jur. 2d Automobiles and Highway Traffic § 793.
Liability for injury or damage caused by collision with portion of load projecting beyond rear or side of motor vehicle or trailer, 21 A.L.R.3d 371.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 7 - Traffic Laws; Signs, Signals and Markings; Accidents; Weight and Size; Traffic Safety › Part 5 - WEIGHT AND SIZE LIMITATIONS › Section 66-7-405 - Minimum vehicle size.

A. It is unlawful to operate on the highways of this state any motor vehicle:
(1) with a wheelbase, between two axles, of less than three feet four inches;
(2) with a motor displacement of less than forty-five cubic centimeters; or
(3) any motorcycle with less than a twenty-five inch seat height measured from the ground to the lowest point on the top of the seat cushion, without a rider.
B. For the purpose of this section, wheelbase shall be measured upon a straight line from center to center of the vehicle axles.
History:
1953 Comp., § 64-23-15.1, enacted by Laws 1973, ch. 20, § 1; recompiled as 1953 Comp., § 64-7-405, by Laws 1978, ch. 35, § 476.
ANNOTATIONS
Repeals and reenactments.
— Laws 1973, ch. 20, § 1, repealed 64-23-15.1, 1953 Comp., relating to minimum motor vehicle wheelbase, and enacted the above section.
Cross references.
— For the definition of "motorcycle",
see
66-1-4.11 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 5 - WEIGHT AND SIZE LIMITATIONS › Section 66-7-406 - Special load limits.

A. Subject to the provisions of Sections 66-7-401 through 66-7-416 NMSA 1978 limiting the length of vehicles and loads, the load upon any vehicle operated alone or the load upon the front vehicle of a combination of vehicles shall not extend more than three feet beyond the foremost part of the vehicle, and the load upon any vehicle operated alone or the load upon the rear vehicle of a combination of vehicles shall not extend more than seven feet beyond the rear of the bed or body of the vehicle. For the purposes of this section, the foremost part of a front-end loading solid waste collection vehicle shall include the front-end loading equipment attached to the vehicle.
B. If a vehicle combination consists of a tractor, semitrailer and a trailer, the rear overhang is limited to a maximum of two feet on the trailer and semitrailer and no front overhang.
History:
1953 Comp., § 64-7-406, enacted by Laws 1978, ch. 35, § 477; 1989, ch. 319, § 9; 1997, ch. 94, § 1.
ANNOTATIONS
Cross references.
— For the definition of "combination",
see
66-1-4.3 NMSA 1978.
The 1997 amendment,
effective June 20, 1997, added the second sentence in Subsection A.
The 1989 amendment,
effective July 1, 1989, designated the former provisions as Subsection A, therein substituting "Sections 66-7-401 through 66-7-416 NMSA 1978" for "Sections 64-7-401 through 64-7-416 NMSA 1953"; added Subsection B; and made minor stylistic changes.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 7A Am. Jur. 2d Automobiles and Highway Traffic §§ 171, 196, 793.
Liability for injury or damage caused by collision with portion of load projecting beyond rear or side of motor vehicle or trailer, 21 A.L.R.3d 371.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 7 - Traffic Laws; Signs, Signals and Markings; Accidents; Weight and Size; Traffic Safety › Part 5 - WEIGHT AND SIZE LIMITATIONS › Section 66-7-407 - Loads on vehicles.

A. No vehicle shall be driven or moved on any highway unless the vehicle is so constructed, loaded, secured or covered as to prevent any of its load from dropping, sifting, leaking or otherwise escaping, except that sand may be dropped for the purpose of securing traction or water or other substance may be sprinkled on a roadway in cleaning or maintaining the roadway.
B. No person shall operate on any highway any vehicle or combination of vehicles with any load unless the load and any covering thereon are securely fastened so as to prevent the covering or load from becoming loose, detached or in any manner a hazard to other users of the highway.
History:
1953 Comp., § 64-7-407, enacted by Laws 1978, ch. 35, § 478; 1989, ch. 319, § 10.
ANNOTATIONS
Cross references.
— For the penalty assessment for violation,
see
66-8-116 NMSA 1978.
The 1989 amendment,
effective July 1, 1989, inserted "secured or covered" in Subsection A and made minor stylistic changes throughout the section.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 7A Am. Jur. 2d Automobiles and Highway Traffic §§ 171, 196.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 7 - Traffic Laws; Signs, Signals and Markings; Accidents; Weight and Size; Traffic Safety › Part 5 - WEIGHT AND SIZE LIMITATIONS › Section 66-7-408 - Trailers and towed vehicles.

A. When one vehicle is towing another the drawbar or other connection shall be of sufficient strength to pull all weight towed thereby. When a combination of vehicles are engaged in transporting poles, pipe, machinery or other objects of structural nature which cannot readily be dismembered, the load shall be distributed so as to equalize the weights on the axle of each vehicle insofar as possible.
B. When one vehicle is towing another and the connection consists of a chain, rope or cable, there shall be displayed upon such connection a white flag or cloth not less than twelve inches square.
History:
1953 Comp., § 64-7-408, enacted by Laws 1978, ch. 35, § 479.
ANNOTATIONS
Cross references.
— For general definitions applicable to this section,
see
66-1-4 to 66-1-4.20 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 7A Am. Jur. 2d Automobiles and Highway Traffic §§ 794 to 796.
Liability for injury incident to towing automobile, 30 A.L.R. 750, 30 A.L.R.2d 1019.
Liability for collision due to swaying or swinging of motor vehicle or trailer, 1 A.L.R.2d 167.
60 C.J.S. Motor Vehicles § 31; 60A C.J.S. Motor Vehicles §§ 339, 341.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 7 - Traffic Laws; Signs, Signals and Markings; Accidents; Weight and Size; Traffic Safety › Part 5 - WEIGHT AND SIZE LIMITATIONS › Section 66-7-412 - Special farm permits.

The department of transportation shall have the authority to issue special permits at all ports of entry where registration stations or places where inspection and registration services are maintained by the department of transportation to all implements of husbandry using the highways, including farm tractors, and to the instrumentalities or vehicles that may be carrying the implements of husbandry, including farm tractors, when the securing of these permits is required by law.
History:
1953 Comp., § 64-23-21.1, enacted by Laws 1959, ch. 247, § 1; 1967, ch. 97, § 25; 1977, ch. 250, § 68; recompiled as 1953 Comp., § 64-7-412, by Laws 1978, ch. 35, § 483; 2003, ch. 141, § 3; 2015, ch. 3, § 37; 2021, ch. 59, § 12.
ANNOTATIONS
Cross references.
— For definitions of "farm tractor" and "implement of husbandry",
see
66-1-4.6 NMSA 1978 and 66-1-4.9 NMSA 1978, respectively.
The 2021 amendment,
effective June 18, 2021, made conforming changes due to the transfer of certain authority from the department of public safety to the department of transportation; and after "The", deleted "New Mexico state police division of the department of public safety" and added "department of transportation", and after "maintained by the", deleted "New Mexico state police division" and added "department of transportation".
The 2015 amendment,
effective July 1, 2015, provided the New Mexico state police division of the department of public safety with the authority to issue special farm permits; after "The", deleted "motor transportation" and added "New Mexico state police", and after "maintained by the", deleted "motor transportation" and added "New Mexico state police".
The 2003 amendment,
effective June 30, 2003, inserted "of the department of public safety" following "division", inserted "motor transportation" following "maintained by the"; and substituted "implements" for "instrumentalities".
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 7 - Traffic Laws; Signs, Signals and Markings; Accidents; Weight and Size; Traffic Safety › Part 5 - WEIGHT AND SIZE LIMITATIONS › Section 66-7-413.1 - Hay transportation; excessive size; special permit allowance.

A vehicle used to transport loads of hay greater than one hundred two inches wide may be issued a special permit to transport loads pursuant to Section 66-7-413 NMSA 1978; provided that the vehicle is marked on the front and the rear with "OVERSIZED LOAD" signs. The area covered by the special permit shall be specified on the permit.
History:
1978 Comp., § 66-7-413.1, enacted by Laws 1985, ch. 4, § 1; 1993, ch. 328, § 6; 1995, ch. 28, § 1; 1995, ch. 135, § 23; 2012, ch. 2, § 1.
ANNOTATIONS
The 2012 amendment,
effective February 14, 2012, rewrote the section to permit the issuance of special permits for vehicles used to transport loads of hay that are more than one hundred two inches wide.
The 1995 amendment,
effective June 16, 1995, inserted "on highways that are not national network highways" following "twelve feet in width", and made a minor stylistic change.
The 1993 amendment,
effective July 1, 1993, deleted "six inches" after "twelve feet".
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 7 - Traffic Laws; Signs, Signals and Markings; Accidents; Weight and Size; Traffic Safety › Part 5 - WEIGHT AND SIZE LIMITATIONS › Section 66-7-413.3 - Repealed.

ANNOTATIONS
Repeals.
— Laws 2001, ch. 20. § 3 repealed 66-7-413.3 NMSA 1978, as enacted by Laws 1991, ch. 227, § 1, relating to single trip or yearly permits for vehicles of excessive weight, effective March 13, 2001. For provisions of the former section,
see
the 2000 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 7 - Traffic Laws; Signs, Signals and Markings; Accidents; Weight and Size; Traffic Safety › Part 5 - WEIGHT AND SIZE LIMITATIONS › Section 66-7-413.5 - Exemption; vehicles used to transport seed cotton modules; limitations.

A. A seed cotton module transport vehicle may transport loads without securing a permit or escort if:
(1) the vehicle is:
(a) no wider than nine feet;
(b) no longer than forty-eight feet; and
(c) no higher than fourteen feet six inches;
(2) the load is not transported for a distance greater than one hundred miles;
(3) the gross vehicle weight of the vehicle is less than fifty-nine thousand four hundred pounds;
(4) the vehicle is marked on the front and the rear with "OVERSIZED LOAD" signs; and
(5) the vehicle is not operated on highways for which a more strict size or weight limitation is required by federal law.
B. If the owner of a seed cotton module transport vehicle transports a load of more than fifty-nine thousand four hundred pounds, the owner is liable to the state, county or municipality for damage to a highway, street, road or bridge caused by the weight of the load and transport.
C. If the seed cotton module transport vehicle is not operated on routes identified by the department of transportation as having deficient bridge structures, the owner or operator shall obtain and have in possession the deficient bridge information from the department on an annual basis.
D. As used in this section, "seed cotton module transport vehicle" means a motor vehicle, trailer or combination of motor vehicle with trailer used exclusively to transport a seed cotton module.
History:
Laws 2003, ch. 333, § 1; 2021, ch. 59, § 16.
ANNOTATIONS
The 2021 amendment,
effective June 18, 2021, made conforming changes due to the transfer of certain authority to the department of transportation; and in Subsection C, after "identified by the", deleted "state highway and" and added "department of", and after "transportation", deleted "department".