No person shall drive a vehicle at a speed greater than is reasonable
and prudent under the conditions and having regard to the actual and
potential hazards then existing. Consistent with the foregoing, every
person shall drive at a safe and appropriate speed when approaching
and crossing an intersection or railroad grade crossing, when approaching
and going around a curve, when approaching a hill crest, when traveling
upon any narrow or winding street and when special hazards exist with
respect to pedestrians or other traffic or by reason of weather or
highway conditions. (*)
A.
No person shall drive a vehicle on a street or detour at a speed
greater than:
(1)
Fifteen miles per hour on all streets when passing a school
while children are going to or leaving school, and when the school
zone is properly posted;
(2)
Thirty miles per hour in any business or residence district
(66-7-301 NMSA 1978);
(3)
The lawfully posted speed limit when signs are erected giving
notice of the speed limit; or (*)
(4)
The posted speed limit in construction zones posted as double
fine zones or other safety zones posted as double fine zones as designated
by the municipality or Highway and Transportation Department, provided
that the posted speed limit be determined by an engineering study
performed by the State Highway and Transportation Department.
B.
In every event, speed shall be so controlled as may be necessary:
(1)
To avoid colliding with any person, vehicle or other conveyance
on or entering the street;
(2)
To comply with legal requirements as may be established by the
municipality, the State Highway Department or the New Mexico State
Police, and the duty of all persons to use due care; and
(3)
To protect workers in construction zones posted as double fine
zones or other safety zones posted as double fine zones as designated
by the municipality or Highway and Transportation Department. (66-7-301
NMSA 1978)
A.
Whenever the Administrator determines, upon the basis of an engineering
survey and traffic investigation, that any speed limit permitted under
state law or local ordinance is greater or less than is reasonable
or safe under the conditions found to exist upon any part of a street
within his jurisdiction, he may declare a speed limit for that part
which is effective at times determined, when appropriate signs giving
notice thereof are erected at the particular part of the street.
B.
Alteration of speed limits on state highways by the Administrator
are not effective until approved by the State Highway Commission.
(66-7-303 NMSA 1978)
C.
The Administrator shall adhere to and abide by all applicable state
statutes in making his determination of speed limits in the municipality.
D.
Whenever the Administrator declares a speed limit, he shall submit
a schedule of the speed limit to the Police Department, the Municipal
Judge, the Municipal Clerk and the Municipal Attorney. (*)
E.
Speed zones may be marked by a sign containing a flashing yellow
light and, when the light is in operation, the speed limit, instructions
or regulations on the sign are in effect.
G.
When construction, repair or reconstruction of any street or highway
is being done, the Administrator or other governmental authority with
jurisdiction over that street or highway is authorized to designate
as a construction zone that portion of the street or highway where
construction, reconstruction or repair is being done and to close
the construction zone to traffic or to provide for a single lane of
traffic on any two-lane or four-lane highway in the construction zone.
(66-7-303.1 NMSA 1978)
H.
The Administrator or other governmental authority closing all or a portion of a street or highway or providing for a single lane of traffic on any two-lane or four-lane street or highway pursuant to Subsection G of this section shall erect or cause to be erected traffic-control devices or barricades to warn and notify the public of any change in speed limit and that such street or highway is closed or limited to a single lane of traffic. (66-7-303.1 NMSA 1978)
I.
Every pedestrian or person who operates a vehicle on any street or
highway shall obey all signs, signals, markings, flagmen or other
traffic-control devices which are placed to regulate, control and
guide traffic through a construction zone.
J.
No person shall remove, change, modify, deface or alter any traffic-control
device or barricade which has been erected on any street or highway
pursuant to this section.
The Administrator is authorized to regulate the timing of traffic
signals so as to permit the movement of traffic in an orderly and
safe manner at speeds slightly at variance from the speeds otherwise
applicable within the district or at intersections and shall erect
appropriate signs giving notice thereof. (*)
A.
No person shall drive a motor vehicle at such slow speed as to impede
the normal and reasonable movement of traffic except when reduced
speed is necessary for safe operation or in compliance with this chapter.
B.
Whenever the Administrator determines on the basis of an engineering
and traffic investigation that slow speeds on any part of a street
consistently impede the normal and reasonable movement of traffic,
the Administrator may determine and declare a minimum speed limit
below which no person shall drive a vehicle except when necessary
for safe operation or in compliance with this chapter. (66-7-305 NMSA
1978)
C.
Police officers may enforce this section by directions to drivers.
In the event of apparent willful disobedience to this section and
refusal to comply with directions of an officer in accordance herewith,
the continued slow operation by a driver is a violation of this section.
(*)
A.
In every charge of violation of any speed regulation under this chapter,
the complaint and the uniform traffic citation shall specify the speed
at which the defendant is alleged to have driven and the maximum speed
applicable within the district or at the location.
B.
Provisions of this chapter for maximum speed limitations shall not
be construed to relieve the plaintiff in any civil action from the
burden of proving negligence on the part of the defendant as the proximate
cause of an accident. (66-7-307 NMSA 1978)
A.
Subject to the requirements of § 12-10-1.15E of this chapter, no person shall drive any vehicle equipped with solid rubber or cushion tires at a speed greater than a maximum of 10 miles per hour. (66-7-306 NMSA 1978)
B.
No person shall drive a vehicle over any bridge or other elevated
structure constituting a part of a street at a speed which is greater
than the maximum speed which can be maintained with safety to such
bridge or structure, when such structure is signposted as provided
in NMSA 1978, § 66-7-306B.
[Added 12-9-2020 by Ord.
No. 20-16]
A.
This section may be cited as the "City of Las Vegas Penalty Assessment
Program for Speeding Violations."
B.
Any person who, while operating a vehicle within the City limits
of the City of Las Vegas and while outside of a school zone, exceeds
the posted speed limit up to and including 10 miles per hour over
the posted speed limit shall incur a mandatory penalty assessment
of $35. If such act should occur within a school zone, construction
zone or pedestrian zone, the mandatory penalty assessment shall be
$70.
C.
Any person who, while operating a vehicle within the City limits
of the City of Las Vegas and while outside of a school zone, exceeds
the posted speed limit from 11 up to and including 15 miles per hour
over the posted speed limit shall incur a mandatory penalty assessment
of $45. If such act should occur within a school zone, construction
zone or pedestrian zone, the mandatory penalty assessment shall be
$90.
D.
Any person who, while operating a vehicle within the City limits
of the City of Las Vegas and while outside of a school zone, exceeds
the posted speed limit from 16 up to and including 20 miles per hour
over the posted speed limit shall incur a mandatory penalty assessment
of $80. If such act should occur within a school zone, construction
zone or pedestrian zone, the mandatory penalty assessment shall be
$160.
E.
Any person who, while operating a vehicle within the City limits
of the City of Las Vegas and while outside of a school zone, exceeds
the posted speed limit from 21 up to and including 25 miles per hour
over the posted speed limit shall incur a mandatory penalty assessment
of $120. If such act should occur within a school zone, construction
zone or pedestrian zone, the mandatory penalty assessment shall be
$240.
F.
Any person who, while operating a vehicle within the City limits
of the City of Las Vegas and while outside of a school zone, exceeds
the posted speed limit from 26 up to and including 30 miles per hour
over the posted speed limit shall incur a mandatory penalty assessment
of $150. If such act should occur within a school zone, construction
zone or pedestrian zone, the mandatory penalty assessment shall be
$300.
G.
Any person who, while operating a vehicle within the City limits
of the City of Las Vegas and while outside of a school zone, exceeds
the posted speed limit more than 30 miles per hour over the posted
speed limit shall incur a mandatory penalty assessment of $225. If
such act should occur within a school zone, construction zone or pedestrian
zone, the mandatory penalty assessment shall be $450.
A.
Upon all streets of sufficient width, a vehicle shall be driven upon
the right half of the street and, where practicable, entirely to the
right of the center thereof, except as follows:
(1)
When overtaking and passing another vehicle proceeding in the
same direction under the rules governing such movement (66-7-308 NMSA
1978);
(2)
When an obstruction exists making it necessary to drive to the
left of the center of the street, provided that any person driving
to the left shall yield the right-of-way to all vehicles traveling
in the proper direction on the unobstructed portion of the street
(*);
(3)
When the right half of the street is closed to traffic while
under construction or repair (66-7-308 NMSA 1978);
(4)
Upon a street divided into three marked lanes for traffic under
the rules applicable thereon; or
(5)
Upon a street designated and signposted for one-way traffic.
B.
Upon all streets any vehicle proceeding at less than the normal speed
of traffic at the time and place and under the conditions then existing
shall be driven in the right-hand lane then available for traffic,
or as close as practicable to the right-hand curb or edge of the street
except when overtaking and passing another car proceeding in the same
direction or when preparing for a left turn at an intersection or
into a private road or driveway. (66-7-308 NMSA 1978)
C.
Upon any street having four or more lanes for moving traffic and providing for two-way movement of traffic, no vehicle shall be driven to the left of the center line of the street, except when authorized by official traffic-control devices designating certain lanes to the left side of the center of the street for use by traffic not otherwise permitted to use such lanes, or except as permitted under § 12-6-2.1A(2). However, this section shall not be construed as prohibiting the crossing of the center line in making a left turn into or from an alley, private road or driveway. (*)
Drivers of vehicles proceeding in opposite directions shall
pass each other to the right, and upon streets having width for not
more than one line of traffic in each direction each driver shall
give to the other at least 1/2 of the main-traveled portion of the
street as nearly as possible. (66-7-309 NMSA 1978).
The following rules shall govern the overtaking and passing
of vehicles proceeding in the same direction, subject to those limitations,
exceptions and special rules hereinafter stated:
(1)
The driver of a vehicle overtaking another vehicle proceeding
in the same direction shall pass to the left thereof at a safe distance
and shall not again drive to the right side of the street until safely
clear of the overtaken vehicle; and
(2)
Except when overtaking and passing on the right is permitted,
the driver of an overtaken vehicle shall give way to the right in
favor of the overtaking vehicle on audible signal and shall not increase
the speed of his vehicle until completely passed by the overtaking
vehicle. (66-7-310 NMSA 1978)
No vehicle shall be driven to the left side of the center of
the street 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 street before coming within 100
feet of any vehicle approaching from the opposite direction. (66-7-312
NMSA 1978)
A.
No vehicle shall at any time be driven to the left side of the street
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 100 feet of or traversing any intersection
or railroad grade crossing; or
(3)
When the view is obstructed upon approaching within 100 feet
of any bridge, viaduct, or tunnel. (66-7-313 NMSA 1978)
B.
The foregoing limitations shall not apply:
(1)
Upon a one-way street;
(2)
Under the conditions described in § 12-6-2.1A(2); nor
(3)
To the driver of a vehicle turning left into or from an alley,
private road or driveway. (*)
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 street 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 street. (66-7-311 NMSA 1978)
A.
The Administrator may determine those portions of any street or highway
under his jurisdiction where overtaking and passing or driving on
the left of the street would be especially hazardous and may, by appropriate
signs or markings on the street, indicate the beginning and end of
such zones. When the signs or markings are in place and clearly visible
to an ordinarily observant person, every driver of a vehicle shall
obey the direction thereof.
B.
Where signs or markings are in place to define a no-passing zone as set forth in Subsection A of this section, no driver shall at any time drive on the left side of the street within the no-passing zone or on the left side of any pavement striping designed to mark the no-passing zone throughout its length. This section does not apply under the conditions described in § 12-6-2.1A(3) or to the driver of a vehicle turning left into or from an alley, private road or driveway. (66-7-315 NMSA 1978)
C.
When double yellow lines are painted on a pavement, no driver shall
drive any vehicle across the lines except the driver of a vehicle
turning left into or from an alley, private road or driveway.
D.
No driver shall overtake and pass any other vehicle proceeding in
the same direction in a school zone when the school zone signs are
in place.
E.
Whenever a vehicle is stopped at a marked crosswalk or an unmarked
crosswalk at an intersection to permit a pedestrian to cross the street,
the driver of the vehicle approaching from the rear shall not overtake
and pass the stopped vehicle. (*)
A.
The Administrator may designate and sign streets and alleys as one-way
streets and alleys. The designation shall be made only upon the basis
of engineering and traffic investigation.
B.
Signs indicating the direction of lawful traffic movement shall be
placed at every intersection, where movement of traffic in the opposite
direction is prohibited. No regulation as to one-way traffic shall
be effective unless signs are in place indicating the direction of
the flow of traffic.
C.
The Administrator shall maintain a schedule of all streets and alleys
which have been established as one-way and shall provide copies of
the schedule to the Police Department, Municipal Clerk, Municipal
Judge and Municipal Attorney. (*)
A.
Upon those streets and parts of streets and in those alleys restricted
to movement in one direction, vehicular traffic shall move only in
the indicated direction when signs indicating the direction of traffic
are erected and maintained at every intersection where movement in
the opposite direction is prohibited.
B.
Failure to comply with such signs is a violation of this chapter.
(*)
A vehicle passing around a rotary traffic island shall be driven
only to the right of such island. (66-7-316 NMSA 1978)
A.
The Administrator may determine and designate streets, parts of streets
or specific lanes upon which vehicular traffic shall proceed in one
direction during one period of the day and the opposite direction
during another period of the day. This designation shall be made only
upon the basis of engineering and traffic investigation.
B.
Appropriate markings, signs, barriers or other devices shall be placed
to give notice of the restricted movement.
C.
Signs may be placed temporarily designating lanes to be used by traffic
moving in particular direction, regardless of the center line of the
street. (*)
Whenever any street has been divided into two or more clearly
marked lanes for traffic the following rules in addition to all others
consistent herewith shall apply:
(1)
A vehicle shall be driven as nearly as practicable entirely
within a single lane and shall not be moved from such lane until the
driver has first ascertained that such movement can be made with safety;
(2)
Upon a street which is divided into three lanes a vehicle shall
not be driven in the center lane except when overtaking and passing
another vehicle where the street is clearly visible and such center
lane is clear of traffic within a safe distance, or in preparation
for a left turn or where such center lane is at the time allocated
exclusively to traffic moving in the direction the vehicle is proceeding
and is signposted to give notice of such allocation;
(3)
Official signs may be erected directing slow-moving traffic
to use a designated lane or designating those lanes to be used by
traffic moving in a particular direction regardless of the center
of the street, and drivers of vehicles shall obey the directions of
every such sign (66-7-317 NMSA 1978); and
(4)
Official traffic-control devices may be installed prohibiting
the changing of lanes on sections of streets, and drivers of vehicles
shall obey the directions of every such device. (*)
A.
The driver of a motor vehicle shall not follow another vehicle more
closely than is reasonable and prudent, having due regard for the
speed of such vehicles and the traffic upon and the condition of the
highway.
B.
The driver of any motor truck or motor vehicle drawing another vehicle
when traveling upon a street outside of a business or residence district
shall not follow another motor truck or motor vehicle drawing another
vehicle within 300 feet, except that this shall not prevent a motor
truck or motor vehicle drawing another vehicle from overtaking and
passing any like vehicle or other vehicle.
C.
Motor vehicles being driven upon any street outside of a business
or residence district in a caravan or motorcade, whether or not towing
other vehicles, shall not follow the preceding vehicle closer than
300 feet. This provision shall not apply to funeral processions, nor
shall it apply within or outside of a business or residence district
to motor vehicle escort vehicles of a motor vehicle escort service,
which may, if necessary to maintain the continuity of the escorted
unit or units, precede or follow at a distance closer than 300 feet
to the escorted unit or units. (66-7-318 NMSA 1978)
A.
Whenever any street has been divided into two roadways by leaving
an intervening space or by a physical barrier or clearly indicated
dividing section so constructed as to impede vehicular traffic, every
vehicle shall be driven only upon the right-hand segment of the divided
street (66-7-319 NMSA 1978), unless directed or permitted to use another
segment by official traffic-control devices or police officers. (*)
B.
No vehicle shall be driven over, across, or within any such dividing
space, barrier, or section, except through an opening in such physical
barrier or dividing section or space or at a crossover or intersection
established by public authority. (66-7-319 NMSA 1978)
C.
Where recessed cut-outs are provided in dividers to facilitate left
turns, all vehicles, except those having a turning radius precluding
use of such recessed cut-outs, shall execute a left turn by occupying
the recess or cut-out prior to entering the intersection. (*)
No person shall drive a vehicle onto or from any controlled-access
street except at such entrances and exits as are established by public
authority. (66-7-320 NMSA 1978)
A.
No pedestrian, bicycle or other nonmotorized traffic shall use any
controlled-access street, but notwithstanding this subsection, drivers
of vehicles using the controlled-access street are not relieved of
responsibility for exercising due care.
B.
In addition to the provisions of Subsection A, the local governing body may, by ordinance, regulate or prohibit the use of any controlled-access street within its jurisdiction by any class or kind of traffic which is found to be incompatible with the normal and safe movement of traffic. (66-7-321 NMSA 1978)
C.
No driver shall stop a vehicle upon any controlled-access street
for the purpose of taking on or discharging passengers, freight or
merchandise.
D.
The Administrator has the authority to erect and maintain official
traffic-control devices on the controlled-access street on which the
restrictions are applicable, and when such traffic-control devices
are in place, no person shall disobey the restrictions stated on the
devices. (66-7-321 NMSA 1978)
A.
The Administrator, upon traffic and engineering study and investigation,
may designate which streets shall be through streets.
B.
A schedule of the through streets shall be prepared by the Administrator
with copies furnished to the Police Department, Municipal Clerk, Municipal
Judge and Municipal Attorney. (*)
A.
Whenever the Administrator designates and describes a through street,
the City Traffic Engineer shall place and maintain a stop sign, or
on the basis of an engineering and traffic investigation at any intersection
a yield sign, on each and every street intersecting the through street
unless traffic at any such intersection is controlled at all times
by traffic-control signals.
B.
However, at the intersection of two through streets or at the intersection
of a through street and heavy traffic street not so designated, stop
signs shall be erected at the approaches to both of said streets in
a manner determined by the Administrator upon the basis of an engineering
and traffic study. (*)
The Administrator may determine and designate intersections
other than through streets where particular hazards exist and determine:
A.
Whether vehicles shall stop at one or more entrances to the intersection,
in which event he shall have erected a stop sign at every place where
a stop is required; or
B.
Whether vehicles shall yield the right-of-way to vehicles on a different
street at the intersection, in which event he shall have erected a
yield sign at every place where obedience thereto is required. (*)
A.
The driver of a vehicle approaching an intersection shall yield the
right-of-way to a vehicle which has entered the intersection from
a different street.
B.
When two vehicles enter an intersection from different streets at
approximately the same time the driver of the vehicle on the left
shall yield the right-of-way to the vehicle on the right.
D.
The driver of a vehicle approaching or entering an interstate highway
shall yield the right-of-way to the vehicles on the interstate highway.
(*)
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
this chapter, 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.
(66-7-329 NMSA 1978)
A.
Preferential right-of-way at an intersection may be indicated by
stop signs or yield signs as authorized in this chapter.
B.
Except when directed to proceed by a police officer or traffic-control signal, every driver of a vehicle approaching a stop intersection indicated by a stop sign shall stop as required by § 12-6-4.3D and after having stopped shall yield the right-of-way to any vehicle which has entered the intersection from another street or which is approaching so closely on the street as to constitute an immediate hazard during the time when the driver is moving across or within the intersection.
C.
The driver of a vehicle approaching a yield sign shall, in obedience
to the sign, slow down to a speed reasonable for the existing conditions,
and shall yield the right-of-way to any vehicle in the intersection
or approaching on another street so closely as to constitute an immediate
hazard during the time the driver is moving across or within the intersection.
If the driver is involved in a collision with a vehicle in the intersection,
after driving past a yield sign without stopping, the collision shall
be deemed prima facie evidence of his failure to yield right-of-way.
(66-7-330 NMSA 1978)
D.
Except when directed to proceed by a police officer or traffic-control
signal, every driver of a vehicle approaching a stop intersection
indicated by a stop sign shall stop completely before entering the
crosswalk on the near side of the intersection or, in the event there
is no crosswalk, shall stop at a clearly marked stop line, but if
none, then at the point nearest the intersecting street before entering
the intersection.
E.
The driver of a vehicle approaching a yield sign, if required for
safety to stop, shall stop before entering the crosswalk on the near
side of the intersection or, in the event there is no crosswalk, at
a clearly marked stop line, but if none, then at the point nearest
the intersecting street where the driver has a view of approaching
traffic on the intersecting street. (66-7-345 NMSA 1978)
The driver of a vehicle intending to turn at an intersection
shall do so as follows:
A.
Both the approach for a right turn and a right turn shall be made
as close as practicable to the right-hand curb or edge of the street.
B.
At any intersection where traffic is permitted to move in both directions
on each street entering the intersection, an approach for a left turn,
except where left-turn provisions are made, shall be made in that
portion of the right half of the street nearest the center line thereof
and by passing to the right of such center line where it enters the
intersection and after entering the intersection the left turn shall
be made so as to leave the intersection to the right of the center
line of the street being entered. Whenever practicable, the left turn
shall be made in that portion of the intersection to the left of the
center of the intersection.
C.
Upon a street with two or more lanes for through traffic in each
direction, where a center lane has been provided by distinctive pavement
markings for the use of vehicles turning left from both directions,
no vehicle shall turn left from any other lane. A vehicle shall not
be driven in this center lane for the purpose of overtaking or passing
another vehicle proceeding in the same direction. Any maneuver other
than a left turn from this center lane will be deemed a violation
of this section.
D.
At any intersection where traffic is restricted to one direction
on one or more of the streets, the driver of a vehicle intending to
turn left at any such intersection shall approach the intersection
in the extreme left-hand lane lawfully available to traffic moving
in the direction of travel of such vehicle and after entering the
intersection the left turn shall be made so as to leave the intersection,
as nearly as practicable, in the left-hand lane lawfully available
to traffic moving in such direction upon the street being entered.
(66-7-322 NMSA 1978)
E.
No person shall drive across any private or public property, including
but not limited to parking areas, driveways and service station areas,
for the purpose of avoiding any traffic-control device or sign. (*)
The Administrator may cause markers, buttons or signs to be placed within or adjacent to intersections and thereby require and direct that a different course from that specified in § 12-6-5.1 be traveled by vehicles turning at an intersection, and, when markers, buttons or signs are so placed, no driver of a vehicle shall turn a vehicle at an intersection other than as directed and required by the markers, buttons or signs. (66-7-322 NMSA 1978)
A.
The Administrator may determine those intersections at which drivers
of vehicles shall not make a right, left or U-turn and shall place
proper signs at the intersections.
B.
The making of the turns may be prohibited between certain hours of
the day and permitted at other hours, in which event the same shall
be plainly indicated on the signs or they may be removed when the
turns are permitted. (*)
Whenever authorized signs are erected indicating that no right
or left or U-turn is permitted, no driver of a vehicle shall disobey
the directions of the sign. (*)
The driver of any vehicle shall not turn the vehicle so as to
proceed in the opposite direction upon any street in a business district
and shall not upon any other street so turn a vehicle unless the movement
can be made in safety and without interfering with other traffic.
(*)
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 1,000 feet.
(66-7-323 NMSA 1978)
A.
No person shall turn a vehicle at an intersection unless the vehicle is in proper position upon the street as required in § 12-6-5.1 or turn a vehicle to enter a private road or driveway or otherwise turn a vehicle from a direct course or move right or left upon a street unless and until such movement can be made with reasonable safety. No person shall so turn any vehicle without giving an appropriate signal in the manner hereinafter provided in the event any other traffic may be affected by such movement.
B.
A signal of intention to turn right or left, when required, shall
be given continuously during not less than the last 100 feet traveled
by the vehicle before turning.
C.
No person shall stop or suddenly decrease the speed of a vehicle
without first giving an appropriate signal in the manner provided
herein to the driver of any vehicle immediately to the rear when there
is opportunity to give such signal. (66-7-325 NMSA 1978)
D.
The signals provided for in this section shall be used to indicate
an intention to turn, change lanes or start from a parked position
and shall not be flashed on one side only on a parked or disabled
car or flashed as a courtesy or "do pass" signal to operators of other
vehicles approaching from the rear. (*)
A.
Any stop or turn signal, when required herein, shall be given either by means of the hand and arm or by signal lamp or lamps or mechanical signal device except as otherwise provided in Subsection B.
B.
Any motor vehicle in use on a street shall be equipped with, and
required signal shall be given by, a signal lamp or lamps or mechanical
signal device when the distance from the center of the top of the
steering post to the left outside limit of the body, cab or load of
such motor vehicle exceeds 24 inches, or when the distance from the
center of the top of the steering post to the rear limit of the body
or load thereof exceeds 14 feet. The latter measurement shall apply
to any single vehicle, also to any combination of vehicles. (66-7-326
NMSA 1978)
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.
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 15 feet of a fire hydrant;
(5)
On a crosswalk;
(6)
Within 20 feet of a crosswalk at an intersection;
(7)
Within 13 feet upon the approach to any flashing beacon, stop
sign, or traffic-control signal located at the side of a street;
(8)
Between a safety zone and the adjacent curb or within 30 feet
of points on the curb immediately opposite the end of a safety zone,
unless the traffic authority indicates a different length by signs
or markings;
(9)
Within 50 feet of the nearest rail of a railroad crossing;
(10)
Within 20 feet of the driveway entrance to any fire station
and on the side of a street opposite the entrance to any fire station
within 75 feet of said entrance, when properly signposted;
(11)
Alongside or opposite any excavation or obstruction when stopping,
standing or parking would obstruct traffic;
(12)
On the street 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 street or
within a street tunnel;
(14)
At any place where official signs prohibit stopping (66-7-351
NMSA 1978);
(15)
On any railroad track; or
(16)
Between a curb and sidewalk or between a curb or lateral line
of a roadway and the adjacent property line. (*)
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.
(66-7-351 NMSA 1978)
C.
The foregoing provisions may be modified by the Administrator or
his designated representative upon the basis of an engineering and
traffic investigation study by the use of appropriate markings, signs
or parking meters. (*)
D.
Recreational vehicles, trailers or towed vehicle. No person or entity shall park, stand or stop a recreational vehicle, trailer or towed vehicle for more than 90 minutes on any roadway, sidewalk, alley or other City-owned or City-operated property, with the definition of recreational vehicle to include a motor home or recreational vehicle as defined in NMSA Chapter 66, a vehicle classified as class A, class B, class C, truck classes four through eight or larger than eight, or a travel trailer, fifth wheel, pop-up or other such movable enclosed space. No recreational vehicle, trailer or towed vehicle shall be parked anywhere in the City limits such that the parking blocks or obstructs a roadway, sidewalk, alley or any other public right-of-way. A violation of this § 12-6-6.1D shall be punishable by a nondiscretionary civil penalty of $100, and each day of violation shall constitute a separate offense for the purpose of calculating the civil penalty. The City, in its sole discretion, may tow any recreational vehicle, trailer or towed vehicle, at the expense of the owner, and not at any expense to the City, for any violation of this § 12-6-6.1D.
[Added 9-14-2022 by Ord. No. 22-09]
E.
Parking penalties. Unless a specific penalty is expressly provided for in this Chapter 12, any violation of this Chapter 12 shall be punishable by a nondiscretionary civil penalty of $50, and each occurrence shall constitute a separate offense for the purpose of calculating the civil penalty.
[Added 9-14-2022 by Ord. No. 22-09]
A.
Except as otherwise provided in this chapter, every vehicle stopped
or parked upon a street where there are adjacent curbs shall be so
stopped or parked with the right-hand wheels of such vehicle parallel
to and within 18 inches of the right-hand curb. (66-7-352 NMSA 1978)
B.
Except when otherwise provided in this chapter, every vehicle stopped
or parked on a one-way street shall be so stopped or parked parallel
to the curb or edge of the street with its right-hand wheels within
18 inches of the right-hand curb or edge of the street or its left-hand
wheels within 18 inches of the left-hand curb or edge of the street.
(*)
No motor vehicle shall be stopped, parked, or left standing,
whether attended or unattended, upon the traveled portion of any street
outside of a business or residence district, when it is practicable
to stop, park, or leave such vehicle off the traveled portion of the
street. In the event that conditions make it impracticable to move
such motor vehicle from the traveled portion of the street, the driver
shall make every effort to leave all possible width of the highway
opposite the standing vehicle for the free passage of other vehicles
and he shall take care to provide a clear view of the standing vehicles
as far as possible to the front and rear. (66-3-852 NMSA 1978)
No person shall park a vehicle within an alley in such a manner
or under such conditions as to leave available less than 10 feet of
the width of the alley for the free movement of vehicular traffic,
and no person shall stop, stand or park a vehicle within an alley
in such a position as to block the driveway entrance to any abutting
property. (*)
No person shall park a vehicle on any street in a nonresidential
area for a period of time longer than 30 minutes between the hours
of 2:00 a.m. and 5:00 a.m. of any day, except physicians on emergency
calls. (*)
No person shall park a vehicle on any street for the principal
purpose of:
A.
The Administrator may erect signs indicating no parking on either
or both sides of any street adjacent to any school property when parking
would, in his opinion, interfere with traffic or create a hazardous
situation.
B.
When official signs are erected indicating no parking on either side
of a street adjacent to any school property as authorized in this
section, no person shall park a vehicle in any such designated place.
(*)
A.
The Administrator may erect signs indicating no parking on any street
when the width of the street does not exceed 24 feet or no parking
upon one side of a street as indicated by such signs when the width
of the street does not exceed 32 feet.
B.
When official signs prohibiting parking are erected on narrow streets
as authorized in this section, no person shall park a vehicle on any
such street in violation of the sign. (*)
A.
In the event a divided street includes two or more segments for vehicular
traffic, and traffic is restricted to one direction on any such segment,
no person shall stand or park a vehicle on the left-hand side of the
one-way segment unless signs are erected to permit such standing or
parking.
B.
The Administrator may determine where standing or parking may be
permitted on the left-hand side of any such one-way portion of a divided
street and to erect signs giving notice thereof. (*)
A.
The Administrator may determine and designate by proper signs, places
at intervals not exceeding 100 feet in length in which the stopping,
standing or parking of vehicles would create an especially hazardous
condition or would cause unusual delay to traffic.
A.
The provisions of this section prohibiting the standing or parking
of a vehicle shall apply at all times or at those times herein specified
or as indicated on official signs except when it is necessary to stop
a vehicle to avoid conflict with other traffic or in compliance with
the directions of a police officer or official traffic-control device.
B.
The provisions of this section imposing a time limit on parking shall
not relieve any person from the duty to observe other and more restrictive
provisions prohibiting or limiting the stopping, standing or parking
of vehicles in specified places or at specified times.
C.
The Administrator may impose restrictions or prohibitions on standing,
stopping or parking and they shall apply as follows:
(1)
When signs are erected prohibiting parking at all times on certain
streets, no person shall park a vehicle at any time upon any of the
streets so designated;
(2)
When signs are erected in each block giving notice that stopping,
standing or parking is prohibited during certain hours on certain
streets, no person shall stop, stand or park a vehicle between the
hours specified on the sign on any day, except Sundays and public
holidays, within the district or on any of the streets so designated;
or
(3)
When signs are erected in each block giving notice that parking
time is limited on certain streets, no person shall park a vehicle
for longer than the time indicated on such signs between the hours
of 8:00 a.m. and 6:00 p.m. of any day, except Sundays and public holidays,
within the district or on any of the streets so designated.
D.
Whenever by this chapter or any other ordinance of this municipality,
any parking time limit is imposed or parking is prohibited on designated
streets, it is the duty of the Administrator to erect appropriate
signs giving notice of the restrictions or limitations.
E.
No regulation authorized in this section shall be effective unless
signs giving notice of prohibitions or limitations are erected and
in place at the time of an alleged offense. (*)
A.
The Administrator may determine upon what streets angle parking is
permitted and shall mark or sign such streets:
(1)
Any designation of angle parking shall be made on the basis
of engineering and traffic study and investigation; (*)
(2)
The Administrator may permit angle parking on any street, 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 order entered in its minutes that the street is of sufficient width
to permit angle parking without interfering with the free movement
of traffic; (66-7-352 NMSA 1978)
(3)
Angle parking shall not be indicated or permitted at any place
where passing traffic would thereby be caused or required to drive
on the left side of the street; and
(4)
On those streets which have been signed or marked by the Administrator
for angle parking, no person shall park or stand a vehicle other than
at the angle to the curb or edge of the street indicated by signs
or markings. (*)
B.
The Administrator may issue special permits to permit the backing
of a vehicle to the curb for the purpose of loading or unloading merchandise
or materials subject to the terms and conditions of the permit:
(1)
The permits may be issued either to the owner or lessee of real
property or to the owner of the vehicle and shall grant to the permit
holder the privilege stated in the permit and authorized in this chapter;
and
(2)
No permittee or other person shall violate any of the special
terms or conditions of a permit. (*)
A.
Upon any street outside of a business or residence district no person
shall stop, park, or leave standing any vehicle, whether attended
or unattended, upon the paved or main-traveled part of the street
when it is practicable to stop, park, or leave such vehicle off such
part of said street, but in every event an unobstructed width of the
street opposite a standing vehicle shall be left for the free passage
of other vehicles and a clear view of such stopped vehicles shall
be available from a distance of 200 feet in each direction upon such
street.
B.
This section shall not apply to the driver of any vehicle which is
disabled while on the paved or main-traveled portion of a street in
such manner and to such extent that it is impossible to avoid stopping
and temporarily leaving such disabled vehicle in such position. (66-7-349
NMSA 1978)
C.
The State Department of Transportation, unless otherwise directed
by an investigating police officer, or a police officer may remove
or cause to be removed a vehicle or other obstruction from the paved
or main-traveled part of a highway to the nearest place of safety
if the vehicle or other obstruction obstructs traffic or poses a traffic
hazard. (66-7-349 C NMSA 1978)
A.
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 street shall yield the right-of-way to all vehicles approaching
on said street. (66-7-346 NMSA 1978)
B.
The driver of a vehicle about to enter or cross a street from a private
road or driveway shall yield the right-of-way to all vehicles approaching
on said street. (66-7-331 NMSA 1978)
No driver shall enter an intersection or a marked crosswalk
unless there is sufficient space on the other side of the intersection
or crosswalk to accommodate the vehicle he is operating without obstructing
the passage of other vehicles or pedestrians, notwithstanding any
traffic-control signal indication to proceed. (*)
A.
The driver of a vehicle upon approaching or overtaking from either
direction any school bus which has stopped on the street, with special
school bus signals in operation, for the purpose of receiving or discharging
any school children, shall stop the vehicle at least 10 feet before
reaching the school bus and shall not proceed until the special school
bus signals are turned off, the school bus resumes motion or until
signaled by the driver to proceed.
B.
Every bus used for the transportation of school children shall bear
upon the front and rear thereof a plainly visible sign containing
the words "School Bus" in letters not less than eight inches in height.
C.
The driver of a vehicle upon a street with separate roadways need
not stop upon meeting or passing a school bus which is on a different
roadway or when upon a controlled access street and the school bus
is stopped in a loading zone which is a part of or adjacent to such
street and where pedestrians are not permitted to cross the roadway.
(66-7-347 NMSA 1978)
D.
It is unlawful to operate any flashing warning signal light on any
school bus on any street except when the school bus is stopped or
is about to stop on a street for the purpose of permitting school
children to board or alight from the school bus. (66-7-348 NMSA 1978)
A.
Upon the immediate approach of an authorized emergency vehicle displaying
flashing emergency lights or when the driver is giving audible signal
by siren, exhaust whistle, or bell, the driver of every other vehicle
shall yield the right-of-way and shall immediately drive to a position
parallel to, and as close as possible to, the right-hand edge or curb
of the street clear of any intersection and shall stop and remain
in that position until the authorized emergency vehicle has passed,
except when otherwise directed by a police officer. (66-7-332 NMSA
1978)
B.
Upon approaching a stationary authorized emergency vehicle displaying
flashing emergency lights, unless otherwise directed, the driver of
the vehicle shall:
(1)
If reasonably safe to do so, drive in a lane not adjacent to
where the authorized emergency vehicle is stopped, decrease the speed
of the vehicle to a speed that is reasonable and prudent under the
circumstances and proceed with caution; or
(2)
If it is not reasonably safe to drive in a lane not adjacent
to where the authorized emergency vehicle is stopped, decrease the
speed of the vehicle to a speed that is reasonable and prudent under
the circumstances, proceed with caution and be prepared to stop. (66-7-332
NMSA 1978)
C.
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 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. (66-7-332.1 NMSA 1978)
D.
This section shall not operate to relieve the driver of an authorized
emergency vehicle or the driver of an oncoming vehicle from the duty
to drive with due regard for the safety of all persons using the highway.
(66-7-322 and 66-7-322.1 NMSA 1978)
A.
A person driving a vehicle approaching a railroad-highway grade crossing
shall:
(1)
Obey traffic-control devices, crossing gates or barriers or
the directions of an enforcement official at the crossing;
(2)
Stop not more than 50 feet and not less than 15 feet from the
nearest rail of a crossing if:
(a)
A train is moving through or blocking the crossing;
(b)
A train is plainly visible and approaching the crossing within
hazardous proximity to the crossing;
(c)
The sound of a train's warning signal can be heard; or
(d)
A traffic-control device, crossing gate, barrier or light or
an enforcement official signals the driver to stop; and
(3)
Proceed through the railroad-highway grade crossing only if
it is safe to completely pass through the entire railroad-highway
grade crossing without stopping.
B.
A person shall not:
(1)
Drive a vehicle through, around or under a crossing gate or
barrier at a railroad-highway grade crossing while the gate or barrier
is closed or being opened or closed;
(2)
Drive onto the railroad-highway grade crossing and stop; or
(3)
Enter a crossing if the vehicle being driven has insufficient
undercarriage clearance to pass over the crossing.
C.
The penalty assessment for violation of this section is included
in the penalty assessment schedule.[1]
[1]
Editor's Note: The Penalty Assessment Program is included at the end of this chapter.
The Administrator, with the approval of the State Highway Commission,
may designate particularly dangerous highway grade crossings of railroads
and erect stop signs thereat. When such stop signs are erected, the
driver of any vehicle shall stop within 50 feet but not less than
15 feet from the nearest rail of such railroad and shall proceed only
upon exercising due care. (66-7-342 NMSA 1978)
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 50 feet and no less than 15 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 NMSA
1978, § 66-1-4.2;
(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 the penalty
assessment schedule.[1] (66-7-343 NMSA 1978)
[1]
Editor's Note: The Penalty Assessment Program is included at the end of this chapter.
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 10 or less miles per hour or a vertical body or load clearance
of less than 1/2 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 street, 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
15 feet nor more than 50 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 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. (66-7-344 NMSA 1978)
A.
The Administrator shall not designate or sign any curb loading zone
upon special request of any person unless the person makes application
for a permit for the zone and for two signs to indicate the ends of
each zone.
B.
After the Administrator has granted a permit and before signs and
markings as may be necessary are installed, the applicant shall pay
to the City Treasurer a service fee of $25 per twenty-two-foot stall
plus $0.25 per foot for additional space per year or fraction thereof.
C.
The Administrator may impose conditions and general regulations for
the use of the signs and for reimbursement of the City for the value
thereof in the event of loss or damage and their return in the event
of misuse or upon expiration of permit.
D.
Every permit shall expire at the end of each calendar year. (*)
No person shall stop, stand or park a vehicle for any purpose
or period of time other than for the expeditious loading or unloading
of passengers in any place marked as a passenger curb loading zone
during hours when the regulations applicable to the curb loading zone
are effective and then only for a period not to exceed three minutes.
(*)
A.
No person shall stop, stand or park a vehicle for any purpose or
length of time other than for the expeditious unloading and delivery
or pickup and loading of materials in any place marked as a freight
curb loading zone during hours when the provisions applicable to freight
curb loading zones are in effect. In no case shall the stop for loading
and unloading of material exceed 30 minutes.
B.
The driver of a passenger vehicle may stop temporarily at a place
marked as a freight curb loading zone for the purpose of and while
actually engaged in loading or unloading passengers, when such stopping
does not interfere with any motor vehicle used for the transportation
of materials which is waiting to enter or about to enter the zone.
(*)
A.
The Administrator may establish bus stops, bus stands, taxicab stands
and stands for other passenger common-carrier motor vehicles on such
public streets in such places and in such number as he shall determine
to be of the greatest benefit and convenience to the public.
B.
Every designated bus stop, bus stand, taxicab stand or other stand
shall be designated by appropriate signs. (*)
The following fees shall be charged to each person, firm or
corporation for the use of taxicab stands, and permits for the stands
shall expire at the end of each calendar year:
The stopping, standing and parking of buses and taxicabs is
regulated as follows:
A.
The operator of a bus shall not stand or park the vehicle on any
street at any place other than a bus stand so designated as provided
in this chapter.
B.
The operator of a bus shall not stop the vehicle on any street at
any place for the purpose of loading or unloading passengers or their
baggage other than at a bus stop, bus stand or passenger loading zone
so designated as provided herein, except in cases of emergency.
C.
The operator of a bus shall enter a bus stop, bus stand or passenger
loading zone on a public street in such a manner that the bus when
stopped to load or unload passengers or baggage shall be in a position
with the right front wheel of the vehicle not farther than 18 inches
from the curb and the bus approximately parallel to the curb so as
not to unduly impede the movement of other vehicular traffic.
D.
The operator of a taxicab shall not stand or park the vehicle upon
any street at any place other than in a taxicab stand so designated
as provided herein. This provision shall not prevent the operator
of a taxicab from temporarily stopping in accordance with other stopping
or parking regulations at any place for the purpose of and while actually
engaged in the expeditious loading or unloading of passengers. (*)
A.
No person shall stop, stand or park a vehicle other than a bus in
a bus stop, or other than a taxicab in a taxicab stand, when any such
stop or stand has been officially designated and appropriately signed.
B.
However, the driver of a passenger vehicle may temporarily stop in
a bus stop or taxicab stand for the purpose of and while actually
engaged in loading or unloading passengers when such stopping does
not interfere with any bus or taxicab waiting to enter or about to
enter such zone. (*)
A.
Crosswalks may be established over streets abutting a school or the
grounds adjacent thereto, and all children crossing the streets shall
be required to do so within the marked crosswalks. The Administrator,
with advice of the local superintendent of schools, shall establish
and mark, or cause to be marked, these street crossings.
B.
Crosswalks over streets not abutting on school grounds may be established
by the Administrator, with advice of the local superintendent of schools
and after adequate assurance has been given that proper safety precautions,
pursuant to regulations of the Administrator, will be maintained at
the crossings by the school authorities to enforce their use by children.
C.
At all school crossings, except as provided in this section, appropriate
signs shall be provided as prescribed by the Administrator indicating
the crossings and regulating traffic movement within the school zones.
A.
The Department and local highway authorities may, in their discretion,
upon application in writing and good cause being shown, issue a special
permit in writing authorizing the applicant to operate or move a vehicle
or load of a size or weight exceeding the maximum specified in NMSA
1978, §§ 66-7-401 through 66-7-416, on any highway
under the jurisdiction of the State Transportation Commission or local
authorities. Except for the movement of manufactured homes, a permit
may be granted, in cases of emergency, for the transportation of loads
on a certain unit or combination of equipment for a specified period
of time not to exceed one year, and the permit shall contain the route
to be traversed, the type of load to be transported and any other
restrictions or conditions deemed necessary by the body granting the
permit. In every other case, the permit shall be issued for a single
trip and may designate the route to be traversed and contain any other
restrictions or conditions deemed necessary by the body granting the
permit. Every permit shall be carried in the vehicle to which it refers
and shall be opened for inspection by any peace officer. It is a misdemeanor
for any person to violate any of the conditions or terms of the special
permit.
B.
The Department shall charge and collect, when the movement consists
of any load of a width of 20 feet or greater for a distance of five
miles or more, the sum of $300 a day or fraction thereof to defray
the cost of state or local police escort. The permit issued and the
fee charged shall be based upon the entire movement at one time requiring
police escort and not upon the number of vehicles involved.
C.
The Department shall promulgate regulations in accordance with the
State Rules Act pertaining to safety practices, liability insurance
and equipment for escort vehicles provided by the motor carrier himself
and for escort vehicles provided by a private business in this state.
(1)
If a motor carrier provides his own escort vehicles and personnel,
the Department shall not charge an escort fee but shall provide the
motor carrier escort personnel with a copy of applicable regulations
and shall inspect the escort vehicles for the safety equipment required
by the regulations. If the escort vehicles and personnel meet the
requirements set forth in the regulations and if the motor carrier
holds a valid certificate of public convenience and necessity or permit,
as applicable, issued pursuant to NMSA 1978, Chapter 65, Article 2,[1] the Department shall issue the special permit.
[1]
Editor's Note: NMSA 1978, §§ 65-2-1 through
65-2-79, were repealed by L. 1981, Ch. 358, § 49, eff. 4-10-1981;
and §§ 65-2-80 through 65-2-117, were repealed by L.
2003, Ch. 359, § 44, eff. 7-1-2003. See now NMSA 1978, § 65-2A-1
et seq.
(2)
If the escort service is a private business, the business shall
have applied to the Public Regulation Commission for and been issued
a permit or certificate to operate as a contract or common motor carrier
pursuant to NMSA 1978, Chapter 65, Article 2.[2] The Public Regulation Commission shall supply copies of
applicable regulations to the business by mail and shall supply additional
copies upon request. If the escort vehicles and personnel meet the
requirements set forth in the regulations and if the escort service
holds a certificate, the special permit shall be issued and the Department
shall not charge an escort fee.
[2]
Editor's Note: NMSA 1978, §§ 65-2-1 through
65-2-79, were repealed by L. 1981, Ch. 358, § 49, eff. 4-10-1981;
and §§ 65-2-80 through 65-2-117, were repealed by L.
2003, Ch. 359, § 44, eff. 7-1-2003. See now NMSA 1978, § 65-2A-1
et seq.
(4)
The State Transportation Department shall conduct engineering
investigations and engineering inspections to determine which four-lane
highways are safe for the operation or movement of manufactured homes
without an escort. After making that determination, the State Transportation
Department shall hold public hearings in the area of the state affected
by the determination, after which it may adopt regulations designating
those four-lane highways as being safe for the operation or movement
of manufactured homes without an escort. If any portion of such a
four-lane highway lies within the boundaries of a municipality, the
State Highway and Transportation Department, after obtaining the approval
of the municipal governing body, shall include such portions in its
regulations.
D.
Except for the movement of manufactured homes, special permits may
be issued for a single vehicle or combination of vehicles by the Department
for a period not to exceed one year for a fee of $60. The permits
may allow excessive height, length and width for a vehicle or combination
of vehicles or load thereon and may include a provision for excessive
weight if the operation is to be within the vicinity of a municipality.
Utility service vehicles, operating with special permits pursuant
to this subsection, shall be exempt from prohibitions or restrictions
relating to hours or days of operation or restrictions on movement
because of poor weather conditions. (66-7-413 D NMSA 1978)
E.
Special permits for a single trip for a vehicle or combination of
vehicles or load thereon of excessive weight, width, length and height
may be issued for a single vehicle for a fee of $15.
F.
If the vehicle for which a permit is issued under this section is
a manufactured home, the Department or local highway authority issuing
the permit shall furnish the following information to the Property
Tax Division of the Department, which shall forward the information:
(1)
To the county assessor of any county from which a manufactured
home is being moved, the date the permit was issued, the location
being moved from, the location being moved to if within the same county,
the name of the owner of the manufactured home and the identification
and registration numbers of the manufactured home;
(2)
To the county assessor of any county in this state to which
a manufactured home is being moved, the date the permit was issued,
the location being moved from, the location being moved to, the name
of the owner of the manufactured home and the registration and identification
numbers of the manufactured home; and
G.
Except as provided in Subsection H of this section, if the movement of a manufactured home originates in this state, no permit shall be issued under Subsection F of this section until the owner of the manufactured home or his authorized agent obtains and presents to the Department proof that a certificate has been issued by the county assessor or treasurer of the county in which the manufactured home movement originates showing that either:
(1)
All property taxes due or to become due on the manufactured
home for the current tax year or any past tax years have been paid,
except for manufactured homes located on an Indian reservation; or
(2)
No liability for property taxes on the manufactured home exists
for the current tax year or any past tax years, except for manufactured
homes located on an Indian reservation.
H.
The movement of a manufactured home from the lot or business location of a manufactured home dealer to its destination designated by an owner-purchaser is not subject to the requirements of Subsection G of this section if the manufactured home movement originates from the lot or business location of the dealer and the manufactured home was part of his inventory prior to the sale to the owner-purchaser; however, the movement of a manufactured home by a dealer or his authorized agent as a result of a sale or trade-in from a nondealer-owner is subject to the requirements of Subsection G of this section whether the destination is the business location of a dealer or some other destination.
I.
No permit shall be issued under this section for movement of a manufactured
home whose width exceeds 18 feet with no more than a six-inch roof
overhang on the left side or 12 inches on the right side in addition
to the eighteen-foot width of the manufactured home. Manufactured
homes exceeding the limitations of this section shall only be moved
on dollies placed on the front and the rear of the structure.
J.
The secretary may by regulation provide for movers of manufactured
homes to self-issue permits for certain sizes of manufactured homes
over specific routes; however, in no case may the cost of each permit
be less than $15.
K.
The Secretary may provide by regulation for dealers of implements
of husbandry to self-issue permits for the movement of certain sizes
of implements of husbandry from the lot or business location of the
dealer over specific routes with specific escort requirements, if
necessary, to a destination designated by an owner-purchaser or for
purposes of a working demonstration on the property of a proposed
owner-purchaser. The Department shall charge a fee for each self-issued
permit not to exceed $15.
L.
Any private motor carrier requesting an oversize or overweight permit
shall provide proof of insurance in at least the following amounts:
M.
Any common motor carrier requesting an oversize permit shall produce
a copy of a form "e" or other acceptable evidence that the common
motor carrier maintains the insurance minimums prescribed by the Public
Regulation Commission. (66-7-413 NMSA 1978)
N.
Farm carriers, as defined in NMSA 1978, §§ 65-2-82
and 65-2-116,[3] may transport loads up to 12 feet in width on highways
that are not national network highways without acquiring permits or
escorts only if the load consists of hay tied in bales over five feet
in either length or width and the load is not transported for any
distance greater than 50 miles, provided that the farm carriers display
a sign across the front and rear stating "WIDE LOAD" in large visible
letters. (66-7-413.1 NMSA 1978)
[3]
Editor's Note: NMSA 1978, §§ 65-2-82 and 65-2-116,
were repealed L. 2003, Ch. 359, § 44, eff. 7-1-2003. See
now NMSA 1978, § 65-2A-1 et seq.
O.
No permit or fee required under this section is necessary for implements
of husbandry, including farm tractors and farm trailers when not more
than two such farm trailers are towed in tandem, being moved during
daylight hours within a county or an adjacent county for a total distance,
one way, of not more than 50 miles on any highway:
(1)
Crossing the farm property of the owner; or
(2)
Running between separate farm property of the owner. Any person
responsible for the movement of implements of husbandry under the
provisions of this section shall comply with all safety precautions
set forth in this chapter and in regulations of the State Highway
Commission. (66-7-414 NMSA 1978)
A.
As used in this section, "slow-moving vehicle" means any vehicle
which is ordinarily moved, operated or driven at a speed less than
25 miles an hour.
B.
Each slow-moving vehicle moved, operated or driven on a highway which
is open for vehicular travel shall display a slow-moving vehicle emblem
or flashing amber light as required by NMSA 1978, § 66-3-887.
C.
Use of the emblem is confined to slow-moving vehicles, and its use
on any other type of vehicle or on any stationary object is prohibited.
This section does not prohibit the use on slow-moving vehicles of
red flags or lawful lighting devices in addition to the slow-moving
vehicle emblem.
D.
No person shall sell, lease, rent or operate any slow-moving vehicle
unless the slow-moving vehicle is equipped with a slow-moving vehicle
emblem. (66-3-887 NMSA 1978)
A.
When, in the judgment of the Administrator, the movement of any vehicle
is deemed a hazard to traffic upon a street over which the vehicle
is to travel, the granting of permission for the movement thereof
may be conditioned upon a special escort accompanying the hazardous
vehicle.
B.
The special police car escort to safeguard traffic during the movement
of the hazardous vehicle shall conform to the provisions of NMSA 1978,
§ 66-7-314. (66-7-314 NMSA 1978)
A.
It is unlawful for a person who is under the influence of intoxicating
liquor to drive a vehicle within this municipality.
B.
It is unlawful for:
(1)
A person to drive a vehicle in this state if the person has
an alcohol concentration of 0.08 or more in the person's blood or
breath within three hours of driving the vehicle and the alcohol concentration
results from alcohol consumed before or while driving the vehicle;
or
(2)
A person to drive a commercial motor vehicle in this state if
the person has an alcohol concentration of 0.04 or more in the person's
blood or breath within three hours of driving the commercial motor
vehicle and the alcohol concentration results from alcohol consumed
before or after driving the vehicle.
C.
It is unlawful for a person who is under the influence of any drug
to a degree which renders him incapable of safely driving a vehicle
to drive a vehicle within this municipality. The fact that any person
charged with a violation of this subsection is or has been entitled
to use such drug under the laws of this state is not a defense against
the charge.
D.
Aggravated driving while under the influence of intoxicating liquor
or drugs consists of a person who:
(1)
Drives a vehicle in this state and has an alcohol concentration
of 0.16 or more in the person's blood or breath within three hours
of driving the vehicle and the alcohol concentration results from
alcohol consumed before or after driving the vehicle;
(2)
Has caused bodily injury to a human being as a result of the
unlawful operation of a motor vehicle while driving under the influence
of intoxicating liquor or drugs; or
(3)
Refused to submit to chemical testing, as provided for in the
Implied Consent Act (NMSA 1978, §§ 66-8-105 to 66-8-112),
and in the judgment of the court, based upon evidence of intoxication
presented to the court, was under the influence of intoxicating liquor
or drugs. (66-8-102 NMSA 1978)
E.
Any person who operates a motor vehicle within this municipality
shall be deemed to have given consent, subject to the provisions of
the Implied Consent Act, to chemical tests of his breath or blood
or both, approved by the Scientific Laboratory Division of the Department
of Health pursuant to the provision of NMSA 1978, § 24-1-22,
as determined by a law enforcement officer, or for the purpose of
determining the drug or alcoholic content of his blood, if arrested
for any offense arising out of the acts alleged to have been committed
while the person was driving a motor vehicle while under the influence
of an intoxicating liquor or any drug.
F.
A test of blood or breath or both, approved by the Scientific Laboratory
Division of the Department of Health pursuant to NMSA 1978, § 24-1-22,
shall be administered at the direction of a law enforcement officer
having reasonable grounds to believe the person to have been driving
a motor vehicle within this municipality while under the influence
of intoxicating liquor or drug. (66-8-107 NMSA 1978)
G.
Any person who is dead, unconscious or otherwise in a condition rendering him incapable of refusal, shall be deemed not to have withdrawn the consent provided by § 12-6-12.1E, and the test or tests designated by the law enforcement officer may be administered. (66-8-108 NMSA 1978)
H.
Only the persons authorized by NMSA 1978, § 66-8-103, shall
withdraw blood from any person for the purpose of determining its
drug or alcoholic content. This limitation does not apply to the taking
of samples of breath.
I.
The person tested shall be advised by the law enforcement officer
of the person's right to be given an opportunity to arrange for a
physician, licensed professional or practical nurse, or laboratory
technician or technologist who is employed by a hospital or physician,
of his own choosing to perform a chemical test in addition to any
test performed at the direction of a law enforcement officer.
J.
Upon the request of the person tested, full information concerning
the test or tests performed at the direction of the law enforcement
officer shall be made available to him as soon as it is available
from the person performing the test.
K.
The law enforcement agency represented by the law enforcement officer
at whose direction the chemical test is performed shall pay for the
chemical test.
L.
If a person exercises his right under Subsection I to have a chemical test performed upon him by a person of his own choosing, then the cost of that test shall be paid by the law enforcement agency represented by the law enforcement officer at whose direction a chemical test was administered under Subsection E. (66-8-109 NMSA 1978)
M.
The results of a test performed pursuant to the Implied Consent Act
may be introduced into evidence in any civil action or criminal action
arising out of the acts alleged to have been committed by the person
tested for driving a motor vehicle while under the influence of intoxicating
liquor or drug.
N.
When the blood or breath of the person tested contains:
(1)
An alcohol concentration of less than 0.04 or less, it shall
be presumed that the person was not under the influence of intoxicating
liquor;
(2)
An alcohol concentration of at least 0.04 but less than 0.08,
no presumption shall be made that the person either was or was not
under the influence of intoxicating liquor unless the person is driving
a commercial vehicle and the amount of alcohol in the person's blood
or breath may be considered with other competent evidence in determining
whether or not the person was under the influence of intoxicating
liquor;
(3)
An alcohol concentration of 0.08 or more, the arresting officer
shall charge him with a violation of this section; or
(4)
An alcohol concentration of 0.04 or more and the person is driving
a commercial vehicle, it shall be presumed that the person is under
the influence of intoxicating liquor. (66-8-110 NMSA 1978)
O.
If the test performed pursuant to the Implied Consent Act is administered more than three hours after the person was driving a vehicle, the test result may be introduced as evidence of the alcohol concentration in the person's blood or breath at the time of the test and the trier of fact shall determine what weight to give the test result for the purpose of determining a violation of § 12-6-12.1. (66-8-110 NMSA 1978)
P.
The determination of alcohol concentration shall be based on the
grams of alcohol in 100 milliliters of blood or the grams of alcohol
in 210 liters of breath.
Q.
The presumptions in Subsection N of this section do not limit the introduction of other competent evidence concerning whether or not a person was under the influence of intoxicating liquor. (66-8-110 NMSA 1978)
R.
Nothing in this section is intended to authorize any police officer,
or any judicial or probation officer, to make any arrest or to direct
the performance of a blood-alcohol test, except in the performance
of his official duties and as otherwise authorized by law. (66-8-104
NMSA 1978)
S.
If a person under arrest for violation of an offense enumerated in the Motor Vehicle Code refuses upon request of a law enforcement officer to submit to chemical tests designated by the law enforcement agency as provided in § 12-6-12.1E and F, none shall be administered, except when a Municipal Judge, magistrate or district judge issues a search warrant authorizing chemical tests as provided in § 12-6-12.1E and F, upon his finding in a law enforcement officer's written affidavit that there is probable cause to believe that the person has driven a motor vehicle while under the influence of intoxicating alcohol or drug thereby causing the death or great bodily injury of another person, or there is probable cause to believe that the person has committed a felony while under the influence of intoxicating alcohol or drug and that chemical tests as provided in § 12-6-12.1E and F will produce material evidence in a felony prosecution. (66-8-111 NMSA 1978)
T.
If a law enforcement officer has reasonable grounds to believe that a person arrested for violation of Subsections A, B, C or D of this section had been driving a motor vehicle within this municipality while under the influence of intoxicating liquor or drug and that upon his request, the person refused to submit to a chemical test, after being advised that failure to submit could result in revocation of his privilege to drive, then the law enforcement officer shall transmit to the Director a statement signed under penalty of perjury stating what such reasonable grounds were and stating that the person refused to submit to a chemical test after being advised of the consequences of such refusal.
U.
On behalf of the Director, a law enforcement officer requesting a chemical test or directing the administration of a chemical test, pursuant to § 12-6-12.1E and F, shall serve immediate written notice of revocation and of right to a hearing on a person who refuses to permit chemical testing or on a person who submits to a chemical test the results of which indicate an alcohol concentration in the person's blood or breath of 0.08 or more if the person is 21 years of age or older, 0.04 or more if the person is driving a commercial vehicle or 0.02 or more if the person is less than 21 years of age. Upon serving notice of revocation, the law enforcement officer shall take the license or permit of the driver, if any, and issue a temporary license valid for 20 days or, if the driver requests a hearing pursuant to NMSA 1978, § 66-8-112, valid until the date the Department issues the order following that hearing, provided that a temporary license shall not be issued to a driver without a valid license or permit. The law enforcement officer shall send the person's driver's license to the Director along with the signed statement required pursuant to Subsection S of this section. (66-8-111.1 NMSA 1978)
A.
If a person is convicted of driving a motor vehicle while under the influence of intoxicating liquor or drug (§ 12-6-12.1A through D) the trial judge shall be required to inquire into the past driving record of the person before sentence is entered in the matter. (66-8-110 NMSA 1978)
B.
When a person is charged with a violation of § 12-6-12.1A through D, any plea of guilty thereafter entered in satisfaction of the charges shall include at least a plea of guilty to violation § 12-6-12.1A, B, C or D and no other disposition by plea of guilty to any other charge in satisfaction of such charge shall be authorized if:
(1)
The results of a test performed pursuant to the Implied Consent
Act discloses that the blood of the person charged contains an alcohol
concentration of 0.08 or more; (66-8-102 NMSA 1978 as amended)
(2)
Four one-hundredths or more if the person is driving a commercial
vehicle; or
(3)
The defendant has refused to submit to a chemical test or tests
of his breath or blood. (66-8-102 NMSA 1978)
C.
A person under first conviction pursuant to this section shall be punished by imprisonment for not more than 90 days or by a fine of not more than $999, or both, provided that if the sentence is suspended in whole or in part or deferred, the period of probation may extend beyond 90 days but shall not exceed one year. Upon a first conviction pursuant to this section, an offender shall be sentenced to not less than 24 hours and not more than 48 hours of community service. In addition, the offender may be required to pay a fine of $300. The offender shall be ordered by the court to participate in and complete a screening program described in Subsection F of this section and to attend a driver rehabilitation program for alcohol or drugs, also known as a "DWI school," approved by the Traffic Safety Bureau of the State Transportation Department and also may be required to participate in other rehabilitative services as the court shall determine to be necessary. In addition to those penalties, when an offender commits aggravated driving while under the influence of intoxicating liquor or drugs, the offender shall be sentenced to not less than 48 consecutive hours in jail. If an offender fails to complete, within a time specified by the court, any community service, screening program, treatment program or DWI school ordered by the court or fails to comply with any other condition of parole, the offender shall be sentenced to not less than an additional 48 consecutive hours in jail. Any jail sentence imposed pursuant to this section for failure to complete, within a time specified by the court, any community service, screening program, treatment program or DWI school ordered by the court or for aggravated driving while under the influence of intoxicating liquor or drugs shall not be suspended, deferred or taken under advisement. On a first conviction pursuant to this section, time spent in jail for the offense prior to the conviction for that offense shall be credited to any term of imprisonment fixed by the court. A deferred sentence pursuant to this subsection shall be considered a first conviction for the purpose of determining subsequent convictions.
D.
A second or third conviction pursuant to this section shall be punished
by imprisonment for not more than 179 days or by a fine of not more
than $999, or both, provided that if the sentence is suspended in
whole or part, the period of probation may extend beyond 179 days
but shall not exceed one year. Notwithstanding any provision of law
to the contrary for suspension or deferment of execution of a sentence:
(1)
Upon a second conviction, each offender shall be sentenced to
a jail term of not less than 96 consecutive hours, 48 hours of community
service and a fine of $500. In addition to those penalties, when an
offender commits aggravated driving while under the influence of intoxicating
liquor or drugs, the offender shall be sentenced to a jail term of
not less than 96 consecutive hours. If an offender fails to complete,
within a time specified by the court, any community service, screening
program or treatment program ordered by the court, the offender shall
be sentenced to not less than an additional seven consecutive days
in jail. A penalty imposed pursuant to this subsection shall not be
suspended or deferred or taken under advisement; and
(2)
Upon a third conviction, an offender shall be sentenced to a
jail term of not less than 30 consecutive days, 96 hours of community
service and a fine of $999. In addition to those penalties, when an
offender commits aggravated driving under the influence of intoxicating
liquor or drugs, the offender shall be sentenced to a jail term of
not less than 60 consecutive days. If an offender fails to complete,
within a time specified by the court, any community service, screening
program or treatment program ordered by the court, the offender shall
be sentenced to not less than an additional 60 consecutive days in
jail. A penalty imposed pursuant to this subsection shall not be suspended
or deferred or taken under advisement.
E.
Fourth and subsequent offenses shall be prosecuted under state law
in Magistrate or District Court. (66-8-102 NMSA 1978)
F.
Upon any conviction pursuant to this section, an offender shall be
required to participate in and complete, with a time specified by
the court, an alcohol or drug abuse screening program approved by
the Department of Finance and Administration and, if necessary, a
treatment program approved by the court. The requirement imposed pursuant
to this subsection shall not be suspended, deferred or taken under
advisement.
G.
Upon a second or third conviction pursuant to this section, an offender
shall be required to participate in and complete, within a time specified
by the court:
(1)
Not less than a twenty-eight-day inpatient, residential or in-custody
substance abuse program approved by the court;
(2)
Not less than a ninety-day outpatient treatment program approved
by the court;
(3)
A drug court program approved by the court; or
(4)
Any other substance abuse treatment approved by the court. The
requirement imposed pursuant to this subsection shall not be suspended,
deferred or taken under advisement. (66-8-102 NMSA 1978)
H.
Upon a conviction pursuant to § 12-6-12.1, an offender shall be required to obtain an ignition interlock license and have an ignition interlock device installed and operating on all motor vehicles driven by the offender, pursuant to rules adopted by the Traffic Safety Bureau of the Department of Transportation. Unless determined by the sentencing court to be indigent, the offender shall pay all costs associated with having an ignition interlock device installed on the appropriate motor vehicles. The offender shall operate only those vehicles equipped with ignition interlock devices for:
(1)
A period of one year, for a first offender;
(2)
A period of two years, for a second conviction pursuant to this
section;
(3)
A period of three years, for a third conviction pursuant to
this section; or
(4)
The remainder of the offender's life, for a fourth or subsequent
conviction pursuant to this section.
I.
Five years from the date of conviction and every five years thereafter,
a fourth or subsequent offender may apply to a District Court for
removal of the ignition interlock device requirement provided in this
section and for restoration of a driver's license. A District Court
may, for good cause shown, remove the ignition interlock device requirement
and order restoration of the license, provided that the offender has
not been subsequently convicted of driving a motor vehicle while under
the influence of intoxicating liquor or drugs. Good cause may include
an alcohol screening and proof from the interlock vendor that the
person has not had violations of the interlock device. (66-8-102 NMSA
1978)
J.
Except as otherwise prohibited in this section, a Municipal Judge may suspend, in whole or in part, the execution of sentence or place the defendant on probation for a period not exceeding one year on terms and conditions that Municipal Judge deems best, or both, or defer sentence. If the Municipal Judge decides to defer the execution of a sentence, such deferral shall be granted only as allowed in Subsection K of this section. A suspension of execution of sentence or probation, or both, as allowed pursuant to this section, shall be granted only when the Municipal Judge is satisfied it will serve the ends of justice and of the public, and that the defendant's liability for any fine or other punishment imposed if fully discharged upon successful completion of the terms and conditions of probation.
K.
If a person is convicted of driving a motor vehicle while under the influence of intoxicating liquor or drugs in violation of § 12-6-12.1A, B, C or D, a first offender, at the discretion of a trial court after a presentence investigation, including an inquiry to the Motor Vehicle Division of the Transportation Department concerning the driver's driving record, may receive a deferred sentence on the condition that the driver attend a driver rehabilitation program, also known as the "driving while intoxicated school," approved by the court and the Division and such other rehabilitative services as the court may determine to be necessary; however, imposition of a deferred sentence shall classify the person as a first offender. The Municipal Court shall forward to the Division the abstract of all proceedings and the report of the disposition of the case. For the purpose of this subsection, cannabis, as defined by NMSA 1978, § 26-2C-2, shall be classified as a drug.
[Amended 12-8-2021 by Ord. No. 21-18; 10-11-2023 by Ord. No. 23-08]
L.
A person convicted of driving a motor vehicle while under the influence of intoxicating liquor or drugs in violation of § 12-6-12.1A, B, C or D shall be assessed, in addition to any other fee or fine, a fee of $85 to defray the cost of chemical and other tests used to determine the influence of alcohol or drugs. Additionally, the person shall be assessed a fee of $75 to fund comprehensive community programs for the prevention of driving while under the influence of intoxicating liquor or drugs or for other traffic safety purposes. The Municipal Court shall collect the fees and maintain the fees in separate funds and transfer the fees along with other funds collected by the Court per NMSA 178, § 35-14-7. The municipality shall maintain the fees pursuant to this subsection in separate funds and transfer the fees collected pursuant to this subsection to the Administrative Office of the Courts for credit to the crime laboratory fund and the traffic safety fund. (NMSA 1978, § 31-12-7 through 31-12-9)
[Amended 1-16-2013 by Ord. No. 12-20]
M.
With respect to this section and notwithstanding any provision of
law to the contrary, if an offender's sentence was suspended or deferred,
in whole or in part, and the offender violates any condition of probation,
the court may impose any sentence that the court could have originally
imposed and credit shall not be given for time served by the offender
on probation. (66-8-102 NMSA 1978)
N.
BODILY INJURY
COMMERCIAL MOTOR VEHICLE
(1)
(2)
(3)
(4)
CONVICTION
As used in this section and in § 12-6-12.1, the following terms shall have the meanings indicated:
An injury to a person not likely to cause death or great
bodily harm to the person, but does cause painful temporary disfigurement
or temporary loss or impairment of the functions of any member or
organ of the person's body.
A motor vehicle or combination of motor vehicles used in
commerce to transport passengers or property if the motor vehicle:
Has a gross combination weight rating of more than 26,000 pounds
inclusive of a towed unit with a gross vehicle weight rating of more
than 10,000 pounds;
Has a gross vehicle weight rating of more than 26,000 pounds;
Is designed to transport 16 or more passengers, including the
driver; or
Is of any size and is used in the transportation of hazardous
materials, which requires the motor vehicle to be placarded under
applicable law.
Adjudication of guilt and does not include imposition of
a sentence.
O.
A conviction pursuant to a municipal or county ordinance in New Mexico
or a law of any other jurisdiction, territory, or possession of the
United States or of a tribe where that ordinance is equivalent to
New Mexico law for driving while under the influence of intoxicating
liquor or drugs, prescribing penalties for driving while under the
influence of intoxicating liquor or drugs, shall be deemed to be a
conviction pursuant to this section for purposes of determining whether
a conviction is a second or subsequent conviction. (66-8-102.M NMSA
1978)
P.
A law enforcement officer making an arrest for a violation of the provisions of § 12-6-12.2 or of similar municipal or county ordinances shall use standard arrest reports and procedures developed and approved by the Department of Public Safety in accordance with Section 8 of Laws of 2005, Chapter 269.
A.
Any person who drives any vehicle carelessly and heedlessly in willful
or wanton disregard of the rights or safety of others and without
due caution and circumspection and at a speed or in a manner so as
to endanger or be likely to endanger any person or property is guilty
of reckless driving.
B.
Every person convicted of reckless driving shall be punished:
(1)
Upon a first conviction, by imprisonment for not less than five
days nor more than 90 days, or by a fine of not less than $25 nor
more than $100, or both; and
(2)
On a second or subsequent conviction, by imprisonment for not
less than 10 days nor more than 90 days, or by a fine of not less
than $50 nor more than $300, or both. (66-8-113 NMSA 1978)
A.
Any person operating a vehicle on the street shall give his full
time and entire attention to the operation of the vehicle.
B.
Any person who operates a vehicle in a careless, inattentive or imprudent
manner, without due regard for the width, grade curves, corners, traffic,
weather and road conditions and all other attendant circumstances
is guilty of careless driving. (66-8-114 NMSA 1978)
A.
Except those expressly exempted by NMSA 1978, § 66-5-4,
no person shall drive any motor vehicle or moped upon a street in
this municipality unless he holds a valid license issued under the
provisions of the New Mexico Motor Vehicle Code.
B.
Any person licensed under the provisions of the New Mexico Motor
Vehicle Code, or expressly exempted from licensure, may exercise the
privilege granted upon all streets and highways in this municipality.
(66-5-2 NMSA 1978)
C.
No person, whether a resident or nonresident of the State of New
Mexico, shall operate a motor vehicle or moped upon a street in this
municipality in violation of any restrictions with respect to the
type of, or special mechanical devices required on, a motor vehicle
which the licensee may operate or any other restrictions applicable
to the licensee. (*)
D.
Every licensee shall have his driver's license in his immediate possession
at all times when operating a motor vehicle or moped, and shall display
the same upon demand of a magistrate or police officer. However, no
person charged with violating this section shall be convicted if he
produces in court a driver's license theretofore issued to him and
valid at the time of his arrest. (66-5-16 NMSA 1978)
A.
No person shall:
(1)
Display or cause or permit to be displayed or have in his possession
any canceled, revoked or suspended driver's license or permit;
(2)
Lend his driver's license or permit to any other person or knowingly
permit the use thereof by another;
(3)
Display or represent as one's own any driver's license or permit
not issued to him;
(4)
Fail or refuse to surrender to the court, upon its lawful demand,
any driver's license or permit which has been suspended, revoked or
canceled;
(5)
Permit any unlawful use of driver's license or permit issued
to him; (66-5-37 NMSA 1978)
(6)
Drive a motor vehicle on any public street or highway at a time
when his privilege to do so is suspended or revoked and who knows
or should have known that his license was suspended or revoked. Upon
conviction, the person shall be punished by imprisonment for not less
than four days nor more than 90 days or participation for an equivalent
period of time in a certified alternative sentencing program, and
there may be imposed in addition a fine of not more than $500. When
a person pays any or all of the cost of participating in a certified
alternative sentencing program, the court may apply that payment as
a deduction to any fine imposed by the court. Notwithstanding any
other provision of law for suspension or deferment of execution of
sentence, if the person's privilege to drive was revoked for driving
under the influence of intoxicating liquor or drugs or a violation
of the Implied Consent Act, upon conviction under this section, that
person shall be punished by imprisonment for not less than seven consecutive
days and shall be fined not less than $300 or not more than $500,
and the fine and imprisonment shall not be suspended, deferred or
taken under advisement. No other disposition by plea of guilty to
any other charge in satisfaction of a charge under this section shall
be authorized if the person's privilege to drive was revoked for driving
under the influence of intoxicating liquor or drugs or a violation
of the Implied Consent Act. (66-5-39 NMSA 1978)
B.
In addition to any other penalties imposed pursuant to the provisions
of this section, when a person is convicted pursuant to the provisions
of this section, the motor vehicle the person was driving shall be
immobilized by an immobilization device for 30 days, unless immobilization
of the motor vehicle poses an imminent danger to the health, safety
or employment of the convicted person's immediate family or the family
of the owner of the motor vehicle. The convicted person shall bear
the cost of immobilizing the motor vehicle. (66-5-39 NMSA 1978)
No driver of a motor vehicle shall willfully fail or refuse
to bring his vehicle to a stop, or otherwise flee or attempt to elude
a pursuing police vehicle, when given visual or audible signal to
bring the vehicle to a stop.
No person driving or in charge of a motor vehicle shall permit
it to stand unattended without first stopping the engine, locking
the ignition, removing the key, and effectively setting the brake,
or placing the transmission in parking position thereon and, when
standing upon any grade, turning the front wheels in such a manner
that the vehicle will be held by the curb or will leave the street
if the brake fails. (66-7-353 NMSA 1978)
A.
The driver of a vehicle shall not back it:
(1)
Unless the movement can be made with reasonable safety and without
interfering with other traffic;
(2)
Upon any shoulder or roadway of any controlled-access street,
or upon the exit or entry road of any controlled-access street; (66-7-354
NMSA 1978)
(3)
Into an intersection or around a corner unless preceded by an
observer to safely direct the movement; or
(4)
From a private driveway into any street unless the movement
can be made with safety and without interfering with other traffic
on the street. (*)
B.
In no case shall a vehicle be backed more than 60 feet unless preceded
by an observer to safely direct the movement. (*)
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 driver's view ahead or to the sides, or to interfere with his
control over the driving mechanism of the vehicle. (66-7-357 NMSA
1978)
It is unlawful to operate in this municipality any motor vehicle
equipped with a television screen, of whatever type, 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 television is solely
used as an aid to the driver in the operation of the vehicle. As used
in this section "television screen" does not include closed circuit
monitors or computer terminal monitors used by law enforcement agencies
in law enforcement motor vehicles. (66-7-358 NMSA 1978)
The driver of any motor vehicle when traveling upon a down grade
shall not coast with the clutch disengaged. (66-7-360 NMSA 1978)
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 500 feet, or drive into or park such vehicle within
the block where fire apparatus has stopped in answer to a fire alarm.
(66-7-361 NMSA 1978)
No vehicle shall be driven over any unprotected hose of a Fire
Department when laid down on any street or private driveway, without
the consent of the Fire Department official in command. (66-7-362
NMSA 1978)
No vehicle shall at any time be driven through or within a safety
zone. (66-7-361 NMSA 1978)
No driver of a vehicle shall operate or be in control of a vehicle
on other than the portions of streets improved, designed and ordinarily
used for vehicular traffic, private roads, driveways or alleys in
this municipality, except as otherwise provided by this chapter or
as otherwise authorized or designated by the Administrator or his
designated representative. (*)
A.
No person shall drive any vehicle on or across a sidewalk or sidewalk
area except upon a permanent or duly authorized temporary driveway.
B.
No person shall drive on private property, except upon a permanent
or authorized temporary driveway or parking area, without the express
authorization of the owner, lessee or other person authorized by the
owner to control the use of the private property. (*)
No person shall:
(1)
Drive a vehicle while engaged in any activity which interferes
with the safe operation of the vehicle;
(2)
Drive while having in his lap any person, adult or minor, or
any animal;
(3)
Drive while seated in the lap of another person while the vehicle
is in motion;
(4)
Drive a vehicle while having either arm around another person;
or
(5)
Operate a motor vehicle's equipment, including but not limited
to the vehicle horn or lights, in such manner as to distract other
motorists on the public way or in such a manner as to disturb the
peace. (*)
(6)
It shall be unlawful for any person, except as otherwise provided
below, to operate a motor vehicle upon a public highway while using
a mobile telephone to engage in a call or create, send or read text
messages while such vehicle is in motion.[1]
(a)
ENGAGE IN A CALL
HAND-HELD MOBILE TELEPHONE
HANDS-FREE MOBILE TELEPHONE
IMMEDIATE PROXIMITY
MOBILE TELEPHONE
PERSONAL DIGITAL ASSISTANT
WIRELESS TELEPHONE SERVICE
The following definitions apply:
Talking into, dialing or listening on a hand-held mobile
telephone, but shall not include holding a mobile telephone to activate,
deactivate or initiate a function of such telephone.
A mobile telephone with which a user engages in a call using
at least one hand (or prosthetic device or aid in the case of a physically
disabled person).
A mobile telephone that has an internal feature or function,
or that is equipped with an attachment or addition, whether or not
permanently part of such mobile telephone, by which a user engages
in a call without the use of either hand (or prosthetic device or
aid in the case of a physically disabled person), whether or not the
use of either hand (or prosthetic device) is necessary to activate,
deactivate or initiate a function of such telephone.
An operator of a motor vehicle who holds a mobile telephone
to, or in the immediate proximity of, his or her ear while such vehicle
is in motion is presumed to be engaging in a call within the meaning
of this subsection. The presumption established by this subsection
is rebuttable by evidence tending to show that the operator was not
engaged in a call. Immediate proximity shall mean that distance as
permits the operator of a mobile telephone to hear telecommunications
transmitted over such mobile telephone, but shall not require physical
contact with such operator's ear.
The device used by subscribers and other users of wireless
telephone service to access such service and shall include personal
digital assistants.
A device operated using a wireless telecommunications service
that provides for data communication other than by voice.
Two-way real time voice telecommunications service that is
interconnected to a public switched telephone network and commonly
referred to as "cellular service" or "personal communication service."
(b)
The following shall not apply to:
(a.)
The use of a mobile telephone for the sole purpose
of communicating with any of the following regarding an emergency
situation: an emergency response operator; a hospital, physician's
office or health clinic; an ambulance company or corps; a fire department,
district or company; or a police department;
(b.)
Any law enforcement, public safety or police officers,
emergency service officials, first aid, emergency medical technicians
and personnel, or any fire safety officials in the performance of
duties arising out of and in the course of their employment as such;
or
(c.)
The use of a hands-free mobile telephone when
being used in a hands-free manner.
(c)
The penalty for a first conviction or plea of nolo contendere for
a violation of the above shall be $100. The penalty for all subsequent
convictions or pleas of nolo contendere for violation of the above
shall be $200.
A.
Unless written permission setting out pertinent conditions is obtained
from the Chief of the Municipal Police, and then only in accordance
with such conditions (*), no person shall drive a vehicle on a street
in any race, speed competition or contest, drag race or acceleration
contest, test of physical endurance, exhibition of speed or acceleration,
or for the purpose of making a speed record, whether or not the speed
is in excess of the maximum speed prescribed by law, and no person
shall in any manner participate in any such race, drag race, competition,
contest, test or exhibition.
B.
DRAG RACE
EXHIBITION DRIVING
RACE
As used in this section, the following terms shall have the meanings
indicated:
The operation of two or more vehicles from a point side by
side at accelerating speeds in a competitive attempt to outdistance
each other, or the operation of one or more vehicles over a common
selected course from the same point to the same point for the purpose
of comparing the relative speeds or power of acceleration of the vehicle
or vehicles within a certain distance or time limit.
Consists of intentionally fishtailing, peeling out, losing
traction, and burning of rubber while operating a motorcycle or motor-driven
cycle, includes intentionally operating the vehicle on a single tire
(commonly known as a "wheelie"); operating a vehicle from a standing
position; or operating the vehicle without at least one hand gripping
the handlebars. (*)
The use of one or more vehicles in a manner to outgain or
outdistance another vehicle, prevent another vehicle from passing,
arrive at a given destination ahead of another vehicle or test the
physical stamina or endurance of drivers over long-distance routes.
(66-8-115 NMSA 1978)
A.
No driver of a vehicle shall drive between the vehicles comprising
a funeral or other authorized procession while the procession is in
motion and when the vehicles in the procession are conspicuously designated
as required in this section. This provision shall not apply at intersections
where traffic is controlled by police officers.
B.
Each driver in a funeral or other procession shall drive as near
to the right-hand edge of the street as practicable and shall follow
the vehicle ahead as closely as is practicable and safe.
C.
A funeral composed of a procession of vehicles shall be identified
by the display upon the outside of each vehicle of a pennant or other
identifying insignia or by such other method as may be determined
and designated by the Traffic Division.
D.
No funeral, procession or parade containing 200 or more persons or
50 or more vehicles, except the Armed Forces of the United States,
the military forces of this state and the forces of the Police and
Fire Departments, shall occupy, march or proceed along any street
except in accordance with a permit issued by the Chief of Police and
such other regulations as are set forth herein which may apply. (*)
A.
The driver of a vehicle approaching a totally or partially blind
pedestrian who is carrying a cane predominantly white or metallic
in color, with or with out a red tip, or using a guide dog shall take
all necessary precautions to avoid injury to the blind pedestrian.
Any driver who fails to take necessary precautions shall be liable
in damages for any injury caused to the pedestrian.
B.
A totally blind or partially blind pedestrian not carrying a cane
or using a guide dog shall have all the rights and privileges conferred
by law on other persons, and the failure of a totally blind pedestrian
to carry a cane or to use a guide dog shall not be held to constitute
nor be evidence of contributory negligence. (28-7-4 NMSA 1978)
It is unlawful for the owner, or any other person employing
or otherwise directing the driver of any vehicle, to require or to
permit the operation of such vehicle upon a street in this municipality
in any manner contrary to this chapter. (66-8-121 NMSA 1978)
A.
No person shall cause or knowingly permit his child or ward under
the age of 18 years to drive a motor vehicle upon any street when
such minor is not authorized under state law or is in violation of
any of the provisions of the New Mexico Motor Vehicle Code. (66-5-40
NMSA 1978)
B.
No person shall authorize or knowingly permit a motor vehicle owned
by him or under his control to be driven upon any street by any person
who is not authorized under state law or is in violation of any of
the provisions of the New Mexico Motor Vehicle Code. (66-5-41 NMSA
1978)
Every person who commits, attempts to commit, conspires to commit
or aids or abets in the commission of any act declared herein to be
unlawful, whether individually or in connection with one or more other
persons or as a principal, agent or accessory, shall be guilty of
such offense, and every person who falsely, fraudulently, forcibly
or willfully induces, causes, coerces, requires, permits or directs
another to violate any provision of this chapter or of the Motor Vehicle
Code is likewise guilty of such offense. (66-8-120 NMSA 1978)
A.
No owner or person in control of a motor vehicle shall permit it
to be driven or operated by any person who is a habitual user of narcotic
drugs or by any person who is under the influence of intoxicating
liquor, narcotic drugs or any other drug to a degree which renders
him incapable of safely driving the vehicle.
B.
No person under the influence of intoxicating liquor, narcotic drug
or other drug to a degree which renders him incapable of driving safely
shall start or attempt to operate a vehicle. (*)
A.
No person shall ride or permit another person to ride in or on any
portion of a vehicle not designated or intended for the use of passengers.
B.
This provision shall not apply to any employee engaged in the necessary
discharge of a duty or to persons riding within truck bodies in space
intended for merchandise. (*)
No person shall leave any type of trailer unhitched upon a street.
(*)
A.
No person shall individually or in association with one or more others
do any of the following:
(1)
Purposely, and without authority from the owner, start or cause
to be started the engine of any motor vehicle;
(2)
Purposely and maliciously shift or change the starting device
or gears of a standing motor vehicle to a position other than that
in which they were left by the owner or driver of said motor vehicle;
(3)
Purposely scratch or damage the chassis, running gear, body,
sides, tip covering or upholstering of a motor vehicle which is the
property of another;
(4)
Purposely destroy any part of a motor vehicle or purposely cut,
mash, mark, or in any other way destroy or damage any part, attachment,
fastening or appurtenance of a motor vehicle, without the permission
of the owner;
(5)
Purposely drain or start the drainage of any radiator, oil tank
or gas tank upon a motor vehicle, without the permission of the owner;
(6)
Purposely put any metallic or other substance or liquid in the
radiator, carburetor, oil tank, grease cup, oilers, lamps, gas tanks
or machinery of the motor vehicle with the intent to injure or damage
the same or impede the working of the machinery thereof;
(7)
Maliciously tighten or loosen any bracket, bolt, wire, nut,
screw or other fastening on a motor vehicle; or
(8)
Purposely release the brake upon a standing motor vehicle with
the intent to injure said machine. (66-3-506 NMSA 1978)
B.
The foregoing provisions shall not apply to a police officer or member
of the Fire Department or street maintenance department who in discharge
of his duty legally moves or causes to be moved any unattended vehicle,
nor to any person who moves the vehicle at the direction of or in
compliance with orders from a police officer or member of the Fire
Department or street maintenance department who in the discharge of
his duties legally orders or directs the moving of the unattended
vehicle. (*)
A.
No person shall throw or deposit upon any street any glass bottle,
glass, nails, tacks, wire, cans or any other substance likely to injure
any person, animal or vehicle upon such street.
B.
Any person who drops, or permits to be dropped or thrown, upon any
street any destructive or injurious material shall immediately remove
the same or cause it to be removed.
C.
Any person removing a wrecked or damaged vehicle from a street shall
remove any glass or other injurious substance dropped upon the street
from such vehicle. (66-7-364 NMSA 1978)
D.
No vehicle shall be driven or moved on any street unless such vehicle
is so constructed or loaded as to prevent any of its load from dropping,
sifting, leaking, or otherwise escaping therefrom, except that sand
may be dropped for the purpose of securing traction, or water or other
substance may be sprinkled on a street in cleaning or maintaining
such street.
E.
No person shall operate on any street any vehicle or combination
of vehicles with any load unless said load and any covering thereon
is securely fastened so as to prevent said covering or load from becoming
loose, detached, or in any manner a hazard to other users of the street.
(66-7-407 NMSA 1978)
No person or corporation shall direct the operation of or operate
any railroad train or bus in such manner to prevent the use of any
street for purposes of travel for a period of time longer than five
minutes. (*)
No person shall:
(1)
Open the door of a vehicle on the side near moving traffic unless
it is reasonably safe to do so and the door can be opened without
interfering with the movement of traffic; or
(2)
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. (66-7-367 NMSA 1978)
No person shall:
A.
It is unlawful for any person, during the hours of darkness, to ride
a horse or other animal upon the traveled portion of any street which
is normally used by motor vehicles.
B.
It is unlawful for any person negligently to permit livestock to
wander or graze upon any fenced street at any time or, during the
hours of darkness, to drive livestock along or upon any street which
is normally used by motor vehicles.
C.
Owners of livestock ranging in pastures through which unfenced roadways
pass shall not be liable for damages by reason of injury or damage
to persons or property occasioned by collisions of vehicles using
said roadways and livestock or animals ranging in said pastures unless
such owner of livestock is guilty of specific negligence other than
allowing his animals to range in said pasture. (66-7-363 NMSA 1978)
The driver of a motor vehicle traveling through defiles or canyons
or on mountain streets shall hold such motor vehicle under control
and as near the right-hand edge of the street as reasonably possible.
(66-7-359 NMSA 1978)
A.
A person shall not operate a passenger car, van or pickup truck in
this state, except for an authorized emergency vehicle, public transportation
or school bus, unless all passengers less than 18 years of age are
properly restrained.
B.
Each person less than 18 years of age shall be properly secured in
a child passenger restraint device or by a seat belt, unless all seating
positions equipped with seat belts are occupied, as follows:
(1)
Children less than one year of age shall be properly secured
in a rear-facing child passenger restraint device that meets federal
standards, in the rear seat of a vehicle that is equipped with a rear
seat. If the vehicle is not equipped with a rear seat, the child may
ride in the front seat of the vehicle if the passenger-side air bag
is deactivated or if the vehicle is not equipped with a deactivation
switch for the passenger-side air bag;
(2)
Children one year of age through four years of age, regardless
of weight, or children who weigh less than 40 pounds, regardless of
age, shall be properly secured in a child passenger restraint device
that meets federal standards;
(3)
Children five years of age through six years of age, regardless
of weight, or children who weigh less than 60 pounds, regardless of
age, shall be properly secured in either a child booster seat or an
appropriate child passenger restraint device that meets federal standards;
and
(4)
Children seven years of age through 12 years of age shall be
properly secured in a child passenger device or by a seat belt.
C.
A child is properly secured in an adult seat belt when the lap belt
properly fits across the child's thighs, hips, and not the abdomen.
The shoulder strap shall cross the center of the child's chest and
not the neck, allowing the child to sit all the way back against the
vehicle seat with knees bent over the seat edge.
D.
Failure to be secured by a child passenger restraint device or by
a safety belt as required by this section shall not in any instance
constitute fault or negligence and shall not limit or apportion damages.
(66-7-369 NMSA 1978)
E.
Failure to be secured by a child passenger restraint device or by
a safety belt as required by this section shall not in any instance
constitute fault or negligence and shall not limit or apportion damages.
(66-7-369 NMSA 1978)
A.
Except as provided by § 12-6-13.12 and in Subsection B of this section, each occupant of a motor vehicle having a gross vehicle weight of 10,000 pounds or less manufactured with safety belts in compliance with Federal Motor Vehicle Safety Standard No. 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 10,000 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. (66-7-372 NMSA 1978)
C.
Each person violating § 12-6-13.13A shall be fined an amount not less than $25 or more than $50, including court costs.
D.
Failure to be secured by a child passenger restraint device or by
a safety belt as required in this section shall not in any instance
constitute fault or negligence and shall not limit or apportion damages.
E.
The provisions of this section shall be enforced whether or not associated
with the enforcement of any other statute. (66-7-373 NMSA 1978)
A.
No person shall knowingly drink any alcoholic beverage while in a
motor vehicle upon any street within this municipality.
B.
No person shall have in his possession on his person, while in a
motor vehicle upon any street within this municipality, any bottle,
can or other receptacle containing any alcoholic beverage which has
been opened or had its seal broken or the contents of which have been
partially removed.
C.
It is unlawful for the registered owner of any motor vehicle to knowingly
keep or allow to be kept in a motor vehicle, when the vehicle is upon
any street within this municipality, any bottle, can or other receptacle
containing any alcoholic beverage which has been opened or had its
seal broken or the contents of which have been partially removed,
unless the container is kept in:
(1)
The trunk of the vehicle or in some other area of the vehicle
not normally occupied by the driver or passengers if the vehicle is
not equipped with a trunk;
(2)
The living quarters of a motor home or recreational vehicle;
(3)
A truck camper;
(4)
The bed of a pickup truck when the bed is occupied by passengers.
|
A utility or glove compartment shall be deemed to be within
the area occupied by the driver and passengers. This section does
not apply to the driver or owner of or any passenger in a bus, taxicab
or limousine for hire licensed to transport passengers pursuant to
the Motor Carrier Act or proper legal authority.
|
D.
The provisions of this section do not apply to:
(1)
Any person who, upon the recommendation of a doctor, carries
alcoholic beverages in that person's motor vehicle for medicinal purposes;
(2)
Any clergyman or his agent who carries alcoholic beverages for
religious purposes in the clergyman's or his agent's motor vehicle;
or
(3)
Any person who is employed by a person licensed by the Alcoholic
Beverage Control Act, while discharging his duties as an employee.
(66-8-138)
E.
Penalties.
(1)
Whoever is guilty of a second or subsequent violation of any
provision of this chapter shall be sentenced pursuant to this code.
(2)
In addition to any other penalty or disposition ordered pursuant to law, upon conviction for a second or subsequent violation of the provisions of § 12-6-13.14, the convicted person shall have his driver's license revoked for a period of three months upon a second violation and for one year upon a third or subsequent violation. (66-8-139 NMSA 1978)
F.
"Alcoholic beverages" defined. As used in this chapter "alcoholic
beverages" means distilled or rectified spirits, potable alcohol,
brandy, whisky, rum, gin, aromatic bitters bearing the federal internal
revenue strip stamps or any similar alcoholic beverage, including
all blended or fermented beverages, dilutions or mixtures of one or
more of the foregoing containing more than 1/2 of 1% alcohol but excluding
medicinal bitters. (66-1-4.1 NMSA 1978)
Pedestrians shall be subject to traffic-control signals at intersections as provided in § 12-5-6, but at all other places pedestrians shall be accorded the privileges and shall be subject to the restrictions provided in this chapter. (66-7-333 NMSA 1978)
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 street
within a crosswalk when the pedestrian is upon the half of the street
upon which the vehicle is traveling, or when the pedestrian is approaching
so closely from the opposite half of the street as to be in danger.
B.
No pedestrian shall suddenly leave a curb or other place of safety
and walk or run into the path of a vehicle which is so close that
it is impossible for the driver to yield.
D.
Whenever any vehicle is stopped at a marked crosswalk or at any unmarked
crosswalk at an intersection to permit a pedestrian to cross the street,
the driver of any other vehicle approaching from the rear shall not
overtake and pass such stopped vehicle. (66-7-334 NMSA 1978)
Pedestrians shall move, whenever practicable, upon the right
half of crosswalks. (66-7-338 NMSA 1978)
A.
Every pedestrian crossing a street at any point other than within
a marked crosswalk or within an unmarked crosswalk at an intersection
shall yield the right-of-way to all vehicles upon the street.
B.
Any pedestrian crossing a street at a point where a pedestrian tunnel
or overhead pedestrian crossing has been provided shall yield the
right-of-way to all vehicles upon the street.
C.
Between adjacent intersections at which traffic-control signals are
in operation pedestrians shall not cross at any place except in a
marked crosswalk. (66-7-335 NMSA 1978)
D.
No pedestrian shall cross a street intersection diagonally unless
authorized by official traffic-control devices, and, when authorized
to cross diagonally, pedestrians shall cross only in accordance with
the official traffic-control devices pertaining to such crossing movements.
(*)
A.
Where sidewalks are provided it shall be unlawful for any pedestrian
to walk along and upon an adjacent street.
B.
Where sidewalks are not provided any pedestrian walking along and
upon a street shall, when practicable, walk only on the left side
of the street or its shoulder facing traffic which may approach from
the opposite direction. (66-7-339 NMSA 1978)
A.
No person shall stand in a street 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 for the purpose
of soliciting the watching or guarding of any vehicle while parked
or about to be parked on a street. (66-7-340 NMSA 1978)
A.
No pedestrian shall enter or remain upon any bridge or approach thereto
beyond the bridge signal, gate or barrier after a bridge operation
signal indication has been given.
B.
No pedestrian shall pass through, around, over or under any crossing
gate or barrier at a railroad grade crossing or bridge while the gate
or barrier is closed or is being opened or closed. (*)
Notwithstanding the foregoing provisions of this chapter, every
driver of a vehicle shall exercise due care to avoid colliding with
any pedestrian upon any street 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
street. (66-7-337 NMSA 1978)
A.
As used in this section, "electric personal assistive mobility device"
means a self-balancing device having two nontandem wheels designed
to transport a single person by means of an electric propulsion system
with an average power of one horsepower and with a maximum speed on
a paved level surface of less than 20 miles per hour when powered
solely by its propulsion system and while being ridden by an operator
who weighs 170 pounds.
B.
An electric personal assistive mobility device shall be equipped
with:
(1)
Front, rear and side reflectors;
(2)
A braking system that enables the operator to bring the device
to a controlled stop; and
(3)
If operated at any time from 1/2 hour after sunset to 1/2 hour
before sunrise, a lamp that emits a white light that sufficiently
illuminates the area in front of the device.
C.
The Director of the Traffic Safety Bureau of the State Department
of Transportation shall by rule prescribe motor vehicle safety standards
applicable to electric personal assistive mobility devices.
D.
An operator of an electric personal assistive mobility device traveling
on a sidewalk, roadway or bicycle path shall have the rights and duties
of a pedestrian, and shall exercise due care to avoid colliding with
pedestrians. An operator shall yield the right-of-way to pedestrians.
E.
Except as provided in this section, no other provisions of this chapter
shall apply to electric personal assistive mobility devices.
F.
An operator who violates a provision of Subsection B, C or D of this section shall receive a warning for the first offense. For a second offense, the operator shall be punished by a fine of $10. For a third or subsequent offense, in addition to the fine, the electric personal assistive mobility device shall be impounded for up to 30 days.
G.
This section does not apply to personal assistive mobility devices
used by persons with disabilities. (66-3-1102 NMSA 1978)
As used in §§ 12-6-17 through 12-5-17.10, the following terms shall have the meanings indicated:
An injury to a person that is not likely to cause death or
great bodily harm to the person, but does cause painful temporary
disfigurement or temporary loss or impairment of the functions of
any member or organ of the person's body.
An adjudication of guilt and does not include imposition
of a sentence.
Any boat, personal watercraft or other type of vessel propelled
by machinery, whether or not machinery is the principle source of
propulsion. "Motorboat" includes a vessel propelled or designed to
be propelled by a sail, but does not include a sailboard or a windsurf
board. "Motorboat" does not include a houseboat or any other vessel
that is moored on the water, but not moving on the water.
To physically handle the controls of a motorboat that is
moving on the water.
A.
It is unlawful for a person who is under the influence of intoxicating
liquor to operate a motorboat.
B.
It is unlawful for a person who is under the influence of any drug
to a degree that renders him incapable of safely operating a motorboat
to operate a motorboat.
C.
It is unlawful for a person who has an alcohol concentration of 0.08
or more in his blood or breath to operate a motorboat.
D.
Aggravated boating while under the influence of intoxicating liquor
or drugs consists of a person who:
E.
Every person under first conviction pursuant to this section shall
be punished, notwithstanding the provisions of NMSA 1978, § 31-18-13,
by imprisonment for not more than 90 days or by a fine of not more
than $500, or both, provided that if the sentence is suspended in
whole or in part or deferred, the period of probation may extend beyond
90 days but shall not exceed one year. The offender shall be ordered
by the court to attend a boating safety course approved by the National
Association of State Boating Law Administrators. An offender ordered
by the court to attend a boating safety course shall provide the court
with proof that the offender successfully completed the course within
seven months of his conviction or prior to completion of his probation,
whichever period of time is less. In addition to those penalties,
when an offender commits aggravated boating while under the influence
of intoxicating liquor or drugs, the offender shall be sentenced to
not less than 48 consecutive hours in jail and may be fined not more
than $750. On a first conviction under this section, any time spent
in jail for the offense prior to the conviction for that offense shall
be credited to any term of imprisonment fixed by the court. A deferred
sentence pursuant to this subsection shall be considered a first conviction
for the purpose of determining subsequent convictions.
F.
A second or subsequent conviction pursuant to this section shall
be punished, notwithstanding the provisions of NMSA 1978, § 31-18-13,
by imprisonment for not more than 364 days or by a fine of not more
than $750, or both, provided that if the sentence is suspended in
whole or in part, the period of probation shall not exceed one year.
In addition to those penalties, when an offender commits aggravated
boating while under the influence of intoxicating liquor or drugs,
the offender shall be sentenced to not less than 48 consecutive hours
in jail and may be fined not more than $1,000.
When a complaint or information alleges a violation of § 12-6-17.2 any plea of guilty thereafter entered in satisfaction of the charges shall include at least a plea of guilty to the violation of one of the subsections of § 12-6-17.2, and no other disposition by plea of guilty to any other charge in satisfaction of the charge shall be authorized if the results of a test performed pursuant to that act disclose that the blood or breath of the person charged contains an alcohol concentration of 0.08 or more.
Only a physician, licensed professional or practical nurse or
laboratory technician or technologist employed by a hospital or physician
shall withdraw blood from a person in the performance of a blood-alcohol
or drug test. A physician, nurse, technician or technologist who withdraws
blood from a person in the performance of a blood-alcohol or drug
test that has been directed by a law enforcement officer, or by a
judicial or probation officer, shall not be held liable in a civil
or criminal action for assault, battery, false imprisonment or any
conduct of a law enforcement officer, except for negligence, nor shall
a person assisting in the performance of the test, or a hospital wherein
blood is withdrawn in the performance of the test, be subject to civil
or criminal liability for assault, battery, false imprisonment or
any conduct of a law enforcement officer, except for negligence.
Nothing in this chapter is intended to authorize a law enforcement
officer, or a judicial or probation officer, to make an arrest or
direct the performance of a blood-alcohol or drug test, except in
the performance of his official duties or as otherwise authorized
by law.
A.
A person who operates a motorboat within this state shall be deemed
to have given consent, subject to the provisions of the Boating While
Intoxicated Act,[1] to chemical tests of his blood or breath or both, approved
by the Scientific Laboratory Division of the Department of Health
pursuant to the provisions of NMSA 1978, § 24-1-22, as determined
by a law enforcement officer, or for the purposes of determining the
drug or alcohol content of his blood if arrested for any offense arising
out of acts alleged to have been committed while the person was operating
a motorboat while under the influence of an intoxicating liquor or
drug.
[1]
Editor's Note: See NMSA 1978, § 66-13-1 et seq.
B.
The arrested person shall be advised by a law enforcement officer
that failure to submit to a chemical test may be introduced into evidence
in court and that the court, upon conviction, may impose increased
penalties for the person's failure to submit to a chemical test.
C.
A test of blood or breath, or both, approved by the Scientific Laboratory
Division of the Department of Health pursuant to the provisions of
NMSA 1978, § 24-1-22, shall be administered at the direction
of a law enforcement officer having reasonable grounds to believe
the person to have been operating a motorboat while under the influence
of an intoxicating liquor or drug.
D.
A person who operates a motorboat in this state and who is involved
in a fatal boating incident shall be deemed to have given consent,
subject to the provisions of the Boating While Intoxicated Act, to
mandatory chemical tests of his blood or breath, or both, as determined
by a law enforcement officer and approved by the Scientific Laboratory
Division of the Department of Health pursuant to the provisions of
NMSA 1978, § 24-1-22.
A person who is dead, unconscious or otherwise in a condition
rendering him incapable of refusal shall be deemed not to have withdrawn
the consent provided by the Boating While Intoxicated Act,[1] and the test designated by the law enforcement officer
may be administered.
[1]
Editor's Note: See NMSA 1978, § 66-13-1 et seq.
B.
The person tested shall be advised by the law enforcement officer
of the person's right to be given an opportunity to arrange for a
physician, licensed professional or practical nurse or laboratory
technician or technologist who is employed by a hospital or physician
of his own choosing to perform a chemical test in addition to a test
performed at the direction of a law enforcement officer.
C.
Upon the request of the person tested, full information concerning
the test performed at the direction of the law enforcement officer
shall be made available to him as soon as it is available from the
person performing the test.
D.
The agency represented by the law enforcement officer at whose direction
the chemical test is performed shall pay for the chemical test.
E.
If a person exercises his right under Subsection B of this section to have a chemical test performed upon him by a person of his own choosing, the cost of that test shall be paid by the agency represented by the law enforcement officer at whose direction a chemical test was administered pursuant to § 12-6-17.6.
A.
The results of a test performed pursuant to the Boating While Intoxicated
Act[1] may be introduced into evidence in a civil action or criminal
action arising out of the acts alleged to have been committed by the
person tested for operating a motorboat while under the influence
of intoxicating liquor or drugs.
[1]
Editor's Note: See NMSA 1978, § 66-13-1 et seq.
B.
When the blood or breath of the person tested contains:
(1)
An alcohol concentration of 0.05 or less, it shall be presumed
that the person was not under the influence of intoxicating liquor;
or
(2)
An alcohol concentration of more than 0.05 but less than 0.08,
no presumption shall be made that the person either was or was not
under the influence of intoxicating liquor. However, the amount of
alcohol in the person's blood or breath may be considered with other
competent evidence in determining whether the person was under the
influence of intoxicating liquor.
C.
When the blood or breath of the person tested contains an alcohol
concentration of 0.08 or more, the arresting officer shall charge
him with a violation of § 12-7-17.2.
D.
The determination of alcohol concentration shall be based on the
grams of alcohol in 100 milliliters of blood or the grams of alcohol
in 210 liters of breath.
E.
The alcohol concentration in a person's blood or breath shall be
determined by a chemical test administered to the person within three
hours of the alleged boating while under the influence of intoxicating
liquor. In a prosecution pursuant to the provisions of the Boating
While Intoxicated Act, it is a rebuttable presumption that a person
is in violation of the provisions of that Act if he has an alcohol
concentration of 0.08 or more in his blood or breath as determined
by a chemical test administered to the person within three hours of
the alleged boating while under the influence of intoxicating liquor.
If the chemical test is administered more than three hours after the
alleged boating while under the influence of intoxicating liquor,
the test result is admissible as evidence of the alcohol concentration
in the person's blood or breath at the time of the alleged boating
and the trier of fact shall determine what weight to give the test
result.
F.
The presumptions in Subsection B of this section do not limit the introduction of other competent evidence concerning whether the person was under the influence of intoxicating liquor.
G.
If a person is convicted of operating a motorboat while under the
influence of intoxicating liquor or drugs, the trial judge shall be
required to inquire into past convictions of the person for operating
a motorboat while under the influence of intoxicating liquor or drugs
before sentence is entered in the matter.
A.
A person convicted of a violation of the Boating While Intoxicated
Act[1] shall be assessed by the court, in addition to any other
fee or fine, a fee of $65 to defray the costs of chemical and other
tests used to determine the influence of intoxicating liquor or drugs.
[1]
Editor's Note: See NMSA 1978, § 66-13-1 et seq.
B.
All fees collected pursuant to the provisions of this section shall
be transmitted monthly to the crime laboratory fund. All balances
in the crime laboratory fund collected pursuant to this section are
appropriated to the Administrative Office of the Courts for payment
upon invoice to the Scientific Laboratory Division of the Department
of Health for the costs of chemical and other tests used to determine
the influence of intoxicating liquor or drugs.
C.
Payment of funds out of the crime laboratory fund of fees collected
pursuant to this section shall be made upon vouchers issued and signed
by the Director of the Administrative Office of the Courts upon warrants
drawn by the Department of Finance and Administration.
