A.
Except as otherwise provided in this section, it is a misdemeanor for any person to drive or move, or for the owner to cause or permit to be driven or moved, on any street, any vehicle, or combination of vehicles, which is in such unsafe condition as to endanger any person, or which does not contain those parts, or is not at all times equipped with such lamps and other equipment, in proper condition and adjustment, as is required by §§ 12-10-1.1 through 12-10-1.51, or which is equipped in any manner that is in violation of those sections, or for any person to do any act forbidden, or fail to perform any act required under those sections.
B.
Nothing contained in §§ 12-10-1.1 through 12-10-1.51 shall be construed to prohibit the use of additional parts and accessories on any vehicle which are not inconsistent with the provisions of such sections.
C.
The provisions of §§ 12-10-1.1 through 12-10-1.51, with respect to equipment on vehicles, shall not apply to implements of husbandry, road machinery, road rollers or farm tractors, except as made applicable in those sections. (66-3-801 NMSA 1978)
A.
No person shall drive or move on any street any motor vehicle, trailer,
semitrailer, or pole trailer, or any combination thereof unless the
equipment upon any and every said vehicle is in good working order
and adjustment as required in this chapter, and said vehicle is in
such safe mechanical condition as not to endanger the driver or other
occupant or any person upon the street. (66-3-901 NMSA 1978)
B.
Any police officer may at any time when having reasonable cause to
believe that any vehicle is unsafe, or not equipped as required by
this chapter, or that its equipment is not in proper adjustment or
repair, require the driver of the vehicle to stop and submit the vehicle
to inspection and tests as may be appropriate and reasonable. (*)
Every vehicle upon a street within this municipality at any
time from a half-hour after sunset to a half-hour before sunrise and
at any other time when there is not sufficient light to render clearly
discernible persons and vehicles on the street at a distance of 500
feet ahead shall display lighted lamps and illuminating devices as
hereinafter respectively required for different classes of vehicles,
subject to exceptions with respect to parked vehicles as hereinafter
stated. (66-3-802 NMSA 1978)
A.
Whenever requirement is hereinafter declared as to the distance from which certain lamps and devices shall render objects visible or within which such lamps or devices shall be visible, said provisions shall apply during the times stated in § 12-10-1.3 in respect to a vehicle without load when upon a straight, level, unlighted street under normal atmospheric conditions unless a different time or condition is expressly stated.
B.
Whenever requirement is hereinafter declared as to the mounted height
of lamps or devices it shall mean from the center of such lamp or
device to the level ground upon which the vehicle stands when such
vehicle is without a load. (66-3-803 NMSA 1978)
A.
Every motor vehicle, other than a motorcycle or motor-driven cycle,
shall be equipped with at least two headlamps with at least one on
each side of the front of the motor vehicle, which headlamps shall
comply with the requirements and limitations set forth in this chapter.
B.
Every motorcycle and every motor-driven cycle shall be equipped with
at least one and not more than two headlamps which shall comply with
the requirements and limitations of this chapter.
C.
Every headlamp upon every motor vehicle, including every motorcycle and motor-driven cycle, shall be located at a height measured from the center of the headlamp of not more than 54 inches nor less than 20 inches to be measured as set forth in § 12-10-1.4B. The provisions of this subsection shall apply only to new motor vehicles sold after July 1, 1953. (66-3-804 NMSA 1978)
E.
No headlight shall emit a glaring or dazzling light. (66-3-828 NMSA
1978)
A.
Whenever a motor vehicle meets another motor vehicle on any street
during nighttime when headlights are in use, the driver of the vehicle
shall, when within 500 feet of the other vehicle, dim or tilt the
beams of the headlights downward.
B.
The driver of any motor vehicle in any business district at nighttime
when headlights are required shall keep headlights dimmed.
C.
Whenever the driver of a motor vehicle overtakes another vehicle
proceeding in the same direction or follows another vehicle proceeding
in the same direction or follows another vehicle proceeding in the
same direction within 200 feet at nighttime when headlights are required,
the driver shall dim or tilt the beam of the headlights downward.
(*)
A.
Every motor vehicle, trailer, semitrailer, and pole trailer, and
any other vehicle which is being drawn at the end of a train of vehicles,
shall be equipped with at least one tail lamp mounted on the rear,
which, when lighted as hereinbefore required, shall emit a red light
plainly visible from a distance of 500 feet to the rear, provided
that in the case of a train of vehicles only the tail lamp on the
rearmost vehicle need actually be seen from the distance specified.
And further, every such above-mentioned vehicle, other than a truck
tractor, registered in this state and manufactured or assembled after
July 1, 1953, shall be equipped with at least two tail lamps mounted
on the rear, which when lighted as herein required shall comply with
the provisions of this section.
B.
Every tail lamp upon every vehicle shall be located at a height of
not more than 72 inches nor less than 20 inches.
C.
Either a tail lamp or a separate lamp shall be so constructed and
placed as to illuminate with a white light the rear registration plate
and render it clearly legible from a distance of 50 feet to the rear.
Any tail lamp or tail lamps, together with any separate lamp for illuminating
the rear registration plate, shall be so wired as to be lighted whenever
the headlamps or auxiliary driving lamps are lighted. (66-3-805 NMSA
1978)
D.
No tail lamp shall emit a glaring or dazzling light. (66-3-828 NMSA
1978)
A.
Every new motor vehicle hereafter sold and operated upon a street,
other than a truck tractor, shall carry on the rear, either as a part
of the tail lamps or separately, two red reflectors, except that every
motorcycle and every motor-driven cycle shall carry at least one reflector,
meeting the requirements of this section.
B.
Every such reflector shall be mounted on the vehicle at a height not less than 20 inches nor more than 60 inches measured as set forth in § 12-10-1.4B, and shall be of such size and characteristics and so mounted as to be visible at night from all distances within 300 feet to 50 feet from such vehicle when directly in front of lawful upper beams of headlamps. (66-3-806 NMSA 1978)
A.
From and after January 1, 1954, it shall be unlawful for any person to sell any new motor vehicle, including any motorcycle or motor-driven cycle, in this municipality or for any person to drive such vehicle on the streets unless it is equipped with at least one stop lamp meeting the requirements of Subsection C(1).
B.
No person shall sell or offer for sale or operate on the streets any motor vehicle, trailer, semitrailer or house trailer registered in this state which was manufactured or assembled after January 1, 1954, unless it is equipped with mechanical or electric turn signals meeting the requirements of Subsection C(2). This subsection shall not apply to any motorcycle or motor-driven cycle. (66-3-807 NMSA 1978)
C.
Any motor vehicle, trailer, semitrailer and house trailer may be
equipped and when required under this chapter shall be equipped with
the following stop lamps, signal lamps, or signal devices:
(1)
Stop lamp or stop lamps on the rear which shall emit a red,
amber or yellow light and which shall be actuated upon application
of the service brakes and which may but need not be incorporated with
one or more other rear lamps; and
(2)
Lamp or lamps or mechanical signal device capable of clearly
indicating any intention to turn either to the right or to the left
and which shall be visible both from the front and rear.
D.
Every stop lamp shall be plainly visible and understandable from
a distance of 100 feet to the rear both during normal sunlight and
nighttime and a signal lamp or lamps indicating intention to turn
shall be visible and understandable during daytime and nighttime from
a distance of 100 feet both to the front and rear. When a vehicle
is equipped with a stop lamp or other signal lamps, such lamp or lamps
shall at all times be maintained in good working condition. No stop
lamp or signal lamp shall project a glaring or dazzling light.
A.
Every motor vehicle shall at all times be equipped with a muffler
in good working order and in constant operation to prevent excessive
or unusual noise, and no person shall use a muffler cutout, bypass,
or similar device upon a motor vehicle on a street in this municipality.
B.
The muffler, emission control equipment or device, engine and power
mechanism of every motor vehicle shall be so equipped and adjusted
as to prevent the escape of excessive fumes or smoke.
C.
Every registered gasoline-fueled motor vehicle manufactured or assembled,
commencing with the 1968 models, shall at all times be equipped and
maintained in good working order with the factory-installed devices
and equipment or their replacements designed to prevent, reduce or
control exhaust emissions or air pollution. (66-3-844 NMSA 1978)
A.
Whenever the load upon any vehicle extends to the rear four feet or more beyond the bed or body of such vehicle there shall be displayed at the extreme rear end of the load, at the times specified in § 12-10-1.3 hereof, a red light or lantern plainly visible from a distance of at least 500 feet to the sides and rear. The red light or lantern required under this section shall be in addition to the red rear light required upon every vehicle. At any other time there shall be displayed at the extreme rear end of such load a red flag or cloth not less than 12 inches square and so hung that the entire area is visible to the driver of a vehicle approaching from the rear.
B.
If any part of a vehicle, or any load thereon, or any mechanical device, whether a temporary or permanent part of the vehicle, extends beyond the front bumpers thereof the extreme front corners of such projection shall at the times specified in § 12-10-1.3 be indicated by amber lights or lanterns visible from a distance of at least 500 feet to the sides and front. (66-3-824 NMSA 1978)
A.
No person shall drive any motor vehicle with any sign, poster or
other nontransparent material upon or in the front windshield, windows
to the immediate right and left of the driver or in the rear-most
window if the latter is used for driving visibility except as provided
in § 12-10-1.12A. The rear-most window is not necessary
for driving visibility where outside rear-view mirrors are attached
to the vehicle.
B.
The windshield on every motor vehicle, except a motorcycle, shall
be equipped with a device for cleaning rain, snow or other moisture
from the windshield, which device shall be so constructed as to be
controlled or operated by the driver of the vehicle.
C.
Every windshield wiper upon a motor vehicle shall be maintained in
good working order. (66-3-846 NMSA 1978)
A.
A person shall not operate on any street or highway a motor
vehicle that is registered or required to be registered in this state
if that motor vehicle has a sun screening material on the windshield
or any window that does not comply with the requirements of this section.
B.
Except as otherwise provided in this section, a sun screening
material:
(1)
When used in conjunction with the windshield, shall be nonreflective,
shall not be red, yellow or amber in color and shall be used only
along the top of the windshield, not extending downward beyond the
ASI line or more than five inches from the top of the windshield,
whichever is closer to the top of the windshield; and
(2)
When used in conjunction with the safety glazing materials of
the side wings or the side windows located at the immediate right
and left of the driver, the side windows behind the driver and the
rearmost window shall be nonreflective, shall have a light transmission
of not less than 20% and shall be used only on the windows of a motor
vehicle equipped with one right and one left outside rearview mirror.
C.
Each manufacturer shall:
(1)
Certify to the Division that a sun screening material used by
that manufacturer is in compliance with the nonreflectivity and light
transmission requirements of this section;
(2)
Provide a label not to exceed 1 1/2 square inches in size
that:
(a)
Is installed permanently and legibly between the
sun screening material and each glazing surface to which it is applied;
(b)
Contains the manufacturer's name, the date the
sun screening material was manufactured and the percentage of light
transmission; and
(c)
Is placed in the left lower corner of each glazing
surface when facing the motor vehicle from the outside; and
(3)
Include instructions with the sun screening material for proper
installation, including the affixing of the label specified in this
subsection.
D.
No person shall:
(1)
Offer for sale or for use any sun screening material for motor
vehicle use not in compliance with this section; or
E.
The provisions of this section do not apply to a motor vehicle
registered in this state in the name of a person, or the person's
legal guardian, who has an affidavit signed by a physician or an optometrist
licensed to practice in this state that states that the person has
a physical condition that makes it necessary to equip the motor vehicle
with sun screening material that is in violation of this section.
The affidavit shall be in the possession of the person with such a
physical condition, or the person's legal guardian, at all times while
being transported in the motor vehicle.
F.
The light transmission requirement of this section does not
apply to windows behind the driver on truck tractors, buses, recreational
vehicles, multipurpose passenger vehicles and motor homes. The provisions
of this section shall not apply to motor vehicle glazing which complies
with federal motor vehicle standards.
G.
The provisions of this section do not apply to motor vehicles
that have sun screening material on the windshield or any window prior
to 1997.
H.
LIGHT TRANSMISSION
MANUFACTURER
NONREFLECTIVE
SUN SCREENING MATERIAL
As used in this section, the following terms shall have the
meanings indicated:
The ration of the amount of total light that passes through
a product or material, expressed in percentages, to the amount of
total light falling on the product or material.
Any person engaged in the manufacturing or assembling of
sun screening products or materials designed to be used in conjunction
with motor vehicle glazing materials for the purpose of reducing the
effects of the sun.
Designed to absorb light rather than to reflect it.
Any film material, substance, device or product that is designed
to be used in conjunction with motor vehicle safety glazing materials
for reducing the effects of the sun.
I.
Any person who violates any provision of this section is guilty
of a petty misdemeanor and, upon conviction, shall be punished by
a fine of not more than $75. (66-3-846.1 NMSA 1978)
No person shall drive a tractor engine, tractor or vehicle with
lugs on the wheels thereof over any paved street. (*)
No person shall operate a vehicle, other than an official vehicle,
equipped with any red lights mounted so as to project a beam in a
forward direction, or a siren, unless written permission of the Chief
of Police or his designated representative is first obtained. (*)
A.
When the use thereof is permitted, every solid rubber tire on a vehicle
shall have rubber on its entire traction surface at least one inch
thick above the edge of the flange of the entire periphery.
B.
No person shall operate or move on any street any motor vehicle,
trailer, or semitrailer having any metal tire in contact with the
street, except that for the purposes of this chapter a snow tire with
metal studs designed to increase traction on ice or snow shall not
be considered a metal tire.
C.
No tire on a vehicle moved on a street shall have on its periphery
any block, flange, cleat or spike or any other protuberance of any
material other than rubber which projects beyond the tread of the
traction surface of the tire, except that it shall be permissible
to use farm machinery with tires having protuberances which will not
injure the street, and except also that it shall be permissible to
use tire chains of reasonable proportions or snow tires with metal
studs designed to increase traction on ice or snow upon any vehicle
when required for safety because of snow, ice, or other conditions
tending to cause a vehicle to skid.
D.
The Administrator may, in his discretion, issue special permits authorizing
the operation upon a street of traction engines or tractors having
movable tracks with transverse corrugations upon the periphery of
such movable tracks or farm tractors or other farm machinery, the
operation of which upon a street would otherwise be prohibited under
the provisions of this chapter.
E.
No vehicle equipped with solid rubber or cushion tires shall be permitted
upon any street of this municipality without special permission first
being granted by the Administrator, and in no event may any such vehicle
be operated at a speed in excess of that specified by law. (66-3-847
NMSA 1978)
F.
No person shall operate or move on any street any motor vehicle,
trailer or semitrailer from which any object or load scrapes along
or over any paved surface. (*)
A.
Brake equipment is required as follows:
(1)
Every motor vehicle, other than a motorcycle, when operated
upon a street shall be equipped with brakes adequate to control the
movement of and to stop and hold such vehicle, including two separate
means of applying the brakes, each of which means shall be effective
to apply the brakes to at least two wheels. If these two separate
means of applying the brakes are connected in any way, they shall
be so constructed that failure of any one part of the operating mechanism
shall not leave the motor vehicle without brakes on at least two wheels;
(2)
Every motorcycle, when operated upon a street, shall be equipped
with at least two brakes which may be operated by hand or foot;
(3)
Every bus, truck, truck tractor, road tractor, trailer and semitrailer,
and pole trailer shall be equipped with brakes on all wheels in contact
with road surfaces except:
(a)
Trailers, semitrailers and pole trailers of a gross weight of
less than 3,000 pounds;
(b)
Any vehicle being towed in a driveaway-towaway operation, provided the combination of vehicles is capable of complying with the performance requirements of Subsection B of this section;
(c)
Trucks, truck tractors and road tractors having three or more
axles need not have brakes on the front wheels, except when such vehicles
are equipped with at least two steerable axles the wheels of one such
axle need not be equipped with brakes;
(d)
House-moving dollies subject to regulations adopted by the Secretary
of Transportation under the Motor Transportation Act; and
(e)
Motor vehicles of the types named in this section hereinabove,
heretofore manufactured prior to July 1, 1963;
(4)
Every house trailer of a gross weight in excess of 3,000 pounds,
registered in the state, shall be equipped with brakes on at least
two wheels in contact with road surfaces. Every house trailer of a
gross weight of 3,000 pounds or more, when operated upon a highway
or street, shall be equipped with brakes adequate to control the movement
of, and to stop and to hold, such vehicle, and so designed as to be
applied by the driver of the towing motor vehicle;
(5)
Every bus, truck, road tractor or truck tractor shall be equipped
with parking brakes capable of locking the rear driving wheels and
adequate under any condition of loading to hold, to the limit of traction
of such braked wheels, such vehicle or combination of vehicles to
which such motor vehicle may be attached. The operating controls of
such parking brakes shall be independent of the operating controls
of the service brakes;
(6)
In any combination of motor-drawn vehicles, means shall be provided
for applying the rearmost trailer brakes, of any trailer equipped
with brakes, in approximate synchronism with brakes on the towing
vehicle and developing the required braking effort on the rearmost
wheels at the fastest rate; or means shall be provided for applying
braking effort first on the rearmost trailer equipped with brakes;
or both of the above means capable of being used alternatively may
be employed; and
(7)
The brake shoes operating within or upon the drums on the vehicle
wheels of any motor vehicle may be used for both service and hand
operation.
B.
Every motor vehicle or combination of motor-drawn vehicles shall
be capable, at all times and under all conditions of loading, of being
stopped on a dry, smooth, level road, free from loose material, upon
application of the service brake, within the distance specified below,
or shall be capable of being decelerated at a sustained rate corresponding
to these distances:
|
Feet to Stop From 20 Miles Per Hour
|
Deceleration in Feet Per Second
| ||
|---|---|---|---|
|
Vehicles or combinations of vehicles having brakes on all wheels
|
30
|
14
| |
|
Vehicles or combinations of vehicles not having brakes on all
wheels
|
40
|
10.7
|
C.
All brakes shall be maintained in good working order and shall be
so adjusted as to operate as equally as practicable with respect to
the wheels on opposite sides of the vehicle. (66-3-840 NMSA 1978)
A.
Every motor vehicle, when operated upon a street, shall be equipped
with a horn in good working order and capable of emitting sound audible
under normal conditions from a distance of not less than 200 feet,
but no horn or other warning device shall be used which does not produce
a harmonious sound. The driver of a motor vehicle shall, when reasonably
necessary to ensure safe operation, give audible warning with his
horn but shall not otherwise use such horn when upon a street.
B.
No vehicle shall be equipped with nor shall any person use upon a
vehicle any siren, whistle or bell except as otherwise permitted in
this section.
C.
It is permissible, but not required, that any commercial vehicle
be equipped with a theft-alarm signal device which is so arranged
that it cannot be used by the driver as an ordinary warning signal.
D.
Any authorized emergency vehicle may be equipped with a siren, whistle
or bell, capable of emitting sound audible under normal conditions
from a distance of not less than 500 feet and of a type approved by
the Division, but such siren shall not be used except when such vehicle
is operated in response to an emergency call or in the immediate pursuit
of an actual or suspected violator of the law, in which said latter
events the driver of such vehicle shall sound said siren when reasonably
necessary to warn pedestrians and other drivers of the approach thereof.
(66-3-843 NMSA 1978)
Every motor vehicle shall be equipped with a mirror so located
as to reflect to the driver a view of the highway for a distance of
at least 200 feet to the rear of such vehicle. (66-3-845 NMSA 1978)
Sections 12-10-1.20, 12-10-1.21, 12-10-1.27, 12-10-1.33 and 12-10-1.34 shall apply in lieu of §§ 12-10-1.5A, B, C, 12-10-1.7A, B, C and 12-10-1.8 as to passenger buses, trucks, truck tractors, road tractors, and such trailers, semitrailers and pole trailers provided for therein, when operated upon any street, and said vehicles shall be equipped as required. All lamp equipment required shall be lighted at the times mentioned in § 12-10-1.3 of this chapter. (66-3-808 NMSA 1978)
Every bus or truck less than 80 inches in overall width shall
be equipped as follows:
Every bus or truck 80 inches or more in overall width shall
be equipped as follows:
(1)
On the front: two headlamps; two amber clearance lamps, one
at each side;
(2)
On the rear: one red tail lamp; one red or amber stop lamp;
two red clearance lamps, one at each side; two red reflectors, one
at each side.
(3)
All lighting devices and reflectors mounted on the rear of any
vehicle shall display or reflect a red color, except the stop light
or other signal device, which may be red, amber or yellow, and except
that the light illuminating the license plate shall be white and the
light emitted by a backup lamp shall be white or amber; and
(4)
On each side: one amber side-marker lamp, located at or near
the front; one red side-marker lamp, located at or near the rear,
one amber reflector, located at or near the front; one red reflector,
located at or near the rear. (66-3-810 NMSA 1978)
Every truck tractor and road tractor shall be equipped as follows:
A.
Every semitrailer, full trailer or house trailer 80 inches or more
in overall width shall be equipped as follows:
(1)
On the front: two amber clearance lamps; one at each side;
(2)
On the rear: one red tail lamp; one red or amber stop lamp;
two red clearance lamps, one at each side; two red reflectors, one
at each side; and
(3)
On each side: one amber side-marker lamp, located at or near
the front; one red side-marker lamp, located at or near the rear;
one amber reflector, located at or near the front; one red reflector,
located at or near the rear.
B.
Side-marker lamps may be in combination with clearance lamps and
may use the same light source. (66-3-812 NMSA 1978)
Every semitrailer, house trailer or trailer less than 80 inches
in overall width shall be equipped as follows: on the rear: one red
tail lamp; two red reflectors, one at each side; one red or amber
stop lamp, if the semitrailer, house trailer or trailer obscures the
stop lamp on the towing vehicle. (66-3-813 NMSA 1978)
Every pole trailer shall be equipped as follows:
(1)
On the rear: one red tail lamp, two red reflectors, one at each
side, placed to indicate extreme width of the pole trailer; and
(2)
On each side, on the rearmost support for the load: one combination
marker lamp showing amber to the front and red to the side and rear,
mounted to indicate the maximum width of the pole trailer; and red
reflector, located at or near the rear; and on pole trailers 30 feet
or more in overall length, an amber marker lamp on each side near
the center. (66-3-814 NMSA 1978)
Combinations of motor vehicles, as enumerated in § 12-10-1.19 of this chapter, engaged in driveaway-towaway operations shall be equipped as follows:
A.
On towing vehicle:
(1)
On the front, two headlamps and two amber clearance lamps, one
at each side;
(2)
On each side and near the front, one amber side-marker lamp;
(3)
On the rear, one red tail lamp; one red or amber stop lamp;
and
(4)
Provided, however, that vehicles of less than 80 inches in width shall be equipped as provided in § 12-10-1.20 of this chapter.
B.
On the towed vehicles of a tow-bar combination, the towed vehicle
of a single saddle-mount combination and on the rearmost towed vehicle
of a double saddle-mount combination:
C.
On the first saddle-mount of a double saddle-mount combination: one
each side and near the rear, one amber side-marker lamp.
D.
Combinations of vehicles less than 80 inches in width in driveaway-towaway operations shall carry lamp and reflectors as required in § 12-10-1.20 of this chapter. (66-3-815 NMSA 1978)
A.
Reflectors required by §§ 12-10-1.20 and 12-10-1.21 of this chapter shall be mounted upon the motor vehicle at a height of not less than 74 inches nor more than 60 inches above the ground on which the motor vehicle stands, except that reflectors shall be mounted as high as practicable on motor vehicles which are so constructed as to make compliance with the twenty-four-inch requirements impractical. They shall be so installed as to perform their function adequately and reliably and, except for temporary reflectors required for vehicles in driveaway-towaway operations, all reflectors shall be permanently and securely mounted in workmanlike manner so as to provide the maximum of stability, and the minimum likelihood of damage. Required reflectors otherwise properly mounted may be securely installed with flexible strapping or belting, provided that under conditions of normal operation they reflect light in the required directions. Required temporary reflectors mounted on motor vehicles during the time they are in transit in any driveaway-towaway operations must be firmly attached.
B.
All reflectors on the rear and those nearest to the rear on the sides, except those referred to in Subsection C of this section, shall reflect a red color; all other reflectors, except those referred to in Subsection C of this section, shall reflect an amber color, provided that this requirement shall not be construed to prohibit the use of motor vehicles in combination if such motor vehicles are severally equipped with reflectors as required by §§ 12-10-1.20 through 12-10-1.26 of this chapter.
C.
Retroreflective surface, other than required reflectors, may be used,
provided:
(1)
Designs do not resemble traffic-control signs, lights or devices,
except that straight edge stripping resembling a barricade pattern
may be used;
(2)
Designs do not tend to distort the length or width of the motor
vehicle;
(3)
Such surfaces shall be at least three inches from any required
lamp or reflector unless of the same color as such lamp or reflector;
(4)
No red color shall be used on the front of any motor vehicle;
and
(5)
No provision of this subsection shall be so construed as to
prohibit the use of retroreflective registration plates required by
any state or local authorities. (66-3-816 NMSA 1978)
Clearance lamps shall, so far as is practicable, be mounted
as to indicate the extreme width, height and length of the motor vehicle,
except that clearance lamps on truck-tractors shall be so located
as to indicate the extreme width of the truck-tractor cab. (66-3-817
NMSA 1978)
Side-marker lamps may be combined with clearance lamps and may
use the same light source. (66-3-818 NMSA 1978)
Except as required by § 12-10-1.29 of this chapter, tail lamps may be incorporated in the same housing with stop lamps so long as the requirements for each are fulfilled. (66-3-819 NMSA 1978)
Lighting devices shall be electric, except that red liquid burning
lanterns may be used on the end of load in the nature of poles, pipes,
and ladders projecting to the rear of the vehicle. (66-3-820 NMSA
1978)
A.
Headlamps and lamps or auxiliary road lighting lamps shall be mounted
so that the beams are readily adjustable, both vertically and horizontally,
and the mounting shall be such that the aim is not readily disturbed
by ordinary conditions of service.
B.
Every bus, truck or truck-tractor shall be equipped with two single-beam
headlamps supplemented by two auxiliary single-beam headlamps furnishing,
respectively, an upper and lower distribution of light, also selectable
at the driver's will.
C.
Headlamps shall be constructed and installed so as to comply with the provisions of §§ 12-10-1.39 through 12-10-1.41 of this chapter. (66-3-821 NMSA 1978)
A.
Except for temporary side-marker and clearance lamps on motor vehicles,
as enumerated in NMSA 1978, § 66-3-808, being transported
in driveaway-towaway operations, temporary electric lamps on projecting
loads, and temporary marker lamps on pole trailers, all lamps shall
be permanently and securely mounted in workmanlike manner on a permanent
part of the motor vehicle. All clearance lamps and side-marker lamps
must be firmly attached.
B.
Clearance, side-marker, tail and projecting load-marker lamps shall
be so mounted as to be capable of being seen from a distance of at
least 500 feet under clear atmospheric conditions during the time
lamps are required to be lighted. The light from front clearance lamps
shall be visible to the front and that from side-marker lamps to the
side, that from rear clearance and tail lamps to the rear. This section
shall not be construed to apply to lamps which are obscured by another
unit or a combination of vehicles.
C.
Clearance, side-marker, tail and projecting load-marker lamps shall
be constructed and installed so as to provide an adequate and reliable
warning signal. (66-3-822 NMSA 1978)
Whenever motor and other vehicles are operated in combination
during the time that lights are required, any lamp, except tail lamps,
need not be lighted which, by reason of its location on a vehicle
of the combination, would be obscured by another vehicle of the combination;
but, this shall not affect the requirement that lighted clearance
lamps be displayed on the front of the foremost vehicle required to
have clearance lamps, nor that all lights required on the rear of
the rearmost vehicle of any combination shall be lighted. (66-3-823
NMSA 1978)
A.
Whenever a vehicle is lawfully parked upon a street or highway during
the hours between a half-hour after sunset and half-hour before sunrise
and in the event there is sufficient light to reveal any person of
object within a distance of 500 feet upon such street or highway no
lights need to be displayed upon such parked vehicle.
B.
Whenever a vehicle is parked or stopped upon a roadway or shoulder
adjacent thereto, whether attended or unattended, during the hours
between a half-hour after sunset and a half-hour before sunrise and
there is not sufficient light to reveal any person or object within
a distance of 500 feet upon such highway, such vehicle so parked or
stopped shall be equipped with one or more lamps meeting the following
requirements: at least one lamp shall display a white or amber light
visible from a distance of 500 feet to the front of the vehicle, and
same lamp or at least one other lamp shall display a red light visible,
from a distance of 500 feet to the rear of the vehicle, and the location
of said lamp or lamps shall always be such that at least one lamp
or combination of lamps meeting the requirements of this section is
installed as near as practicable to the side of the vehicle which
is closest to passing traffic. The foregoing provisions shall not
apply to a motor-driven cycle.
C.
Any lighted headlamps upon a parked vehicle shall be depressed or
dimmed. (66-3-825 NMSA 1978)
A.
All vehicles, including animal-drawn vehicles, not specifically required by the provisions of this chapter to be equipped with lamps shall at the time specified in § 12-10-1.3 of this chapter hereof be equipped with at least one lighted lamp or lantern exhibiting a white light visible from a distance of 500 feet to the front of such vehicle and with a lamp or lantern exhibiting a red light visible from a distance of 500 feet to the rear.
B.
Every farm tractor not equipped with an electric lighting system shall at all times mentioned in § 12-10-1.3 of this chapter be equipped with lamps or lanterns meeting the requirements of Subsection A above. Every farm tractor equipped with an electric lighting system shall at all times mentioned in § 12-10-1.3 of this chapter display a red tail lamp and either multiple-beam or single-beam headlamps meeting the requirements of §§ 12-10-1.7, 12-10-1.39 and 12-10-1.41 of this chapter.
C.
All combinations of tractors and towed farm equipment shall, in addition to the lighting equipment required by Subsection B above, be equipped with a lamp or lamps displaying a white or amber light visible from a distance of 500 feet to the front and red light visible from a distance of 500 feet to the rear, and said lamp or lamps shall be installed or capable of being positioned so that visibility from the rear is not obstructed by the towed equipment and so as to indicate the furthest projection of said towed equipment on the side of the road used by other vehicles in passing such combinations. And further, all such towed farm equipment shall be equipped either with two tail lamps displaying a red light visible from a distance of the 500 feet to the rear or two red reflectors visible from a distance of 50 feet to 500 feet to the rear when illuminated by the upper beam of headlamps, and the location of such lamps or reflectors shall be such as to indicate as nearly as practicable the extreme left and right rear projections of said towed equipment on the street. (66-3-826 NMSA 1978)
A.
Any motor vehicle may be equipped with not to exceed two spot lamps
and every lighted spot lamp shall be so aimed and used that no part
of the high-intensity portion of the beam will be directed to the
left of the prolongation of the extreme left side of the vehicle nor
more than 100 feet ahead of the vehicle; provided, however, that lighted
spot lamps shall be turned off at least 500 feet from approaching
motor vehicles.
B.
Any motor vehicle may be equipped with not to exceed two fog lamps mounted on the front at a height not less than 12 inches nor more than 30 inches above the level surface upon which the vehicle stands and so aimed, when the vehicle is not loaded, that none of the high-intensity portion of the light to the left of the center of the vehicle shall, at a distance of 25 feet ahead, project higher than a level of four inches below the level of the center of the lamp from which it comes. Lighted fog lamps meeting the above requirements may be used with lower headlamp beams as specified in § 12-10-1.39B of this chapter.
C.
Any motor vehicle may be equipped with not to exceed one auxiliary passing lamp mounted on the front at a height not less than 24 inches nor more than 42 inches above the level surface upon which the vehicle stands. The provisions of § 12-10-1.39 of this chapter shall apply to any combination of headlamps and auxiliary passing lamps.
D.
Any motor vehicle may be equipped with not to exceed one auxiliary driving lamp mounted on the front at a height not less than 16 inches nor more than 42 inches above the level surface upon which the vehicle stands. Any lighted auxiliary driving lamp shall be turned off at least 500 feet from approaching motor vehicles. The provisions of § 12-10-1.39 of this chapter shall apply to any combination of headlamps and auxiliary driving lamp. (66-3-827 NMSA 1978)
A.
Any motor vehicle may be equipped with not more than two side cowl
or fender lamps which shall emit an amber or white light without glare.
B.
Any motor vehicle may be equipped with not more than one running-board
courtesy lamp on each side thereof which shall emit a white or amber
light without glare.
C.
Any motor vehicle may be equipped with not more than two backup lamps
either separately or in combination with other lamps, but any such
backup lamp shall not be lighted when the motor vehicle is in forward
motion. (66-3-829 NMSA 1978)
Except as hereinafter provided, the headlamps or the auxiliary
driving lamps or the auxiliary passing lamp, or combinations thereof,
on motor vehicles shall be so arranged that the driver may select
at will between distributions of light projected to different elevations
and such lamps may, in addition, be so arranged that such selection
can be made automatically, subject to the following limitations:
A.
There shall be an uppermost distribution of light, or composite beam,
so aimed and of such intensity as to reveal persons and vehicles at
a distance of at least 350 feet ahead for all conditions of loading.
B.
There shall be a lowermost distribution of light, or composite beam,
so aimed and of sufficient intensity to reveal persons and vehicles
at a distance of at least 100 feet ahead, and on a straight level
road under any condition of loading none of the high-intensity portion
of the beam shall be directed to strike the eyes of an approaching
driver.
C.
Every new motor vehicle registered in this state after July 1, 1953,
which has multiple-beam road lighting equipment shall be equipped
with a beam indicator, which shall be lighted whenever the uppermost
distribution of light from the headlamps is in use, and shall not
otherwise be lighted. The indicator shall be so designed and located
that when lighted it will be readily visible without glare to the
driver of the vehicle so equipped. (66-3-830 NMSA 1978)
Whenever a motor vehicle is being operated on a street or shoulder adjacent thereto during the times specified in § 12-10-1.3 of this chapter, the driver shall use all distribution of light, or composite beam, directed high enough and of sufficient intensity to reveal persons and vehicles at safe distance in advance of the vehicle, subject to the following requirements and limitations:
A.
Whenever the driver of a vehicle approaches an oncoming vehicle within
500 feet, such driver shall use a distribution of light or composite
beam so aimed that the glaring rays are not projected into the eyes
of the oncoming driver.
B.
The lowermost distribution of light specified in § 12-10-1.39B of this chapter shall be deemed to avoid glare at all times, regardless of road contour and loading.
C.
Whenever the driver of a vehicle overtakes another vehicle proceeding
in the same direction and within 200 feet, such driver shall use a
distribution of light or composite beam so aimed that the glaring
rays are not projected through the rear window of the overtaken vehicle.
(66-3-831 NMSA 1978)
Headlamps arranged to provide a single distribution of light
shall be permitted on motor vehicles manufactured and sold prior to
July 1, 1953, in lieu of multiple-beam road lighting equipment herein
specified if the single distribution of light complies with the following
requirements and limitations:
A.
The headlamps shall be so aimed that when the vehicle is not loaded
none of the high-intensity portion of the light shall at a distance
of 25 feet ahead project higher than a level of five inches below
the level of the center of the lamp from which it comes, and in no
case higher than 42 inches above the level of which the vehicle stands
at a distance of 75 feet ahead.
B.
The intensity shall be sufficient to reveal persons and vehicles
at a distance of at least 200 feet. (66-3-832 NMSA 1978)
Any motor vehicle may be operated under the conditions specified in § 12-10-1.3 of this chapter when equipped with two lighted lamps upon the front thereof capable of revealing persons and objects 75 feet ahead in lieu of lamps required in §§ 12-10-1.39 or 12-10-1.41 of this chapter; provided, however, that at no time shall it be operated at a speed in excess of 20 miles an hour. (66-3-833 NMSA 1978)
A.
At all times specified in § 12-10-1.3 of this chapter, at least two lighted lamps shall be displayed, one on each side at the front of every motor vehicle other than a motorcycle or motor-driven cycle, except when such vehicle is parked subject to the regulations governing lights on parked vehicles.
B.
Whenever a motor vehicle equipped with headlamps as herein required
is also equipped with any auxiliary lamp or spot lamps or any other
lamp on the front thereof projecting a beam of intensity greater than
300 candle power, not more than a total of four or any such lamps
on the front of a vehicle shall be lighted at any one time when upon
a street. (66-3-834 NMSA 1978)
A.
Lighted lamps or illuminating devices upon a motor vehicle, other
than headlamps, spot lamps, auxiliary lamps, flashing turn signals,
emergency vehicle warning lamps and school bus warning lamps, which
project a beam of light of an intensity greater than 300 candle power
shall be directed so that no part of the high-intensity portion of
the beam strikes the level of the street on which the vehicle stands
at a distance of more than 75 feet from the vehicle.
B.
No person shall drive or move upon any street, any vehicle or equipment
with a lamp or device thereon displaying a red light visible from
directly in front of the center of the vehicle or equipment. This
section does not apply to any vehicle upon which a red light visible
from the front is expressly authorized or required by the New Mexico
Motor Vehicle Code.
C.
Flashing lights are prohibited except as provided in Subsection D of this section and except on authorized emergency vehicles, school buses, snow-removal equipment and highway-marking equipment. Flashing red lights may be used as warning lights on disabled or parked vehicles and on any vehicle as a means of indicating turn.
D.
Tow cars standing on streets for the purpose of removing, and actually
engaged in removing, disabled vehicles, and while engaged in towing
any disabled vehicle, may display flashing lights. This shall not
be construed as permitting the use of flashing lights by tow cars
in going to or returning from the location of disabled vehicles unless
actually engaged in towing a disabled vehicle.
E.
Only Fire Department vehicles, law enforcement agency vehicles, ambulances
and school buses shall display flashing red lights visible from the
front of the vehicle. All other vehicles authorized by the New Mexico
Vehicle Code to display flashing lights visible from the front of
the vehicle may use any other color of light that is visible. (66-3-835
NMSA 1978)
It shall be unlawful to operate any snow-removal equipment on
any street unless the lamps thereon comply with and are lighted when
and as required by the standards and specifications adopted by the
State Highway Commission as provided in NMSA 1978, § 66-3-836.
(66-3-836 NMSA 1978)
A.
For the purposes of §§ 12-10-1.47 through 12-10-1.51 of this chapter, "motor vehicle" means every bus, truck tractor, road tractor, and every driven vehicle in driveaway-towaway operations required by § 12-10-2 of this chapter to have emergency equipment thereon.
B.
No motor vehicle shall be left unattended until the parking brake
has been securely set. All reasonable precautions shall be taken to
prevent the movement of any vehicle left unattended. (66-3-851 NMSA
1978)
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 portions 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
street opposite the standing vehicle for the free passage of other
vehicles and he shall take care to provide a clear view of the standing
vehicle as far as possible to the front and rear. (66-3-852 NMSA 1978)
Whenever any motor vehicle is disabled upon the traveled portion
of any street or the shoulder thereof, when lighted lamps are required,
except where there is sufficient streetlighting to make it clearly
discernible to persons and vehicles on the street at a distance of
500 feet, the following requirements shall be observed:
A.
The driver of such vehicle shall immediately place on the traveled
portion of the street, at the traffic side of the disabled vehicle,
a lighted fuse and lighted red electric lantern, or a red emergency
reflector.
B.
Except as provided in Subsections C and D of this section, as soon thereafter as possible, but in any event within the burning period of the fuse, the driver shall place three liquid-burning flares or pot torches, or three red emergency reflectors on the traveled portion of the street in the following order:
(1)
One at a distance of approximately 100 feet from the disabled
vehicle in the center of the traffic lane occupied by such vehicle
and toward traffic approaching in that lane;
(2)
One at a distance of approximately 100 feet in the opposite
direction from the disabled vehicle in the center of the traffic lane
occupied by such vehicle; and
C.
If disablement of any motor vehicle shall occur within 500 feet of
a curve, crest of a hill, or other obstruction to view, the driver
shall so place the warning signal in that direction as to afford ample
warning to other users of the street, but in no case less than 100
feet nor more than 500 feet from the disabled vehicle.
D.
If gasoline or any other flammable or combustible liquid or gas seeps
or leaks from a fuel container of a motor vehicle disabled or otherwise
stopped upon a street, no emergency warning signal producing a flame
shall be lighted or placed except at such a distance from any such
liquid or gas as will assure the prevention of a fire or explosion.
(66-3-853 NMSA 1978)
Whenever for any cause, other than disablement or necessary
traffic stops, any motor vehicle is stopped upon the traveled portion
of any street, or shoulder thereof, during the time lights are required,
except where there is sufficient streetlighting to make clearly discernible
persons and vehicles on the street at a distance of 500 feet, the
following requirements shall be observed:
A.
The driver of such vehicle shall immediately place on the traveled
portion of the street, at the traffic side of the vehicle, a lighted
fuse and lighted red electric lantern or a red emergency reflector.
B.
If the stop is to exceed 10 minutes, the driver shall place emergency signals as required and in the manner prescribed by § 12-10-1.48 of this chapter. (66-3-854 NMSA 1978)
No driver shall attach or permit any person to attach a lighted
fuse or other flame-producing emergency signal to any part of a motor
vehicle. (66-3-855 NMSA 1978)
No driver shall use or permit the use of any flame-producing emergency signal for protecting any motor vehicle transporting explosives, any cargo tank motor vehicle used for the transportation of any flammable liquid or flammable compressed gas, whether loaded or empty; or any motor vehicle using compressed gas as a motor fuel. In lieu thereof, red electric lanterns or red emergency reflectors shall be used, the placement of which shall be in the same manner as prescribed in § 12-10-1.48 of this chapter. (66-3-856 NMSA 1978)
A.
Any person operating any vehicle transporting explosives or other
dangerous articles, as defined in the New Mexico Motor Vehicle Code,
as cargo upon a street shall comply with the provisions of NMSA 1978,
§§ 66-3-858 through 66-3-873,[1] with respect to marking of vehicles. (66-3-858 NMSA 1978)
[1]
Editor's Note: NMSA 1978, §§ 66-3-858 through
66-3-872, were repealed L. 2003, Ch. 173, § 1.
B.
No motor vehicle transporting any explosive or any other dangerous
article shall be left unattended upon any street in any residence
or business district except when the driver is engaged in the performance
of normal operations incident to his duties as an operator of the
vehicle to which he is assigned; provided, however, the Chief of Police
may except any street in any business district from the operation
of this subsection.
C.
Drivers of motor vehicles transporting explosives, inflammable liquids,
or inflammable, noxious or toxic compressed gasses in cargo tanks,
shall avoid, so far as practicable, driving into or through congested
streets, places where crowds are assembled and dangerous crossings.
So far as practicable this shall be accomplished by prearrangement
of routes.
D.
No blasting caps or other materials designed and used for detonating
charges or explosives may be transported in or on a vehicle with any
explosive. (*)
E.
The Administrator shall enforce such rules and regulations adopted
and promulgated by the Director with respect to the transportation
of compressed gasses and corrosive liquids by tank vehicle upon the
public street. (66-3-873 NMSA 1978)
A.
The Administrator may determine and designate those heavily traveled
streets upon which shall be prohibited the use of the street by motor-driven
cycles, bicycles, horse-drawn vehicles or other nonmotorized traffic
and shall erect appropriate signs giving notice thereof.
B.
When signs are erected giving notice of the restrictions, no person
shall disobey the restrictions stated on the signs. (*)
No passenger-type vehicle, except a motorcycle, shall be operated
on any street with any load carried thereon extending beyond the line
of the fenders on the left side of the vehicle nor extending more
than six inches beyond the line of the fenders on the right side of
the vehicle. (66-7-403 NMSA 1978)
The load upon any vehicle operated alone or the load upon the
front vehicle of a combination of vehicles shall not extend more than
three feet beyond the foremost part of the vehicle, and the load upon
any vehicle operated alone or the load upon the rear vehicle of a
combination of vehicles shall not extend more than seven feet beyond
the rear of the bed or body of such vehicle. (66-7-406 NMSA 1978)
A.
When one vehicle is towing another the drawbar or other connection
shall be of sufficient strength to pull all weight towed thereby.
When a combination of vehicles are engaged in transporting poles,
pipe, machinery or other objects of structural nature which cannot
readily be dismembered, the load shall be distributed so as to equalize
the weights on the axle of each vehicle insofar as possible.
B.
When one vehicle is towing another and the connection consists of
a chain, rope or cable, there shall be displayed upon such connection
a white flag or cloth not less than 12 inches square. (66-7-408 NMSA
1978)
The total outside width of any vehicle or its load, excepting
mirrors, shall not exceed eight feet six inches. Safety devices up
to three inches on either side of the vehicle are also excepted. (66-7-402
NMSA 1978)
A.
No vehicle shall exceed a height of 14 feet.
B.
No vehicle shall exceed a length of 40 feet extreme overall dimension,
exclusive of front and rear bumpers, except when operated in combination
with another vehicle as provided in this section. No combination of
vehicles, unless otherwise exempted in this section, shall exceed
an overall length of 65 feet, exclusive of front and rear bumpers.
C.
No combination of vehicles coupled together shall consist of more
than two units, except:
(1)
A truck tractor and semitrailer shall be permitted to pull one
trailer;
(2)
A vehicle shall be permitted to pull two units, provided that
the middle unit is equipped with brakes and has a weight equal to
or greater than the last unit and the total combined gross weight
of the towed units does not exceed the manufacturer's stated gross
weight of the towing units;
(3)
A double or triple saddle-mount or fifth wheel mount of vehicles
in transit by driveway-towaway methods shall be permitted;
(4)
Vehicles and trailers operated by or under contract for municipal
refuse systems;
(5)
Farm trailers, implements of husbandry and fertilizer trailers
operated by or under contract to a farmer or rancher in his farming
or ranching operations; and
D.
Exclusive of safety and energy conservation devices, refrigeration
units and other devices such as coupling devices, vehicles operating
a truck tractor semitrailer or truck tractor semitrailer-trailer combinations
on the interstate highway system and those qualifying federal aid
primary system highways designated by the Secretary of the United
States Department of Transportation, pursuant to the United States
Surface Transportation Assistance Act of 1982, Public Law 97-424,
Section 411, and on those highways designated by the Department by
rule or regulation with the concurrence of the State Transportation
Department may exceed an overall length limitation of 65 feet, provided
that the length of the semitrailer in a truck tractor semitrailer
combination does not exceed 57 feet six inches and the length of the
semitrailer or trailer in a truck tractor semitrailer-trailer combination
does not exceed 28 feet six inches. The Department shall adopt rules
and regulations granting reasonable access to terminals, facilities
for food, fuel, repairs and rest and points of loading and unloading
for household goods carriers to vehicles operating in combination
pursuant to this subsection. As used in this subsection, "truck tractor"
means a noncargo carrying power unit designed to operate in combination
with a semitrailer or trailer, except that a truck tractor and semitrailer
engaged in the transportation of automobiles may transport motor vehicles
on part of the truck tractor.
E.
Notwithstanding any other subsection of this section, any trailer
or semitrailer combination of such dimensions as those that were in
actual and lawful use in this state on December 1, 1982, may be lawfully
operated on the highways of this state. (66-7-404 NMSA 1978)
The provisions of §§ 12-10-3.1 through 12-10-3.7 of this chapter governing size, weight and load shall not apply to fire apparatus, road machinery engaged in street construction or maintenance, or to implements of husbandry, including farm tractors, temporarily moved upon a street, or to a vehicle operated under the terms of a special permit issued as herein provided. (66-7-401 NMSA 1978)
A.
It is a violation of this chapter for any person to drive or park
upon a public street or public parking area of this municipality any
motor vehicle or trailer which does not display one or more visible
current valid registration plates as required by state law. (*)
B.
The registration plate shall be attached to the rear of the vehicle
for which it is issued; however, the registration plate shall be attached
to the front of a road tractor or truck tractor. The plate shall be
securely fastened at all times, in a fixed horizontal position, at
a height of not less than 12 inches from the ground, measuring from
the bottom of the plate. It shall be in a place and position so as
to be clearly visible, and it shall be maintained free from foreign
material and in a condition to be clearly legible.
C.
No vehicle, while being operated on the streets of this municipality,
shall have displayed thereon, either on the front or the rear thereof,
any license plate, including tab or sticker, other than one issued
or validated for the current registration period by the Division or
any other licensing authority having jurisdiction over the vehicle.
No expired license plate, tab or sticker shall be displayed on such
vehicle, other than an expired special license plate which may be
exhibited on the front of the vehicle. (66-3-18 NMSA 1978)
D.
Nothing contained herein shall be construed as prohibiting the use,
on the front of the vehicle, of a promotional or advertising plate.
(66-3-18 NMSA 1978)
E.
Any police officer may, upon discovering that the registration plate
of any vehicle is illegible because of wear or damage or other causes,
issue a citation to the owner or operator of the vehicle. The citation
shall provide that the owner shall, within 30 days from the date of
the citation, apply for and obtain a duplicate or replacement plate
from the Division. (66-3-17 NMSA 1978)
F.
Any motor vehicle owner who has been issued a citation for an illegible
registration plate and who fails to comply with the terms of the citation
requiring the acquisition of a duplicate or replacement plate within
30 days of the date of the citation is guilty of a misdemeanor. (66-8-10
NMSA 1978)
Every owner, upon receipt of registration evidence, shall write
his signature thereon in a space provided. Every such registration
evidence or duplicates thereof validated by the Division shall be
exhibited upon demand of any police officer. (66-3-13 NMSA 1978)
A.
No owner shall permit the operation of an uninsured motor vehicle,
or a motor vehicle for which evidence of financial responsibility
as was affirmed to the Department is not currently valid, upon the
streets or highways of New Mexico unless the vehicle is specifically
exempted from the provisions of the Mandatory Financial Responsibility
Act (66-5-201 to 66-5-239 NMSA 1978).
B.
No person shall drive an uninsured motor vehicle, or a motor vehicle
for which evidence of financial responsibility as was affirmed to
the Department is not currently valid, upon the streets or highways
of New Mexico unless he is specifically exempted from the provisions
of the Mandatory Financial Responsibility Act.
C.
For the purposes of the Mandatory Financial Responsibility Act, "uninsured
motor vehicle" means a motor vehicle for which a motor vehicle insurance
policy meeting the requirements of the laws of New Mexico and of the
Secretary is not in effect or a surety bond or evidence of a sufficient
cash deposit with the State Treasurer. (66-5-205 NMSA 1978)
D.
"Evidence of financial responsibility," as used in this section,
means evidence of the ability to respond in damages for liability,
on account of accidents occurring subsequent to the effective date
of the evidence, arising out of the ownership, maintenance or use
of a vehicle of a type subject to registration under the laws of New
Mexico, in the following amounts:
(1)
Twenty-five thousand dollars because of bodily injury to or
death of one person in any one accident;
(2)
Subject to this limit for one person, $50,000 because of bodily
injury to or death of two or more persons in any one accident;
(3)
Ten thousand dollars because of injury to or destruction of
property of others in any one accident; and
(4)
If evidence is in the form of a surety bond or a cash deposit
with the State Treasurer, the total amount shall be $60,000. (66-5-208
NMSA 1978)
E.
Exemptions. Exempted from the mandatory financial responsibility
provisions of this section are the following:
(1)
A motor vehicle owned by the United States government, any state
or any political subdivision of a state;
(2)
An implement of husbandry or special mobile equipment which
is only incidentally operated upon the streets or highways within
the limits of the municipality;
(3)
A motor vehicle operated upon a street or highway within the
limits of the municipality only for the purpose of crossing such street
or highway from one property to another;
(4)
A commercial motor vehicle registered or proportionally registered
in New Mexico and any other jurisdiction, provided such motor vehicle
is covered by a motor vehicle insurance policy or equivalent coverage
or other form of financial responsibility in compliance with the laws
of any other jurisdiction in which it is registered;
(5)
A motor vehicle approved as self-insured by the Superintendent
of Insurance pursuant to NMSA 1978, § 66-5-207.1; and
(6)
Any motor vehicle when the owner has submitted to the Department
a signed statement, in the form prescribed by the Department, declaring
that the vehicle will not be operated on the highways of New Mexico
and explaining the reasons therefor. (66-5-207 NMSA 1978)
F.
The office of the Municipal Court shall notify the Division of Motor
Vehicles of the Transportation Department of the State of New Mexico
of the conviction of any person violating the provisions of this section.
G.
Penalty. Any person found guilty of violating this section shall
be fined not more than $300 (66-5-205 E NMSA 1978); provided, however,
that no person charged with violating this section shall be convicted
if he produces in court evidence of financial responsibility valid
at the time of issuance of the citation. (*)
H.
When a law enforcement officer issues a driver who is involved in
an accident a citation for failure to comply with the provisions of
the Mandatory Financial Responsibility Act, the law enforcement officer
shall at the same time:
(1)
Issue to the driver cited a temporary operation sticker, valid
for 30 days after the date the sticker is issued, and forward by mail
or delivery to the Department a duplicate of the issued sticker; and
(2)
Remove the license plate from the vehicle and send it with the
duplicate of the sticker to the Department or, if it cannot be removed,
permanently deface the plate. (66-5-205.1 NMSA 1978)
