New Mexico 2025 Regular Session

New Mexico House Bill HB314 Compare Versions

Only one version of the bill is available at this time.

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28	28	HOUSE BILL 314
29	29	57TH LEGISLATURE - STATE OF NEW MEXICO - FIRST SESSION, 2025
30	30	INTRODUCED BY
31	31	Angelita Mejia and Dayan Hochman-Vigil
32	32	AN ACT
33	33	RELATING TO MOTOR VEHICLES; ALLOWING A LAW ENFORCEMENT OFFICER
34	34	OR DEPARTMENT OF TRANSPORTATION EMPLOYEE TO MOVE A HAZARD.
35	35	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
36	36	SECTION 1. Section 66-3-852 NMSA 1978 (being Laws 1953,
37	37	Chapter 139, Section 158.1) is amended to read:
38	38	"66-3-852. STOPPED VEHICLES NOT TO INTERFERE WITH OTHER
39	39	TRAFFIC.--
40	40	A. No motor vehicle shall be stopped, parked or
41	41	left standing, whether attended or unattended, upon the
42	42	traveled portion of any highway outside of a business or
43	43	residence district when it is practicable to stop, park or
44	44	leave [such] the vehicle off the traveled portion of the
45	45	highway. In the event that conditions make it impracticable to
46	46	move [such] the motor vehicle from the traveled portion of the
47	47	.229834.1 underscored material = new
48	48	[bracketed material] = delete
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74	74	highway, the driver shall make every effort to leave all
75	75	possible width of the highway opposite the standing vehicle for
76	76	the free passage of other vehicles, and [he ] the driver shall
77	77	take care to provide a clear view of the standing vehicle as
78	78	far as possible to the front and rear.
79	79	B. When a law enforcement officer or department of
80	80	transportation employee finds a motor vehicle, vehicle, cargo
81	81	or debris, attended or unattended, standing upon any portion of
82	82	a roadway or a highway right of way in such a manner as to
83	83	constitute an immediate public safety hazard, the officer or
84	84	department of transportation employee may move the motor
85	85	vehicle, vehicle, cargo or debris off the roadway or move the
86	86	obstruction that constituted an immediate public safety hazard
87	87	within the highway right of way so the motor vehicle, vehicle,
88	88	cargo or debris is no longer an immediate public safety hazard.
89	89	C. The state, a county, a municipality or a law
90	90	enforcement officer, a department of transportation employee or
91	91	anyone acting under the direction of the officer or employee
92	92	shall not be liable for any damage to a motor vehicle, vehicle,
93	93	cargo or debris occasioned by the removal of the obstruction
94	94	that constituted an immediate public safety hazard.
95	95	D. As used in this section, "law enforcement
96	96	officer" means a state or municipal police officer, county
97	97	sheriff, deputy sheriff, public safety aide or other state
98	98	employee authorized by state law to enforce criminal statutes. "
99	99	.229834.1
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