A. Except as otherwise provided in this chapter, the 2010 compilation of the New Mexico uniform traffic ordinance, being a traffic code, is adopted by reference pursuant to New Mexico Statutes Annotated 1978, section 3-17-6.
B. The following sections of the 2010 New Mexico uniform traffic ordinance are amended or adopted to read as follows:
Section 12-1-2.1 is amended to read as follows:
12-1-2.1 Access Aisle.
"Access aisle" means a space designed to allow a person with a significant mobility limitation to safely exit and enter a motor vehicle that is immediately adjacent to a designated parking space for persons with significant mobility limitations and that may be common to two such parking spaces of at least sixty inches in width or, if the parking space is designed for van accessibility, ninety-six inches in width and clearly marked and maintained with blue striping, and after January 1, 2011 the words "NO PARKING" in capital letters, each of which shall be at least one foot high and at least two inches wide, placed at the rear of the access aisle so as to be close to where an adjacent vehicle's rear tires would be placed (66-1-4.1 NMSA 1978).
Section 12-6-1.2 A. (2) is amended to read as follows:
(2) 20 mph in any business or residential district, or
Section 12-6-6.1A is amended by adding a new subpart (17) as follows:
12-6-6.1 Stopping, Standing Or Parking Prohibited In Specific Places.
A. (17) at any place which obstructs entrance into the garage doors of the fire station.
Section 12-6-15 is hereby amended to read as follows:
12-6-15 Preference To Vehicles Upon Streets.
A. The provisions of article VI of the 2010 New Mexico uniform traffic ordinance relating to the operation of vehicles, refer exclusively to the operation of vehicles upon the streets or highways, except where a different place is specifically referred to in a given section.
B. The provisions of article IV of the 2010 New Mexico uniform traffic ordinance, section 12-6-12.1 thru 12-6-12.3, section 12-6-4, section 12-6-5.7, section 12-6-12.4, section 12-6-12.9, section 12-6-13.8, section 12-9-9 and section 12-6-12.7 of the 2010 New Mexico uniform traffic ordinance shall apply upon the streets and highways and in privately owned parking lots throughout this municipality which are open to the public as a matter of course as business invitees.
Section 12-8-5 is amended to read as follows:
12-8-5 Riding On Streets And Bicycle Paths.
A. Every person operating a bicycle upon a street shall ride as near to the right side of the street as practicable, exercising due care when passing a standing vehicle or one proceeding in the same direction (66-3-705 NMSA 1978). It shall not be considered practicable to ride as near to the right side of the street under the following circumstances:
(1) When overtaking and passing another bicycle or vehicle proceeding in the same direction;
(2) When preparing for a left turn at an intersection or into a private road or roadway;
(3) When reasonably necessary to avoid conditions including, but not limited to, fixed or moving objects, parked or moving vehicles, bicycles, pedestrians, animals, surface hazards, or substandard width lanes that make it unsafe to continue along the right-hand curb or edge. For purposes of this section, a "substandard width lane" is a lane that is too narrow for a bicycle and vehicle to travel safely side by side within the lane;
(4) When operating a bicycle or a moped upon a one-way highway with two or more marked traffic lanes may ride as near the left-hand curb or edge of such roadway as practicable.
B. Persons riding bicycles upon a street shall not ride more than two abreast except on paths or parts of streets set aside for the exclusive use of bicycles (66-3-705 NMSA).
Section 12-12-1.1 is amended to read as follows:
12-12-1.1 Maximum Penalty.
Unless another penalty is expressly provided in the 2010 New Mexico uniform traffic ordinance or as otherwise provided by state law, every person convicted of a violation of any provision of the 2010 New Mexico uniform traffic ordinance shall be punished by a fine of not more than five hundred dollars ($500.00) or by imprisonment for not more than ninety days or by both such fine and imprisonment.
C. The following 2013 amendments to sections of the 2010 New Mexico uniform traffic ordinance are amended or adopted to read as follows:
Section 12-6-12.6 is amended to read as follows:
12-6-12.6 Unlawful Use Of License; Driving When Privilege To Do So Has Been Suspended Or Revoked.
No person shall:
A. (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 and who knows or should have known that his license was suspended. Upon conviction, the person shall be punished by imprisonment for not less than four days nor more than ninety 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 five hundred dollars ($500.00). 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 (66-5-39 NMSA 1978).
(7) Drive a motor vehicle on a highway of this state at a time when the person's privilege to do so is revoked and who knows or should have known that the person's license was revoked is guilty of a misdemeanor and shall be charged with a violation of this section. Upon conviction, the person shall be punished, notwithstanding the provisions of sec. 31-18-13 NMSA 1978, by imprisonment for not less than four days or more than ninety days or by 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; and
(8) Notwithstanding any other provision of law for suspension or deferment of execution of a 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 shall be punished by imprisonment for not less than seven consecutive days and shall be fined not less than three hundred dollars ($300) and not more than five hundred dollars ($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 (66-5-39.1 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 thirty 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 (66-5-39.1 NMSA 1978).
Section 12-12-3 is amended to read as follows:
12-12-3 Conduct Of Arresting Officer--Notices By Citation.
A. Except as provided in section 12-12-5, unless a penalty assessment or warning notice is given, whenever a person is arrested for any violation of this ordinance or other law relating to motor vehicles punishable as a misdemeanor, the arresting officer, using the uniform traffic citation in paper or electronic form, shall complete the information section and prepare a notice to appear in court, specifying the time and place to appear, have the arrested person sign the agreement to appear as specified, give a copy of the citation to the arrested person and release him from custody.
B. Whenever a person is arrested for violation of a penalty assessment misdemeanor and elects to pay the penalty assessment, the arresting officer, using the uniform traffic citation in paper or electronic form, shall complete the information section and prepare the penalty assessment notice indicating the amount of the penalty assessment, have the arrested person sign the agreement to pay the amount prescribed, give a copy of the citation along with a business reply envelope addressed to the municipal court with jurisdiction and release him from custody. No officer shall accept custody or payment of any penalty assessment. If the arrested person declines to accept a penalty assessment notice, the officer shall issue a notice to appear (66-8-123B NMSA 1978).
C. The arresting officer may issue a warning notice, but shall fill in the information section of the uniform traffic citation in paper or electronic form and give a copy to the arrested person after requiring his signature on the warning notice as an acknowledgment of receipt. No warning notice issued under this section shall be used as evidence of conviction for purposes of suspension or revocation of license under section 66-5-30 NMSA 1978.
D. In order to secure his release, the arrested person must give his written promise to appear in court, or to pay the penalty assessment prescribed or acknowledge receipt of a warning notice.
E. Any officer violating this section is guilty of misconduct in office and is subject to removal (66-8-123 NMSA 1978).
F. An electronic traffic citation, prescribed by sec. 12-12-3.1, is an electronic version of the uniform traffic citation. For the purposes of this section, an electronic citation may be completed instead of a uniform traffic citation; provided, however, that where this section requires a copy of a citation to be given to an arrested person, a physical copy of the citation shall be provided whether a uniform traffic citation or an electronic form of the uniform traffic citation was used. An electronic form of the uniform traffic citation may be signed electronically.
A new section 12-12-3.1 is adopted to read as follows:
12-12-3.1 Electronic Uniform Traffic Citation.
A. An electronic version of a uniform traffic citation shall include the same information required to be included in a uniform traffic citation. An electronic version of a uniform traffic citation may be signed electronically and a law enforcement officer may submit or file with a court an electronic version of a uniform traffic citation if prior permission of the department has been secured. Where the law requires a law enforcement officer to provide a copy of a citation to a person cited or arrested, a physical copy of the citation shall be provided regardless of whether a paper uniform traffic citation or an electronic version of a uniform traffic citation was used (66-8-128 NMSA 1978).
A new section 12-12-11 is adopted to read as follows:
12-12-11 Abstract Of Traffic Cases-Report On Convictions.
A. Every municipal judge shall keep a record of every traffic complaint, uniform traffic citation and other form of traffic charge filed in the judge's court or its traffic violations bureau and every official action and disposition of the charge by that court. The court shall notify the department if a defendant fails to appear on a charge of violating the motor vehicle code or other law or ordinance relating to motor vehicles.
B. Within ten days of the later of entry of a final disposition on a conviction for violation of this ordinance or other law or ordinance relating to motor vehicles or the final decision of any higher court that reviews the matter and from which no appeal or review is successfully taken, every municipal judge, including children's court judges, or the clerk of the court in which the entry of the final disposition occurred shall prepare and forward to the department an abstract of the record containing the name and address of the defendant; the specific section number and common name of the provision of the local law, ordinance or regulation under which the defendant was tried; the plea, finding of the court and disposition of the charge, including fine or jail sentence or both; total costs assessed to the defendant; the date of the hearing; the court's name and address; whether defendant was a first or subsequent offender; and whether the defendant was represented by counsel or waived his right to counsel and, if represented, the name and address of counsel.
C. The abstract of record prepared and forwarded under subsection B of this section shall be certified as correct by the person required to prepare it. With the prior approval of the department, the information required in subsection B of this section may be transmitted electronically to the department. Report need not be made of any disposition of a charge of illegal parking or standing of a vehicle except when the uniform traffic citation is used.
D. When the uniform traffic citation is used, the court shall provide the information required in subsection B of this section in the manner prescribed by the director. A copy of each penalty assessment processed shall be forwarded to the division within ten (10) days of completion of local processing for posting to the driver's record. With the prior approval of the director, the required information may be submitted to the division by electronic means in lieu of forwarding copies of the penalty assessments.
E. The willful failure or refusal of any judicial officer to comply with this section is misconduct in office and grounds for removal (66-8-135 NMSA 1978).
D. Section 12-6-18 of the 2010 New Mexico uniform traffic ordinance is adopted to read as follows:
12-6-18 Texting While Driving.
A. A person shall not read or view a text message or manually type on a handheld mobile communication device for any purpose while driving a motor vehicle, except to summon medical or other emergency help or unless that device is an amateur radio and the driver holds a valid amateur radio operator license issued by the federal communications commission.
B. The provisions of this section shall not be construed as authorizing the seizure or forfeiture of a handheld mobile communications device. Unless otherwise provided by law, the handheld mobile communication device used in the violation of the provisions of this section is not subject to search by a law enforcement officer during a traffic stop made pursuant to the provisions of this section.
C. As used in this section:
(1) "Driving" means being in actual physical control of a motor vehicle on a highway or street and includes being temporarily stopped because of traffic, a traffic light or stop sign or otherwise, but "driving" excludes operating a motor vehicle when the vehicle has pulled over to the side of or off an active roadway and has stopped at a location in which it can remain safely stationary;
(2) "Handheld mobile communication device" means a wireless communications device that is designed to receive and transmit text or image messages, but "handheld mobile communications device" excludes global positioning or navigation systems, devices that are physically or electronically integrated into a motor vehicle and voice-operated or hands-free devices that allow the user to compose, send or read a text message without the use of a hand except to activate, deactivate or initiate a feature or function; and
(3) "Text message" means a digital communication transmitted or intended to be transmitted between communication devices and includes electronic mail, an instant message, a text or image communication and a command or request to an internet site; but "text message" excludes communications through the use of a computer-aided dispatch service by law enforcement or rescue personnel.
D. A violation of provisions of this section is punishable by a fine of $25 for a first violation and $50 for a second or subsequent violation.
E. The following 2015 amendments to sections of the New Mexico uniform traffic ordinance are amended or adopted to read as follows: (Ord. 368, 12-8-2015)
A new section 12-1-5.1 of the 2010 New Mexico uniform traffic ordinance is adopted and has been amended as stated in subsection F of this section.
Section 12-1-37 of the 2010 New Mexico uniform traffic ordinance is amended to read as follows:
12-1-37 Motorcycles.
"Motorcycle" means every motor vehicle having a seat or saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground, including autocycles and excluding a tractor (66-1-4.11 NMSA 1978).
Section 12-7-6 of the 2010 New Mexico uniform traffic ordinance is amended to read as follows:
12-7-6 Mandatory Use Of Protective Helmet.
A. No person under the age of eighteen shall operate a motorcycle unless he is wearing a safety helmet securely fastened on his head in a normal manner as headgear and meeting the standards authorized by 66-7-356 NMSA 1978. No dealer or person who leases or rents motorcycles shall lease or rent a motorcycle to a person under the age of eighteen unless the lessee or renter shows such person a valid operator's license or permit and possesses the safety equipment required of an operator who is under the age of eighteen. No person shall carry any passenger under the age of eighteen on any motorcycle unless the passenger is wearing a securely fastened safety helmet, as specified in this section, meeting the standards specified by the director.
B. Failure to wear a safety helmet as required in this section shall not constitute contributory negligence.
C. Autocycles are exempted from the helmet provisions of this section (66-7-356 NMSA 1978).
A new section 12-7-8.1 of the 2010 New Mexico uniform traffic ordinance is adopted to read as follows:
12-7-8.1 Motorcycle Endorsement Not Required For Autocycle Operation.
Autocycles shall be registered as motorcycles and proof of financial responsibility may characterize them as motorcycles, but a driver shall not be required to have a motorcycle endorsement to operate an autocycle (66-3-1.4 NMSA 1978).
F. The following 2017 amendments to sections of the New Mexico uniform traffic ordinance are amended or adopted to read as follows:
Section 12-1-5.1 of the 2010 New Mexico Uniform Traffic Ordinance is amended to read as follows:
12-1-5.1 Autocycle.
"Autocycle" means a three-wheeled motorcycle on which the driver and all passengers ride in a completely or partially enclosed, seating area and is manufactured to comply with all applicable federal standards, regulations and laws and is equipped with:
(1) non-straddle seating;
(2) rollover protection;
(3) safety belts for all occupants;
(4) antilock brakes;
(5) a steering wheel; and
(6) pedals. (66-1-4.1 NMSA 1978)
Section 12-1-67 of the 2010 New Mexico Uniform Traffic Ordinance is amended to read as follows:
12-1-67 School Bus.
"School Bus" means any motor vehicle operating under the jurisdiction of the state board of education or private school or parochial school interests which is used to transport children, students or teachers to and from schools or to and from any school activity, but not including any vehicle:
(1) operated by a common carrier, subject to and meeting all requirements of the state corporation commission but not used exclusively for the transportation of students;
(2) operated solely by a government-owned transit authority, if the transit authority meets all safety requirements of the state corporation commission but is not used exclusively for transportation of students; or
(3) operated as a per capita feeder as defined in Section 22-16-6 NMSA 1978; or
(4) that is a minimum six-passenger, full-size, extended-length, sport utility vehicle operated by a school district employee pursuant to Subsection D of Section 22-16-4 NMSA 1978. (66-1-4.16 NMSA 1978)
Section 12-6-7.4 of the 2010 New Mexico Uniform Traffic Ordinance is amended to read as follows:
12-6-7.4 Operation Of Vehicle On Approach Of Moving Authorized Emergency Vehicle; Of Oncoming Vehicle-- Yield Right Of Way.
A. Upon the immediate approach of an authorized emergency vehicle displaying flashing emergency lights or when the driver is giving audible signal by siren, 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 or a recovery or repair vehicle displaying flashing emergency or hazard lights, unless otherwise directed, the driver of the vehicle shall:
(1) if reasonably safe to do so, drive in a lane not adjacent to the stationary vehicle, 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 the stationary 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 any other vehicle from the duty to drive with due regard for the safety of all persons using the highway. (66-7-322 and 66-7-332.1 NMSA 1978)
Section 12-7-9.2 of the 2010 New Mexico Uniform Traffic Ordinance is amended to read as follows:
12-7-9.2 Operation Of Off-Highway Motor Vehicles On Streets Or Highways -- Prohibited Areas.
A. No person shall operate an off-highway motor vehicle on any limited access street at any time or any paved street or highway except as provided in Subsection B, C, D or E of this section.
B. Off-highway motor vehicles may cross streets or highways, except limited access highways or freeways, if the crossings are made after coming to a complete stop prior to entering the street. Off-highway motor vehicles shall yield the right of way to oncoming traffic and shall begin a crossing only when it can be executed safely and then crossing in the most direct manner, as close to a perpendicular angle as possible.
C. If authorized by ordinance or resolution of a local authority or the State Transportation Commission, a recreational off-highway vehicle or an all-terrain vehicle may be operated on a paved street or highway owned and controlled by the authorizing authority if:
(1) the vehicle has one or more headlights and one or more taillights that comply with the Off-Highway Motor Vehicle Act;
(2) the vehicle has brakes, mirrors and mufflers;
(3) the operator has valid driver's licenses or permits as required under the Motor Vehicle Code and off- highway motor vehicle safety permits as required under the Off-Highway Motor Vehicle Act;
(4) the operator is insured in compliance with the provisions of the Mandatory Financial Responsibility Act; and
(5) the operator of the vehicle is using eye protection that comply with the Off-Highway Motor Vehicle Act; and
(6) if the operator is under eighteen years of age, the operator is wearing a safety helmet that complies with the Off-Highway Motor Vehicle Act.
D. Except for sections of the Motor Vehicle Code that are in conflict with the licensing and equipment requirements of the Off-Highway Motor Vehicle Act, any operator using an off-highway motor vehicle on a paved street or highway shall be subject to the requirements and penalties for operators of moving or parked vehicles under the Motor Vehicle Code.
E. By ordinance or resolution, a local authority or the State Transportation Commission may establish separate speed limits and operating restrictions for off-highway vehicles where they are authorized to operate on paved streets or highways pursuant to Subsection C of this section.
F. A person shall not operate an off-highway motor vehicle on state game commission-owned, -controlled or -administered land except as specifically allowed pursuant to Chapter 17, Article 6 NMSA 1978.
G. A person shall not operate an off-highway motor vehicle on land owned, controlled or administered by the state parks division of the Energy, Minerals and Natural Resources Department, pursuant to Chapter 16, Article 2 NMSA 1978, except in areas designated by and permitted by rules adopted by the secretary of Energy, Minerals and Natural Resources.
H. Unless authorized, a person shall not:
(1) remove, deface or destroy any official sign installed by a state, federal, local or private land management agency; or
(2) install any off-highway motor vehicle-related sign. (66-3-1011 NMSA)
Section 12-7-9.9 of the 2010 New Mexico Uniform Traffic Ordinance is amended to read as follows:
12-7-9.9 Operation And Equipment - Safety Requirements
A. A person shall not operate an off-highway motor vehicle:
(1) in a careless, reckless or negligent manner so as to endanger the person or property of another;
(2) while under the influence of intoxicating liquor or drugs as provided by Section 66-8-102 NMSA 1978;
(3) while in pursuit of and with intent to hunt or take a species of animal or bird protected by law unless otherwise authorized by the state game commission;
(4) in pursuit of or harassment of livestock in any manner that negatively affects the livestock's condition;
(5) on or within an earthen tank or other structure meant to water livestock or wildlife, unless the off- highway motor vehicle is on a route designated by the landowner or land management agency as an off-highway motor vehicle route:
(6) in a manner that has a direct negative effect on or interferes with persons engaged in agricultural practices;
(7) in excess of ten miles per hour within two hundred feet of a business, animal shelter, horseback rider, bicyclist, pedestrian or occupied dwelling, unless the person operates the vehicle on a closed course or track or a public roadway;
(8) unless in possession of the person's registration certificate or nonresident permit;
(9) unless the vehicle is equipped with a spark arrester approved by the United States forest service; provided that a snowmobile is exempt from this provision;
(10) when conditions such as darkness limit visibility to five hundred fee or less, unless the vehicle is equipped with:
(a) one or more headlights of sufficient candlepower to light objects at a distance of one hundred fifty feet; and
(b) at least one taillight of sufficient intensity to exhibit a red or amber light at a distance of two hundred feet under normal atmospheric conditions; or
(11) that produces noise that exceeds ninety-six decibels when measured using test procedures established by the society of automotive engineers pursuant to standard J-1287; or
(12) where off-highway motor vehicle traffic is prohibited under local, state or federal rules or regulations.
B. A person under the age of eighteen shall not operate an off-highway motor vehicle:
(1) or ride upon an off-highway motor vehicle without wearing eye protection and a safety helmet that is securely fastened in a normal manner as headgear and that meets the standards established by the department;
(2) without an off-highway motor vehicle safety permit; or
(3) while carrying a passenger.
C. A person under the age of eighteen but at least ten years of age shall not operate an off-highway motor vehicle unless the person is visually supervised at all times by a parent, legal guardian or a person over the age of eighteen who has a valid driver's license. This subsection shall not apply to a person who is at least:
(1) thirteen years of age and has a valid motorcycle license and off-highway motor vehicle safety permit; or
(2) fifteen years of age and has a valid driver's license, instructional permit or provisional license and off-highway motor vehicle safety permit.
D. A person under the age of ten shall not operate an off-highway motor vehicle unless:
(1) the all-terrain vehicle or recreational off-highway vehicle is an age-appropriate size-fit vehicle established by rule of the department; and
(2) the person is visually supervised at all times by a parent, legal guardian or instructor of a safety training course certified by the department.
E. An off-highway motor vehicle may not be sold or offered for sale if the vehicle produces noise that exceeds ninety-six decibels when measured using test procedures established by the society of automotive engineers pursuant to standard J-1287. This subsection shall not apply to an off-highway motor vehicle that is sold or offered for sale only for organized competition. (66-3-1010.3 NMSA 1978)
Section 12-10-1.44 of the 2010 New Mexico Uniform Traffic Ordinance is amended to read as follows:
12-10-1.44 Special Restrictions On Lamps.
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, that project a beam of light of an intensity greater than three hundred 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 seventy-five feet from the vehicle.
B. A person shall drive or move upon a highway a vehicle or equipment with a lamp or device displaying a red light visible from directly in front of the center of the vehicle or equipment, except as expressly authorized or required by the New Mexico Motor Vehicle Code.
C. Flashing lights are prohibited except as provided in 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. A recovery or repair vehicle standing on a highway for the purpose of removing, and actually engaged in removing, a disabled vehicle, and while engaged in towing any disabled vehicle, may display flashing lights in any color except red. This provision shall not be construed as permitting the use of flashing lights by recovery or repair vehicles 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 may 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)
G. 2018 amendments to the Uniform Traffic Ordinance are as follows:
Section 12-5-7 of the 2010 New Mexico Uniform Traffic Ordinance is amended to read as follows:
12-5-7 PEDESTRIAN CONTROL SIGNALS.
A. Whenever special pedestrian control signals exhibiting the words "walk" or "don't walk" are in place:
(1) "walk" indicates that pedestrians facing the signal may proceed across the street in the direction of the signal and shall be given the right of way by drivers of all vehicles; and
(2) "don't walk" indicates that no pedestrian shall start to cross the street in the direction of the signal, but any pedestrian who has partially completed the pedestrian's crossing on the walk signal shall proceed to a sidewalk or safety island while the "don't walk" signal is showing.
B. A person who violates the provisions of this section is guilty of penalty assessment misdemeanor. (66-7-106 NMSA 1978)
Section 12-5-8 of the 2010 New Mexico Uniform Traffic Ordinance is amended to read as follows:
12-5-8 FLASHING SIGNALS.
A. Whenever an illuminated flashing red or yellow signal is used in a traffic sign or signal it shall require obedience by vehicular traffic as follows:
(1) flashing red (stop signal)--when a red lens is illuminated with rapid intermittent flashes, drivers of vehicles shall stop before entering the nearest crosswalk at an intersection or at a limit line when marked, or, if none, then before entering the intersection, and the right to proceed shall be subject to the rules applicable after making a stop at a stop sign; or
(2) flashing yellow (caution signal)--when a yellow lens is illuminated with rapid intermittent flashes, drivers of vehicles may proceed through the intersection or past such signal only with caution.
B. This section shall not apply at railroad grade crossings. Conduct of drivers of vehicles approaching railroad grade crossings shall be governed by the rules as set forth in Sections 12-6-7.5 - 12-6-7.8 of the Uniform traffic Ordinance as adopted by the Village of Cloudcroft.
C. A person who violates the provisions of this section is guilty of a penalty assessment misdemeanor. (66-7-107 NMSA 1978)
Section 12-5-10 of the 2010 New Mexico Uniform Traffic Ordinance is amended to read as follows:
12-5-10 DISPLAY OF UNAUTHORIZED SIGNS, SIGNALS OR MARKINGS.
A. No person shall place, maintain, or display upon or in view of any street any unauthorized sign, signal, marking or device which purports to be or is an imitation of or resembles an official traffic-control device or railroad sign or signal, or which attempts to direct the movements of traffic, or which hides from view or interferes with the effectiveness of any official traffic-control device or any railroad sign or signal, and no person shall place or maintain nor shall any public authority permit upon any highway any traffic sign or signal bearing thereon any commercial advertising.
B. Every such prohibited sign, signal or marking is hereby declared to be a public nuisance and the administrator is hereby empowered to remove the sign, signal, marking or device or cause it to be removed without notice.
C. The provisions of this section shall not prohibit the erection of signs upon private property adjacent to streets if the signs give useful directional information and are of a type that cannot be mistaken for official signs.
D. A person who violates provisions of this section is guilty of a penalty assessment misdemeanor. (66-7-108 NMSA 1978)
Section 12-6-12.11 of the 2010 New Mexico Uniform Traffic Ordinance is amended to read as follows:
12-6-12.11 RESTRICTION ON USE OF VIDEO IN MOTOR VEHICLES.
A. It is unlawful to operate in this municipality any motor vehicle equipped with a video 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 video screen is solely used as an aid to the driver in the operation of the vehicle.
B. A person who violates the provisions of this section is guilty of a Penalty assessment misdemeanor.
C. As used in this section "video screen" does not include closed circuit monitors or computer terminal monitors used by law enforcement agencies in law enforcement motor vehicles. (66-7-358 NMSA 1978)
Section 12-6-12.12 of the 2010 New Mexico Uniform Traffic Ordinance is amended to read as follows:
12-6-12.12 COASTING PROHIBITED.
A. The driver of any motor vehicle when traveling upon a down grade shall not coast with the clutch disengaged.
B. A person who violates the provisions of this section is guilty of a penalty assessment misdemeanor. (66-7-360 NMSA 1978)
Section 12-6-13.10 of the 2010 New Mexico Uniform Traffic Ordinance is amended to read as follows:
12-6-13.10 ANIMALS ON STREET.
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 livestock to range in said pasture.
D. A person who violates the provisions of this section is guilty of a penalty assessment misdemeanor. (66-7-363 NMSA 1978)
Section 12-6-13.11 of the 2010 New Mexico Uniform Traffic Ordinance is amended to read as follows:
12-6-13.11 DRIVING ON MOUNTAIN STREETS.
A. 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.
B. A person who violates the provisions of this section is guilty of a penalty assessment misdemeanor. (66-7-359 NMSA 1978)
Section 12-6-13.15 of the 2010 New Mexico Uniform Traffic Ordinance is amended to read as follows:
12-6-13.15 LITTERING.
A. Littering consists of discarding refuse:
(1) on public property in any manner other than by placing the refuse in a receptacle provided for the purpose by the responsible governmental authorities, or otherwise in accordance with lawful direction; or
(2) on private property not owned or lawfully occupied or controlled by the person, except with the consent of the owner, lessee or occupant thereof. (30-8-1 NMSA 4-9-78)
B. Whoever commits littering is guilty of a petty misdemeanor, and notwithstanding the provisions of Section 31-9-1 NMSA 1978 shall be punished by a fine of fifty dollars ($50.00). The use of uniform traffic citations is authorized for the enforcement of this section. The court may to the extent permitted by law, as a condition to suspension of any other penalty provided by law, require a person who commits littering to pick up and remove from any public place or any private property, with prior permission of the legal owner, any litter deposited thereon. (30-8-4 NMSA 1978)
12 6-13.16 DOUBLE FINES.
A. Fines will be doubled as posted for any violation occurring in a Safety Zone or School Zone as defined in Section 12-1-66 and Subsections 12-6-1.3 I and J of the 2010 New Mexico Uniform Traffic Ordinance and as provided in Section 12-6-1.2 A. (4) of the 2010 New Mexico Uniform Traffic Code.
B. Penalty Assessments under Section 12-12-1.2 of the 2010 New Mexico Uniform Traffic Ordinance will be doubled as posted for any violation occurring in a Safety Zone or School Zone as defined in Section 12-1-66 and Subsections 12-6-1.3 I and J of the 2010 New Mexico Uniform Traffic Ordinance and as provided in Section 12-6-1.2 A. (4) of the 2010 New Mexico Uniform Traffic Code.
Section 12-6-14.2 of the 2010 New Mexico Uniform Traffic Ordinance is amended to read as follows:
12-6-14.2 PEDESTRIANS RIGHT OF WAY IN CROSSWALKS.
A. When traffic-control signals are not in place or not in operation the driver of a vehicle shall yield the right of way, slowing down or stopping if need be to so yield, to a pedestrian crossing the street within a crosswalk when the pedestrian is in the crosswalk.
B. A pedestrian shall not suddenly leave a curb or other place of safety and walk or run into the path of a vehicle which is so close that it is impossible for the driver to yield.
C. Subsection A shall not apply under the conditions stated in Section 12-6-14.4. 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.
D. A person who violates the provisions of this section is guilty of a penalty assessment misdemeanor (66-7-334 NMSA 1978)
Section 12-6-14.3 of the 2010 New Mexico Uniform Traffic Ordinance is amended to read as follows:
12-6-14.3 PEDESTRIANS TO USE RIGHT HALF OF CROSSWALK.
A. Pedestrians shall move, whenever practicable, upon the right half of crosswalks.
B. A person who violates provisions of this section is guilty of a penalty assessment misdemeanor. (66-7-338 NMSA 1978)
Section 12-6-14.4 of the 2010 New Mexico Uniform Traffic Ordinance is amended to read as follows:
12-6-14.4 CROSSING AT OTHER THAN CROSSWALKS.
A. A 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.
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.
E. A person who violates the provisions of this section is guilty of a penalty assessment misdemeanor. (66-7-335 NMSA 1978)
Section 12-6-14.5 of the 2010 New Mexico Uniform Traffic Ordinance is amended to read as follows:
12-6-14.5 PEDESTRIANS ON STREETS.
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.
C. A person who violates the provisions of this section is guilty of a penalty assessment misdemeanor. (66-7-339 NMSA 1978)
Section 12-8-1 of the 2010 New Mexico Uniform Traffic Ordinance is amended to read as follows:
12-8-1 EFFECT OF REGULATIONS.
A. It is a penalty assessment misdemeanor for a person to do any act forbidden or fail to perform any act required by Sections 12-8-1 through 23 of the Uniform Traffic Ordinance.
B. The parent of any child and the guardian of any ward shall not authorize or permit any such child or ward to violate any of the provisions of this ordinance.
C. These regulations applicable to bicycles shall apply whenever a bicycle is operated upon any street or upon any path set aside for the exclusive use of bicycles subject to those exceptions stated herein. (66-3-701 NMSA 1978)
Section 12-10-1.1 of the 2010 New Mexico Uniform Traffic Ordinance is amended to read as follows:
12-10-1.1 PROHIBITED ACTS.
A. Except as otherwise provided in this section, it is a penalty assessment 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 Sections 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 Sections 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 Sections 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)
Section 12-10-1.3 of the 2010 New Mexico Uniform Traffic Ordinance is amended to read as follows:
12-10-1.3 WHEN LIGHTED LAMPS ARE REQUIRED.
A. 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 five hundred 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.
B. A person who violates the provisions of this section is guilty of a penalty assessment misdemeanor (66-3-802 NMSA 1978)
Section 12-10-1.5 of the 2010 New Mexico Uniform Traffic Ordinance is amended to read as follows:
12-10-1.5 HEAD LAMPS ON MOTOR VEHICLES.
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 ordinance.
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 ordinance.
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 fifty-four inches nor less than twenty inches to be measured as set forth in Section 12-10-1.4B. The provisions of this paragraph shall apply only to new motor vehicles sold after July 1, 1953. (66-3-804 NMSA 1978)
D. For the purposes of Sections 12-10-1.1 through 12-10-1.5 parking lamps shall not be used in lieu of head lamps.
E. No headlight shall emit a glaring or dazzling light. (66-3-828 NMSA 1978)
F. A person who violates the provisions of this section is guilty of a penalty assessment misdemeanor. (66-3-804 NMSA 1978)
Section 12-10-1.7 of the 2010 New Mexico Uniform Traffic Ordinance is amended to read as follows:
12-10-1.7 TAIL LAMPS.
A. Every motor vehicle, trailer, semi-trailer, 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 five hundred 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 seventy-two inches nor less than twenty 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 fifty 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)
E. A person who violates the provisions of this section is Guilty of a penalty assessment misdemeanor. (66-3-805 NMSA 1978)
Section 12-10-1.8 of the 2010 New Mexico Uniform Traffic Ordinance is amended to read as follows:
12-10-1.8 VEHICLES TO BE EQUIPPED WITH REFLECTORS.
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 twenty inches nor more than sixty inches measured as set forth in Section 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 three hundred feet to fifty feet from such vehicle when directly in front of lawful upper beams of headlamps.
C. A person who violates the provisions of this section is guilty of a penalty assessment misdemeanor. (66-3-806 NMSA 1978)
Section 12-10-1.12 of the 2010 New Mexico Uniform Traffic Ordinance is amended to read as follows:
12-10-1.12 WINDSHIELD MUST BE UNOBSTRUCTED AND EQUIPPED WITH WIPERS; WINDOWS MUST BE TRANSPARENT, EXCEPTIONS.
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 Section 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.
D. A person who violates the provisions of this section is guilty of a penalty assessment misdemeanor. (66-3-846 NMSA 1978)
Section 12-10-1.12A of the 2010 New Mexico Uniform Traffic Ordinance is amended to read as follows:
12-10-1.12A SUN SCREENING MATERIAL ON WINDSHIELDS AND WINDOWS; REQUIREMENTS; VIOLATION; PENALTY.
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 twenty percent 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 one and one-half 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
(2) install any sun screening material on motor vehicles intended for operation on any street or highway without permanently affixing the label specified in subsection C of this section.
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 July 1, 1997.
H. As used in this section:
(1) "light transmission" means the ratio 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;
(2) "manufacturer" means 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;
(3) "nonreflective" means designed to absorb light rather than to reflect it; and
(4) sun screening material means 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. A person who violates the provisions of this section is guilty of a penalty assessment misdemeanor. (66-3-846.1 NMSA 1978)
(Ord. 357, 8-10-2010; amd. Ord. 363, 7-10-2012; Ord. 366, 11-12-2013; Ord. 367, 11-10-2014; Ord. 368, 12-8-2015; Ord. 377, 11-21-2017; Ord. 379, 9-11-2018; Ord. 392, 8-10-2021)