2021 New Mexico Statutes
Chapter 66 - Motor Vehicles
Article 7 - Traffic Laws; Signs, Signals and Markings; Accidents; Weight and Size; Traffic Safety
Part 4 - TRAFFIC LAWS GENERALLY
Section 66-7-330 - Vehicles entering stop or yield intersection.

A. Preferential right-of-way at an intersection may be indicated by stop signs or yield signs as authorized in the Motor Vehicle Code [66-1-1 NMSA 1978].

B. Except when directed to proceed by a police officer or traffic-control signal, every driver of a vehicle approaching a stop intersection indicated by a stop sign shall stop as required by Section 66-7-345 C [NMSA 1978] and after having stopped shall yield the right-of-way to any vehicle which has entered the intersection from another highway or which is approaching so closely on the highway as to constitute an immediate hazard during the time when the driver is moving across or within the intersection.

C. The driver of a vehicle approaching a yield sign shall, in obedience to the sign, slow down to a speed reasonable for the existing conditions, and shall yield the right-of-way to any vehicle in the intersection or approaching on another highway so closely as to constitute an immediate hazard during the time the driver is moving across or within the intersection. If the driver is involved in a collision with a vehicle in the intersection, after driving past a yield sign without stopping, the collision shall be deemed prima facie evidence of his failure to yield right-of-way.

History: 1953 Comp., § 64-7-330, enacted by Laws 1978, ch. 35, § 434.

Cross references. — For definition of "intersection", see 66-1-4.9 NMSA 1978.

For authorization of state transportation commission to "sign" all state highways, see 66-7-102 NMSA 1978.

For the penalty assessment for violation, see 66-8-116 NMSA 1978.

Bracketed material. — The bracketed material was inserted by the compiler and is not a part of the law.

Both yield and stop signs warn of other driver's right-of-way. — The fact that "yield" sign was unauthorized did not increase the hazard. The "yield" was a warning to decedent that travelers on the main highway had a "preferential right-of-way." There was nothing in the record indicating a "yield" sign increases the traveler's hazard over the hazard existing when there is a "stop" sign. The difference is between slowing down and stopping, but both - yield and stop - warn the traveler to avoid a vehicle which is so close as to "constitute an immediate hazard." Bolen v. Rio Rancho Estates, Inc., 1970-NMCA-031, 81 N.M. 307, 466 P.2d 873.

Through street preferred status not lost even if sign missing. — The preferred status of a through street is not lost merely because a stop sign is misplaced, improperly removed, destroyed or obliterated. Williams v. Cobb, 1977-NMCA-060, 90 N.M. 638, 567 P.2d 487, cert. denied, 91 N.M. 3, 569 P.2d 413.

Vehicle on right has right-of-way inapplicable to through highways. — Requirement that driver on the left yield right-of-way to vehicle on the right when two vehicles reach intersection at about the same time applies only when neither road is a through highway; it is not applicable when one of the intersecting roads is a through highway and the other is a "stop" road. Bunton v. Hull, 1947-NMSC-005, 51 N.M. 5, 177 P.2d 168.

Driver on through highway can assume other driver's stopping. — The driver on a through highway has the right to assume that motorist on an intersecting stop road will obey the law by coming to a full stop before entering the intersection so as to permit the driver on the through highway to proceed across the intersection. Bunton v. Hull, 1947-NMSC-005, 51 N.M. 5, 177 P.2d 168.

Provision applies to persons utilizing animal power. — Sections 64-18-29, 1953 Comp. (similar to this section), and 66-7-345 NMSA 1978, when read along with Section 64-15-6, 1953 Comp. (similar to Section 66-7-7 NMSA 1978), provide that persons riding animals or driving animal drawn vehicles must stop before entering a through highway or before entering an intersection where a stop sign is posted, and shall yield the right-of-way to other vehicles approaching the intersection. Knox v. Trujillo, 1963-NMSC-132, 72 N.M. 345, 383 P.2d 823.

No duty to stop with sign where two separate intersections. — Where east-west street had two lanes separated by 30-foot wide grass parkway and intersected north-south street, two separate intersections were created, and southbound motorist had no duty to stop at southern roadway where there was no stop sign, even though there was a stop sign at the northern roadway, although he did have duty to operate his automobile in a careful and prudent manner. Vargas v. Clauser, 1957-NMSC-035, 62 N.M. 405, 311 P.2d 381.

If there is no evidence that stop sign is involved in an action arising out of an accident occurring in a cross-walk, an instruction to the jury concerning the stop sign is erroneous because it injects a false issue into the case. Delgado v. Alexander, 1972-NMCA-156, 84 N.M. 456, 504 P.2d 1089, aff'd, 1973-NMSC-030, 84 N.M. 717, 507 P.2d 778.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 7A Am. Jur. 2d Automobiles and Highway Traffic § 234.

Custom or practice of drivers of motor vehicles as affecting question of negligence at intersections, 77 A.L.R.2d 1327.

Sudden or unsignalled stop or slowing of motor vehicles as negligence, 29 A.L.R.2d 5.

Duty of motor vehicle driver approaching place where children are playing or gathered, 30 A.L.R.2d 5.

Liability for automobile accident other than direct collision with pedestrian as affected by reliance upon or disregard of stop-and-go signal, 2 A.L.R.3d 12.

Liability for collision of automobile with pedestrian at intersection as affected by reliance upon or disregard of stop-and-go signal, 2 A.L.R.3d 155.

Liability for automobile accident at intersection as affected by reliance upon or disregard of "yield" sign or signal, 2 A.L.R.3d 275.

Liability for automobile accident at intersection as affected by reliance upon or disregard of unchanging stop signal or sign, 3 A.L.R.3d 180.

Liability for collision of automobile with pedestrian at intersection as affected by reliance upon or disregard of traffic sign or signal other than stop-and-go signal, 3 A.L.R.3d 557.

What is street or highway intersection within traffic rules, 7 A.L.R.3d 1204.

Liability of highway authorities arising out of motor vehicle accident allegedly caused by failure to erect or properly maintain traffic control device at intersection, 34 A.L.R.3d 1008.

60A C.J.S. Motor Vehicles § 360(5) to (7).