2018 New Mexico Statutes
Chapter 66 - Motor Vehicles
Article 3 - Registration Laws; Security Interests; Anti-Theft Provisions; Bicycles; Equipment; Unsafe Vehicles; Off-Highway Motor Vehicles; Other Vehicles
Section 66-3-901 - Vehicles without required equipment or in unsafe condition.
A. A person shall not drive or move on any highway any motor vehicle, trailer, semitrailer or pole trailer or any combination thereof unless the equipment upon every vehicle is in good working order and adjustment as required in the Motor Vehicle Code and the vehicle is in such safe mechanical condition as not to endanger the driver or other occupant or any person upon the highway.
B. A person who violates the provisions of this section is guilty of a penalty assessment misdemeanor.
History: 1953 Comp., § 64-3-901, enacted by Laws 1978, ch. 35, § 194; 1985, ch. 46, § 1; 2018, ch. 74, § 34.
The 2018 amendment, effective July 1, 2018, provided a penalty for a violation of this section, and made technical changes; added new subsection designation "A."; and added Subsection B.
Presumption owner knew or should have known brakes were defective. — That appellee knew or should have known of the defective condition of his brakes is presumed in the first instance, and the appellee has the burden of proving lack of knowledge as a reasonable man as a defense which would relieve him of the responsibility placed upon him by the statute. Ferran v. Jacquez, 1961-NMSC-072, 68 N.M. 367, 362 P.2d 519.
Law reviews. — For article, "Transmogrification: State and Federal Regulation of Automotive Air Pollution," see 13 Nat. Resources J. 448 (1973).
Am. Jur. 2d, A.L.R. and C.J.S. references. — 7A Am. Jur. 2d Automobiles and Highway Traffic §§ 202, 779.
60 C.J.S. Motor Vehicles § 26; 60A C.J.S. Motor Vehicles § 260.
Validity of routine roadblock by state or local policy for purposes of discovery of driver's license, registration, and safety violations. 116 A.L.R.5th 479.
Authority of public official, whose duties or functions generally do not entail traffic stops, to effectuate traffic stop of vehicle. 18 A.L.R.6th 519.
