2018 New Mexico Statutes
Chapter 66 - Motor Vehicles
Article 7 - Traffic Laws; Signs, Signals and Markings; Accidents; Weight and Size; Traffic Safety
Section 66-7-305 - Minimum speed regulation.

A. A person shall not drive a motor vehicle at such a slow speed as to impede the normal and reasonable movement of traffic except when reduced speed is necessary for safe operation or to be in compliance with law.

B. Whenever the state transportation commission or local authorities within their respective jurisdictions determine on the basis of an engineering and traffic investigation that slow speeds on any part of a highway consistently impede the normal and reasonable movement of traffic, the commission or the local authority may determine and declare a minimum speed limit below which no person shall drive a vehicle except when necessary for safe operation or to be in compliance with law; provided that local authorities in municipalities of more than one hundred thousand population may prohibit vehicles that by virtue of weight or design are slow moving on local arterials during peak hours of traffic.

History: 1953 Comp., § 64-7-305, enacted by Laws 1978, ch. 35, § 409; 2003, ch. 142, § 15.

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

The 2003 amendment, effective July 1, 2003, substituted "transportation commission" for "highway commission" in Subsection B.

Traffic stop was justified. — Police officer had probable cause to stop defendant for impeding traffic where defendant was traveling 35 miles per hour in a 55 miles per hour zone while occupying the inside traffic lane. State v. Mann, 1985-NMCA-107, 103 N.M. 660, 712 P.2d 6, cert. denied, 103 N.M. 740, 713 P.2d 556 (1986).

Traffic stop not justified. — Police officer lacked probable cause to stop defendant for impeding traffic where defendant was traveling 45 miles per hour in a 55 miles per hour zone. U.S. v. Valadez-Valadez, 525 F.3d 987 (10th cir. 2008).

Violation is proper question for jury. — Violations of Section 64-18-4, 1953 Comp. (similar to this section) (driving so slow as to impede traffic), 64-18-49, 1953 Comp. (similar to Section 66-7-349 NMSA 1978) (stopping on a highway) and 66-7-318 A NMSA 1978 (following too closely), which were enacted for the benefit of the public, were proper questions for jury. Archuleta v. Johnston, 1971-NMCA-158, 83 N.M. 380, 492 P.2d 997, cert. denied, 83 N.M. 379, 492 P.2d 996.

Am. Jur. 2d, A.L.R. and C.J.S. references. — Civil cases involving law against slow speed, 66 A.L.R.2d 1194.

61A C.J.S. Motor Vehicles § 588.