2018 New Mexico Statutes
Chapter 66 - Motor Vehicles
Article 7 - Traffic Laws; Signs, Signals and Markings; Accidents; Weight and Size; Traffic Safety
Section 66-7-315 - No-passing zones.

Universal Citation: NM Stat § 66-7-315 (2018)
66-7-315. No-passing zones.

A. The state transportation commission and local authorities may determine those portions of any highway under their respective jurisdictions where overtaking and passing or driving on the left of the roadway would be especially hazardous and may, by appropriate signs or markings on the roadway, indicate the beginning and end of such zones. When the signs or markings are in place and clearly visible to an ordinarily observant person, every driver of a vehicle shall obey the directions of the signs or markings.

B. Where signs or markings are in place to define a no-passing zone as set forth in Subsection A of this section, no driver shall at any time drive on the left side of the roadway within the no-passing zone or on the left side of any pavement striping designed to mark the no-passing zone throughout its length.

C. This section does not apply under the conditions described in Paragraph (2) of Subsection A of Section 66-7-308 NMSA 1978 or to the driver of a vehicle turning left into or from an alley, private road or driveway.

History: 1953 Comp., § 64-7-315, enacted by Laws 1978, ch. 35, § 419; 2003, ch. 142, § 17.


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 A; and substituted "Paragraph (2) of Subsection A of Section 66-7-308 NMSA 1978" for "Section 64-7-308A(2) NMSA 1953" in Subsection C.

Negligence per se to change lanes in marked no-passing zone. — Where the defendant had turned from the right driving lane of the highway over into the left driving lane at a place which was marked by appropriate markings by the New Mexico state highway department (now department of transportation) to indicate there was a no-passing zone, and such markings were visible to an ordinarily observant man, then the defendant was guilty of negligence per se. Maestas v. Christmas, 1958-NMSC-021, 63 N.M. 447, 321 P.2d 631.

Section not lesser included offense of reckless driving or vehicular homicide. — Section 64-18-14, 1953 Comp. (similar to this section), is not a lesser included offense of Sections 64-22-1 to 64-22-3, 1953 Comp. (similar to 66-8-101 and 66-8-113 NMSA 1978, respectively). State v. Villa, 1973-NMCA-125, 85 N.M. 537, 514 P.2d 56.

No-passing zone regulations effective without filing where defendant admitted understanding. — Rules and regulations of state highway department (now department of transportation) regarding no-passing zones were effective although not filed with supreme court library as required by former Section 4-10-13 1953 Comp. et seq. (now Section 14-4-5 NMSA 1978), where defendant admitted that he understood the significance of yellow barrier lines and that they designated no-passing zones. Maestas v. Christmas, 1958-NMSC-021, 63 N.M. 447, 321 P.2d 631.

Crossing over yellow line places driver in hazardous position. — If from the point where a motorist passes into the left side of the highway the yellow line can be seen on the right hand side of the road, then if thereafter before crossing over to his proper lane there appears a yellow line in that lane, then he has violated the provision. He has placed himself in a position on the highway which has been determined to be hazardous. 1955-56 Op. Att'y Gen. No. 55-6297.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 60 C.J.S. Motor Vehicles § 16.

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