2018 New Mexico Statutes
Chapter 66 - Motor Vehicles
Article 7 - Traffic Laws; Signs, Signals and Markings; Accidents; Weight and Size; Traffic Safety
Section 66-7-350 - Officers authorized to remove illegally stopped vehicles.
A. Whenever any police officer finds a vehicle standing upon a highway in violation of any of the foregoing provisions of Sections 66-7-349 through 66-7-352 NMSA 1978, such officer is hereby authorized to move such vehicle, or require the driver or other person in charge of the vehicle to move the same, to a position off the paved or main-traveled part of such highway.
B. Whenever any police officer finds a vehicle unattended upon any bridge or causeway or in any tunnel where such vehicle constitutes an obstruction to traffic, such officer is hereby authorized to provide for the removal of such vehicle to the nearest garage or other place of safety.
C. No driver of any vehicle shall permit said vehicle to remain unattended on or adjacent to any public road, highway or highway right-of-way of the state for a longer period than twenty-four hours without notifying the state police or sheriff's office of the county where said vehicle is parked or said vehicle shall be deemed abandoned. The state police or sheriff's officer may cause all such abandoned vehicles to be removed and the owner of the vehicle shall be required to pay all costs incident to the removal of said vehicle, provided that wrecked vehicles may be removed at any time and without regard to the twenty-four hour period hereinbefore provided.
D. Whenever an officer shall order a dealer or wrecker to remove from a highway, or territory adjacent thereto, any damaged or abandoned vehicle the officer shall at the time issue signed and dated instructions in writing to the dealer or wrecker specifically stating if the vehicle is to be "held for investigation" or if it may be released to the owner.
History: 1953 Comp., § 64-7-350, enacted by Laws 1978, ch. 35, § 454.
Cross references. — For the penalty assessment for violation, see 66-8-116 NMSA 1978.
Statute unconstitutional as it does not provide for appropriate notice of the towing of an owner's vehicle and does not provide a meaningful and timely opportunity to challenge the validity of the towing. Sandia v. Rivera, 2002-NMCA-057, 132 N.M. 201, 46 P.3d 108.
Police officer properly authorized removal of wrecked tandem trailer, even where owner left a flagman at scene of wreck, since the operative effect of the proviso appended to Section 64-18-50, 1953 Comp. (similar to this section), did not require the vehicle to have been unattended. Trujillo v. Romero, 1971-NMSC-020, 82 N.M. 301, 481 P.2d 89.
Am. Jur. 2d, A.L.R. and C.J.S. references. — Liability for injury on parking or strip between sidewalk and curb, 19 A.L.R.2d 1053, 98 A.L.R.3d 439.
Validity and construction of statute or ordinance regulating vehicle towing business, 97 A.L.R.3d 495.
State or municipal towing, impounding, or destruction of motor vehicles parked or abandoned on streets or highways, 32 A.L.R.4th 728.
