2018 New Mexico Statutes
Chapter 66 - Motor Vehicles
Article 7 - Traffic Laws; Signs, Signals and Markings; Accidents; Weight and Size; Traffic Safety
Section 66-7-353 - Unattended motor vehicle.
No person driving or in charge of a motor vehicle shall permit it to stand unattended without first stopping the engine, locking the ignition, removing the key and effectively setting the brake, or placing the transmission in parking position, thereon and, when standing upon any grade, turning the front wheels in such manner that the vehicle will be held by the curb or will leave the highway if the brake fails. A violation of this section shall not mitigate the offense of stealing a motor vehicle, nor shall the provisions of this section or any violation thereof be admissible as evidence in a civil action for the recovery of a stolen motor vehicle, or in any other civil action arising out of the theft of a motor vehicle.
History: 1941 Comp., § 68-2460, enacted by Laws 1953, ch. 139, § 114; 1953 Comp., § 64-18-53; Laws 1965, ch. 164, § 1; recompiled as 1953 Comp., § 64-7-353, by Laws 1978, ch. 35, § 457.
Cross references. — For parked, stopped or disabled buses or trucks, see 66-3-851 to 66-3-857 NMSA 1978.
For the penalty assessment for violation of this section, see 66-8-116 NMSA 1978.
No legislative intent to create duty. — Because a violation of this section is inadmissible as evidence in any civil action arising out of the theft of a vehicle, the statute does not conclusively demonstrate a legislative intent to create a duty. Herrera v. Quality Pontiac, 2003-NMSC-018, 134 N.M. 43, 73 P.3d 181.
Implicit policy to deter theft. — By requiring that one in possession of an automobile take reasonable measures to avoid leaving the keys in the ignition, this section implicitly contains a policy to deter theft. Herrera v. Quality Pontiac, 2003-NMSC-018, 134 N.M. 43, 73 P.3d 181.
Theft subsequent to violation of section. — An owner or one in possession of a vehicle who leaves a key in the ignition of an unattended and unlocked car owes a duty of ordinary care to those individuals injured in an automobile accident involving the vehicle when a thief steals the car and negligently or criminally causes an accident. Herrera v. Quality Pontiac, 2003-NMSC-018, 134 N.M. 43, 73 P.3d 181.
Law reviews. — For comment, "The Continuing Debate Over Tort Duty in New Mexico: The Role of Foreseeability and Policy in Herrera v. Quality Pontiac," see 34 N.M. L. Rev. 433 (2004).
Am. Jur. 2d, A.L.R. and C.J.S. references. — 7A Am. Jur. 2d Automobiles and Highway Traffic §§ 274 to 276.
Liability for injury or damage caused by accidental starting up of parked motor vehicle, 16 A.L.R.2d 979, 43 A.L.R.3d 930, 55 A.L.R.3d 1260.
Duties and liabilities between owners or drivers of parked or parking vehicles, 25 A.L.R.2d 1224.
Liability of owner for injury or damage caused by stranger starting motor vehicle or automotive equipment parked off the street, 45 A.L.R.3d 787.
Liability for personal injury or property damage caused by unauthorized use of automobile which had been parked with keys removed from ignition, 70 A.L.R.4th 276.
60A C.J.S. Motor Vehicles § 336.
