2018 New Mexico Statutes
Chapter 66 - Motor Vehicles
Article 7 - Traffic Laws; Signs, Signals and Markings; Accidents; Weight and Size; Traffic Safety
Section 66-7-415 - When the state transportation commission or local authorities may restrict right to use streets.
A. Local authorities, with respect to streets under their jurisdiction, may also, by ordinance or resolution, prohibit the operation of trucks or other commercial vehicles or may impose limitations as to size or weight, on designated streets in areas that are primarily residential or that pass by educational or medical facilities or on streets that are not designed or constructed for heavy weight vehicles, which prohibitions and limitations shall be designated by appropriate signs placed on the street.
B. The local authority enacting an ordinance or resolution shall erect or cause to be erected and maintained signs designating the provisions of the ordinance or resolution at each end of that portion of the street affected, and the ordinance or resolution shall not be effective until signs are erected and maintained and notice given in writing to the nearest officer or employee of the New Mexico state police division of the department of public safety authorized to issue special permits.
C. The state transportation commission shall likewise have authority, as granted to local authorities in Subsections A and B of this section, to determine by resolution and to impose restrictions as to the size and weight of vehicles operated upon any highways under the jurisdiction of the commission, and such restrictions shall be effective upon the passage of a resolution and when signs giving notice thereof are erected upon the highway or portion of any highway affected by the resolution. The commission shall deliver a copy of all restrictions adopted by it to the New Mexico state police division of the department of public safety.
History: 1953 Comp., § 64-23-23, enacted by Laws 1955, ch. 37, § 12; 1967, ch. 97, § 27; 1977, ch. 250, § 70; recompiled as 1953 Comp., § 64-7-415, by Laws 1978, ch. 35, § 486; 2003, ch. 142, § 24; 2015, ch. 3, § 40; 2015, ch. 48, § 1.
2015 Multiple Amendments. — Laws 2015, ch. 3, § 40 and Laws 2015, ch. 48, § 1 enacted different amendments to this section that can be reconciled. Pursuant to 12-1-8 NMSA 1978, Laws 2015, ch. 48, § 1, as the last act signed by the governor, is set out above and incorporates both amendments. The amendments enacted by Laws 2015, ch. 3, § 40 and Laws 2015, ch. 48, § 1 are described below. To view the session laws in their entirety, see the 2015 session laws on NMOneSource.com.
The nature of the difference between the amendments is that Laws 2015, ch. 48, § 1 authorizes local authorities to impose limits on the size and weight of vehicles that pass by educational or medical facilities or on streets that are not designed for heavy weight vehicles. The existing law requires local authorities to give notice in writing to the motor transportation division of the department of public safety and allows the state transportation commission to impose similar restrictions upon passage of a resolution. The state transportation commission is required to deliver all restrictions adopted by it to the motor transportation division of the department of public safety. Laws 2015, ch. 3, § 40 is part of the reorganization of the department of public safety and eliminates the motor transportation division as a division of the department of public safety, creates a motor transportation police bureau under the New Mexico state police division of the department of public safety, and removes all references to the motor transportation division and refers instead to the New Mexico state police division of the department of public safety.
Laws 2015, ch. 48, § 1, effective June 19, 2015, in Subsection A, after "limitations as to", deleted "the", after "size or weight", deleted "thereof", after "residential", added "or that pass by educational or medical facilities or on streets that are not designed or constructed for heavy weight vehicles", and after "placed on", deleted "such" and added "the"; in Subsection B, after "portion of", deleted "any" and added "the", after "effective", deleted "unless and", after "until", deleted "such", after "notice", deleted "thereof"; and in Subsection C, after "effective", deleted "on and after" and added "upon", and after "affected by", deleted "such" and added "the".
Laws 2015, ch. 3, § 40, effective July 1, 2015, in Subsection A, after "limitations as to", deleted "the", after "size or weight", deleted "thereof", and after "placed on", deleted "such" and added "the"; in Subsection B, after "portion of", deleted "any" and added "the", after "effective", deleted "unless and", after "until", deleted "such", after "notice", deleted "thereof", and after "employee of the", deleted "motor transportation" and added "New Mexico state police"; and in Subsection C, after "effective", deleted "on and after" and added "upon", after "affected by", deleted "such" and added "the", and after "adopted by it to the", deleted "motor transportation" and added "New Mexico state police".
The 2003 amendment, effective July 1, 2003, substituted "transportation commission" for "highway commission" in the section heading and Subsection C; and inserted "of the department of public safety" following "transportation division" in Subsection B.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 7A Am. Jur. 2d Automobiles and Highway Traffic §§ 171, 196 to 201.
40 C.J.S. Highways §§ 243, 244; 60 C.J.S. Motor Vehicles §§ 32, 43.
