2018 New Mexico Statutes
Chapter 66 - Motor Vehicles
Article 7 - Traffic Laws; Signs, Signals and Markings; Accidents; Weight and Size; Traffic Safety
Section 66-7-5 - Public officers and employees to obey act; exceptions.
A. The provisions of Article 7, Chapter 66 NMSA 1978, applicable to the drivers of vehicles upon the highways, shall apply to the drivers of all vehicles owned or operated by the United States, this state or any county, city, town, district or any other political subdivision of the state, except as provided in this section and subject to such specific exceptions as are set forth in Article 7, Chapter 66 NMSA 1978 with reference to authorized emergency vehicles.
B. Unless specifically made applicable, the provisions of Article 7, Chapter 66 NMSA 1978 shall not apply to persons, teams, motor vehicles and other equipment while actually engaged in work upon the surface of a highway but shall apply to such persons and vehicles when traveling to or from such work.
History: 1953 Comp., § 64-7-5, enacted by Laws 1978, ch. 35, § 375.
Cross references. — For definition of "authorized emergency vehicle", see 66-1-4.1 NMSA 1978.
Provision creating exemption for work on highway should be strictly construed and the right of the defendant to the benefits of the exemption must be clear and unmistakable. Sturgeon v. Clark, 1961-NMSC-125, 69 N.M. 132, 364 P.2d 757.
Provision recognizes fact that maintenance personnel cannot follow road rules. — The legislature incorporated Section 64-15-4, 1953 Comp. (similar to this section), into the law in recognition of the fact that in constructing, repairing and maintaining highways there are circumstances under which men and equipment must be present on the surface of the highway without being held to comply with the rules of the road which are generally binding. Sturgeon v. Clark, 1961-NMSC-125, 69 N.M. 132, 364 P.2d 757.
Actual work must be performed for exemption to apply. — While providing for performing necessary work without being in violation of provisions otherwise applicable, the legislature was careful to restrict the exemption to situations where actual work was being performed on the surface of the highway. It is not for the court to extend the application beyond the clear language used. Sturgeon v. Clark, 1961-NMSC-125, 69 N.M. 132, 364 P.2d 757.
Even without express direction from the legislature that local traffic regulations should extend to drivers of federal, state or other vehicles, such drivers are amenable to them. 1955-56 Op. Att'y Gen. No. 55-6313.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 7A Am. Jur. 2d Automobiles and Highway Traffic § 207.
60 C.J.S. Motor Vehicles § 21.
