2019 New Mexico Statutes
Chapter 66 - Motor Vehicles
Article 3 - Registration Laws; Security Interests; Anti-Theft Provisions; Bicycles; Equipment; Unsafe Vehicles; Off-Highway Motor Vehicles; Other Vehicles
Part 9 - EQUIPMENT
Section 66-3-801 - Equipment; prohibited acts.

A. Except as otherwise provided in this section, it is a penalty assessment misdemeanor for a person to drive or move or for the owner to cause or permit to be driven or moved on any highway any vehicle or combination of vehicles that is in such unsafe condition as to endanger any person or that does not contain those parts or is not at all times equipped with such lamps and other equipment in proper condition and adjustment as is required by Sections 66-3-801 through 66-3-887 NMSA 1978 or that is equipped in any manner that is in violation of those sections or for any person to do any act forbidden or fail to perform any act required under those sections.

B. Nothing contained in Sections 66-3-801 through 66-3-887 NMSA 1978 shall be construed to prohibit the use of additional parts and accessories on any vehicle that are not inconsistent with the provisions of those sections.

C. The provisions of Sections 66-3-801 through 66-3-887 NMSA 1978 with respect to equipment on vehicles shall not apply to implements of husbandry, road machinery, road rollers or farm tractors except as made applicable in those sections.

D. The provisions of Sections 66-3-801 through 66-3-887 NMSA 1978 apply to vehicles subject to the provisions of the Motor Carrier Safety Act [65-3-1 to 65-3-14 NMSA 1978] only to the extent that the provisions of Sections 66-3-801 through 66-3-887 NMSA 1978 do not conflict with the provisions of the Motor Carrier Safety Act and regulations promulgated under that act.

History: 1953 Comp., § 64-3-801, enacted by Laws 1978, ch. 35, § 107; 1991, ch. 160, § 10; 2018, ch. 74, § 27.

Cross references. — For general definitions, see 66-1-4 to 66-1-4.20 NMSA 1978.

For prescribing safety standards for motorized bicycles, see 66-3-1101 NMSA 1978.

For penalty for misdemeanor, see 66-8-7 NMSA 1978.

For penalty assessments for misdemeanor, see 66-8-116 NMSA 1978.

The 2018 amendment, effective July 1, 2018, reduced the penalty for violations of the provisions of Sections 66-3-801 through 66-3-887 NMSA 1978 to a penalty assessment misdemeanor, except as otherwise provided in the section, and made technical changes; and in Subsection A, after "it is a", added "penalty assessment".

The 1991 amendment, effective July 1, 1991, substituted "prohibited acts" for "scope and effect of regulation" in the catchline; substituted "66-3-801 through 66-3-887 NMSA 1978" for "64-3-801 through 64-3-887 NMSA 1953" in Subsections A, B and C; added "Except as otherwise provided in this section" at the beginning of Subsection A; added Subsection D; and made minor stylistic changes throughout the section.

Unsafe vehicle may be stopped. — A motor vehicle with a cracked windshield may be constitutionally stopped if in an unsafe condition, because of this section's prohibition on driving a vehicle that is in an unsafe condition. State v. Munoz, 1998-NMCA-140, 125 N.M. 765, 965 P.2d 349.

Duty of maintaining brakes in proper condition is placed upon owner, and if the brakes do not meet the standard set by the statute, and such failure is not excused, the owner is guilty of negligence in permitting the automobile on the highway in such condition. Ferran v. Jacquez, 1961-NMSC-072, 68 N.M. 367, 362 P.2d 519.

Presumption of knowledge. — Owner of vehicle is presumed to know of defective condition of the vehicle. Ferran v. Jacquez, 1961-NMSC-072, 68 N.M. 367, 362 P.2d 519.

Proof of defective battery not proof of improper lighting. — Fact that truck was equipped with a defective battery after an accident does not necessarily mean that the proper lights were not burning on the truck or that the battery was defective prior to an emergency stop. Where trial court made no finding whether the lights were burning or not before or at the time of the accident, a conclusion that the truck was improperly lighted would not flow from the findings as made. Terrel v. Lowdermilk, 1964-NMSC-073, 74 N.M. 135, 391 P.2d 419.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 7A Am. Jur. 2d Automobiles and Highway Traffic §§ 185 to 195, 779 to 791.

60 C.J.S. Motor Vehicles § 26; 60A C.J.S. Motor Vehicles § 260.

Validity of routine roadblock by state or local policy for purposes of discovery of driver's license, registration, and safety violations. 116 A.L.R.5th 479.

Authority of public official, whose duties or functions generally do not entail traffic stops, to effectuate traffic stop of vehicle. 18 A.L.R.6th 519.