2020 New Mexico Statutes
Chapter 65 - Motor Carriers
Article 1 - Motor Transportation
Section 65-1-11 - Ports of entry.

Universal Citation:
NM Stat § 65-1-11 (2020)
Learn more This media-neutral citation is based on the American Association of Law Libraries Universal Citation Guide and is not necessarily the official citation.

The department shall designate the main highways upon which motor carriers shall enter and leave the state and shall designate stations or establish places, either temporary or permanent, where inspection, registration and permit services shall be maintained. The state highway and transportation department shall provide the necessary right-of-way, approach roads, ramps and other road facilities required by the department for places established after June 17, 1967.

History: 1953 Comp., § 64-34-13, enacted by Laws 1967, ch. 97, § 13; 1977, ch. 250, § 109; 1987, ch. 268, § 15; 1992, ch. 106, § 5.

ANNOTATIONS

Cross references. — For vehicles entering or leaving state, to stop at registration places, see 65-5-1 to 65-5-3 NMSA 1978.

The 1992 amendment, effective July 1, 1992, twice substituted "department" for "division"; and substituted "June 17, 1967" for "the effective date of this section, unless the governor certifies in writing that the location selected will result in an intolerable traffic hazard" at the end of the second sentence.

Legal stop ripening into illegal arrest. — Although initial stop of commercial truck was legal under New Mexico's inspection statutes, the stop ripened into an unlawful de facto arrest when, without probable cause, officer required the driver to wait an hour; the illegality of the arrest vitiated driver's subsequent consent to the search of his truck, and rendered stolen motorcycles which were found inadmissible under the exclusionary rule. State v. Jutte, 1998-NMCA-150, 126 N.M. 244, 968 P.2d 334, cert. denied, 126 N.M. 533, 972 P.2d 352.

Invalid stopping of vehicles. — Motor transportation division officer's stop of a rental truck was not made at a port of entry and was invalid, where the officer had not set out any signs or other indication to vehicle drivers that they would be required to stop, had stopped vehicles randomly and at his own discretion, and had chosen his own schedule of where to patrol, as opposed to his supervisor making the decision. State v. Clark, 1991-NMCA-082, 112 N.M. 500, 816 P.2d 1122.

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