2020 New Mexico Statutes
Chapter 66 - Motor Vehicles
Article 7 - Traffic Laws; Signs, Signals and Markings; Accidents; Weight and Size; Traffic Safety
Part 4 - TRAFFIC LAWS GENERALLY
Section 66-7-303 - Establishment of speed zones.
A. Whenever the secretary of highway and transportation determines upon the basis of an engineering survey and traffic investigation, a detailed report of which is filed with the traffic safety bureau of the state highway and transportation department, that any speed established by law is greater or less than is reasonable or safe under the conditions found to exist upon any part of a state highway, the secretary of highway and transportation may declare the speed limit for that part, and that speed limit shall be authorized and effective when appropriate signs giving notice thereof are erected at that particular part of the highway; provided that no speed limit shall be declared greater than seventy-five miles per hour. The declaration of speed limits by the secretary of highway and transportation shall not be considered rules for purposes of the State Rules Act [Chapter 14, Article 4 NMSA 1978].
B. Whenever a local authority determines upon the basis of an engineering survey and traffic investigation that any speed limit permitted under state law or local ordinance is greater or less than is reasonable or safe under the conditions found to exist upon any part of a highway within its jurisdiction, it may declare a speed limit for that part, and that speed limit shall be authorized and effective when appropriate signs giving notice thereof are erected at that particular part of the highway; provided that no speed limit shall be declared greater than seventy-five miles per hour.
C. Engineering surveys and traffic investigations made by local authorities shall be on a form approved by the secretary of highway and transportation. If engineers are not available to the local authorities, the state highway and transportation department may make the surveys and investigations for the local authorities.
D. Speed zones may be marked by a sign containing a flashing yellow light and, when the light is in operation, the speed limit, instructions or regulations on the sign are in effect.
E. Alteration of speed limits on state highways by local authorities is not effective until approved by the secretary of highway and transportation.
F. The provisions of Subsections A and B of this section shall not apply to changes of speed limit in construction zones authorized pursuant to Section 66-7-303.1 NMSA 1978.
History: 1953 Comp., § 64-18-2.1, enacted by Laws 1957, ch. 73, § 2; 1963, ch. 145, § 2; recompiled as 1953 Comp., § 64-7-303, by Laws 1978, ch. 35, § 407; 1985, ch. 188, § 2; 1996, ch. 81, § 3.
ANNOTATIONSCross references. — For the appointment of secretary of transportation, see 67-3-7 and 67-3-23 NMSA 1978.
The 1996 amendment, effective May 15, 1996, substituted the references to highway and transportation for references to state highway commission, rewrote Subsections A and B, and made stylistic changes throughout the section.
Altered speed becomes speed limit after alteration. — Section 64-18-1.1, 1953 Comp. (similar to Section 66-7-301 NMSA 1978) and this section authorize the alteration of speed limits. The altered speed then becomes the speed limit. Dahl v. Turner, 1969-NMCA-075, 80 N.M. 564, 458 P.2d 816, cert. denied, 80 N.M. 608, 458 P.2d 860.
Speed limit sign is effective at the point where the sign is located. — Where defendant was convicted of speeding for driving 55 miles per hour in a posted 45 mile-per-hour speed zone, and where defendant argued that speed limit statutes should be construed to allow motorists to accelerate in advance of an increased speed limit sign once the sign is visible, defendant's conviction was proper, because the plain language of 66-7-303(B) NMSA 1978 indicates that a speed limit is effective at the point where the sign is located and continues to be in effect until it ends at the next different speed limit sign. State v. Martinez, 2019-NMCA-049.
