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 66-7-308 - Drive on right side of roadway; exceptions.
A. Upon all roadways of sufficient width a vehicle shall be driven upon the right half of the roadway, and where practicable, entirely to the right of the center thereof, except as follows:
(1) when overtaking and passing another vehicle proceeding in the same direction under the rules governing such movement;
(2) when the right half of a roadway is closed to traffic while under construction or repair;
(3) upon a roadway divided into three marked lanes for traffic under the rules applicable thereon; or
(4) upon a roadway designated and signposted for one-way traffic.
B. Upon all roadways any vehicle proceeding at less than the normal speed of traffic at the time and place and under the conditions then existing shall be driven in the right-hand lane then available for traffic, or as close as practicable to the right-hand curb or edge of the roadway, except when overtaking and passing another car proceeding in the same direction or when preparing for a left turn at an intersection or into a private road or driveway.
History: 1953 Comp., § 64-7-308, enacted by Laws 1978, ch. 35, § 412.
ANNOTATIONSCross references. — For the penalty assessment for violation, see 66-8-116 NMSA 1978.
Provision does not apply to one-car accident. — The legislature did not explicitly state whom it sought to protect in Sections 64-18-8, 1953 Comp. (similar to this section) and 64-18-16, 1953 Comp. (similar to Section 66-7-317 NMSA 1978); it is doubtful that the provision could have been intended by the legislature to apply to a one-car accident of unknown cause in which driver and passenger were killed (regardless of the fact that evidence showed the car crossed into the left-hand lane before its final plunge). The district court properly refused to submit a negligence per se instruction based on these provisions to the jury. Archibeque v. Homrich, 1975-NMSC-066, 88 N.M. 527, 543 P.2d 820.
No violation when on left side to avoid accident. — Where inference possible from the testimony was that motorcyclist either slammed on the brakes which threw his motorcycle to the left because of slippery street or else that he attempted to turn with the other vehicle to avoid the impact, it does not follow that he had been traveling on the left side of the street. White v. Montoya, 1942-NMSC-031, 46 N.M. 241, 126 P.2d 471.
Violation in dense fog is negligence per se. — It is negligence per se for a motorist to drive on left side of highway in a dense fog. Silva v. Waldie, 1938-NMSC-048, 42 N.M. 514, 82 P.2d 282.
Driving on wrong side on steep incline reckless. — Inadvertently allowing an automobile to encroach upon the wrong side of the road while going up an incline so steep cars beyond its crest may not be seen constitutes a reckless, willful and wanton disregard of consequences to others, and will support conviction for manslaughter if one be killed as a result thereof. State v. Rice, 1954-NMSC-037, 58 N.M. 205, 269 P.2d 751.
Evidence of lack of due care. — Evidence that the northbound car traveled from the wrong side of the road, back to the right side, and then across to the wrong side again was evidence of lack of due care. Pavlos v. Albuquerque Nat'l Bank, 1971-NMCA-096, 82 N.M. 759, 487 P.2d 187, 56 A.L.R. 3d 558.
Violation not proximate cause of injury as matter of law. — A violation of Section 64-18-8, 1953 Comp. (similar to this section) does not necessarily justify the trial court in ruling as a matter of law that the violation was the proximate cause of the injury. Martin v. Gomez, 1961-NMSC-090, 69 N.M. 1, 363 P.2d 365.
Violation is negligence as matter of law unless justified. — Where there are facts showing a violation of Section 64-18-8, 1953 Comp. (similar to this section), such a violation is negligence as a matter of law where the violation was neither excused nor justified. Paddock v. Schuelke, 1970-NMCA-099, 81 N.M. 759, 473 P.2d 373.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 7A Am. Jur. 2d Automobiles and Highway Traffic § 260.
Reciprocal rights, duties, and liabilities where motor vehicle, passing on left of other vehicle proceeding in same direction, cuts back to the right, 48 A.L.R.2d 232.
What amounts to reckless driving of motor vehicle within statute making such a criminal offense, 52 A.L.R.2d 1337.
Driving on wrong side of road with insufficient or no lights as contributory negligence, 67 A.L.R.2d 118, 62 A.L.R.3d 560, 62 A.L.R.3d 771, 62 A.L.R.3d 844.
60A C.J.S. Motor Vehicles §§ 274 to 283.
