2020 New Mexico Statutes
Chapter 66 - Motor Vehicles
Article 7 - Traffic Laws; Signs, Signals and Markings; Accidents; Weight and Size; Traffic Safety
Section 66-7-310 - Overtaking a vehicle on the left.

Universal Citation: NM Stat § 66-7-310 (2020)

The following rules shall govern the overtaking and passing of vehicles proceeding in the same direction, subject to those limitations, exceptions and special rules hereinafter stated:

A. the driver of a vehicle overtaking another vehicle proceeding in the same direction shall pass to the left thereof at a safe distance and shall not again drive to the right side of the roadway until safely clear of the overtaken vehicle; and

B. except when overtaking and passing on the right is permitted, the driver of an overtaken vehicle shall give way to the right in favor of the overtaking vehicle on audible signal and shall not increase the speed of his vehicle until completely passed by the overtaking vehicle.

History: 1953 Comp., § 64-7-310, enacted by Laws 1978, ch. 35, § 414.


Cross references. — For the penalty assessment for violation, see 66-8-116 NMSA 1978.

Left lane truck not proximate cause when right lane car swerving. — Where car signaled for a right turn and veered to the right, then suddenly signaled for a left turn and went from the right to the left side of the road, thereby creating a sudden emergency which truck driver in left lane could not reasonably avoid, truck driver exercised ordinary care in the circumstances and did not violate any statutory or customary rule of the road, so as to proximately contribute to the accident. Watts v. Roberts, 282 F.2d 565 (10th Cir. 1960).

Am. Jur. 2d, A.L.R. and C.J.S. references. — 7A Am. Jur. 2d Automobiles and Highway Traffic §§ 262, 859.

Rights and liabilities as between drivers of motor vehicles proceeding in same direction, where one or both attempt to pass on left of another vehicle so proceeding, 27 A.L.R.2d 317.

Reciprocal rights, duties and liabilities where driver of motor vehicle attempts to pass on right of other motor vehicle proceeding in same direction, 38 A.L.R.2d 114.

Proximate cause as question for jury where motor vehicle driver, passing on left of other vehicle proceeding in same direction, cuts back to the right, 48 A.L.R.2d 232.

Duty and liability of overtaken driver with respect to adjusting speed to that of passing vehicle, 91 A.L.R.2d 1260.

Duty and liability with respect to giving audible signal when driver's view ahead is obstructed at curve or hill, 16 A.L.R.3d 897.

Duty and liability with respect to giving audible signal before passing, 22 A.L.R.3d 325.

60A C.J.S. Motor Vehicles §§ 324 to 326; 61A C.J.S. Motor Vehicles § 686.

Disclaimer: These codes may not be the most recent version. New Mexico may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.