2021 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 66-7-313 - Further limitations on driving to left of center of roadway.

A. No vehicle shall at any time be driven to the left side of the roadway under the following conditions:

(1) when approaching the crest of a grade or upon a curve in the highway where the driver's view is obstructed within such distance as to create a hazard in the event another vehicle might approach from the opposite direction;

(2) when approaching within one hundred feet of or traversing any intersection or railroad grade crossing; or

(3) when the view is obstructed upon approaching within one hundred feet of any bridge, viaduct or tunnel.

B. The foregoing limitations shall not apply upon a one-way roadway.

History: 1953 Comp., § 64-7-313, enacted by Laws 1978, ch. 35, § 417.

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

Passing on hill approaching sharp curve constitutes negligence per se. — Where a violation of these provisions constitutes negligent conduct per se, in an action for damages and where third truck attempting to pass on sharp curve caused collision between two other trucks, the fact that the third truck did not actually collide with either of the vehicles or that the driver did not know that a collision had occurred would be immaterial if his negligence in passing a vehicle on a hill and when approaching a curve was the proximate cause of the collision. Wilsey-Bennett Trucking Co. v. Frost, 275 F.2d 144 (10th Cir. 1960).

Some passing bans not applicable to private roads. — Where roadway was shown not to be a public road, then the statutory ban on passing other vehicles within 100 feet of an intersection of two roads did not apply. Moore v. Armstrong, 1960-NMSC-098, 67 N.M. 350, 355 P.2d 284.

Custom and usage right-of-way evidence admitted for private road accidents. Irwin v. Graham, 1956-NMSC-114, 62 N.M. 72, 304 P.2d 875.

Am. Jur. 2d, A.L.R. and C.J.S. references. — Negligence of motorist as to injury or damage occasioned in avoiding collision with vehicle approaching in wrong lane, 47 A.L.R.2d 119.

Construction and application of statutes regulating or forbidding passing on hill by vehicle, 60 A.L.R.2d 211.

What is a street or highway intersection within traffic rules, 7 A.L.R.3d 1204.

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

60A C.J.S. Motor Vehicles § 268.