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 66-7-326 - Signals by hand and arm or signal device.
A. Any stop or turn signal when required herein shall be given either by means of the hand and arm or by a signal lamp or lamps or mechanical signal device except as otherwise provided in Subsection B.
B. Any motor vehicle in use on a highway shall be equipped with, and required signal shall be given by, a signal lamp or lamps or mechanical signal device when the distance from the center of the top of the steering post to the left outside limit of the body, cab or load of such motor vehicle exceeds twenty-four inches, or when the distance from the center of the top of the steering post to the rear limit of the body or load thereof exceeds fourteen feet. The latter measurement shall apply to any single vehicle, also to any combination of vehicles.
History: 1953 Comp., § 64-7-326, enacted by Laws 1978, ch. 35, § 430.
ANNOTATIONSCross references. — For the penalty assessment for violation, see 66-8-116 NMSA 1978.
Lack of required signal negligence per se. — If the truck was proved to be of a certain size, mechanical turning signals were required and their absence would be negligence per se from which liability could be found if this negligence was the proximate cause of the accident. Mills v. Southwest Builders, Inc., 1962-NMSC-115, 70 N.M. 407, 374 P.2d 289.
Statutory violation must be proximate cause of accident. — Even though a motorist is negligent in entering an intersection without stopping or signaling as required by law or in violation of a right-of-way regulation, it remains a jury question whether such violation was a factor in bringing about the accident. Williams v. Haas, 1948-NMSC-004, 52 N.M. 9, 189 P.2d 632.
If person is looking and does not see, reasonable inference follows that lights did not turn on, but quite the contrary is true when the person who would have seen had he been looking testifies that he was not looking. Turner v. McGee, 1961-NMSC-023, 68 N.M. 191, 360 P.2d 383.
Requirements apply to trucks only operated within city limits. — Section 64-18-25, 1953 Comp. (similar to this section), provides an option for the giving of turn signals by means of the hand or mechanical device in the case of automobiles but makes mandatory the use of the mechanical device on trucks which fall within the classifications set forth in Subsection B, and the fact that the vehicle is operated only within city limits has no effect upon this requirement. 1953 Op. Att'y Gen. No. 53-5743.
Measurement does not include fenders. — The 24 inches tolerance provided for in Laws 1953, ch. 139, § 80 B does not include, in the computation of the distance, the fenders of a vehicle, but only the body, cab or load. 1953 Op. Att'y Gen. No. 53-5875.
Am. Jur. 2d, A.L.R. and C.J.S. references. — Liability for accident arising from failure of motorist to give signal for left turn between intersections, 39 A.L.R.2d 103.
Motorist's liability for signaling other vehicle or pedestrian to proceed, or to pass signaling vehicle, 14 A.L.R.5th 193.
