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 66-7-332 - Operation of vehicles on approach of moving authorized emergency vehicles; operation of vehicles on approach of certain stationary vehicles.
A. Upon the immediate approach of an authorized emergency vehicle displaying flashing emergency lights or when the driver is giving audible signal by siren, the driver of every other vehicle shall yield the right of way and shall immediately drive to a position parallel to, and as close as possible to, the right-hand edge or curb of the roadway clear of any intersection and shall stop and remain in that position until the authorized emergency vehicle has passed, except when otherwise directed by a police officer.
B. Upon approaching a stationary authorized emergency vehicle or a recovery or repair vehicle displaying flashing emergency or hazard lights, unless otherwise directed, the driver of a vehicle shall:
(1) if reasonably safe to do so, drive in a lane not adjacent to the stationary vehicle, decrease the speed of the vehicle to a speed that is reasonable and prudent under the circumstances and proceed with caution; or
(2) if it is not reasonably safe to drive in a lane not adjacent to the stationary vehicle, decrease the speed of the vehicle to a speed that is reasonable and prudent under the circumstances, proceed with caution and be prepared to stop.
C. This section shall not operate to relieve the driver of an authorized emergency vehicle or the driver of any other vehicle from the duty to drive and park with due regard for the safety of all persons using the highway.
History: 1953 Comp., § 64-7-332, enacted by Laws 1978, ch. 35, § 436; 2001, ch. 59, § 1; 2005, ch. 10, § 1; 2017, ch. 75, § 2.
ANNOTATIONSCross references. — For the definition of "authorized emergency vehicle", see 66-1-4.1 NMSA 1978.
For the penalty assessment for violation of this section, see 66-8-116 NMSA 1978.
The 2017 amendment, effective June 16, 2017, required drivers to treat stationary recovery or repair vehicles with flashing emergency or hazard lights the same as other stationary vehicles with emergency lights on the highway; in the catchline, added "operation of vehicles on approach of certain stationary vehicles"; in Subsection A, after "signal by siren", deleted "exhaust whistle or bell"; in Subsection B, in the introductory clause, after "stationary vehicle", added "or a recovery or repair vehicle", and after "flashing emergency", added "or hazard", in Paragraph B(1), after "adjacent to", deleted "where", after the next occurrence of "the", deleted "authorized emergency" and added "stationary", and after the first occurrence of "vehicle", deleted "is stopped", in Paragraph B(2), after "adjacent to", deleted "where", after the next occurrence of "the", deleted "authorized emergency" and added "stationary", and after the first occurrence of "vehicle", deleted "is stopped"; and in Subsection C, after "emergency vehicle", added "or the driver of any other vehicle".
The 2005 amendment, effective June 17, 2005, required motorists approaching a stationary emergency vehicles with flashing emergency lights to drive in a lane not adjacent to the emergency vehicle if reasonably safe to do so and to reduce speed.
The 2001 amendment, effective June 15, 2001, deleted "other than a police vehicle" preceding "when operated as an authorized emergency vehicle".
Provision does not state driver's standard of care to passengers. — The standard of care provided by Section 64-18-31, 1953 Comp. (similar to this section), is not the standard of care owing by an ambulance driver to his passengers. Otero v. Physicians & Surgeons Ambulance Serv., Inc., 1959-NMSC-024, 65 N.M. 319, 336 P.2d 1070.
Police vehicle showing red lights or sounding siren is emergency vehicle and all approaching or pursued vehicles are required to stop. 1959 Op. Att'y Gen. No. 59-20.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 7A Am. Jur. 2d Automobiles and Highway Traffic § 244.
Construction and application of statutory provision requiring motorists to yield right-of-way to emergency vehicle, 87 A.L.R.5th 1.
60A C.J.S. Motor Vehicles §§ 371 to 377; 61A C.J.S. Motor Vehicles § 714(2).
