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 66-7-341 - Railroad-highway grade crossing violations; all drivers.
A. A person driving a vehicle approaching a railroad-highway grade crossing shall:
(1) obey traffic control devices, crossing gates or barriers or the directions of an enforcement official at the crossing;
(2) stop not more than fifty feet and not less than fifteen feet from the nearest rail of a crossing if:
(a) a train is moving through or blocking the crossing;
(b) a train is plainly visible and approaching the crossing within hazardous proximity to the crossing;
(c) the sound of a train's warning signal can be heard; or
(d) a traffic control device, crossing gate, barrier or light or an enforcement official signals the driver to stop; and
(3) proceed through the railroad-highway grade crossing only if it is safe to completely pass through the entire railroad-highway grade crossing without stopping.
B. A person shall not:
(1) drive a vehicle through, around or under a crossing gate or barrier at a railroad-highway grade crossing while the gate or barrier is closed or being opened or closed;
(2) drive onto the railroad-highway grade crossing and stop; or
(3) enter a crossing if the vehicle being driven has insufficient undercarriage clearance to pass over the crossing.
C. The penalty assessment for violation of this section is included in Section 66-8-116 NMSA 1978.
History: 1978 Comp., § 66-7-341, enacted by Laws 2003, ch. 51, § 8.
ANNOTATIONSRepeals and reenactments. — Laws 2003, ch. 51, § 8 repealed former 66-7-341 NMSA 1978, as enacted by Laws 1978, ch. 35, § 445, and enacted the above section, effective March 19, 2003.
Cross references. — For the definition of "railroad sign or signal", see 66-1-4.15 NMSA 1978.
For the penalty assessment for violation, see 66-8-116 NMSA 1978.
Failure to stop negligence as matter of law. — Where driver, approaching a four track railroad crossing from a curve in the street, failed to stop, look and listen, and then drove blindly over three tracks and into the path of an oncoming train on the fourth track before being stopped by it, he was guilty of negligence, as a matter of law. Blewett v. Barnes, 1957-NMSC-024, 62 N.M. 300, 309 P.2d 976.
Violation of statute for benefit of drivers, their passengers, and railroad operation personnel is negligence per se. — Where plaintiff, while driving her vehicle, violated this section by failing to stop between 50 and 15 feet before the railroad crossing, suffered the type of harm sought to be prevented through promulgation of the statute, and was within the class of persons to be protected under this section, the district court properly granted defendants' motion for summary judgment regarding negligence per se. Paez v. Burlington N. Santa Fe Ry., 2015-NMCA-112.
Jury question when direction of travel of train misleading. — In case where train, running backwards, hit decedent's car, and where the evidence and circumstances indicate that reasonable persons could entertain different opinions as to whether the decedent was reasonably misled as to the direction of travel of the train, Section 64-18-40, 1953 Comp. (similar to this section), is not a bar to submission to the jury of the issue. Lester v. Atchison, T. & S.F. Ry., 275 F.2d 42 (10th Cir. 1960).
Last clear chance if trainman discovers peril and can stop. — Evidence that, notwithstanding the plaintiff's own negligence in entering a four track railroad crossing heedlessly, which preceded it in point of time, an exercise of due care and caution by the defendant train operator after discovering the perilous situation to which that negligence had exposed the plaintiff very well may have avoided the injury and consequent damage to the plaintiff was ample support for finding for the plaintiff under the last clear chance doctrine. Blewett v. Barnes, 1957-NMSC-024, 62 N.M. 300, 309 P.2d 976.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 65 Am. Jur. 2d Railroads §§ 250, 335, 361.
Failure of occupants of motor vehicle stalled on railroad crossing to get out and move to place of safety as contributory negligence, 21 A.L.R.2d 742.
Contributory negligence of driver of road vehicle running into train or car standing in highway crossing, 84 A.L.R.2d 813.
Failure of signaling device at crossing to operate as affecting liability of railroad for injury, 90 A.L.R.2d 350.
75 C.J.S. Railroads § 773.
Governmental liability for failure to reduce vegetation obstructing view at railroad crossing or at street or highway intersection. 50 A.L.R.6th 95.
