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 66-7-346 - Stop before emerging from alley or private driveway.

The driver of a vehicle within a business or residence district emerging from an alley, driveway or building shall stop such vehicle immediately prior to driving onto a sidewalk or the sidewalk area extending across any alleyway or driveway, and shall yield the right-of-way to any pedestrian as may be necessary to avoid collision, and upon entering the roadway shall yield the right-of-way to all vehicles approaching on said roadway.

History: 1953 Comp., § 64-7-346, enacted by Laws 1978, ch. 35, § 450.

Cross references. — For definitions applicable to this section, see 66-1-4 to 66-1-4.20 NMSA 1978.

For yielding right-of-way before entering highway, see 66-7-331 NMSA 1978.

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

Exit from a business parking lot is a driveway. — Where defendant was driving out of a parking lot in a business district; the parking lot had an area for parking vehicles and a path for vehicular travel that allowed patrons ingress and egress to a roadway; a sidewalk spanned the access point that defendant was exiting between the roadway and the private property lines; and defendant stopped on, rather than before, the sidewalk area, defendant violated Section 66-7-346 NMSA 1978 because the location where defendant was exiting the parking lot was a driveway. State v. Scharff, 2012-NMCA-087, 284 P.3d 447, cert. denied, 2012-NMCERT-007.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 7A Am. Jur. 2d Automobiles and Highway Traffic § 242.

60A C.J.S. Motor Vehicles § 345; 61A C.J.S. Motor Vehicles § 714(2), (3).