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Safe Driving Tips Defensive Driving in Florida When driving in Florida, the key is to drive defensively, which means defending yourself as you drive. You are constantly on the alert for “hostile” actions by other drivers, drunk drivers, crazy drivers, and poor weather conditions. Follow these defensive driving techniques to avoid collisions. Be alert. Don’t assume that other drivers will drive courteously. Be aware of vehicles a few cars ahead. Stay alert and look for trouble spots developing around you. Maintain a safe following distance. In order to calculate a safe following distance between your vehicle and the vehicle ahead, apply the 3-second rule discussed later in this chapter.Scan ahead and think ahead for hazards or potential hazards. By looking ahead, you allow yourself the opportunity to see hazards early. Work out contingency plans. It is a good idea to constantly identify escape routes in case hazards do arise. You should also always have an alternate route if something happens on the road you are currently traveling on. Your reaction time on average is 3/4 second before you begin to change speed or direction in response to a problem. At 55 mph, you are 67 feet closer to the problem before taking any action. Use your horn to warn others of your presence or of an impending situation. DO NOT use your horn to express your emotions (i.e. anger, rage, disappointment). Sample Traffic School Chapter 1. Defensive driving The goal of the defensive driving is to save lives, time and money by training drivers in collision prevention techniques, regardless of road and weather conditions or the actions of other drivers. It is designed to heighten drivers awareness of everything happening around them while driving. In teaching these techniques, defensive driving also promotes an attitude of mutual understanding, courtesy and cooperation on the road. See also chapter 2.1, Characteristics of Good Drivers. a. Ten Common driving errors: i. Speeding ii. Failure to wear a seat belt iii. Inattentiveness iv. Distraction inside the vehicle (i.e., cell phone use, changing a tape or cd, talking with passengers) v. Incorrect assumptions about other drivers (i.e., assuming the other driver will yield right-of-way) vi. Tailgating, following too closely vii. Failure to yield right-of-way, including not checking for traffic before changing lanes or entering a traffic flow, improper turning procedures, etc. viii. Failure to obey traffic signals and signs Defensive Driving Techniques ix. Driving while fatigued x. Driving a vehicle that is not well maintained (i.e., poor tires, brakes, etc.) b. Defensive driving concepts and techniques. i. Space and time to maneuver and react. Critical to defensive driving is that the driver has enough space to maneuver and time to react. (1) Following distance. Of all the unsafe driving practices, tailgating is one of the most often cited as aggressive or hostile behavior. In a study of aggressive driving on the Capital Beltway in Washington D.C., it was listed as one of the unsafe driving behaviors most likely to cause a crash. (a) The two-second rule says there must be at least two seconds between the back of one vehicle and the front bumper of the following vehicle. Drivers can gauge this distance by watching the vehicle in front pass a stationary point, such as a pole or mile marker. As the rear bumper passes the mark, the driver begins counting, one thousand and one, one thousand and two. If the front bumper of the following car reaches the marker before the count is complete, the driver is following to closely and should back off. (b) Add seconds for adverse road conditions, such as wet pavement or limited visibility -- one second should be added for each adverse condition (see Chapter Adverse Driving Conditions (2) Visual lead time -- space cushion. The driver should be anticipating traffic movements and possible hazards as far away as the car will reach in twelve seconds. Other vehicles, pedestrians, animals may suddenly move into the car s path and require that the driver respond quickly. A defensive driver avoids allowing him/herself to be taken by surprise and forced to react to a situation, rather, s/he anticipates potential conflicts and provides a space cushion around his/her vehicles (see information on the Smith System and IPDE process in Chapter 2.1, Characteristics of Good Drivers). (3) Always leave an out. By scanning ahead and maintaining a safe distance between his/her vehicle and potential hazards, the driver will have the time determine a path to avoid a collision. This may be by stopping or moving into another lane or open space beside the road. A driver can also practice a what-if technique, What will I do if the car in front of me stops suddenly, What will I do if that bicyclist suddenly swerves in front of me. ii. Communicate with other drivers. Drivers need to let others know where they are and what they are going to do. All vehicles are equipped with devices to assist in communication. Turn signals should be used every time the driver is about to make a turn or move into another lane. The horn is used to gain attention and alert others of the driver s location (not to express impatience!). Headlights allow others to know where the car is in poor lighting conditions. Flashers are used to indicate that the car is stopped on the road or there is an emergency situation. In addition, drivers can communicate with each other through eye contact and hand gestures (courteous ones!). iii. Traffic laws as social contract. Traffic laws are a socially agreed upon set of standards for behavior on the roadways, whether or not an individual agrees with any specific law. By following the traffic laws, drivers can anticipate and react effectively to each others actions. When laws are disregarded, such as in speeding, running traffic signals and stop signs, tailgating, etc., the social contract is broken and it becomes more difficult for drivers to predict another s actions behind the wheel. It can also be dangerous to override traffic laws in an attempt to be helpful. Sometimes a driver who has the legal right-of-way will stop for cross traffic or wave another driver through a stop sign, or will stop the car to allow a pedestrian to cross a street away from a crosswalk. These actions cause confusion for other drivers and can result in a crash. It is safer to follow the established laws and procedures while watching out for those drivers who do not. (For further information on penalties for breaking the motor vehicle laws see Chapter 2.3 Driving Under the Influence and Chapter 2.4 Licensing) iv. Signals According to the Insurance Institute for Highway Safety, disregarding red signals and other traffic control devices is the leading cause of urban crashes, representing 22 percent of the total number of crashes. (1) Traffic signal procedures (a) Steady Red indicates that the driver must come to a full stop behind the crosswalk and not proceed until the signal changes to green. In New Mexico, drivers can turn right on red after coming to a complete stop and yielding right- of-way to oncoming traffic and pedestrians in the crosswalk, unless the intersection is marked No Turn on Red. Drivers may turn left on red only from a one-way street onto a one-way street after coming to a complete stop and yielding to pedestrians. (b) Steady Yellow indicates an alert that the signal is about to turn red. Drivers should stop before the crosswalk if possible to do so safely. If not, drivers should proceed cautiously through the intersection before the signal turns red. Do not speed up to go through the intersection before the signal turns red. (c) Steady Green indicates that the driver should proceed through the intersection with caution, staying alert for other drivers who might run the red signal and for pedestrians who are still in the crosswalk. If turning left on a green signal, drivers must yield to oncoming traffic and pedestrians in the turn path. (d) Flashing Yellow indicates that the driver should slow down and proceed with caution. Traffic coming in the other direction will have a flashing red light. (e) Flashing Red indicates that the drivers must come to a full stop behind the crosswalk, then proceed cautiously. Drivers should be alert to the color of the signal the drivers on the intersecting road are seeing. If the crossing signal is also flashing red, the intersection should be treated as a four-way stop sign. If the crossing signal is flashing yellow, the drivers in the crossing traffic have the right-of-way, and drivers with the flashing red signal should wait until all cross traffic is clear before proceeding. (f) Arrows indicate in what directions drivers may proceed. Green indicates that a driver may turn in that directions, red indicates that they may not move in that direction. Drivers should yield right-of-way to traffic with a green arrow. (g) Photo enforcement. Some communities have implemented the use of cameras at intersections to record drivers who run red signals or stop signs. In a national survey by NHTSA, more than 7 in 10 drivers approved of photo enforcement devices to reduce running red signals and stop signs, as well as reduce speeding, especially in areas where crashes occur frequently. Those who approve believe photo enforcement decreases these unsafe actions and provides solid evidence of the violation. However, those who disapprove believe that there are privacy concerns and that personal interaction with law enforcement officers is preferable. Page 4 Chapter 2 Defensive Driving Techniques 2-4 Activity: Have students investigate and report on the use of photo enforcement devices in their area, including any laws regarding their use and where they might be located. v. Right-of-way. According to the National Safety Council, more than half of all urban collisions occur at intersections and are usually the result of right-of-way violations. Rural intersections can be more dangerous because speed limits tend to be higher in rural areas. (1) Right-of-way indicates which driver has the privilege of going first. The right-of-way is given by other drivers, not taken; the law only states who should yield right-of-way, it does not give anyone the right-of-way. Drive Right, (Scott Foresman, 1993 edition) outlines the following considerations for yielding: (a) Your action should not cause those to whom you should yield the right-of-way to slow or stop. (b) Traffic signs and signals only show who should yield the right-of-way. They do not stop traffic for you. (c) Others can give you the right-of-way. Never assume others will yield to you. (d) Failure to yield the right-of-way is one of the most frequent violations in fatal collisions. (2) Yielding at stop signs and yield signs. (a) Two-way stop signs. Drivers are to come to a full stop and yield right-of-way to: (i) all traffic on the through street. (ii) If turning left, yield to facing traffic going straight. (iii) pedestrians in or near the crosswalk or in the turn path. (b) Four-way stop signs. Drivers are to come to a full stop and yield right-of-way to: (i) all pedestrians in the crosswalks. (ii) vehicles that arrive first. (iii) if two or more vehicles arrive at the stop sign at the same time, yield to the vehicle on the right. If they are facing each other, a left-turning driver yields to one going straight. (c) Yield signs. Drivers are to yield right-of-way to: (i) all traffic on the cross street. (ii) all pedestrians in or near crosswalks. (iii) It is not necessary to come to a complete stop unless required to avoid a collision. (3) Yielding in other situations. (a) Alleys, driveways, private roadways. Drivers are to yield right-of-way to all vehicles on the street and all pedestrians . (b) Emergency vehicles. Drivers are to immediately yield to all emergency vehicles (such as ambulance, police, fire trucks, etc.) when the emergency vehicle is using flashing lights or sounding a siren. Drivers should move out of an intersection and close to the curb and wait for the emergency vehicle to pass. (If the driver is on a divided highway, and the emergency vehicle is on the other side, pulling over to the side of the road is not required.) (c) School buses. If the amber lights on a bus are flashing the bus is about to stop and drivers should slow down and anticipate where the bus will stop. If the red lights are flashing and the bus is stopped, drivers are not to pass the bus from any direction. (d) Trains. Drivers should approach any railroad crossing with caution and never drive around lowered gates or rely totally on warning signals. A crash with a train is 11 time more likely to be fatal than any other collision. Page 5 Chapter 2 Defensive Driving Techniques 2-5 (e) Uncontrolled intersections. Drivers should yield right-of-way as at a four-way stop sign. It is not necessary to come to a complete stop unless required to avoid a collision. (f) Pedestrians at green lights. When a signal first changes to green, drivers should yield to pedestrians in the crosswalk or turn path, or vehicles that are still in the intersection. vi. Traveling through intersections. Drivers must be able to predict how long it will take to pass through intersections or enter a flow of traffic. The gap (distance) between vehicles is the space that the driver has to enter traffic or move through an intersection. The time available to move through the gap depends on this distance between vehicles and the speed at which they are moving. (1) Generally speaking, it takes approximately four seconds to cross an intersection from a full stop. If traffic is moving at 30 mph, there needs to be a gap of about 2/3 of a block in each direction in order to move through the intersection. This time is increased to six seconds (a one block gap) if the driver is making a right turn, and to 7 seconds (more than a one block gap) if the driver is making a left turn. (2) These times and distances increase even more for large intersections. Activity: Have students observe traffic on a street corner where the speed limit is 30 mph and measure the time it takes for vehicles to go through the intersection 1) from a full stop, 2) turning right, 3) turning left. As a car s front bumper enters the intersection, they should start counting, one-one thousand, two-one thousand, and continue until the car s rear bumper has cleared the intersection. Have them observe the length of the gap (2/3 block, 1 block, etc.) required to safely pass through the intersection. Suggest they use a similar technique by observing the driver of a car in which they are a passenger. vii. Speeding. Exceeding the posted speed limit or driving too fast for conditions is a serious threat to the motoring public. In New Mexico in 1998, there were over 8,000 crashes that listed excessive speed as a contributing factor to the crash. Nationally, according to NHTSA statistics, speed is recognized as a contributing factor in about one-third of all fatal traffic crashes. (1) Drivers speed for many reasons: (a) They are late and in a hurry. (b) It is a challenge to some drivers to drive at a speed in excess of the posted limit but below a level at which they believe they will be cited (as in, Police never cite anyone until they are 10 miles over the limit. ). (c) Their judgement is impaired by alcohol or other drugs (d) There is also inadvertent speeding youth and/or inexperience leads some drivers to travel too fast for the roadway environment through neighborhoods, intersections, bridges, curves, and construction zones. (e) Similarly, drivers who have been traveling at a relatively high rate of speed for an extended time (on the Interstate for instance) become speed habituated -- they become so used to going fast on the highway that excessive speeds through slower road environments seem normal. (2) Know your speed. New Mexico s Interstate have a wide variation of speed limits: 55, 60, 65, 70 and even 75. Other state highways have even greater variation. The Highway and Transportation Dept. has an ongoing Know Your Speed campaign designed to reduce speeding by informing the public about the varied speed limits and their penalties, including license point penalties and fines. Along with this education, the Traffic Safety Bureau has funded a series of speed enforcement programs across the state to catch and punish speeders. (a) Points: In the state s Point System speeding offenses receive the highest level of Page 6 Chapter 2 Defensive Driving Techniques 2-6 sanctions -- eight points for excessive speeding-- the maximum allowed in any 12 - month period is 12. (The text of the Point System MVD Regulations is at the end of Chapter 2.4 Licensing.) Drivers with 12 points or more get their licenses suspended for 12 months and must go to driver improvement school before their license will be returned. (b) Fines. The fines for speeding vary, depending on how much over the limit a driver is. The lowest fine (including a series of extra fees and court costs) is $54, and the highest is $243. (See the Laws Section of Chapter 2.4 Licensing, Section 66-8-116 and 116.3 for the text of the laws on Penalty Assessment Misdemeanor fines and additional costs.) (3) Minimum speed. In New Mexico, it is also against the law to drive at such a slow speed as to impede the normal and reasonable movement of traffic except when reduced speed is necessary for safe operation or in compliance with law. (See Section 66-7-305 below for more on minimum speed regulation.) viii. Hand signals. Hand and arm signals are given as follows: (1) Left turn: hand and arm extended horizontally; (2) Right turn: hand and arm extended upward; and (3) Stop or decrease speed: hand and arm extended downward. ix. Parking. Drivers must park their vehicles with the right-hand wheels parallel to and within eighteen inches of the right-hand curb. (1) Drivers should be able to proficiently perform the following maneuvers: (a) Parallel parking; (b) Angle parking; (c) Parking on hills. (2) Parking is prohibited as follows: (a) on a sidewalk; (b) in front of a public or private driveway; (c) within an intersection; (d) within fifteen feet of a fire hydrant; (e) on a crosswalk; (f) within twenty feet of a crosswalk at an intersection; (g) within thirty feet upon the approach to any flashing beacon, stop sign or traffic-control signal located at the side of a roadway; (h) between a safety zone and the adjacent curb or within thirty feet of points on the curb immediately opposite the end [ends] of a safety zone, unless the traffic authority indicates a different length by signs or markings; (i) within fifty feet of the nearest rail of a railroad crossing; (j) within twenty feet of the driveway entrance to any fire station and on the side of a street opposite the entrance to any fire station within seventy-five feet of said entrance, when properly signposted; (k) alongside or opposite any street excavation or obstruction when stopping, standing or parking would obstruct traffic; (l) on the roadway side of any vehicle stopped or parked at the edge or curb of a street; (m) upon any bridge or other elevated structure upon a highway or within a highway tunnel; or (n) at any place where official signs prohibit stopping. x. Road and weather conditions. Drivers must always be prepared to respond safely to less-than-ideal road conditions. In all cases, the driver should reduce speed and increase the following distance in order to maintain a Page 7 Chapter 2 Defensive Driving Techniques 2-7 safe driving space. (1) Too much or too little light impacts safe driving. A driver can mitigate the effects of too much light, such as glare, by properly using mirrors, sun visors, and sunglasses, and by keeping the windshield clean. When there is too little light, such as at night or during foggy or rainy conditions, the driver should turn on the car s headlights to see and be seen. Drivers should be cautious, however, of using their high beams in foggy or snowy conditions; high beams will simply reflect off the fog or snow and make it harder to see. Also, high beams can be dangerous to other drivers, creating increased glare that can blind drivers in oncoming traffic or when reflected in a driver s rear-view mirrors, even on divided highways. Drivers need to dim their lights to low beam when following other vehicles or when there is oncoming traffic. (2) Adverse weather conditions. Rain, snow, fog, and wind dangerously alter the state of the roadway and visibility and severely hamper a person s ability to drive safely. The road is always the slickest at the beginning of precipitation because it causes the oil and grease to float to the top of the road surface. See Chapter 3.1, Adverse Driving Conditions. (3) Road construction, roadside emergencies. Highway crews often must block certain stretches of road in order to maintain or repair the roads and roadside emergencies usually involve emergency vehicles, such as ambulances, police cars, even helicopters. This can cause increased congestion, reduced visibility, and distractions for a driver. Defensive drivers will stay alert to unexpected actions of others and focused on their own driving task (see Chapter 1.3, Crashes and Other Roadside Emergencies). xi. Car safety measures. All vehicles require regular maintenance to be safe. This maintenance is part of the driver s responsibility to ensure that the car operates properly and responds safely on the road. (1) Outside the vehicle. All of the mechanical components of the car should be in good working condition to help ensure safety. Brakes, transmission, light system (including headlights, taillights, signals and brake lights) need to be regularly checked and serviced. Tires should be inspected for tread and air pressure and rotated and balanced on a regular basis. All fluids (oil, brake, transmission, anti-freeze, windshield washer, etc.) should be checked regularly and changed as recommended by the manufacturer. All glass should be kept clean to maintain visibility and avoid increased glare. (2) Inside the vehicle. Drivers should check the position of the seat and mirrors each time they get into the vehicle. A properly adjusted seat helps a driver maintain concentration and reduces fatigue. Properly adjusted mirrors are critical in allowing a driver watch the road behind him/her. The single action inside the car that will save the most lives is using seatbelts, both driver and passengers. Infants and children should be strapped in the appropriate child safety seats for their age and size. People who use their safety belts have a 45% better chance of surviving a serious traffic crash and a 50% chance of avoiding serious injury (see also chapter 2.1, Characteristics of Good Drivers). Air bags are designed to be used in addition to safety belts, not instead of them. c. Collision prevention techniques i. The National Safety Council uses the following formula: (1) Recognize the hazard. A driver should continuously evaluate the conditions that may cause her/him to lose control of the car, such as bad weather or road conditions or distractions in the car (i.e., cell phone use, noisy passengers, back seat drivers ), or other drivers or pedestrians inattention or risky behaviors. Drivers need to scan the road ahead, check their mirrors every three to five seconds, and keep their attention focused on Page 8 Chapter 2 Defensive Driving Techniques 2-8 driving. (2) Understand the defense. Drivers need always to be fine tuning their driving skills and learning how to deal with hazardous situations. Experience is one of the biggest factors in defensive driving. As a novice driver gains experience, s/he develops the feel of the car and gains more control, so that in responding to a threat, the driver is more able to stay in physical control of the car. Drivers will develop quicker reactions to potential hazards and learn to make decisions that decrease the risk to themselves and others. Another crucial element to defensive driving is the driver s ability to control her/his emotional reaction and remain objective about other drivers behaviors. Impatience, anger, and stress can lead a driver into making bad driving decisions that risk their own and others lives (see chapter 2.2 Challenges to Good Driving). Activity: Have students think about something other drivers do that upset them in a traffic situation. Have them explain the situation, how they feel and think, then how they can control the situation. (3) Act correctly, in time, before the situation gets out of control. Avoid the hazard in time to prevent the collision. Always, the correct action is the one that is safest for everyone. That may mean reducing speed, increasing the following distance, taking a different route or refusing to drive at all if a situation is too risky (i.e., if the driver has been drinking, is too tired, or passengers are being disruptive). Activity: Have students play a series of what-if scenarios, including situations where 1) friends or parents will not fasten their safety belt in the student s car, 2) friends tease or ridicule the student for not speeding or driving after drinking, 3) the student is frustrated or angry at another driver s actions, 4) the student is driving and is at risk from another driver s risky behavior. ii. Three biggest mistakes: According to the video Safe Driving Techniques, three situations account for more than 50% of all urban crashes - following too closely, backing, and intersections. They advocate a formula of: (1) Anticipate. Similar to recognize the hazard , the driver anticipates any possible hazards presented by other drivers inattention, carelessness, or risky behaviors, weather conditions, pedestrians, or any other potential threats. (2) Adjust. Drivers need to adjust their driving behavior to the circumstances in order to avoid a collision. (3) Assume nothing. Conditions change constantly on the road and the driver cannot assume that the situation will remain static. Just because the car ahead is moving forward at one moment does not mean that it will continue to do so. Circumstances may force the driver to slam on the brakes or take other evasive action. Drivers also cannot automatically assume others will follow traffic laws or act courteously while driving and need to be constantly alert. 2. Signs and roadway markings The following is a brief summary of the traffic signs and roadway markings that a driver is likely to encounter while driving. Please see Chapter 3.2 Road and Highway Design for a more complete discussion of the issues and science involved in traffic design and engineering. a. Traffic signs have four basic purposes: to warn, guide, inform, and regulate. The shape and color of the sign will give a quick identification for the purpose of the sign. i. Colors: (1) Red: Stop or Prohibition, such as a stop sign (2) Green: Guide signs on freeways, such as Next Exit 1 Mile Page 9 Chapter 2 Defensive Driving Techniques 2-9 (3) Blue: Motorist information, such as signs showing the location of a hospital or rest area (4) Yellow: General warning, such as Right Lane Ends (5) Orange: Highway construction and maintenance warning (6) White: Regulation, such as a speed limit sign (7) Brown: Public recreation, scenic places, state and national parks ii. Shapes: (1) Octagon: Used exclusively for Stop Signs (2) Horizontal Rectangle: Generally for guide signs (3) Equilateral Triangle: Used exclusively for Yield Signs (4) Pennant: Advance warning of No Passing Zones (5) Diamond: Used exclusively to warn of existing or possible hazards on the road or adjacent area (6) Vertical Rectangle: Generally used for regulatory signs, such as a Speed Limit sign or One Way sign (7) Pentagon: School Advance and School Crossing signs (8) Round: Railroad Advance Warning sign Activities: Have students identify the purpose of various signs using flash cards with a sign s shape and color. Using warning signs that have symbols only (no words) have students explain what the sign is warning of and what action they would take when they see the sign. b. Roadway markings Often there will be lines, words or figures painted on the roadway itself or on curbs. These are designed to give the driver warning or direction. i. Yellow line markings (1) A broken yellow line separates two-way traffic. A driver may pass other vehicles only when there is enough of a gap in oncoming traffic to pass without collision. (2) A solid yellow line on the driver s side of the center line indicates that passing another vehicle is not allowed. A driver may make a left turn across a solid yellow line after yielding to oncoming traffic. (3) Two solid yellow lines indicate that any passing across the yellow lines is prohibited. ii. White line markings (1) Broken white lines separate lanes of one-way traffic. Drivers may cross the broken lines when changing lanes. (2) Solid white lines can have several meanings, depending on the environment: (a) To restrict lane changing: These are placed where changing lanes would be hazardous and should not be crossed. (b) To mark the edge of the road along the side: These assist the driver in seeing the edge of the road, especially at night. (c) To mark pedestrian crosswalks and stop lines at intersections: Drivers should stop behind these lines at an intersections. (d) To mark bicycle lanes at the right side of the road. (3) White arrows are used to indicate the direction the traffic is to proceed in that lane. If a driver is in a lane with an arrow and the word ONLY, the driver must follow the direction of the arrow, such as in a Right Turn Only lane. iii. Rumble strips and raised roadway markings (1) Rumble strips are sections of corrugated roadway that alert the driver, through the noise the tires make, of a potential hazard, such as a dangerous intersection, bridge, or an unexpected need to stop or reduce speed. They are also used on the shoulder of roadway to warn the driver that s/he is about to drive off of the road. These can be especially useful Page 10 Chapter 2 Defensive Driving Techniques 2-10 Suggested Review Questions when a driver is fatigued and is drifting off of the road. (2) Raised or lowered roadway markings are used on roadways where is may be difficult for the driver to see the driving lane. These are small reflectors that shine when the headlight beam strikes them and that define the driving lane. iv. Other roadway markings (1) Roadways may be painted with a variety of words or universal symbols to give warning and guidance to drivers. Examples include School Zone , Yield to Pedestrians , Bicycle Lane , or symbols for a railroad crossing or handicapped parking. (2) Curbs may be painted yellow to indicate no parking zones, red to indicate fire lanes, or blue to indicated handicapped zones. 1. If you see a yellow, diamond shape sign, what should you be alert for? Any hazards on the road or adjacent to it. Diamond shapes are used exclusively for warning. 2. True or False: A steady red signal and a flashing red signal should be treated in the same way by the driver. False. At a steady red signal the driver must wait until it turns green before proceeding (unless making a legal right turn on red). At a flashing red signal, the driver may proceed cautiously after coming to a complete stop and yielding right-of-way to cross traffic and pedestrians. 3. True or False: A driver may not make a left turn across a solid yellow line in his/her lane. False. Drivers may make a left turn after yielding to oncoming traffic. 4. List three (3) ways white line markings may be used on roadways. 1) Broken white lines separate lanes of one-way traffic. Drivers may cross the broken lines when changing lanes; 2) Solid white lines can have several meanings, depending on the environment: (a) To restrict lane changing: These are placed where changing lanes would be hazardous and should not be crossed; (b) To mark the edge of the road along the side: These assist the driver in seeing the edge of the road, especially at night; (c) To mark pedestrian crosswalks and stop lines at intersections: Drivers should stop behind these lines at an intersections; (d) To mark bicycle lanes at the right side of the road. 5. State the goal of defensive driving. To save lives, time and money by training drivers in collision prevention techniques, regardless of road and weather conditions or the actions of other drivers. 6. Name five (5) of the most common driving errors. Any of the following: (1) speeding, (2) failure to wear a seat belt, (3) driving while impaired by alcohol, drugs or fatigue,(4) inattentiveness, (5) distraction inside the vehicle (i.e., cell phone use, changing a tape or cd, talking with passengers), (6) incorrect assumptions about other drivers (i.e., assuming that the other driver will yield right-of-way), (7) tailgating, following too closely, (8) failure to yield right-of- way, including not checking for traffic before changing lanes or entering a traffic flow, (9) improper turning procedures, (10) failure to obey traffic signals and signs (often related to (4) above), (11) Driving a vehicle that is not well maintained (i.e., poor tires, brakes, etc.). Page 11 Chapter 2 Defensive Driving Techniques 2-11 7. Explain the two-second rule. There must be at least two seconds between the back of one vehicle and the front bumper of the following vehicle. Drivers can gauge this distance by watching the vehicle in front pass a stationary point, such as a pole or mile marker. As the rear bumper passes the mark, the driver begins counting, one thousand and one, one thousand and two. If the front bumper of the following car reaches the marker before the count is complete, the driver is following too closely and should back off. 8. True or False: If the road is wet and it is night, drivers should increase their following distance by at least two seconds. True. One second of following time should be added for each adverse condition; one second for the wet road, one second for night time driving. 9. What does it mean to leave yourself an out in a driving situation? It means the driver has identified a path to follow to avoid a collision. This is determined by scanning ahead and maintaining a safe distance from other cars. 10. True or False: If you have a green light at the traffic signal, the law gives you the right-of-way. False. The law does not give the right-of-way to anyone; it only stipulates which driver should yield right-of-way. Right-of-way is given by other drivers, not taken. Drivers should know in what situations they are expected to yield right-of-way. 11. What is the difference in yielding right-of-way at a four-way stop and an uncontrolled intersection? You do not have to come to a complete stop at an uncontrolled intersection, unless necessary to avoid a collision. 12. What actions should a driver take when road conditions are poor. In all cases, the driver should reduce her/his speed and increase the following distance in order to maintain a safe driving space. 13. Name three conditions that can adversely affect road conditions. 1) Too much or too little light, 2) Poor weather conditions, 3) Road construction or emergencies. 14. What single action inside a vehicle can save the most lives in a collision? Properly fastening the safety belts of everyone in the car. 15. Explain the National Safety Council s three-step formula for avoiding collisions. (1) Recognize the hazard. A driver should continuously evaluate the conditions that may cause her/him to lose control of the car: scan the road ahead, check their mirrors every three to five seconds, and keep their attention focused on driving. (2) Understand the defense. Drivers need always to be fine tuning their driving skills and learning how to deal with hazardous situations. Drivers also need to develop the ability to control emotional reactions and remain objective about other drivers behaviors; (3) Act correctly, in time, before the situation gets out of control. That may mean reducing speed, increasing the following distance, taking a different route or refusing to drive at all if a situation is too risky (i.e., if the driver has been drinking, is too tired, or passengers are being disruptive). Page 12 Chapter 2 Defensive Driving Techniques 2-12 Resources New Mexico Laws The Highway Safety Desk Book at www.nhtsa.dot.gov Safe Driving Techniques, The Blindfold Effect. 17 minute video produced by Aurora Pictures for the Federated Insurance Companies Learning to Drive...A guide for teenagers and their parents at www.drivers.com National Safety Council, Alive at 25" program and Defensive Driving Course Drive Right. 9 th Edition, Teacher s Edition. Scott Foresman, 1993 Handbook for Responsible Driving for Parents and Teens. Cobb County Teen Driver Awareness Committee, Cobb County, Georgia. May be found on the Web at www.nhtsa.dot.gov Novice Driver Education Model Curriculum Outline. Prepared for the AAA Foundation for Traffic Safety. May be found on the Web at www.aaafts.org PART 4 TRAFFIC LAWS GENERALLY 66-7-301. Speed regulation. A. No person shall drive a vehicle on a highway at a speed greater than: (1) fifteen miles per hour on all highways when passing a school(1) fifteen miles per hour on all highways when passing a school while childrenare going to(1) fifteen miles per hour on all highways when passing a school while children are going to or leavingschool and when the school zone isproperly posted; (2) thirty miles per hour inany business or residence district; (3) seventy-five miles per hour; and (4)(4) the posted speed limit in construction zones, provided that(4) the posted speed limit in construction zones, provided that the posted speed limit shall be determined(4) the posted speed limit in construction zones, provided that the posted speed limit shall be determined by an engineering study performed by the state highway andtransportation department. B. In every event, speed shall be so controlled by the driver as may be necessary: (1) to avoid colliding with any person, vehicle or other conveyance on or entering the highway; (2)(2) to comply with legal requirements as may be establishedby the(2) to comply with legal requirements as may be establishedby the state highway and(2) to comply with legal requirements as may be establishedby the state highway and transportation department oror the New Mexico state police division of the departmentor the New Mexico state police division of the department of public safety and theduty of all personsor the New Mexico state police division of the department of public safety and theduty of all persons to use due care; and (3) to protect workers in a construction zone. C. The speed limits set forth in SubsectionA ofC. The speed limits set forth in Subsection A of thisC. The speed limits set forth in SubsectionA of this section may be altered as authorized in Section 66-7-303 NMSA 1978. Page 13 Chapter 2 Defensive Driving Techniques 2-13 66-7-302.1. Speed limit; conviction; use limited. A.A. The division shall not use a violation under Paragraph (3) or (4) of Subsection A ofA. The division shall not use a violationunder Paragraph (3) or (4) of Subsection A of Section 66-7-301NMSA 19781978 for the purpose of suspending or revoking a driver's license1978 for the purpose of suspending or revoking a driver's license un1978 for the purpose of suspending or revoking a driver's license unless the driver was exceeding the speed of seventy-five miles an hour. B.B. An insurer shall B. An insurer shall not consider a vB. An insurer shall not consider a violation under Paragraph (3) or (4) of Subsection A of Section 66-7-301 NMSANMSA 1978 as a movingtraffic violation against a person, unless the person was exceedingNMSA 1978 as a movingtraffic violation against a person, unless the person was exceeding theNMSA 1978 as a moving traffic violation against a person, unless the person was exceeding the speed of seventy-five miles an hour, for the purpose of establishing rates of motor vehicle insurance charged by the insurer nor shall the insurer cancel or refuse to renew any policyof insurance for such a violation. 66-7-303. Establishment of speed zones. A. Whenever the secretary of highway and transportation determines upon theA. Whenever the secretary of highway and transportation determines upon the basis ofA. Whenever the secretary of highway and transportation determines upon the basis of an engineering survey andand traffic investigation, a detailed report of which is filed with the trafficand traffic investigation, a detailed report of which is filed with the traffic safety bureaand traffic investigation, a detailed report of which is filed with the traffic safety bureau of the state highway and transportationtransportation department, that any speed established by law is greater or less than is reasonable or safe untransportation department, that any speed established by law is greater or less than is reasonable or safe undetransportation department, that any speed established by law is greater or less than is reasonable or safe under the conditionsconditions found to exist upon any part of a state highway, the secretary of highway and transportation mayconditions found to exist upon any part ofa state highway, the secretary of highway and transportation may declare thethe speed limit the speed limit for that part, and that speed limit shall be authorized and effective when appropriate signs giving noticenotice thereof are erected at that particular part of the highway; provided that no speed limit shall be declared greater thanthan seventy-five miles per hour. Thethan seventy-five miles per hour. The declaration of speed limits by the secretary of highway and transportation shall not be considered rules for purposes of the State Rules Act [Chapter 14, Article 4 NMSA 1978]. B.B. Whenever a local authority determinesB. Whenever a local authority determines upon the basis of an engineeringsurvey andB. Whenever a local authority determines upon the basis of an engineeringsurvey and traffic investigationthat anyany speed limit permitted under state law or local orany speed limit permitted under state law or local ordinance is greaterany speed limit permitted under state law or local ordinance is greater or less than is reasonable or safe under the conditionsconditions found to exist upon any part of a highway within its jurisdiction, it may declare a speedconditions found to exist upon any part of a highway within its jurisdiction, it may declare a speed limit forconditions found to exist upon any part ofa highwaywithin its jurisdiction, it may declare a speed limit forthat part, andand that speedand that speed limit shall be authorizedand effective when appropriate signs giving notice thereof are erected atand that speed limit shall be authorizedand effective when appropriate signs giving notice thereof are erected at that particularparticular part of the highway; provided that no speedlimit shallparticular part of the highway; provided that no speed limit shall be declared greater than seventy-five miles perparticular part of the highway; provided that no speedlimit shall be declared greater than seventy-five miles per hour. C.C. Engineering surveys and trafficC. Engineering surveys and traffic investigations made by local authorities shall be on a formC. Engineering surveys and traffic investigations made by local authorities shall be on a form approved by the secretarysecretary of highwaysecretary of highway andtransportation. If engineers aresecretary of highway and transportation. If engineers are not available to the local authorities, the state highwayand transportation department may make the surveys and investigations for the local authorities. D.D. D. Speed zones maybe marked by a sign containing a flashing yellow light and, when theD. Speed zones maybe marked by a sign containing a flashing yellow light and, when the light is in operation, the speed limit, instructions or regulations on the sign are in effect. E.E. Alteration of speed limits on state highways by local authorities is not effective until apE. Alteration of speed limits on state highways by local authorities is not effective until approved by tE. Alteration of speed limits on state highways by local authorities is not effective until approved by the secretary of highway and transportation. F.F. TheF. The provisions of Subsections A andBF. The provisions of Subsections A andB of this section shall not apply to changes of speed limit in construction zones authorized pursuant to Section 66-7-303.1NMSA 1978. 66-7-303.1. Construction zones; traffic control devices; penalty. A.A. When construction, repair or reconstruction of any street or highway is being done, the sA. When construction, repair or reconstruction of any street or highway is being done, the state highwA. When construction, repair or reconstruction of any street or highway is being done, the state highway departmentdepartment or the local authority with jurisdiction over that street or highway is authorized to designate as a constructionconstruction zone that portion of the street orconstruction zone that portion of the street or highway where construction, reconstructionconstruction zone that portion of the street or highway where construction, reconstruction or repair is being done and toto close the construction zone to traffic orto close the construction zone to traffic orto provide for a single lane of trafficto close the construction zone to traffic or to provide for a single lane of traffic on anytwo-lane or four-lane highway in the construction zone. B.B. The state highway department or any local authority B. The state highway department or any local authority closing aB. The state highway department or any local authority closing all or a portion of a street or highway or providingproviding for a single lane of trafficproviding for a single lane of traffic on any two-lane or four-lane street or highwayproviding for a single lane of traffic onany two-lane or four-lane street or highway pursuant to Subsection A of this sectionsection shall erecsection shall erect or csection shall erect or cause to be erected traffic-control devices or barricades to warn and notify the public of any change in speed limit and that suchstreet or highway is closed or limited to a single lane of traffic. C.C. EC. Every C. Every pedestrian or person who operates a vehicle on any street or highway shall obey all signs, signals, markings,markings, flagmen or other traffic-control devices that are placed to regulate, control and gmarkings, flagmen or other traffic-control devices that are placed to regulate, control and guide tmarkings, flagmen or other traffic-control devices that are placed to regulate, control and guide traffic through a construction zone. D.D. No personD. No person shall remove, change, modify, deface or alter any traffic-control device or barricade which has Page 14 Chapter 2 Defensive Driving Techniques 2-14 been erected on any street or highway pursuant to this section. E.E. Any person whoE. Any person who violatesE. Any person who violatesany provision of Subsection C or D of this section is guilty of a misdemeanor and upon conviction shall be sentenced in accordance with Section 66-8-7 NMSA 1978. 66-7-304. County roads; authority to regulate speed limits. A.A. The board of county commissioners of each county A. The board of county commissioners of each county mayA. The board of county commissioners of each county may alter and establish speed limits lower than those established bylaw on countyroads within its county, provided that: (1)(1) the speed limit is reasonable and safe under(1) the speed limit is reasonable and safe under local conditions on(1) the speed limit is reasonable and safeunder local conditions on the basis of an engineeringsurvey andtraffic investigation; (2) the alteration of a speed limit is approved by the highway commission; and (3)(3) the county posts speed-limit signs that conform to the(3) the county posts speed-limit signs that conform to the specifications as set forth in the manual adopted bythe state highway commission before enforcing the speed limit. B.B. As used in this section "county roads" mB. As used in this section "county roads" means any streets, B. As used in this section "county roads" means any streets, roads or highways built and maintained by the county or the control of which has beengiven to the county bythe state highway commission. 66-7-305. Minimum speed regulation. A.A. No personshall drive amotor vehicleA. No person shall drive a motor vehicle at such a slow speed as to impede the normalA. No person shall drive a motor vehicle at such a slow speed as to impede the normal and reasonable movement of traffic except when reduced speed is necessaryfor safe operation or in compliance with law. B.B. Whenever the state highwaycommission orB. Whenever the state highwaycommission or local authoritiesB. Whenever the state highwaycommission or local authorities withintheir respective jurisdictions determine onon the basis of an engineering and traffic investigation that slow speedson the basis of an engineering and traffic investigation that slow speeds onon the basis of an engineering and traffic investigation that slow speeds on any part of a highway consistently impede thethe normal and reasonable movement of traffic,the normal and reasonable movement of traffic, the commission or the local authoritythe normal and reasonable movement of traffic, the commission or the local authority may determine and declare a minimumminimum speed limit below which no person shall drive a vehicle except when necessary for safe operation or in compliancecompliance with law; provided that localcompliance with law; provided that local authorities in municipalities of more than one hundred thousandcompliance with law; provided that local authorities in municipalities of more than one hundred thousand population may prohibit vehicles which by virtue of weightmay prohibit vehicles which by virtue of weight or design are slow moving onmay prohibit vehicles which by virtue of weight or design are slow moving on local arterials during peak hours of traffic. 66-7-306. Special speed limiations [limitations]. A.A. Subject toA. Subject to the requirements ofA. Subject to the requirements of Section 66-3-847NMSA 1978, no person shall drive anyvehicle equipped with solid rubber or cushion tires at a speed greater than a maximum of tenmiles per hour. B. No person shall drive a vehicle overB. No person shall drive a vehicle over any bridge or other elevatedB. No person shall drive a vehicle over any bridge or other elevated structure constituting a part of a highway atat a speed which is greater thanat a speed which is greater than the maximum speed which canat a speed which is greater than the maximum speed which can be maintained with safety to such bridge or structure, when such structure is signposted as provided in this section. C. The state highway commission uponC. The state highway commission upon request from anylocal authority shall, orC. The state highway commission upon request from any local authority shall, or upon its own initiative may, conductconduct an invconduct an investigation of aconduct an investigation of any bridge or other elevated structure constituting a part of a highway, and if it shall thereuponthereupon find that such structure cannot with sthereupon find that such structure cannot with safety to thereupon find that such structure cannot with safety to itself withstand vehicles traveling at the speed otherwise permpermissiblepermissible under permissible under the Motor Vehicle Code [Articles 1 to 8 of Chapter 66, except 66-7-102.1 NMSA 1978], the commissioncommission shall determine and declare the maximum speed of vehicles which succommission shall determine and declare the maximum speed of vehicles which suchcommission shall determine and declarethe maximum speed of vehicles which such structure can withstand, and shall causecause or permit suitable signs statingsuch maximum speed to be erected and maintained at a minimum distancecause or permit suitable signs statingsuch maximum speed to be erected and maintained at a minimum distance of three hundred feet before each end of such structure. D.D. Upon D. Upon the trial oD. Upon the trial of any person charged with a violation of this section, proof of said determination of the maximummaximum speed by smaximum speed by said commaximum speed by said commission and the existence of said signs shall constitute conclusive evidence of the maximum speed whichcan be maintained with safety to such bridge or structure. 66-7-308. Drive on right side of roadway; exceptions. A.A. Upon all roadways of sufficient width aA. Upon all roadways of sufficient width a vehicle shall be driven upon the right half ofA. Upon all roadways of sufficient widtha vehicle shall be drivenupon the right half of the roadway, andwhere practicable, entirely to the right of the center thereof, except as follows: (1)(1) when overtaking and passing another vehicle proceeding in the(1) when overtaking and passing another vehicle proceeding in the same direction under the rules(1) when overtaking and passing another vehicle proceeding in the same direction under the rules governing such Page 15 Chapter 2 Defensive Driving Techniques 2-15 movement; (2) when the right half of a roadway is closed to traffic while under construction or repair; (3) upon a roadway divided into three marked lanes for traffic under the rules applicable thereon; or (4) upon a roadway designated and signposted for one-waytraffic. B.B. B. Upon all roadways anyvehicle proceeding at less than the normal speed ofB. Upon all roadways anyvehicle proceeding at less than the normal speed of traffic at the time andplace and underunder the conditiounder the conditionunder the conditions then existing shall be driven in the right-hand lane then available for traffic, or as close as practicablepracticable to thepracticable to the right-hand curb or edge of the roadway, except when overtaking andpracticable to the right-hand curb or edge of the roadway, except when overtaking and passinganother car proceeding in the same direction or when preparingfor a left turn at an intersection or into a private road or driveway. 66-7-310. Overtaking a vehicle on the left. TheThe followingThe following rules shall govern the overtaking and passingThe following rules shall govern the overtaking and passing of vehicles proceeding in the same direction, subject to those limitations, exceptions and special rules hereinafter stated: A.A. the driver of a vehicleovertakinganother vehicleA. the driver of a vehicleovertakinganother vehicle proceedingin the same direction shallpass toA. the driver of a vehicle overtaking another vehicle proceedingin the same direction shall pass to the left thereof atat a safe distance and shall not again drive to the right side of the roadway until safely clear ofat a safe distance and shall not again drive to the right side of the roadway until safely clear of the overtakenat a safe distance and shall not again drive to the right side of the roadway until safely clear of the overtaken vehicle; and B.B. except when overtakingB. except when overtaking and passing on the right is permitted, the driverof an overtaken vehicleshallB. except when overtakingand passing on the right is permitted, the driver of an overtaken vehicle shall give way toto the right in favor of the overtakingto the right in favor of the overtaking vehicle on audible signal and shall not increaseto the right in favor of the overtaking vehicle on audible signal and shall not increase thespeed of his vehicle until completely passed by the overtaking vehicle. 66-7-311. When overtaking on the right is permitted. A.A. The driver of a vehicle may overtake and pass upon the right of another vehicle only under A. The driver of a vehicle may overtake and pass upon the right of another vehicle only under the followinA. The driver of a vehicle may overtake and pass upon the right of another vehicle only under the following conditions: (1) when the vehicle overtaken is making or about to make a left turn; (2)(2) upon a street or highway with unobstructed pavement not occupied(2) upon a street or highway with unobstructed pavement not occupied by(2) upon a street or highway with unobstructed pavement not occupied by parked vehicles of sufficient width for two or more lines of moving vehicles in each direction; or (3)(3) upon a one-way(3) upon a one-way street, or upon any roadway on which traffic is(3) upon a one-way street, or upon any roadway on which traffic is restricted to one direction of movement, where the roadway is free from obstructions and of sufficient width for two or more lines of moving vehicles. B.B. The driver of aB. The driver of a vehicle may overtake and pass another vehicle upon the right only under conditions permitting suchsuch movement in safety. In no event shall such movement be made by driving off the pavement or main-traveled portion of the roadway. 66-7-312. Limitations on overtaking on the left. NoNo vehicle shall be driven to the left side of the center ofNo vehicle shall be driven to the left side of the center of theNo vehicle shall be driven to the left side of the center of the roadwayin overtaking and passing another vehicle proceedingproceeding inproceeding in the same direction unless such left sideproceeding in the same direction unless such left side is clearly visible and free of oncoming traffic for a sufficient distancedistance ahead to distance ahead to permit sudistance ahead to permit such overtaking and passing to be completely made without interfering with the safe operationoperation of any vehicle approaching from the opposite direction or any vehicle ooperation of any vehicle approaching from the opposite direction or any vehicle overtaken. operation of any vehicle approaching from the opposite direction or any vehicle overtaken. In every event the overtakingovertakingvehicle must return toovertaking vehicle must return to the right-hand side of the roadway before comingwithin one hundred feet of any vehicle approaching from the opposite direction. 66-7-313. Further limitations on driving to left of center of roadway. A. No vehicle shall at anytime be driven to the left side of the roadway under the following conditions: (1)(1) when approaching the crest of a grade or upon a curve in the highway where the driver's view(1) when approaching the crest of a grade or upon a curve in the highway where the driver's view is obstructed within such distancewithin such distance as to create a hazard in the event another vehicle might approach from the oppositewithin such distance as to create a hazard inthe event another vehicle might approach from the opposite direction; (2)(2) when approaching w(2) when approaching within(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-wayroadway. Page 16 Chapter 2 Defensive Driving Techniques 2-16 66-7-317. Driving on roadways laned for traffic. WheneverWhenever any roadway hasWhenever any roadway has been divided into two orWhenever any roadway has been divided into two or more clearly marked lanes for traffic the following rules in addition to all others consistent herewith shall apply: A.A. a vehicleshall be driven as nearly as practicable entirelyA. a vehicle shall be driven as nearly as practicable entirely within a single lane and shall not be moved from such lane until the driver has first ascertained that such movement can be made with safety; B.B. upon a roadway which is dividedB. upon a roadway which is divided into three lanes aB. upon a roadway which is divided into three lanes a vehicle shall not be driven in the center lane except when overtakingovertaking a [and] passing another vehicle where the roadwayovertakinga [and] passing another vehicle where the roadway isclearly visible and such center lane isovertakinga [and] passing another vehicle where the roadway isclearly visible and such center lane is clear of traffic withinwithin a safe distance,within a safe distance, or in preparation fora leftwithin a safe distance, or in preparation fora left turn or where such center lane is at thetime allocated exclusively toto traffic moving in theto traffic moving in the direction the vehicle is proceeding and is signposted to givento traffic moving in the direction the vehicle is proceeding and is signposted to given [give] notice of such allocation; and C.C. official signs may be erected directing slow-movingC. official signs may be erected directing slow-moving traffic to use aC. official signs may be erected directing slow-moving traffic to use a designated lane or designating those lanes toto be used by traffic movingin ato be used by traffic movingin a particular direction regardless of theto be used by traffic movingin a particular direction regardless of the center of the roadway and drivers of vehicles shall obey the directions of every such sign. 66-7-318. Following too closely. A.A. The driver of a motor vehicle shall not follow another vehicle more closely thanA. The driver of a motor vehicle shallnot follow another vehiclemore closelythan is reasonable and prudent, having due regard for the speed of such vehicles and the traffic upon and the condition of the highway. B.B. TheB. The driver of any motor truck or motor vehicle drawing another vehicle when traveling upon a roadwaB. The driver of any motor truck or motor vehicle drawing another vehicle when traveling upon a roadway outsideoutside of a business or residence district shall not follow another motor truck or motor vehicle drawing another vehiclevehicle within three hundred feet, except that this shall not prevent a motor truckor motor vehicle drawingvehicle within three hundred feet, except that this shall not prevent a motor truckor motor vehicle drawing another vehicle from overtakingand passing by any like vehicle or other vehicle. C.C. Motor vehicles being driven upon any roadway outside of a business or residence district inC. Motor vehicles being driven upon any roadway outside of a business or residence district in a caravanC. Motor vehicles being driven upon any roadway outside of a business or residence district in a caravan or motorcademotorcade whether or not towing other vehicles shallmotorcade whether or not towing other vehicles shall not follow the precedingmotorcade whether or not towing other vehicles shall not follow the preceding vehicle closer than three hundred feet. ThisThis provision shall not apply to funeral processions,This provision shall not apply to funeral processions, nor shall it apply within or outsideThis provision shall not apply to funeral processions, nor shall it apply within or outsideof a business or residence districtdistrict to motor vehicle escort vehicles of a motor vehicle escort service, which may,district to motor vehicle escort vehicles of a motor vehicle escort service, which may, if necessary to maintaindistrict to motor vehicle escort vehicles of a motor vehicle escort service, which may, if necessary to maintain the continuitycontinuity ofthe escorted unitcontinuity of the escorted unit or units, precede or follow at a distance closercontinuity of the escorted unit or units, precede or follow at a distance closer than three hundredfeet to the escorted unit or units. 66-7-319. Driving on divided highways. WheneverWhenever any higWhenever any highway Whenever any highway has been divided into two roadways by leaving an intervening space or by a physical barrierbarrier or clearly indicated dividing section so constructed as tobarrier or clearly indicated dividing section so constructed as to impede vehicular traffic, every vehicleshallbarrier or clearly indicated dividing section so constructed as to impede vehicular traffic, every vehicle shall be driven onlonlyonly uonly upon the right-hand roadway and no vehicle shall be driven over, across or within any such dividing space, barrierbarrier or section, except throughbarrier or section, except through an opening inbarrier or section, except through an openingin such physical barrier or dividingsection or space or at a crossover or intersection established by public authority. 66-7-320. Restricted access. NoNo person shall drive a vehicle ontoor fromNo person shall drive a vehicle ontoor from any controlled-access roadway except at suchNo person shall drive a vehicle onto or from any controlled-access roadwayexcept at suchentrances andexits as are established by public authority. 66-7-321. Restrictions on use of controlled-access roadway. A.A. The state highway commission, by resolution or order entered in its minutes, and local authoritA. The state highway commission, by resolution or order entered in its minutes, and local authorities, bA. The state highway commission, by resolution or order entered in its minutes, and local authorities, by ordinance,ordinance, may regulateordinance, may regulate or prohibit the useordinance, may regulate or prohibit the use of any controlled-access roadway within their respective jurisdictions by any class or kind of traffic which is found to be incompatible with the normal and safe movement of traffic. B.B. The stateB. The state highway commission or the local authority adoptingB. The state highway commission or the local authority adoptingany such prohibition shall erect and maintain officialofficial traffic-control devices on the controlled-access roadway on which the prohibitions are applicable, and when in place, no person shall disobey the restrictions stated on the devices. Page 17 Chapter 2 Defensive Driving Techniques 2-17 66-7-322. Required position and method of turning at intersections. The driver of a vehicle intending to turn at an intersection shall do so as follows: A.A. both the approach for a right turn and a right turn shall be made as close asA. both the approach for a right turn and a right turn shall be made as close as practicable to the right-handA. both the approach for a right turn and a right turn shall be made asclose as practicable to the right-hand curb or edge of the roadway; B.B. at any intersection where traffic is permitted to move in both B. at any intersection where traffic is permitted to move in both directB. at any intersection where traffic is permitted to move in both directions on each roadway entering the intersection,intersection, an approach forintersection, an approach fora left turn, except where left-turnintersection, an approach for a left turn, except where left-turn provisions are made, shall be made in that portion of the right half of the roadway nearest the center line thereof and by passingthe right half of the roadway nearest the center line thereof and by passing to the right of such center line wherethe right half of the roadway nearest the center line thereof and by passing to the right of suchcenter line where it entersenters the intersection and after entering the intersection the left turn shall be made so asenters the intersection and after entering the intersection the left turn shall be made so as to leave the intersectionenters the intersection and after entering the intersection the left turn shall be made soas to leave the intersectionto thethe right of the center line of the roadway being entered. Whenever practicable thethe right of the center line of the roadway being entered. Whenever practicable the left turn sthe right of the center line of the roadway being entered. Whenever practicable the left turn shall be made in that portion of the intersection to the left of the center of the intersection; C.C. upon a roadway witC. upon a roadway with two or moC. upon a roadway with two or more lanes for through traffic in each direction, where a center lane has been providedprovided byprovided by distinctive pavementprovided bydistinctive pavement markings forthe use of vehicles turningleft from both directions, no vehicle shall turnturn leftturn left from any other lane. A vehicle shall not be driven in this center laneturn left from any other lane. A vehicle shall not be driven in this center lane for the purpose of overtakingor passing anotheranother vehicle proceeding in the same direction. Any maneuver other than aanother vehicle proceedingin the same direction. Any maneuver other than a leftanother vehicle proceeding in the same direction. Any maneuver other than a left turn from this center lane will be deemed a violation of this section; D.D. atD. at any intersection where traffic is restricted to oneD. at any intersection where traffic is restricted to one direction on one or more of the roadways, the driver of aa vehicle intending to turn left at anysuch intersection shall approach the intersection in thea vehicle intending to turn left at anysuch intersection shall approach the intersection in the extreme left-hand lane lawfullylawfully available to traffic movinglawfully available to traffic moving in the direction of travel of such vehicle and after enteringlawfully available to traffic moving in the direction of travel of such vehicle and after entering the intersection the leftleft turn shall beleft turn shall be made so as to leave the intersection, as nearly asleft turn shall be made so as to leave theintersection, as nearly as practicable, in the left-hand lane lawfullyavailable to traffic moving in such directionupon the roadway being entered; and E. local authorities inE. local authorities in their respective jurisdictions mayE. local authorities in their respective jurisdictions may cause markers, buttons or signs to be placed within or adjacentadjacent to intersections andadjacent to intersections and thereby requireand direct that a different course from that specified inadjacent to intersections and thereby require and direct that a different course from that specified in this section be traveledtraveled by vehicles turning at an intersection, and when markers, buttons or signs are so placedtraveled byvehicles turning at an intersection, and when markers, buttons or signs are soplaced no driver of a vehicle shall turn a vehicle at an intersection other than as directed and required by the markers, buttons or signs. 66-7-323. Turning on curve or crest or [of] grade prohibited. NoNo vehicle shall be turned soNo vehicle shall be turned so as to proceed in the oppositeNo vehicle shall be turned so as to proceed in the opposite direction upon any curve, or upon the approach to, oror near the crest of a grade,or near the crest of a grade, where suchvehicle cannot be seen by the driver of anyor near the crest of a grade, where suchvehicle cannot be seen by the driver of any other vehicle approaching from either direction within one thousand feet. 66-7-324. Starting parked vehicle. NoNo person shallNo person shall start a vehicle which is stopped, standing or parkedNo person shall start a vehicle which is stopped, standing or parked unless and until such movement can be made with reasonable safety. 66-7-325. Turning movements and requiredsignals. A.A. NoA. No person shall turn a vehicle at anA. No person shall turn a vehicle at an intersection unless the vehicle is in proper position upon the roadway as requiredrequired in Section 66-7-322NMSA 1978, or NMSA 1978, or turn a NMSA 1978, or turn a vehicle to enter a private road or driveway or otherwise turn a vehiclevehicle fromvehicle from a direct course orvehicle froma direct courseor move right or left upon a roadwayunless and until such movement can bemade with reasonablereasonable safety. No person shall soreasonable safety. No person shall so turnany vehicle without giving an appropriatereasonable safety. No person shall so turn any vehicle without givingan appropriate signal in the manner hereinafter provided in the event any other traffic may be affected by such movement. B.B. A signal of intention to turn right or left when required shall be given continuously duringB. A signal of intention to turn right or left when required shall be given continuously during notB. A signal of intention to turn right or left when required shall be given continuously during not less than the last one hundred feet traveled by the vehicle before turning. C.C. No person shall stop or suddenly decrease the speed of a vehicle without firstC. No person shall stop or suddenlydecrease the speed of a vehicle without first giving an appropriate signal inin the manner provided hereinin the manner provided herein to the driver of any vehicle immediately to the rearin the manner provided herein to the driver of any vehicle immediately to the rear when there is opportunity to give such signal. 66-7-326. Signals by hand and arm or signal device. Page 18 Chapter 2 Defensive Driving Techniques 2-18 A.A. Any stop or turn signal when requiredA. Any stop or turn signal when required herein shall be given either by means of the hand andarm or by a signal lamp or lamps or mechanical signal device except as otherwise provided in Subsection B. B.B. Any motor vehicle in use on a highway shallB. Any motor vehicle in use on a highway shall be equipped with,B. Any motor vehicle in use on a highway shall be equipped with, and required signal shall begiven by, a signal lamplamp or lamps or mechanical signal device when the distance from the center of the top of the steering post to the leftleft outside limit of the body, cab or load of sucleft outside limit of the body, cab or load of such motor vehileft outside limit of the body, cab or load of such motor vehicle exceeds twenty-four inches, or when the distance fromfrom the center of the top of the steeringfrom the center of the top of the steeringpostfrom the center of the top of the steeringpost to the rear limit of the body or load thereof exceeds fourteen feet. The latter measurement shall apply to any single vehicle, also to anycombination of vehicles. 66-7-327. Method of giving hand and arm signals. AllAll signals herein required given by hand and armshall be given from the leftAll signals herein required given by hand and armshall be given from the left side of the vehicleAll signals herein required given by hand and arm shall be given from the left side of the vehicle in the following manner and such signal shall indicate as follows: A. left turn: hand and arm extended horizontally; B. right turn: hand and arm extended upward; and C. stop or decrease speed: hand and armextended downward. 66-7-328. Vehicle approaching or entering intersection. A.A. The driver of a vehicleA. The driver of a vehicle approaching an intersectionA. The driver of a vehicle approaching an intersection shall yield the right-of-way to a vehicle which has entered the intersection from a different highway. B.B. When two vehicles enter an intersection from different highwaysat approximatelyB. When two vehicles enter an intersection from different highways at approximately the sameB. When two vehicles enter an intersectionfrom different highways at approximately the same time the driver of the vehicle on the left shall yield the right-of-way to the vehicle on the right. C.C. The right-of-wayrules declaredC. The right-of-way rules declared inC. The right-of-wayrules declared in Subsections A and B are modified at through highways and otherwise as hereinafter stated in Sections 66-7-328through 66-7-332 NMSA 1978. 66-7-329. Vehicles turning left at intersection. TheThe driver of a vehicle within an intersection intending to turn to the left shall yield the right-of-way to any vehiclevehicle approaching fromthe opposite direction whichisvehicle approaching from the opposite direction which is within the intersection or soclosevehicle approaching fromthe opposite direction whichis within the intersection or so close thereto as to constitute anan immediate hazard, but said driver, havingan immediate hazard, but said driver, having so yielded and having given a signal whenan immediate hazard, but said driver, having so yielded and having given a signal when and as required bythe Motor VehicleVehicle Code [Articles[Articles 1to 8 of Chapter 66,except 66-7-102.1NMSA 1978],may make such left turnand the drivers ofof all other vehicles approaching the intersection from said opposite direction shall yielof all other vehicles approaching the intersection from said opposite direction shall yield tof all other vehicles approaching the intersection from said opposite direction shall yield the right-of-way to the vehicle making the left turn. 66-7-330. Vehicles entering stop or yield intersection. A.A. Preferential right-of-wayA. Preferential right-of-way at an intersection may be indicated by stop signs or yield signs asauthorized inA. Preferential right-of-way at an intersection may be indicated by stop signs or yield signs as authorized in the Motor Vehicle Code [Articles 1 to 8 of Chapter 66, except 66-7-102.1 NMSA 1978]. B.B. Except when directed tB. Except when directed to proB. Except when directed to proceed by a police officer or traffic-control signal, every driver of a vehicle approachingapproaching a stopapproaching a stop intersection indicated bya stop sign shall stopapproaching a stop intersection indicated by a stop sign shall stop as required by Section 66-7-345C [NMSA 1978] andand after havingand after having stopped shall yield the right-of-wayto any vehicle which has entered the intersection from another highwahighwayhighway or which is approaching so closely on the highway as to constitute an immediate hazard during the highway or which is approaching so closely on the highway as to constitute an immediate hazard during the timhighway or which is approaching so closely on the highway as to constitute an immediate hazard during the time when the driver is movingacross or within the intersection. C.C. The driver of a vehiC. The driver of a vehicle appC. The driver of a vehicle approaching a yield sign shall, in obedience to the sign, slow down to a speed reasoreasonablereasonable for the existing conditions, and shall yield the right-of-way to any vehicle in the interreasonable for the existing conditions, and shall yield the right-of-way to any vehicle in the intersection oreasonable for the existing conditions, and shall yield the right-of-way to any vehicle in the intersection or approachingapproaching on anotherapproaching on another highway so closely as toapproaching on another highwayso closely as to constitute an immediate hazard during the time thedriver is moving acrossacross or withinacross or within the intersection. If the driver is involved in a collision with a vehicle inacross or within the intersection. If the driver is involved in a collision with a vehicle in the intersection, after driving pastpast a yield sign without stopping, the collision shall be deemed prima facie evidence of his past a yield sign without stopping, the collision shall be deemed prima facie evidence of his fapast a yield sign without stopping, the collision shall be deemed prima facie evidence of his failure to yield right-of-way. 66-7-331. Vehicle entering highway from private road ordriveway. Page 19 Chapter 2 Defensive Driving Techniques 2-19 Statute text The driver of a vehicle aboutThe driver of a vehicle about to enter of [or] cross a highway from aThe driver of a vehicle about to enter of [or] cross a highway from a private road or driveway shall yield the right-of-way to all vehicles approaching on said highway. 66-7-332. Operation of vehicles on approach of authorized emergency vehicles. A.A. Upon the immediate approach of an authorized emergencyA. Upon the immediate approach of an authorized emergency vehicle equipped with at least one lightedA. Upon the immediate approach of an authorized emergency vehicle equipped with at least one lighted lamp exhibitingexhibiting red light visible under normal atmospheric conditions froma distance ofexhibiting red light visible under normal atmospheric conditions froma distance of five hundred feetexhibiting red light visible under normal atmospheric conditions froma distance of five hundred feet to the front of suchsuch vehicleother than a police vehiclewhen operatedas an authorized emergency vehicle,and when the driver is givinggiving audiblegiving audible signal by siren, exhaust whistle or bell, the driver of every other vehiclegiving audible signal bysiren, exhaust whistle or bell, the driver of every other vehicle shall yield the right-of-way and shall immediately drive to a position parallel to,and shall immediately drive to a position parallel to, and as close asand shall immediately drive to a position parallel to, and as close as possible to, the right-hand edge or curb of the roadwayroadway clear of any intersection and shall stop and remainroadway clear of any intersection and shall stop and remain in such position, until the authorizedroadway clear of any intersection and shall stop and remain in suchposition, until the authorized emergency vehicle has passed, except when otherwise directed bya police officer. B.B. This section shall not operate to relieve the driver of anB. This section shall not operate to relieve the driver of an authorized emergency vehicle from the duty to drive with due regard for the safety of all persons using the highway. 66-7-332.1. Approach of oncoming vehicle; yield right of way. A.A. NotwithstandingA. Notwithstanding any other provision of law, on all roadways,A. Notwithstanding any other provision of law, on all roadways, upon the immediate approachof an oncoming vehiclevehicle overtaking or attempting to overtake a vehicle proceeding in the same direction, thedrivervehicle overtaking or attempting to overtake a vehicle proceeding in the same direction, thedriver ofvehicle overtaking or attempting to overtake a vehicle proceeding in the same direction, the driver of that vehicle shall yieldyield the right of way and shall drive to ayield the right of way and shall drive to a position parallel to and as closeyield the right of way and shall driveto a position parallel to and as close as possible to the right hand edgeor curb ofof the roadwayand shallof the roadway and shall remain as closeof the roadway and shall remain as close as possible to the right hand edge or curb of the roadway until the oncoming vehicle has passed. B.B. This section shall not operatB. This section shall not operate to rB. This section shall not operate to relieve the driver of an oncoming vehicle from the duty to drive with due regard for the safety of all persons usingthe highway. 66-7-333. Pedestrians subject to traffic regulations. A.A. A. Pedestrians shall be subject to traffic-control signals at intersections asA. Pedestrians shall be subject to traffic-control signals at intersections as provided in Section 66-7-105NMSA 19781978 unless required by local1978 unless required by local ordinance to comply strictly with such signals, but at all other places pedestrians1978 unless required by local ordinance tocomply strictly with such signals, but at all other places pedestrians shall bebe accordedbe accorded the privileges and shall besubject to thebe accorded the privileges and shall besubject to the restrictions stated in Sections 66-7-333through 66-7-340NMSA 1978. B.B. Local authorities areB. Local authorities are hereby empowered by ordinance to require thatB. Local authorities are hereby empowered by ordinance to require that pedestrians shall srictly[strictly] comply withwith thewith the directions of any official traffic-control signal and may byordinance prohibit pedestrians from crossingany roadway in a business district or any designated highways except in a crosswalk. 66-7-334. Pedestrians' right-of-way in crosswalks. A.A. When trafA. When traffic-A. When traffic-control signals are not in place or not in operation the driver of a vehicle shall yield the right-of-way,right-of-way, slowing downright-of-way, slowing down or stopping if need be to so yield, to a pedestrianright-of-way, slowing down or stopping if need be to so yield, to a pedestrian crossingthe roadwaywithin a crosswalk when the pedestrianwhen the pedestrian is upon the half of the roadway uponwhen the pedestrian is upon the half of the roadway upon which the vehicle is traveling, or when the pedestrian is approaching so closely from the opposite half of the roadway as to bein danger. B.B. NoB. No pedestrian shall suddenly leave a curb or otherB. No pedestrian shall suddenly leave a curb or otherplace of safetyand walk orrun into the path of a vehicle which is so close that it is impossible for the driver to yield. C. Subsection A shall not apply under the conditions stated in Section 66-7-335BNMSA 1978. D.D. Wheneverany vehicle is stopped ata marked crosswalk or at any unmarked crosswalk at an intersection to permitpermit a pedestrian to crossthe roadway, the driver of any other vehiclepermit a pedestrian to crossthe roadway, the driver of any other vehicle approaching from the rear shallpermit a pedestrian to cross the roadway, the driver of any other vehicle approaching from the rear shall not overtake and pass such stopped vehicle. 66-7-335. Crossing at other than crosswalks. Page 20 Chapter 2 Defensive Driving Techniques 2-20 A.A. Every pedestrian crossing aA. Every pedestrian crossing a roadway at any point other thanwithin a marked crosswalkA. Every pedestrian crossinga roadway at any point other than within a marked crosswalkor within an unmarked crosswalk at an intersection shall yield the right-of-way to all vehicles upon the roadway. B.B. AnyB. Any pedestrian crossing a roadway at a point where a pedestrian tunnel orB. Any pedestrian crossing a roadway at a point where a pedestrian tunnel or overhead pedestrian crossing has been provided shall yield the right-of-way to all vehicles upon the roadway. C.C. Between adjacentC. Between adjacent intersections at which traffic-control signals are in operation pedestrians shall not cross at any place except in a marked crosswalk. 66-7-336. School crossings. A.A. Crosswalks may be established over highways abutting a A. Crosswalks may be established over highways abutting a school oA. Crosswalks may be established over highways abutting a school or the grounds adjacent thereto, and all childrenchildren crossing the highways shallchildren crossing the highways shall be reqchildren crossing the highways shall be required to do so within the marked crosswalks. The state highway commission,commission, with respect to state highways, and local authorities, with respect to streets under their jurisdiction, with adviceadvice of the local superintendent of schools, shall establish and advice of the local superintendent of schools, shall establish and mark, advice of the local superintendent of schools, shall establish and mark, or cause to be marked, these highway crossings. B.B. Crosswalks over highways not abuttiB. Crosswalks over highways not abutting on schoolB. Crosswalks over highways not abutting on school grounds may be established by the state highway commission,commission, with respectcommission, with respect to state highways, and by local authorities, with respectcommission, with respect to state highways, and by local authorities, with respect to streets under their jurisdiction, withwith advice of the local superintendent of schools and after adequate assurance with advice of the local superintendent of schools and after adequate assurance has been givewith advice of the local superintendent of schools and after adequate assurance has been given that proper safety precautions,precautions, pursuant to regulations of the state highwayprecautions, pursuant to regulations of the state highway commission and of the localprecautions, pursuant to regulations of the state highway commission and of the local authorities. Responsibility for maintaining the crossing will be with the appropriate county or municipality wherein the school is located. C. At allC. At all school crossings except as provided in this section appropriateC. At all school crossings except as provided in this section appropriate signs shall be provided as prescribed by the state highwayby the state highway commission or local authorities within their respective jurisdictions, indicating the crossings and regulating traffic movement within the school zones. D. School crossings are not required to be specially posted when they are located: (1) at a signalized intersection; (2) at an intersection where traffic is controlled by a stopsign; or (3) at a point where a pedestrian tunnel or overhead crossing is provided. 66-7-337. Drivers to exercise due care. NotwithstandingNotwithstanding the foregoing provisions of Sections 66-7-333through 66-7-340 NMSA 1978 NMSA 1978 every driver of aa vehicle shall exercise due care to avoid colliding with any pedestrian upon any roadway anda vehicle shall exercise due care to avoid colliding with any pedestrian upon any roadway and shall givea vehicle shall exercise due care to avoid colliding with any pedestrian upon any roadway and shall give warning by soundingsounding the hornsounding the horn when necessaryand shall exercise proper precautionsounding the horn when necessary and shall exercise proper precaution upon observing any child or any confused or incapacitated person upon a roadway. 66-7-338. Pedestrians to use right half of crosswalk. Pedestrians shall move, whenever practicable, upon the right half of crosswalks. A.A. WheA. Where sidewalks are provided it shall be unlawful for any pedestrian to walk along and upon an adjacenA. Where sidewalks are provided it shall be unlawful for any pedestrian to walk along and upon an adjacent roadway. B.B. Where sidewalks are not provided any pedestrianB. Where sidewalks are not provided any pedestrian walking along and upon aB. Where sidewalks are not provided anypedestrian walking alongand upon a highway shall when practicable walkwalk only on the left side of the roadway or its shoulder facing traffic which walk only on the left side of the roadway or its shoulder facing traffic which may walk only on the left side of the roadway or its shoulder facing traffic which may approach from the opposite direction. 66-7-340. Pedestrians soliciting rides or business. A.A. No person shall stand A. No person shall stand in aA. No person shall stand in a roadway for the purpose of soliciting a ride, employment or business from the occupant of any vehicle. B.B. NoB. No person shall stand on or in proximity to a street or highwayfor the purpose ofB. No person shall stand on or in proximity to a street or highwayfor the purpose of soliciting the watchingor guardng [guarding] of anyvehicle while parked or about to be parked on a street or highway. 66-7-341. Obedience to signal indicating approach of train. Page 21 Chapter 2 Defensive Driving Techniques 2-21 A.A. Whenever any person driving a vehicle approaches a railroad grade crossing underA. Whenever any person driving a vehicle approaches a railroad grade crossing under anyA. Whenever any person driving a vehicle approaches a railroad grade crossing under any of the circumstances statedstated in this section,stated in this section, the driver stated in this section, the driver of such vehicle shall stop within fifty feet but not less than fifteen feet from the nearestnearest rail of such railroad, andnearest rail of such railroad,and shall not proceed untilnearest rail of such railroad,and shall not proceed until he can do so safely. The foregoing requirements shall apply when: (1)(1) a clearly visible electr(1) a clearly visible electri(1) a clearly visible electric or mechanical signal device gives warning of the immediate approach of railroad train; (2)(2) a crossing gate is lowered or when a human flagman gives or continues(2) a crossing gate is lowered or when a human flagman gives or continues to give a signal of the approach(2) a crossing gate is lowered or when a human flagman gives or continues to give a signal of the approach or passage of a railroad train; (3)(3) a railroad train approaching(3) a railroad train approaching within(3) a railroad train approaching within approximately one thousand five hundred feet of the highway crossing emitsemits a signal audible from such distance and such railroad train, by reason of its speed oremits a signal audible from such distance and such railroad train, by reason of its speed or nearness toemits a signal audible from such distance and such railroad train, by reason of its speed or nearness to such crossing, is an immediate hazard; or (4) an approaching railroad train is plainly visible and is in hazardous proximity to such crossing. B.B. No person shall drive anyvehicle through, around or under anyB. No person shall drive anyvehicle through, around or under any crossing gate or barrier atB. No person shall drive anyvehicle through, around or under any crossing gate or barrier at arailroad crossing while such gate or barrier is closed or is being opened or closed. 66-7-342. All vehicles must stop at certain railroad grade crossings. TheThe state highway commissThe state highway commission and lThe state highway commission and local authorities with the approval of the state highway commission are hereby authorized to designate particularly dangerous highwaygrade crossing [crossings] of railroadshereby authorized to designate particularly dangerous highway grade crossing [crossings] of railroads and tohereby authorized to designate particularly dangerous highwaygrade crossing [crossings] of railroads and to erect stopstop signs thereat. When such stop signs are erected thedriver of anyvehicle shall stop within fiftystop signs thereat. When such stop signs are erected the driver of any vehicle shall stop within fifty feet but not less than fifteen feet from the nearest rail of such railroad and shall proceed only upon exercisingdue care. 66-7-343. Certain vehicles must stop at railroadgrade crossings; exceptions. A.A. The driver of any motor vehicle carrying passengers for hire, or of any schoolA. The driver of any motor vehicle carrying passengers for hire, or of any school bus carrying any schoolA. The driver of any motor vehicle carrying passengers for hire, or of anyschool bus carrying anyschool child oror of any vehicles carrying explosive substances oror of any vehicles carrying explosive substances or flammable liquids as a cargo or part of a cargo, before crossing at grade anytrack or tracks of aat grade any track or tracksof a railroad, shall stop such vehicle withinfifty feet but notat grade any track or tracksof a railroad, shall stop such vehicle withinfifty feet but not less than fifteen feet from thethe nearest rail of such railroad and while so stopped shall listenthe nearest rail of such railroad and while so stopped shall listen and look in both directions along such track forthe nearest rail of such railroad and while so stopped shall listen and look in both directions along such track for any apapproachingapproaching train, and for signals indicating the approach of a train, except as hereinafter provided, and shall approaching train, and for signals indicating the approach of a train, except as hereinafter provided, and shall noapproaching train, and for signals indicating the approach of a train, except as hereinafter provided, and shall not proceedproceed untilproceed until he can do so safely. After stopping as requiredproceed until he can do so safely. After stopping as required herein and upon proceeding when it is safe to do so the driverdriver ofdriver of any said vehicle shall cross only in such gear of the vehicle that there will be no necessity for changingdriver of anysaid vehicleshall cross only in such gear of the vehicle that there will be no necessity for changing gears while traversing such crossing andthe driver shall not shift gears while crossing the track or tracks. B.B. No stop nB. No stop need be made atB. No stop need be made at any crossing where a police officer or a traffic-control signal directs traffic to proceed. C. No stop need be made at: (1)(1) a streetcar crossing, or railroad crossing used exclusively for industrial switchingpurposes, within a business district as defined in Section 66-7-1 NMSA 1978; (2) a railroad grade crossing where a stop-and-go traffic light controls movement of traffic; (3)(3) an(3) an abandoned railroad(3) an abandoned railroad grade crossingwhich is marked with a sign indicating that the railroad is abandoned; or (4)(4) an industrial or spur line railro(4) an industrial or spur line railroad crossing(4) an industrial or spur line railroad crossing marked with a sign reading "exempt crossing." Such "exempt crossing" signs shall be erected onlyby or with the consent of the appropriate state or local authority. 66-7-345. Authority to designate throughhighways and stop and yield intersections. A.A. The state highway commission, with reference to state and A. The state highway commission, with reference to state and counA. The state highway commission, with reference to state and county highways, and local authorities, with referencereference to other highwaysreference to other highways under their jurisdiction, may designate through highwaysreference to other highways under their jurisdiction, may designate through highways and erect stop signs or yield signssigns at specified entrancessigns at specified entrances thereto, or may designate any intersection as a stop intersection or as a yield intersection and erect stop signs or yield signs at one or more entrances to the intersection. B.B. Preferential right-of-way at an intersection mayB. Preferential right-of-way at an intersection may be indicated by stop signs or yield signs asB. Preferential right-of-way at an intersection may be indicated by stop signs or yield signs as authorized in the Page 22 Chapter 2 Defensive Driving Techniques 2-22 Motor Vehicle Code [Articles 1 to 8 of Chapter 66, except 66-7-102.1 NMSA 1978]. C.C. Except when directed to proceed by a police officer C. Except when directed to proceed by a police officer or trC. Except when directed to proceed by a police officer or traffic-control signal, every driver of a vehicle approachingapproaching a stopapproaching a stop intersection indicated byapproaching a stop intersection indicated bya stop sign shall stop before entering the crosswalk on the near side of thethe intersection or, in the event there is no crosswalk, shall stop atthe intersection or, in the event there is no crosswalk, shall stop at a clearly marked stop line, but if none, then atthe intersection or, in the event there is no crosswalk, shall stop at a clearly marked stop line, but if none, then at the point nearest the intersecting roadway before entering the intersection. D.D. TheD. The driver of a vehicleapproachinga yield sign, if required for safety to stop, shallD. The driver of a vehicle approaching a yield sign, if required for safety to stop, shall stop before entering the crosswalkcrosswalk on the near side of thecrosswalk onthe near side of the intersection or,crosswalk on the near side of the intersection or, in the event there is no crosswalk, at a clearly marked stop line, but ifif none, thenif none, then at the point nearest the intersectingroadway where the driver has a view ofif none, then at the point nearest the intersectingroadway where the driver has a view of approaching traffic on the intersecting roadway. 66-7-346. Stop before emerging from alley or private driveway. TheThe driver of aThe driver of a vehicle within a business or residence district emergingThe driver of avehicle within a business or residence district emerging from analley, driveway or building shall stopstop such vehicle immediately prior to driving ontostop such vehicle immediately prior to driving onto a sidewalkstop such vehicle immediatelyprior to driving onto a sidewalkor the sidewalk area extending across any alleyway oror drivewor driveway, and shall yield the right-of-way to any pedestrian as may be necessary to avoid collision, and upoor 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. 66-7-347. Overtaking and passing school bus. A.A. The driver of a vehicle upon approaching or overtaking from either dirA. The driver of a vehicle upon approaching or overtaking from either direction any schooA. The driver of a vehicle upon approaching or overtaking from either direction any school bus which has stoppedstopped on the roadway, with special school bus signals in operation, for the purpose ofstopped on the roadway, with special school bus signals in operation, for the purpose of receiving or dischargingstopped on the roadway, with special school bus signals in operation, for the purpose of receiving or dischargingany schoolschool children, shall stop the vehicle at least ten feet before reaching the school bus and shall not proceed until the special school bus signals are turned off,special schoolbus signals are turned off,the school bus resumes motion or untilspecial school bus signals are turned off, the school bus resumes motion or until signaled by the driver to proceed. B.B. Every busB. Every bus used for the transportation of school children shallB. Every bus used for the transportation of school children shall bear upon the front and rear thereof a plainly visible sign containing the words "School Bus" in letters not less than eight inches in height. C.C. The driver of a vehicle upon a highway with separate roadways need not stop upon meeting or passing a schoolschool busschool bus which is on a differentschool bus which is on a different roadwayor when upon a controlled-access highway and the school bus is stopped inin a loading zone which isin a loading zone which is a part of orin a loading zone which is a part of or adjacent to such highway and where pedestrians are not permitted to cross the roadway. 66-7-350. Officers authorized to remove illegally stopped vehicles. A.A. Whenever any police officer finds a vehicle standing upoA. Whenever any police officer finds a vehicle standing upon aA. Whenever any police officer finds a vehicle standing upon a highway in violation of any of the foregoing provisionsprovisions of Sections 66-7-349 through 66-7-352 NMSA 1978, such officer is hereby authorized to mov NMSA 1978, such officer is hereby authorized to move suc NMSA 1978, such officer is hereby authorized to move such vehicle,vehicle, or requirevehicle, or require the driver or other person in charge of the vehicle to move the same, to a position off the paved or main-traveled part of such highway. B.B. Whenever any police officer finds a vehicle unattended upon any bridge or causeway orB. Whenever any police officer finds a vehicle unattended upon any bridge or causeway or in any tunnelB. Wheneverany police officer finds a vehicle unattended upon any bridge or causeway or in any tunnel where suchsuch vehicle constitutes an obstruction to traffic, such officer is hereby authorized to provide for the removal ofsuch vehicle constitutes an obstruction to traffic, such officer is hereby authorized to provide for the removal of such vehicle to the nearest garage or other place of safety. C.C. No driver of any vehicle shall permit said vehicle to remain unattendeC. No driver of any vehicle shall permit said vehicle to remain unattended on or adjacent C. No driver of any vehicle shall permit said vehicle to remain unattended on or adjacent to any public road, highwayhighway or highway right-of-way ofhighway orhighway right-of-way of the state for a longer period than twenty-four hours without notifyingthe state policepolice or sheriff's office of the county where said vehiclepolice or sheriff's office of the countywhere said vehicle is parked or saidvehicle shall be deemedpolice or sheriff's office of the countywhere said vehicle is parked or saidvehicle shall be deemed abandoned. The state police or sheriff'sstate police or sheriff's officer may cause all such abandoned vehicles to be removed and the owner of thestate police or sheriff's officer may cause all such abandoned vehicles to be removed and the owner of the vehicle shallshall be required to pay all costs incident to the removal of said vehicle, provided that wrecked vehishall be required to pay all costs incident to the removal of said vehicle, provided that wrecked vehicles may bshall be required to pay all costs incident to the removal of said vehicle, provided that wrecked vehicles may be removed at any time and without regard to the twenty-four hour period hereinbefore provided. D.D. WheneverD. Whenever an officer shall order a dealer or wrecker to remove from a highway,D. Whenever an officer shall order a dealer or wrecker to remove froma highway, or territory adjacent thereto, anyany damaged or abandoned vehicle the officer shall at the time issueany damaged or abandoned vehicle the officer shall at the time issue signed and dated instructions in writingany damaged or abandoned vehicle the officer shall at the time issue signed and dated instructions in writingto the dealerdealer odealer or wrecker sdealer or wrecker specifically stating if the vehicle is to be "held for investigation" or if it may be released to the owner. Page 23 Chapter 2 Defensive Driving Techniques 2-23 66-7-351. Stopping, standing or parking prohibited in specified places. A.A. No person shall stop, stand or parkA. No person shall stop, stand or park a vehicle, except when necessary to avoid conflict withA. No person shall stop, stand or parka vehicle, except when necessary to avoid conflict with other traffic or inin compliance within compliance with law or the directions ofin compliance with law or the directions of a police officer or traffic-control device,in any of the following places: (1) on a sidewalk; (2) in front of a public or private driveway; (3) within an intersection; (4) within fifteen feet of a firehydrant; (5) on a crosswalk; (6) within twenty feet of a crosswalk at an intersection; (7)(7) within thirty feet upon the approach to any flashing beacon, stop signor traffic-control signal located at the side of a roadway; (8)(8) between a safety zone and the adjacent curb or(8) between a safety zone and the adjacent curb or within thirty feet of points on the(8) between a safety zone and the adjacentcurb or withinthirty feet ofpoints on the curb immediately opposite the end [ends] of a safety zone, unless the traffic authority indicates a different length by signs or markings; (9) within fiftyfeet of the nearest rail of a railroad crossing; (10)(10) within(10) within twenty feet of the driveway entrance to any fire station and on the side of a street opposit(10) within twenty feet of the driveway entrance to any fire station and on the side of a street opposite th(10) within twenty feet of the driveway entrance to any fire station and on the side of a street opposite the entrance to anyfire station within seventy-five feet of said entrance, when properly signposted; (11)(11) alongside or opposite any street excavation or obstruction when stopping, standing or parking wouldob(11) alongside or opposite any street excavation or obstruction whenstopping, standing or parking would obstr(11) alongside or opposite any street excavation or obstruction when stopping, standing or parking wouldobstruct traffic; (12) on the roadway side of any vehicle stopped or parked at the edge or curb of a street; (13) upon anybridge or other elevated structure upon a highway or within a highway tunnel; or (14) at any place where official signs prohibit stopping. B.B. No person shall moveB. No person shall move a vehicle not lawfully under his control into any suchB. No person shall move a vehicle not lawfully under his control into any such prohibited area or away from a curb such distance as is unlawful. 66-7-352. Additional parking regulations. A. Except as otherwise providedA. Except as otherwise provided in this section,A. Except as otherwise provided in this section, every vehicle stopped or parked upon a roadway where there areare adjacent curbs shall be so stopped or parked with the rare adjacent curbs shall be so stopped or parked with the right-hand wheels oare adjacent curbs shall be so stopped or parked with the right-hand wheels of such vehicle parallel to and within eighteen inches of the right-hand curb. B.B. Local authorities may by ordinance permit parking of vehicles within [with] the left-handB. Local authorities may by ordinance permit parking of vehicles within [with] the left-hand wheelsB. Local authorities may by ordinance permit parking of vehicles within [with] the left-hand wheels adjacent to and within eighteen inches of the left-hand curb of a one-way roadway. C.C. Local authorities may byC. Local authorities may byordinance permit angle parkingC. Local authorities may byordinance permit angle parkingon any roadway, except that angle parking shall not bebe permitted on any federal-aid or state highway unless the state highway commissionbe permitted on any federal-aid or state highway unless the state highway commission hasbe permitted on any federal-aid or state highway unless the state highway commission has determined by resolution oror ordered entered in its minutes that theor ordered entered in its minutes that the roadway is of sufficient width to permit angle parking withoutor ordered entered in its minutes that the roadway is of sufficient width to permit angle parking without interfering with the free movement of traffic. D. The state highway commission with respectD. The state highway commission with respect toD. The state highway commission with respect to highways under its jurisdiction may place signs prohibiting oror restricting the stopping, standing or parking or restricting the stopping, standing or parking of vehiclor restricting the stopping, standing or parking of vehicles on any highway where in its opinion, as evidenced by resolutionresolution or order entered initsresolution or order entered in its minutes, such stopping, standing or parking is dangerous to those usingtheresolution or order entered in its minutes, such stopping, standing or parking is dangerous to those usingthe highway oror where the stoppinor where the stopping, standing or where the stopping, standing or parking of vehicles would unduly interfere with the free movement of traffic thereon.thereon. Such signs shall be official signs and no persthereon. Such signs shall be official signs and no personthereon. Such signs shall be official signs and no person shall stop, stand or park any vehicle in violation of the restrictions stated on such signs. 66-7-352.1. Short title. SSectionsSections 66-7-352.1 through 66-7-352.5 NMSA 1978 may be cited as the "Disabled Parking Standards and Enforcement Act". 66-7-352.2. Legislative intent. Page 24 Chapter 2 Defensive Driving Techniques 2-24 The policy andintent of this legislature is declared to be as follows: A.A. that this legislature findsA. that this legislature finds there is a significant safety hazard for mobility-impaired persons crossingA. that this legislature finds there is a significant safety hazard for mobility-impaired persons crossing through parking lots and that this hazard is greatly reduced when parking is provided adjacent to abuilding entrance; B.B. that many commercial and governmental establishments now provide reserved parking for disabled persons, ensuring full and equal opportunity for the disabled to maintain independence and self-respect; and C.C. that ultC. that ultimately societC. that ultimately society will benefit from the increased interaction of the disabled with the mainstream that these parking spaces will provide. 66-7-352.5. Unauthorized use; penalties. A.A. It is unlawful for anyperson to parkA. It is unlawful for anyperson to parka motor vehicle not displaying a special registration plateA. It is unlawful for any person to park a motor vehicle not displaying a special registration plate or a parking placard issued pursuant to Section 66-3-16NMSA 1978 in a designated disabled parking space. B. It is unlawful forB. It is unlawful for any person to park a motor vehicle in such a manner so as to blockaccess to anyB. It is unlawful for anyperson to parka motor vehicle in such a manner so as to block access to any part of a curb cut designed for access by persons with severe mobility impairment. C.C. Any person convicted of violating Subsection A orC. Any person convicted of violating Subsection A or B of this section isC. Any person convicted of violating Subsection A or B of this section is subject to a fine of not less than one hundred dollars ($100) or morehundred dollars ($100) or more than three hundred dollars ($300).hundred dollars ($100) or more than three hundred dollars ($300). Failure to properly display a parking placard or specialspecial registration plate issued pursuant to Section 66-3-16NMSA 1978 is not a defense against a charge of violation of Subsection A or B of this section. D. A vehicle parked in violation of SubsectionD. A vehicle parked in violation of Subsection A or B of this section is subjectD. A vehicle parked in violation of Subsection A or B of this section is subject to being towed at the expense of thethe vehicle owner upon authorization by law enforcement personnel or by the property ownerthe vehicle owner upon authorization by law enforcement personnel or by the property owner or manager of a parking lot. 66-7-353. Unattended motor vehicle. No person driving or in charge of a motorNo person driving or in charge of a motor vehicle shall permit it to stand unattended withoutNo person driving or in charge of a motor vehicle shall permit it to stand unattended without first stopping the engine,engine, locking the ignition, removing the keyand effectively setting theengine, locking the ignition, removing the keyand effectively setting the brake, or placing the transmission in parking position,position, thereon and, whenstanding upon any grade, turning the front wheelsposition, thereon and, when standing upon any grade, turning thefront wheels in such mannerposition, thereon and, whenstanding upon any grade, turning the front wheelsin such manner that the vehicle will bebe held by the curb be held by the curb or will leave the highway if the brake fails. A violation of this section shall not mitigate the offenseoffense of stealing a motor vehicle,offense of stealing a motor vehicle, nor shall the provisions of this section or anyoffense of stealing a motor vehicle, nor shall the provisions of this section or any violation thereof be admissible as evidenceevidence in acivil action for the recovery of a stolen motor vehicle, or in any other civil action arising out of the theft of a motor vehicle. 66-7-354. Limitation on backing. The driver of a vehicle shall not back it: A. unless the movement can be made with reasonable safety and without interfering with other traffic; or B.B. upon any shoulder or roadway of any controlled-access highway, or upon thB. upon any shoulder or roadway of any controlled-access highway, or upon the exitB. upon any shoulder or roadway of any controlled-access highway, or upon the exit or entry road of any controlled-access highway. 66-7-355. Riding on motorcycles. A.A. A person operatingA. A person operating aA. A person operating a motorcycle shall ride only upon the permanent and regular seat attached thereto, shall havehave his feet upon the footrests provided on the machine and shall nothave his feet upon the footrests provided on the machine and shall not carry any other phave his feet upon the footrests provided on the machine and shall not carry any other person nor shall any other personperson ride on the motorcycle unless it is designedperson ride on the motorcycle unless it is designed to carry more than one person. If a motorcycle is designedperson ride onthe motorcycle unless it isdesigned to carry morethan one person. If a motorcycle is designed to carry moremore than one person, the passenger may ride upmore than one person, the passenger may ride upon the more than one person, the passenger may ride upon the permanent and regular seat if designed for two persons or upon another seat firmly attached to the rear or side of the motorcycle. Theupon another seat firmly attached to the rear or side of the motorcycle. The passenger shall have his feetupon another seat firmly attached to the rear or side of the motorcycle. The passenger shall have his feet upon the footrests attached for passenger use. B.B. Any person operating a motorcycle not having a fixed windshield of a type aB. Any person operating a motorcycle not having a fixed windshield of a type approved byB. Any person operating a motorcycle not having a fixed windshield of a type approved by regulation of the secretarysecretary shall wear an eye protective devicesecretary shall wear an eye protective device which may be a faceshield attached to a safety helmet,goggles orsecretary shall wear an eye protective device which may be a faceshield attached to a safetyhelmet, goggles or safety eyeglasses. All eye protective devices shall be of a type approved by regulations promulgated by the director. Page 25 Chapter 2 Defensive Driving Techniques 2-25 66-7-356. Mandatory use of protective helmets. A.A. No person under the age of eighteenA. No person under the age of eighteen shall operate a motorcycle unless he is wearing aA. No personunder the age of eighteenshall operate amotorcycle unless he is wearing a safety helmet securely fastenedfastened on his head in a normal manner as headgear and meeting the standardfastened on his head in a normal manner as headgear and meeting the standards speciffastened on his head in a normal manner as headgear and meeting the standards specified by the director. The directordirector shall adopt rulesdirector shall adopt rules and regulations establishingstandards covering the types of helmets and the specifications therefortherefor and shall establish and maintain a list of approved helmets meetingthetherefor and shall establish and maintain a list of approved helmets meetingthe standards and specificationstherefor and shall establish and maintain a list of approved helmets meetingthe standards and specifications of the director.director. No dealerdirector. No dealer or person who leases or rents motorcycles shall lease or rent a motorcycle to adirector. No dealer or person who leases or rents motorcycles shall lease or rent a motorcycle to a person under the ageage of eighteenage of eighteen unless the lessee or renter shows such person a valid driver's license or permit and possesses age of eighteen unless the lessee or renter shows such person a valid driver's license or permit and possesses thage of eighteen unless the lessee or renter shows such person a valid driver's license or permit and possesses the safetysafety equipment required of an operator who is under the age of eighteen.safety equipment required of an operator who is under the age of eighteen. No personsafety equipment required of an operator who is under the age of eighteen. No person shall carry any passenger under thethe age of eighteen on any motorcycle unless the passenger is wearing athe age of eighteen on anymotorcycle unless the passenger is wearing a securely fastened safetythe age of eighteen on any motorcycle unless the passenger is wearing a securely fastened safetyhelmet, as specified in this section, meeting the standards specified by the director. B. Failure to wear a safety helmet as required in this section shall not constitute contributory negligence. 66-7-357. Obstruction to driver's view or driving mechanism. A.A. No persoA. No person shall drive aA. No person shall drive a vehicle when it is so loaded or when there are in the front seat such number of persons,persons, exceeding three, as to obstruct theview of the driver to thepersons, exceeding three,as to obstructthe view of the driver to the front or sides of the vehicle or as to interfere with the driver's control over the driving mechanism of the vehicle. B.B. No passenger in a vehicle shall ride inB. No passenger in a vehicle shall ride in such position as to interfere with the driver's viewahead or toB. No passenger in a vehicle shall ride in such position as to interfere with the driver's view ahead or to the sides, or to interfere with his control over the driving mechanism of the vehicle. 66-7-358. Restriction on use of television in motor vehicles. ItIt isIt is unlawful to operate in this state anymotor vehicle equipped with a television screen upon which imagesIt is unlawful to operate in this state anymotor vehicle equipped with a television screen upon which images may bebe projected or shown if the screen is within thebe projected or shown if the screen is within the normal view of the driver of themotor vehicle unless the television isis used solelyis used solely as an aid to the driver in the operation of the vehicle. As usedis used solely as an aid to the driver in the operation of the vehicle. As used in this section "television screen" does notnot include clonot include closed cirnot include closed circuit monitors or computer terminal monitors used by law enforcement agencies in law enforcement motor vehicles. 66-7-359. Driving on mountain highways. TheThe driver of a motor vehicle traveling throughThe driver of a motor vehicle traveling through defilesThe driver of a motor vehicle traveling through defiles or canyons or on mountain highways shall hold the motor vehicle under control and as near the right-hand edge of the highway as reasonably possible. 66-7-360. Coasting prohibited. The driver of any motor vehicle when traveling upon aThe driver of any motor vehicle when traveling upon a down grade shallThe driver of any motor vehicle when traveling upon a down grade shall not coast with the clutch disengaged. 66-7-361. Following fire apparatus and driving through safety zone prohibited. A.A. The driver of any vehicle other thanone on official business shall not follow any fireA. The driver of any vehicle other than one on official business shall not follow any fire apparatusA. The driver of any vehicle other thanone on official business shall not follow any fire apparatus travelingin responseresponse to aresponse to a fire alarm closer than five hundred feet, or drive intoor park suchvehicle withinresponse to a fire alarm closer than five hundred feet, or drive intoor park suchvehicle within the block where fire apparatus has stopped in answer to a fire alarm. B. No vehicle shall at any time be driven through or within a safety zone. 66-7-362. Crossing fire hose. NoNo vehicle shall be drivenNo vehicle shall be driven over any unprotected hose of a fire department when laid down on any streetNo vehicle shall be driven over any unprotected hose of a fire department when laid down onany street orprivate driveway, to be used at anyfire or alarm of fire, without the consent of the fire department official in command. 66-7-363. Animals on highway. Page 26 Chapter 2 Defensive Driving Techniques 2-26 A.A. It is unlawful for any person, during the hours of darkness, to rideA. It is unlawful for any person, during the hours of darkness, to ride a horse orA. It is unlawful for any person, during the hours of darkness, to ride a horse or other animal upon the traveled portion of any highway which is normally used by motor vehicles. B.B. It is unlawful for anyperson negligently to permit livestock toB. It is unlawful for any person negligently to permit livestock to wander or graze uponB. It is unlawful for any person negligently to permit livestock to wander or graze upon any fenced highwayat anyany time or, during thehours of darkness, toany time or, during the hours of darkness, to drive livestockany time or, during the hours of darkness, to drive livestockalong or upon any highway which is normally used by motor vehicles. C.C. OwnersC. Owners of livestockC. Owners of livestock ranging in pastures through which unfenced roads or highwayspass shall notbe liable forfor damages by reason of injury or damage to persons or property ofor damages by reason of injury or damage to persons or property occasifor damages by reason of injury or damage to persons or property occasioned by collisions of vehicles using said roadsroads and highways and livestock or animals ranging in said paroads and highways and livestock or animals ranging in said pasturesroads and highways and livestock or animals ranging in said pastures unless such owner of livestock is guilty of specific negligence other than allowinghis animals to range in said pasture. 66-7-364. Putting glass or other material on highway prohibited. A.A. No personA. No person shall throw or deposit upon any highway anyglass bottle, glass, nails, tacks,wire, cansA. No person shall throw or deposit upon any highway anyglass bottle, glass, nails, tacks,wire, cans or any other substance likely to injure any person, animal or vehicle upon such highway. B.B. B. Any person who drops, or permits to be droppedB. Any person who drops, or permits to be dropped or thrown, upon any highway anydestructive or injurious material shall immediately remove the same or cause it to be removed. C.C. Any person removing a wrecked or damaged vehicle fromC. Any person removing a wrecked or damaged vehicle from a highwayshall remove any glassorC. Any person removing a wrecked or damaged vehicle from a highwayshall remove any glassor other injurious substance dropped upon the highwayfrom such vehicle. 66-7-366. Occupied moving house trailer. It is a misdemeanor for any person to: A. occupy a house trailer while it is beingtowed upon a highway; or B. tow a house trailer on any highway when the house trailer is occupied by any person. 66-7-367. Improper opening of doors. It is a misdemeanor for any person to: A. open the door of a vehicle on the side near moving traffic unless: (1) it is reasonably safe to do so; and (2) the door can be opened without interfering with the movement of traffic; or B.B. leave a door of a vehicle open on the side of the vehicle near moving traffic for a period of time longer than necessary to load or unload passengers. 66-7-368. Purpose [of child restraint device provisions]. TheThe purposThe purpose of this acThe purpose of this act [66-7-368, 66-7-369 NMSA 1978] is to minimize the likelihood of injury or death to young children riding in certain vehicles. 66-7-369. Child passenger restraint; enforcement. A. No person shall operate a passenger car, van or pickupA. No person shall operate a passenger car, van or pickup truck in this stateA. No person shall operate a passenger car, van or pickup truck in this state and not an authorized emergency vehicle,vehicle, public transportation or a school bus unless each passenger under eleven years of age is properlvehicle, public transportation or a school bus unless each passenger under eleven years of age is properly sevehicle, public transportation or a school bus unless each passenger under eleven years of age is properly secured inin a child passenger restraint device or by a safety belt, unless all seating positions equipped with safety belts are occupied, as follows: (1)(1) children less than one year(1) children less than one year of age shall be(1) children less than one year of age shall be properlysecured in a child passenger restraint device which meets the standards prescribed in 49 CFR 571.213; (2)(2) children one year of age and older but less than five(2) children one year of age and older but less than five years of age shall be(2) children one year of age and older but less than five years of age shall be properly secured in a child passenger restraintrestraint device which meets the standards prescribed in 49 CFR 571.213 orrestraint device which meets the standards prescribed in 49 CFR 571.213 or in the rear seat by arestraint device which meets the standards prescribed in 49 CFR 571.213 or in the rear seat by a safety belt provided in the motor vehicle; and (3)(3) children five years of age(3) children five years of age and older but less than eleven years of age shall be secured by a safety(3) children five years of age andolder but less than eleven years of age shall be secured by a safetybelt provided Page 27 Chapter 2 Defensive Driving Techniques 2-27 in the motor vehicle in either the front or rear seat. B.B. Failure to be secured byB. Failure to be secured by a child passenger restraint device orB. Failure tobe secured bya child passenger restraint device or bya safety beltas required bythis section shall not in any instance constitute fault or negligence and shall not limit or apportion damages. 66-7-370. Short title. This act [66-7-370 to 66-7-373 NMSA 1978] may be cited as the "Safety Belt Use Act". 66-7-372. Safety belt use required; exception. A.A. Except as provided by Section 66-7-369 NMSA NMSA 1978 and in Su NMSA 1978 and in Subsection B of this section, each front seat occupantoccupant of a motor vehicle having a gross vehicleoccupant of a motor vehicle having a gross vehicle weight of tenthousand pounds or less manufactured withoccupant of a motor vehicle having a gross vehicle weight of tenthousand pounds or less manufactured with safety beltsbelts in compliance withbelts in compliance with federal motorbelts in compliance with federal motor vehicle safety standard number 208 shall have a safety belt properlyfastened aboutabout his body at all times when the vehicle is in motion on any street or highwaabout his body at all times when the vehicle is in motion on any street or highway, unless all about his body at all times when the vehicle is in motion on any street or highway, unless all seating positions equipped with safety belts are occupied. B.B. This section shall not apply to an occupant of a motor vehicle having a grossB. This section shall not apply to an occupant of a motor vehicle having a gross vehicle weight of tenB. This section shall not apply to an occupant of a motor vehicle having a gross vehicle weight of ten thousand poundspounds or less who possessespounds or less who possesses a written statement from a licensedpounds or lesswho possesses a written statement froma licensed physician that he is unable for medical reasons to wearwear a safetybeltwear a safety belt or to a rural letter carrierwear a safety belt or to a rural letter carrier of theUnited States postal service while performing the duties of a rural letter carrier. 66-7-373. Enforcement programs. A.A. Failure to be secured by a child passenger restraint device or by a safety belt as requiredA. Failure to be secured bya child passenger restraint device or bya safety belt as required bythe Safety Belt UseUse Act [66-7-370 to 66-7-373 NMSA 1978 NMSA 1978] shall no NMSA 1978] shall not in any instance constitute fault or negligence and shall not limit or apportion damages. B.B. The traffic safety bureau of the state highway and transportation deB. The traffic safety bureau of the state highway and transportation depaB. The traffic safety bureau of the state highway and transportation department, in cooperation with the state departmentdepartment of public education and the department of health shall, to the extent that funding department of public education and the department of health shall, to the extent that funding adepartment of public education and the department of health shall, to the extent that funding allows, provide educationeducation to encourage compliance with the use of restraint devices ineducation to encourage compliance with the use of restraint devices inreducing therisk of harmto their userseducation to encourage compliance with the use of restraint devices inreducing therisk of harmto their users as well as to others. C.C. C. The traffic safety bureau of the stateC. The traffic safety bureau of the state highway and transportation department shall evaluate the effectiveness ofof the Safety Belt Use Act and shall include a report of its findings of the Safety Belt Use Act and shall include a report of its findings iof the Safety Belt Use Act and shall include a report of its findings in the annual evaluation report on its highway safetysafety plan that itsafety plan that it submitsto the national highway traffic safetysafety plan that it submits to the national highway traffic safety administration and the federal highway administration under 23 U.S.C. 402. D.D. The provisions ofD. The provisions of the Safety Belt Use Act shall be enforced whether or not associated with the enforcement of any other statute. 66-8-113. Reckless driving. A.A. AnyA. Any person who drives any vehicle carelessly and heedlessly in willfulA. Any person who drives any vehicle carelessly and heedlessly in willful or wanton disregard of the rights or safety of others and without due caution and circumspection and at a speed or insafety of others and without due caution and circumspection and at a speed or in a manner so as to endanger orsafety of others and without due caution and circumspection and at a speed or in a manner so as to endanger or be likely to endanger any person or property is guilty of reckless driving. B.B. EveryB. Every person convicted of reckless driving shall be punished, notwithstanding the provisions of Section 31-18-1331-18-13 NMSA 1978, upon a first conviction by imprisonment for31-18-13 NMSA 1978, upon a first conviction by imprisonment for not31-18-13 NMSA 1978, upon a first conviction by imprisonment for not less than five days nor more than ninety days, oror by a fine of not less than twenty-five dollars ($25.00)or by a fine of not less than twenty-five dollars ($25.00) nor more than one hundred dollars ($100), or both and on aa second or subsequenta second or subsequent conviction bya second or subsequent conviction byimprisonment for not less than tendays nor more than six months, or by a fine of not less than fifty dollars ($50.00) nor more than one thousand dollars ($1,000), or both. C.C. Upon conviction of violation of thisC. Upon conviction of violationof this section, the director may suspendC. Upon conviction of violationof this section, the director may suspend the license or permit to drive and any nonresident operating privilege for not to exceed ninety days.  |
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