SENATE BILL 575

48th legislature - STATE OF NEW MEXICO - first session, 2007

INTRODUCED BY

Michael S. Sanchez

AN ACT

RELATING TO MOTOR VEHICLES; DEFINING "SAFETY CORRIDOR" FOR THE PURPOSE OF DOUBLE FINES FOR EXCEEDING THE POSTED SPEED LIMIT.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     Section 1. Section 66-7-301 NMSA 1978 (being Laws 1978, Chapter 35, Section 405, as amended) is amended to read:

     "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 while children are going to or leaving school and when the school zone is properly posted;

                (2) thirty miles per hour in a business or residence district;

                (3) seventy-five miles per hour; and

                (4) the posted speed limit in construction zones posted as double fine zones or [other] in safety [zones] corridors posted as double fine zones as designated by the [highway and transportation] department of transportation, provided that the posted speed limit shall be determined by an engineering study performed by the [state highway and transportation] department of transportation. As used in this paragraph, "safety corridor" means a highway segment with a five-year history of ten or more fatal or serious injury crashes as evidenced by records of the department of transportation. Double fines in a safety corridor shall not be imposed or enforced until conspicuous notice of the safety corridor designation has been given within the safety corridor for at least the ten-day period immediately preceding the start of enforcement.

          B. In every event, speed shall be so controlled by the driver as may be necessary:

                (1) to avoid colliding with a person, vehicle or other conveyance on or entering the highway;

                (2) to comply with legal requirements as may be established by the [state highway and transportation] department of transportation or the New Mexico state police division of the department of public safety; [and]

                (3) to exercise the duty of all persons to use due care; and

                [(3)] (4) to protect workers in construction zones and other persons in safety corridors posted as double fine zones [or other safety zones posted as double fine zones as designated] by the [highway and transportation] department of transportation.

          C. The speed limits set forth in Subsection A of this section may be altered as authorized in Section 66-7-303 NMSA 1978."

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