HOUSE JUDICIARY COMMITTEE SUBSTITUTE FOR

HOUSE BILL 334

56th legislature - STATE OF NEW MEXICO - first session, 2023

 

 

 

 

 

 

 

AN ACT

RELATING TO MOTOR VEHICLES; ALLOWING A LAW ENFORCEMENT OFFICER OR DEPARTMENT OF TRANSPORTATION EMPLOYEE TO MOVE A HAZARD.

 

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

     SECTION 1. Section 66-3-852 NMSA 1978 (being Laws 1953, Chapter 139, Section 158.1) is amended to read:

     "66-3-852. STOPPED VEHICLES NOT TO INTERFERE WITH OTHER TRAFFIC.--

          A. No motor vehicle shall be stopped, parked or left standing, whether attended or unattended, upon the traveled portion of any highway outside of a business or residence district when it is practicable to stop, park or leave [such] the vehicle off the traveled portion of the highway. In the event that conditions make it impracticable to move [such] the motor vehicle from the traveled portion of the highway, the driver shall make every effort to leave all possible width of the highway opposite the standing vehicle for the free passage of other vehicles, and [he] the driver shall take care to provide a clear view of the standing vehicle as far as possible to the front and rear.

          B. When a law enforcement officer or department of transportation employee finds a motor vehicle, vehicle, cargo or debris, attended or unattended, standing upon any portion of a roadway or a highway right of way in such a manner as to constitute an immediate public safety hazard, the officer or department of transportation employee may move the motor vehicle, vehicle, cargo or debris off the roadway or move the obstruction that constituted an immediate public safety hazard within the highway right of way so the motor vehicle, vehicle, cargo or debris is no longer an immediate public safety hazard.

          C. The state, a county, a municipality or a law enforcement officer, a department of transportation employee or anyone acting under the direction of the officer or employee shall not be liable for any damage to a motor vehicle, vehicle, cargo or debris occasioned by the removal of the obstruction that constituted an immediate public safety hazard.

          D. As used in this section, "law enforcement officer" means a state or municipal police officer, county sheriff, deputy sheriff, public safety aide or other state employee authorized by state law to enforce criminal statutes."