SENATE BILL 11

56th legislature - STATE OF NEW MEXICO - first special session, 2024

INTRODUCED BY

Mark Moores

 

 

 

 

 

AN ACT

RELATING TO PUBLIC SAFETY; ENACTING THE UNSAFE USE OF PUBLIC HIGHWAYS AND MEDIANS ACT; DEFINING TERMS; PRESCRIBING PENALTIES; AMENDING AND ENACTING SECTIONS OF THE NMSA 1978.

 

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

     SECTION 1. [NEW MATERIAL] SHORT TITLE.--Sections 1 through 4 of this act may be cited as the "Unsafe Use of Public Highways and Medians Act".

     SECTION 2. [NEW MATERIAL] FINDINGS AND PURPOSE.--The legislature finds that:

          A. thousands of pedestrians die and tens of thousands are injured by encounters with vehicular traffic annually, according to the national highway traffic safety administration;

          B. New Mexico has had the nation's highest rate of pedestrian fatalities per capita in recent years, according to the governors highway safety association;

          C. many existing highway configurations cannot safely accommodate the presence of pedestrians upon a highway median;

          D. pedestrians who enter highway travel lanes or remain on narrow highway medians pose a danger to drivers, who may swerve and crash to avoid hitting a pedestrian; and

          E. the state of New Mexico has a compelling interest in adopting laws that promote safety and prevent deaths and injuries resulting from the presence of pedestrians in highway travel lanes and on narrow highway medians not designed for pedestrian use.

     SECTION 3. [NEW MATERIAL] DEFINITIONS.--As used in the Unsafe Use of Public Highways and Medians Act:

          A. "highway" means every road, thoroughfare, street or way generally open to public use for the purpose of vehicular traffic;

          B. "median" means the area of land between opposing lanes of traffic on divided highways;

          C. "pedestrian" means any natural person who is on foot or is using:

                (1) a means of conveyance propelled by human power other than a bicycle; or

                (2) an electric personal assistive mobility device; and

          D. "travel lane" means the portion of a highway dedicated to the movement of motor vehicles from one destination to another where a motor vehicle may not remain stationary indefinitely without obstructing the free flow of traffic and does not include shoulders, bicycle lanes or on-street parking.

     SECTION 4. [NEW MATERIAL] UNSAFE USE OF PUBLIC HIGHWAYS AND MEDIANS--PENALTY.--

          A. It is unlawful for a pedestrian to:

                (1) occupy a travel lane of a highway; or

                (2) occupy a travel lane of the exit or entrance ramp of a highway.

          B. It is unlawful for a person to access, use, occupy, congregate or assemble on a median of a highway with a posted speed limit of thirty miles per hour or greater and that does not possess a flat area at least thirty-six inches in width.

          C. The provisions of Subsections A and B of this section do not apply to:

                (1) occupying a travel lane of a highway or the travel lane of the exit or entrance ramp of a highway for the purpose of legally crossing a highway;

                (2) walking along and upon a highway, as provided in Section 66-7-339 NMSA 1978;

                (3) maintenance, repair or construction activities within medians or highway areas by public agencies or their agents;

                (4) law enforcement officers engaged in the performance of their official duties;

                (5) entering or exiting a bus or other form of public transit at authorized pick-up and drop-off locations; or

                (6) physical interactions or exchanges between pedestrians and occupants of vehicles where the vehicle is lawfully stopped or pulled over outside of a travel lane or parked at a location where on-street parking is permitted.

          D. A person who violates the provisions of this section is guilty of a petty misdemeanor and shall be sentenced pursuant to the provisions of Section 31-19-1 NMSA 1978.

     SECTION 5. Section 66-7-339 NMSA 1978 (being Laws 1978, Chapter 35, Section 443, as amended) is amended to read:

     "66-7-339. PEDESTRIANS ON ROADWAYS.--

          A. Where sidewalks are provided, it is unlawful for a pedestrian to walk along and upon an adjacent roadway.

          B. Where sidewalks are not provided, a pedestrian walking along and upon a highway shall, when practicable, walk only on the left side of the roadway or its shoulder facing traffic that may approach from the opposite direction; provided that a pedestrian shall not walk upon a highway with a posted speed limit of thirty miles per hour or greater.

          C. A person who violates the provisions of this section is guilty of a penalty assessment misdemeanor.

          D. As used in this section, "highway" means every road, thoroughfare, street or way generally open to public use for the purpose of vehicular traffic."

     SECTION 6. SEVERABILITY.--If any part of the Unsafe Use of Public Highways and Medians Act is held to be invalid, the remainder or its application to other situations or persons shall not be affected.

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