44TH LEGISLATURE - STATE OF NEW MEXICO - FIRST SESSION, 1999

RELATING TO HIGHWAYS; ALLOWING POLICE AND THE STATE HIGHWAY AND TRANSPORTATION DEPARTMENT TO CLEAR HIGHWAY OBSTRUCTIONS.

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

Section 1. Section 66-7-349 NMSA 1978 (being Laws 1978, Chapter 35, Section 453) is amended to read:

"66-7-349. STOPPING, STANDING OR PARKING OUTSIDE OF BUSINESS OR RESIDENCE DISTRICTS.--

A. Upon any highway outside of a business or residence district, no person shall stop, park or leave standing [any] a vehicle, whether attended or unattended, upon the paved or main-traveled part of the highway when it is practicable to stop, park or leave [such] the vehicle off such part of [said] the highway, but in every event an unobstructed width of the highway opposite a standing vehicle shall be left for the free [passange] passage of other vehicles and a clear view of such stopped vehicles shall be available from a distance of two hundred feet in each direction upon [such] the highway.

B. Subsection A of this section [shall] does not apply to the driver of [any] a vehicle [which] that is disabled while on the paved or main-traveled portion of a highway in such manner and to such extent that it is impossible to avoid stopping and temporarily leaving [such] the disabled vehicle in [such] that position.

C. The state highway and transportation department, unless otherwise directed by an investigating police officer, or a police officer may remove or cause to be removed a vehicle or other obstruction from the paved or main-traveled part of a highway to the nearest place of safety if the vehicle or other obstruction obstructs traffic or poses a traffic hazard."