HOUSE BILL 902

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

INTRODUCED BY

Henry 'Kiki' Saavedra

AN ACT

RELATING TO MOTOR VEHICLES; CLARIFYING STATE POLICE AUTHORITY TO CLOSE STATE HIGHWAYS.

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

     Section 1. Section 66-7-11 NMSA 1978 (being Laws 1987, Chapter 280, Section 1) is amended to read:

     "66-7-11. NEW MEXICO STATE POLICE POWER TO CLOSE CERTAIN HIGHWAYS IN EMERGENCIES.--Notwithstanding any rule [regulation] or agreement of the [state highway] department of transportation, the New Mexico state police, in cases of emergency where the condition of a state highway presents a substantial danger to vehicular travel by reason of storm, fire, accident, spillage of hazardous materials or other unusual or dangerous conditions, may temporarily close such highway to vehicular travel [until the New Mexico state police determines otherwise]; provided that if a lane, shoulder or verge bordering the state highway within the right-of-way boundaries is passable by motor vehicle without presenting a substantial danger to vehicular travel, the state police shall engage in traffic control to route traffic, in both directions, around or past the emergency incident in that lane or on that shoulder or verge. In no case shall the state police close a state highway or a portion of that highway as a crime scene if the highway or portion is passable and physically unaffected by the emergency condition. The [state highway] department of transportation shall be notified of the highway closure as soon as practicable."

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