HB 902

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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 or

agreement of the department of transportation, the New Mexico

state police, in cases of emergency where the condition of a

state, United States or interstate 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; provided that the state police

shall use all means necessary to reroute traffic around the

accident or incident scene using lanes, shoulders, frontage

roads or alternative routes that may be available and

physically unaffected by the accident or incident. The

department of transportation shall be notified of the highway

closure as soon as practicable and assist the state police

with traffic control. During the course of any investigation

where evidence is present in the travel portion of the

roadway, such evidence shall be documented and collected first

so that the roadway can be cleared and traffic can be routed

through the scene. Any other law enforcement agency that may

be investigating an accident or incident where the

investigating agency believes closure of the highway is

necessary shall contact the state police immediately. The

state police shall evaluate the emergency situation and

determine if the closure is necessary and, with the assistance

of the investigating agency, shall reroute traffic around the

accident or incident scene. The state police shall make the

final determination regarding the length of time it is

necessary to have the highway closed and other law enforcement

agencies shall adhere to the directions of the state police."

HB 902

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