HOUSE BILL 113

54th legislature - STATE OF NEW MEXICO - first session, 2019

INTRODUCED BY

David M. Gallegos and Patricio Ruiloba

FOR THE TRANSPORTATION INFRASTRUCTURE REVENUE SUBCOMMITTEE

AN ACT

RELATING TO MOTOR VEHICLES; AMENDING A SECTION OF THE MOTOR VEHICLE CODE TO REQUIRE DRIVERS TO MOVE OVER FOR STATIONARY VEHICLES WHEN IT IS REASONABLY SAFE TO DO SO.

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

     SECTION 1. Section 66-7-332 NMSA 1978 (being Laws 1978, Chapter 35, Section 436, as amended) is amended to read:

     "66-7-332. OPERATION OF VEHICLES ON APPROACH OF MOVING AUTHORIZED EMERGENCY VEHICLES--OPERATION OF VEHICLES [ON APPROACH OF CERTAIN] APPROACHING STATIONARY VEHICLES.--

          A. Upon the immediate approach of an authorized emergency vehicle displaying flashing emergency lights or when the driver is giving audible signal by siren, the driver of every other vehicle shall yield the right of way and shall immediately drive to a position parallel to, and as close as possible to, the right-hand edge or curb of the roadway clear of any intersection and shall stop and remain in that position until the authorized emergency vehicle has passed, except when otherwise directed by a police officer.

          B. Upon approaching a stationary [authorized emergency] vehicle or a [recovery or repair] vehicle displaying flashing emergency or hazard lights, unless otherwise directed, the driver of a vehicle shall:

                (1) if reasonably safe to do so, drive in

a lane not adjacent to the stationary vehicle, decrease the speed of the vehicle to a speed that is reasonable and prudent under the circumstances and proceed with caution; or

                (2) if it is not reasonably safe to drive

in a lane not adjacent to the stationary vehicle, decrease the speed of the vehicle to a speed that is reasonable and prudent under the circumstances, proceed with caution and be prepared to stop.

          C. This section shall not operate to relieve the driver of [an authorized emergency vehicle or the driver of any other] a vehicle from the duty to drive and park with due regard for the safety of all persons using the highway."

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