SENATE BILL 325
55th legislature - STATE OF NEW MEXICO - first session, 2021
INTRODUCED BY
Benny Shendo, Jr.
AN ACT
RELATING TO TRANSPORTATION; PROVIDING FOR THE PROCESS FOR THE COLLECTION OF DAMAGES BY THE DEPARTMENT OF TRANSPORTATION FOR DESTRUCTION OF PROPERTY.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 67-7-10 NMSA 1978 (being Laws 1921, Chapter 94, Section 10) is amended to read:
"67-7-10. UNLAWFUL USE OF HIGHWAYS--PENALTIES.--
A. The public highways in the state are dedicated to [the] reasonable use [thereof] by the public.
B. It [shall be] is unlawful for any person to injure or damage any public highway, [or] street, road or any bridge, culvert, sign, signpost, other traffic control or safety device or structure upon or used or constructed in connection with any public highway, [or] street or road for the protection thereof or for protection or regulation of traffic thereon by any unusual, improper or unreasonable use thereof or by the careless driving or use of any vehicle thereon or by [wilful] willful mutilation, defacing or destruction thereof.
C. It [shall be] is considered unreasonable use of any highway, street, road, bridge or structure to operate or conduct upon or over the same any vehicle, tractor, engine or load of greater weight than that specified by the state, county or municipal authorities having control of [such] the highway, street, road, bridge or structure in a notice posted at or near each end of [such] the highway, street, road, bridge or structure.
D. It [shall be] is considered unreasonable use of any improved highway, [or] street, road, bridge or structure to operate, drive or haul thereon any truck, tractor or engine in such manner or at times when the surface thereof is in a soft or plastic condition from moisture so as to cause excessive ruts or excessive deterioration or displacement of the surfacing thereof.
E. It [shall be] is unlawful to operate, haul or conduct over any public highway, [or] street, road, bridge or structure any vehicle, tractor, engine, truck, load, building or other object, more than eight feet in width, except loads of hay, straw or other farm products, without a permit from the state, county or municipal authority in control of such highway, [or] street, road, bridge or structure, which permit shall specify the manner of operation thereof so as [not] to prevent as far as possible inconvenience and danger to the traveling public and damage to the surface.
F. It [shall be] is unlawful to maintain any fence across any public [road] highway, street, road, bridge or structure unless the owner or person in control of such fence [shall construct] constructs and [maintain] maintains in good condition a gate and a cattle guard passageway for motor vehicles in accordance with the specifications of the authorities having control of such [road. And] highway, street, road, bridge or structure. No fence shall be maintained across any public [road] highway, street, road, bridge or structure without a written permit from the authorities having control of such [road] highway, street, road, bridge or structure.
G. Any person violating any provision of this section [shall be] is guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than twenty-five dollars ($25.00) nor more than five hundred dollars ($500) or by imprisonment in the county jail not less than five days nor more than thirty days or by both such fine and imprisonment [and].
H. The owner and the operator of [such] a vehicle, truck, tractor or engine that causes damage to any public highway, street, road, bridge, culvert, sign, signpost, other traffic control or safety device or structure in violation of any provision of this section and Section 67-7-11 NMSA 1978 shall be jointly and severally liable to the state, county or municipality as the case may be for the actual damage caused by the operation, conducting or hauling thereof over any public highway, street, road, bridge, culvert, sign, signpost, other traffic control or safety device or structure in violation of any provision of this [Act] section and Section 67-7-11 NMSA 1978, to be collected by suit or settlement brought in the name of the state, county or municipality having control of such highway or street, road, bridge, culvert, sign, signpost, other traffic control or safety device or structure; and such vehicle, truck, tractor or engine may be attached and held to satisfy any judgment for [such] damages.
I. Damages and associated claims pursuant to this section may be:
(1) settled at the discretion of the department on behalf of the state, or by the county or municipality, whichever has control of the subject highway or street, road, bridge, culvert, sign, signpost, other traffic control or safety device or structure, with regard to identified damages, whether or not the damages have been reduced to judgment; and may include a contract for collection of such damages due to the state, county or municipality; or
(2) collected by suit brought by the department in the name of the state, or by the county or municipality, whichever has control of the subject highway or street, road, bridge, culvert, sign, signpost, other traffic control or safety device or structure; and such vehicle, truck, tractor or engine that caused the damage may be attached and held to satisfy any judgment for such damages.
J. The proceeds of any such settlement or judgment shall be paid to the treasurer of the state or of such county or municipality and placed to the credit of a fund for the construction and improvement of [roads or streets] highways, streets, roads, bridges, traffic control or safety devices or structures."
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