Read the full stored bill text
HB0188
HOUSE BILL 188
57th legislature - STATE OF NEW MEXICO - second session, 2026
INTRODUCED BY
Angelita Mejia
and
Dayan Hochman-Vigil
and
Jonathan A. Henry
and
Mark B. Murphy
and
Jimmy G. Mason
AN ACT
RELATING TO MOTOR VEHICLES; ALLOWING A LAW ENFORCEMENT OFFICER
OR DEPARTMENT OF TRANSPORTATION EMPLOYEE TO MOVE A HAZARD.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1.
Section 66-3-852 NMSA 1978 (being Laws 1953,
Chapter 139, Section 158.1) is amended to read:
"66-3-852. STOPPED VEHICLES NOT TO INTERFERE WITH OTHER
TRAFFIC.--
A.
No motor vehicle shall be stopped, parked or
left standing, whether attended or unattended, upon the
traveled portion of any highway outside of a business or
residence district when it is practicable to stop, park or
leave [
such
]
the
vehicle off the traveled portion of the
highway. In the event that conditions make it impracticable to
move [
such
]
the
motor vehicle from the traveled portion of the
highway, the driver shall make every effort to leave all
possible width of the highway opposite the standing vehicle for
the free passage of other vehicles, and [
he
]
the driver
shall
take care to provide a clear view of the standing vehicle as
far as possible to the front and rear.
B. A motor vehicle, vehicle, cargo or debris,
whether attended or unattended, standing upon any portion of a
roadway or a highway right of way that constitutes an immediate
public safety hazard may be moved by a law enforcement officer
or department of transportation employee within the highway
right of way to eliminate the immediate public safety hazard.
C. The state, a county, a municipality or a law
enforcement officer, a department of transportation employee or
anyone acting under the direction of the officer or employee
shall not be liable for any damage to a motor vehicle, vehicle,
cargo or debris occasioned by its removal as provided in
Subsection B of this section.
D. As used in this section, "law enforcement
officer" means a state or municipal police officer, county
sheriff, deputy sheriff, public safety aide or other state
employee authorized by state law to enforce criminal statutes.
"
- 2 -