A. Except as provided in Subsection B of this section, every railroad corporation shall cause a bell to be attached to each of its locomotives and shall cause the bell to be rung at a distance of not less than eighty rods from the crossing of any public street, road or highway.
B. For a railroad, owned by the state or one of its political subdivisions, if the crossing is within a designated quiet zone pursuant to federal railroad administration rules and the maximum allowed speed for a train using the crossing is equal to or less than forty miles per hour, the bell shall be rung not less than three hundred feet from the crossing.
C. A railroad corporation violating a provision of Subsection A or B of this section shall be subject to a penalty of one hundred dollars ($100) to be recovered by action in the name of the state in any court of competent jurisdiction, one-half of which shall go to the informer and the other half of which shall go to the state. The corporation shall also be liable for all damages that may be sustained by any person by reason of noncompliance with the provisions of this section.
History: Laws 1878, ch. 1, ch. [tit.] 8, § 1; C.L. 1884, § 2668; C.L. 1897, § 3859; Code 1915, § 4705; C.S. 1929, § 116-306; 1941 Comp., § 74-335; 1953 Comp., § 69-3-37; 1978 Comp., § 63-3-34, Laws 2009, ch. 229, § 1.
Cross references. — For disposition of fines and forfeitures, see N.M. Const., art. XII, § 4.
The 2009 amendment, effective June 19, 2009, in Subsection A, at the beginning of the sentence, added "Except as provided in Subsection B of this section"; after "shall cause a bell", deleted "of at least twenty pounds weight"; added Subsection B; and in Subsection C, at the beginning of the first sentence, added "A railroad corporation violating a provision of Subsection A or B of this section shall be subject to".
Am. Jur. 2d, A.L.R. and C.J.S. references. — 65 Am. Jur. 2d Railroads § 363.
Customary or statutory signal from train as measure of railroad's duty as to warning at highway crossing, 5 A.L.R.2d 112.
74 C.J.S. Railroads §§ 427, 428.
Structure New Mexico Statutes
Chapter 63 - Railroads and Communications
Article 3 - Operation and Regulations Generally
Section 63-3-1 - [Schedules; accommodations; persons who may be refused transportation.]
Section 63-3-2 - [Damages in case of refusal of transportation.]
Section 63-3-3 to 63-3-5 - Repealed.
Section 63-3-6 - [Injury to passenger; contributory negligence; insufficient room.]
Section 63-3-7 - [Baggage checks; refusal to furnish; nondelivery of baggage; damages.]
Section 63-3-8 - [Unclaimed baggage; sale after three months' period; proceeds of sale.]
Section 63-3-9 to 63-3-22 - Repealed.
Section 63-3-25 - [Fireguards; plowing; burning of vegetation; notice.]
Section 63-3-26 - [Failure to maintain fireguard; penalty; enforcement.]
Section 63-3-27 - [Fireguard made under direction of county commissioners; expenses.]
Section 63-3-28 - [Actions for damages by fire; limitation.]
Section 63-3-29 to 63-3-32 - Repealed.
Section 63-3-33 - [Failure of district attorney to act; prosecution by attorney general.]
Section 63-3-34 - Bell to be rung at highway crossings.
Section 63-3-35 - [Highway crossings; definitions.]
Section 63-3-36 - Construction and maintenance of highway crossings.
Section 63-3-37 - Separation of grade crossing; determination; cost.
Section 63-3-38 - Maintenance of grade crossing.
Section 63-3-39 - [Industrial railroads; hauling for others; not considered common carrier.]