The following words and phrases when used in this act [63-3-35 to 63-3-38 NMSA 1978] shall, for the purpose of this act, have the meanings respectively ascribed to them in this section, except in those instances where the context clearly indicates a different meaning.
A. "Public highways": every place or way of whatever nature open to the use of the public as a matter of right for purposes of vehicular travel.
B. "Grade crossing" or "crossing at grade": a crossing so constructed that a highway crosses railroad tracks upon the same grade as is occupied by such tracks.
C. "Grade separation": a separation of the grade of railroad tracks from that of a highway at a railroad crossing, so constructed that the highway will either pass under the tracks of the railroad or over such tracks, at a sufficient height above the same to permit railroad trains to pass under such highway.
D. "Grade separation limits": all that portion of a highway at or near a railroad crossing between the points where the grade line of such highway leaves its natural grade on one side of a railroad track and where it returns to its natural grade on the other side of such track.
History: Laws 1929, ch. 97, § 1; C.S. 1929, § 116-1201; 1941 Comp., § 74-336; 1953 Comp., § 69-3-38.
Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 65 Am. Jur. 2d Railroads § 265.
74 C.J.S. Railroads § 140.
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Section 63-3-3 to 63-3-5 - Repealed.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Section 63-3-9 to 63-3-22 - Repealed.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Section 63-3-29 to 63-3-32 - Repealed.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.]