The driver of a vehicle intending to turn at an intersection shall do so as follows:
A. both the approach for a right turn and a right turn shall be made as close as practicable to the right-hand curb or edge of the roadway;
B. at any intersection where traffic is permitted to move in both directions on each roadway entering the intersection, an approach for a left turn, except where left-turn provisions are made, shall be made in that portion of the right half of the roadway nearest the center line thereof and by passing to the right of such center line where it enters the intersection and after entering the intersection the left turn shall be made so as to leave the intersection to the right of the center line of the roadway being entered. Whenever practicable the left turn shall be made in that portion of the intersection to the left of the center of the intersection;
C. upon a roadway with two or more lanes for through traffic in each direction, where a center lane has been provided by distinctive pavement markings for the use of vehicles turning left from both directions, no vehicle shall turn left from any other lane. A vehicle shall not be driven in this center lane for the purpose of overtaking or passing another vehicle proceeding in the same direction. Any maneuver other than a left turn from this center lane will be deemed a violation of this section;
D. at any intersection where traffic is restricted to one direction on one or more of the roadways, the driver of a vehicle intending to turn left at any such intersection shall approach the intersection in the extreme left-hand lane lawfully available to traffic moving in the direction of travel of such vehicle and after entering the intersection the left turn shall be made so as to leave the intersection, as nearly as practicable, in the left-hand lane lawfully available to traffic moving in such direction upon the roadway being entered; and
E. local authorities in their respective jurisdictions may cause markers, buttons or signs to be placed within or adjacent to intersections and thereby require and direct that a different course from that specified in this section be traveled by vehicles turning at an intersection, and when markers, buttons or signs are so placed no driver of a vehicle shall turn a vehicle at an intersection other than as directed and required by the markers, buttons or signs.
History: 1941 Comp., § 68-2421, enacted by Laws 1953, ch. 139, § 76; 1953 Comp., § 64-18-21; Laws 1965, ch. 108, § 1; recompiled as 1953 Comp., § 64-7-322, by Laws 1978, ch. 35, § 426.
Cross references. — For the penalty assessment for violation, see 66-8-116 NMSA 1978.
Left turns. — Subsection B of Section 66-7-322 NMSA 1978 does not specify a particular lane that a driver, who makes a left turn, must end up in once the turn is completed and permits the driver discretion to choose a lane after completion of a turn. State v. Almeida, 2011-NMCA-050, 149 N.M. 651, 253 P.3d 941, cert. denied, 2011-NMCERT-005, 150 N.M. 666, 265 P.3d 717.
Where defendant was stopped by police for making a left turn without ending up in the left most lane of the roadway defendant turned into, the traffic stop was without a reasonable basis in law. State v. Almeida, 2011-NMCA-050, 149 N.M. 651, 253 P.3d 941, cert. denied, 2011-NMCERT-005, 150 N.M. 666, 265 P.3d 717.
Subsection D was not intended to apply to collision between two vehicles where both are making a left turn, one following the other, and therefore was not applicable to the question of contributory negligence in such a situation. Kight v. Butscher, 1977-NMCA-037, 90 N.M. 386, 564 P.2d 189, cert. denied, 90 N.M. 636, 567 P.2d 485.
Right to assume obedience to laws. — A motorcycle rider has a right to assume that an approaching automobile will obey the law in making a left turn. Greenfield v. Bruskas, 1937-NMSC-028, 41 N.M. 346, 68 P.2d 921.
Driver was negligent per se in making right turn, since the right turn was not made as near as practicable to the right hand curb or edge of the highway. Sapp v. Atlas Bldg. Prods. Co., 1957-NMSC-021, 62 N.M. 239, 308 P.2d 213.
Failure to yield right-of-way to oncoming traffic negligence per se. — Where appellees' vehicle was some 40 to 50 feet east of the intersection, traveling 25 to 30 miles per hour, as the left turn was started, appellant was legally bound to look and see westbound traffic so near the intersection and yield the right-of-way. She admittedly failed to do so, and a violation of these statutory standards of conduct was negligence per se. Danz v. Kennon, 1957-NMSC-090, 63 N.M. 274, 317 P.2d 321.
Violation of this and other provisions negligence per se. — An automobile driver who turned left at a street intersection and failed to pass the center of the intersection before turning, and failed to look to see if she could turn across the lane of traffic with safety, violated various traffic control provisions and was negligent per se. Her negligence was the proximate cause of a collision. Greenfield v. Bruskas, 1937-NMSC-028, 41 N.M. 346, 68 P.2d 921.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 7A Am. Jur. 2d Automobiles and Highway Traffic §§ 256, 257, 259.
Sudden or unsignaled stop or slowing of motor vehicle as negligence, 29 A.L.R.2d 5.
Duty of motor vehicle driver approaching place where children are playing or gathered, 30 A.L.R.2d 5.
Liability for accident arising from failure of motorist to give signal for left turn at intersection as against motor vehicle proceeding in same direction, 39 A.L.R.2d 15.
Liability for accident arising from failure of motorist to give signal for left turn at intersection, as against oncoming or intercepting motor vehicle, 39 A.L.R.2d 65.
Failure of motorist to give signal for left turn between intersections, liability for accident arising from, 39 A.L.R.2d 103.
What amounts to reckless driving of motor vehicle within statute making such a criminal offense, 52 A.L.R.2d 1337.
What is street or highway intersection within traffic rules, 7 A.L.R.3d 1204.
Liability of motorist who left key in ignition for damage or injury caused by stranger operating the vehicle, 45 A.L.R.3d 787.
Liability arising from collision of automobile making U-turn and another vehicle, 53 A.L.R.4th 849.
Liability for personal injury or property damage caused by unauthorized use of automobile which has been parked with keys removed from ignition, 70 A.L.R.4th 276.
60A C.J.S. Motor Vehicles §§ 365 to 368.
Structure New Mexico Statutes
Article 7 - Traffic Laws; Signs, Signals and Markings; Accidents; Weight and Size; Traffic Safety
Part 4 - TRAFFIC LAWS GENERALLY
Section 66-7-301 - Speed regulation.
Section 66-7-302.1 - Speed limit; conviction; use limited.
Section 66-7-303 - Establishment of speed zones.
Section 66-7-303.1 - Construction zones; traffic control devices; penalty.
Section 66-7-304 - County roads; authority to regulate speed limits.
Section 66-7-305 - Minimum speed regulation.
Section 66-7-306 - Special speed limitations.
Section 66-7-307 - Charging violations; rule in civil actions.
Section 66-7-308 - Drive on right side of roadway; exceptions.
Section 66-7-309 - Passing vehicles proceeding in opposite direction [directions].
Section 66-7-310 - Overtaking a vehicle on the left.
Section 66-7-311 - When overtaking on the right is permitted.
Section 66-7-312 - Limitations on overtaking on the left.
Section 66-7-313 - Further limitations on driving to left of center of roadway.
Section 66-7-314 - Movement of hazardous vehicle; escort may be required.
Section 66-7-315 - No-passing zones.
Section 66-7-316 - One-way roadways and rotary traffic islands.
Section 66-7-317 - Driving on roadways laned for traffic.
Section 66-7-318 - Following too closely.
Section 66-7-318 - Following too closely. (Effective July 1, 2022.)
Section 66-7-319 - Driving on divided highways.
Section 66-7-320 - Restricted access.
Section 66-7-321 - Restrictions on use of controlled-access roadway.
Section 66-7-322 - Required position and method of turning at intersections.
Section 66-7-323 - Turning on curve or crest or [of] grade prohibited.
Section 66-7-324 - Starting parked vehicle.
Section 66-7-325 - Turning movements and required signals.
Section 66-7-326 - Signals by hand and arm or signal device.
Section 66-7-327 - Method of giving hand and arm signals.
Section 66-7-328 - Vehicle approaching or entering intersection.
Section 66-7-329 - Vehicles turning left at intersection.
Section 66-7-330 - Vehicles entering stop or yield intersection.
Section 66-7-331 - Vehicle entering highway from private road or driveway.
Section 66-7-332.1 - Approach of oncoming vehicle; yield right of way.
Section 66-7-333 - Pedestrians subject to traffic regulations.
Section 66-7-334 - Pedestrians' right of way in crosswalks.
Section 66-7-335 - Crossing at other than crosswalks.
Section 66-7-336 - School crossings.
Section 66-7-337 - Drivers to exercise due care.
Section 66-7-338 - Pedestrians to use right half of crosswalk.
Section 66-7-339 - Pedestrians on roadways.
Section 66-7-340 - Pedestrians soliciting rides or business.
Section 66-7-341 - Railroad-highway grade crossing violations; all drivers.
Section 66-7-342 - All vehicles must stop at certain railroad grade crossings.
Section 66-7-344 - Moving heavy equipment at railroad grade crossings.
Section 66-7-345 - Authority to designate through highways and stop and yield intersections.
Section 66-7-346 - Stop before emerging from alley or private driveway.
Section 66-7-347 - Overtaking and passing school bus.
Section 66-7-348 - Special lighting equipment on school buses.
Section 66-7-349 - Stopping, standing or parking outside of business or residence districts.
Section 66-7-350 - Officers authorized to remove illegally stopped vehicles.
Section 66-7-351 - Stopping, standing or parking prohibited in specified places.
Section 66-7-352 - Additional parking regulations.
Section 66-7-352.1 - Short title.
Section 66-7-352.2 - Legislative intent.
Section 66-7-352.3 - Repealed.
Section 66-7-352.4 - Parking lots; standards.
Section 66-7-352.5 - Unauthorized use; penalties.
Section 66-7-352.6 - Enforcement.
Section 66-7-353 - Unattended motor vehicle.
Section 66-7-354 - Limitation on backing.
Section 66-7-355 - Riding on motorcycles.
Section 66-7-356 - Mandatory use of protective helmets.
Section 66-7-357 - Obstruction to driver's view or driving mechanism.
Section 66-7-358 - Restriction on use of video screens in motor vehicles.
Section 66-7-359 - Driving on mountain highways.
Section 66-7-360 - Coasting prohibited.
Section 66-7-361 - Following fire apparatus and driving through safety zone prohibited.
Section 66-7-362 - Crossing fire hose.
Section 66-7-363 - Animals on highway; highway fencing.
Section 66-7-364 - Putting injurious material or trash on highway prohibited.
Section 66-7-365 - Recompiled.
Section 66-7-366 - Occupied moving house trailer.
Section 66-7-367 - Improper opening of doors.
Section 66-7-368 - Purpose [of child restraint device provisions].
Section 66-7-369 - Child passenger restraint; enforcement.
Section 66-7-370 - Short title.
Section 66-7-372 - Safety belt use required; exception.
Section 66-7-373 - Enforcement programs.