A. Upon the immediate approach of an authorized emergency vehicle displaying flashing emergency lights or when the driver is giving audible signal by siren, the driver of every other vehicle shall yield the right of way and shall immediately drive to a position parallel to, and as close as possible to, the right-hand edge or curb of the roadway clear of any intersection and shall stop and remain in that position until the authorized emergency vehicle has passed, except when otherwise directed by a police officer.
B. Upon approaching a stationary authorized emergency vehicle or a recovery or repair vehicle displaying flashing emergency or hazard lights, unless otherwise directed, the driver of a vehicle shall:
(1) if reasonably safe to do so, drive in a lane not adjacent to the stationary vehicle, decrease the speed of the vehicle to a speed that is reasonable and prudent under the circumstances and proceed with caution; or
(2) if it is not reasonably safe to drive in a lane not adjacent to the stationary vehicle, decrease the speed of the vehicle to a speed that is reasonable and prudent under the circumstances, proceed with caution and be prepared to stop.
C. This section shall not operate to relieve the driver of an authorized emergency vehicle or the driver of any other vehicle from the duty to drive and park with due regard for the safety of all persons using the highway.
History: 1953 Comp., § 64-7-332, enacted by Laws 1978, ch. 35, § 436; 2001, ch. 59, § 1; 2005, ch. 10, § 1; 2017, ch. 75, § 2.
Cross references. — For the definition of "authorized emergency vehicle", see 66-1-4.1 NMSA 1978.
For the penalty assessment for violation of this section, see 66-8-116 NMSA 1978.
The 2017 amendment, effective June 16, 2017, required drivers to treat stationary recovery or repair vehicles with flashing emergency or hazard lights the same as other stationary vehicles with emergency lights on the highway; in the catchline, added "operation of vehicles on approach of certain stationary vehicles"; in Subsection A, after "signal by siren", deleted "exhaust whistle or bell"; in Subsection B, in the introductory clause, after "stationary vehicle", added "or a recovery or repair vehicle", and after "flashing emergency", added "or hazard", in Paragraph B(1), after "adjacent to", deleted "where", after the next occurrence of "the", deleted "authorized emergency" and added "stationary", and after the first occurrence of "vehicle", deleted "is stopped", in Paragraph B(2), after "adjacent to", deleted "where", after the next occurrence of "the", deleted "authorized emergency" and added "stationary", and after the first occurrence of "vehicle", deleted "is stopped"; and in Subsection C, after "emergency vehicle", added "or the driver of any other vehicle".
The 2005 amendment, effective June 17, 2005, required motorists approaching a stationary emergency vehicles with flashing emergency lights to drive in a lane not adjacent to the emergency vehicle if reasonably safe to do so and to reduce speed.
The 2001 amendment, effective June 15, 2001, deleted "other than a police vehicle" preceding "when operated as an authorized emergency vehicle".
Provision does not state driver's standard of care to passengers. — The standard of care provided by Section 64-18-31, 1953 Comp. (similar to this section), is not the standard of care owing by an ambulance driver to his passengers. Otero v. Physicians & Surgeons Ambulance Serv., Inc., 1959-NMSC-024, 65 N.M. 319, 336 P.2d 1070.
Police vehicle showing red lights or sounding siren is emergency vehicle and all approaching or pursued vehicles are required to stop. 1959 Op. Att'y Gen. No. 59-20.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 7A Am. Jur. 2d Automobiles and Highway Traffic § 244.
Construction and application of statutory provision requiring motorists to yield right-of-way to emergency vehicle, 87 A.L.R.5th 1.
60A C.J.S. Motor Vehicles §§ 371 to 377; 61A C.J.S. Motor Vehicles § 714(2).
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.