A. Except as set forth in Subsection D of this section, a driver of a vehicle carrying passengers for hire, a school bus carrying school children or a vehicle carrying hazardous materials, radioactive or explosive substances or flammable liquids as cargo or as part of its cargo, before entering a railroad-highway grade crossing, is required to stop no more than fifty feet and no less than fifteen feet from the nearest rail of the railroad.
B. While stopped, the driver shall:
(1) look and listen in both directions along the track for an approaching train and for signals indicating that a train is approaching;
(2) determine it is safe to proceed completely through the railroad-highway grade crossing before entering it; and
(3) set the vehicle in a gear sufficiently low that gears will not need to be shifted before exiting the railroad-highway grade crossing.
C. A driver shall not shift gears while in a railroad-highway grade crossing.
D. A driver of a vehicle carrying passengers for hire, a school bus carrying school children or a vehicle carrying hazardous materials, radioactive or explosive substances or flammable liquids as cargo or as part of its cargo is not required to stop at:
(1) a railroad-highway grade crossing where a police officer directs traffic to proceed;
(2) a railroad-highway grade crossing where a stop-and-go traffic light controls movement of traffic;
(3) a railroad-highway grade crossing used exclusively for industrial switching purposes, within a business district as defined in Section 66-1-4.2 NMSA 1978;
(4) a railroad-highway grade crossing where use of the railroad has been abandoned and there is a sign indicating that the railroad has been abandoned; or
(5) an industrial or spur line railroad-highway grade crossing marked with a sign reading "exempt crossing" that has been designated as exempt by appropriate state or local authorities.
E. Penalties for violation of this section are included in Section 66-8-116 NMSA 1978.
History: Laws 2003, ch. 51, § 9.
Repeals and reenactments. — Laws 2003, ch. 51, § 8 repealed former 66-7-341 NMSA 1978, as enacted by Laws 1978, ch. 35, § 445, and enacted the above section, effective March 19, 2003.
Cross references. — For general definitions of the classifications used in this section, see 66-1-4 to 66-1-4.20 NMSA 1978.
For the penalty assessment for violation, see 66-8-116 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 65 Am. Jur. 2d Railroads § 335.
75 C.J.S. Railroads § 773.
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.