A. The state transportation commission shall place and maintain such traffic-control devices, conforming to its manual and specifications, upon all state highways as it deems necessary to indicate and to carry out the provisions of Chapter 66, Article 7 NMSA 1978 or to regulate, warn or guide traffic.
B. No local authority shall place or maintain any traffic-control device upon any highway under the jurisdiction of the state transportation commission except by permission of the commission.
History: 1953 Comp., § 64-7-102, enacted by Laws 1978, ch. 35, § 382; 2003, ch. 142, § 12.
Cross references. — For provisions preventing local authorities from enacting conflicting ordinances, see 66-7-8 NMSA 1978.
For powers of local authorities with respect to streets and highways, see 66-7-9 NMSA 1978.
The 2003 amendment, effective July 1, 2003, substituted "transportation commission" for "highway commission" in the section heading and the section; and substituted "provisions of Chapter 66, Article 7 NMSA 1978" for "provisions of Article 7 of Chapter 64 NMSA 1953."
Liability for failure to post signs. — In an action claiming that negligence of the highway and transportation department (now department of transportation) in failing to post proper traffic signs resulted in an accident, the question whether signs were necessary to fulfill the department's duty to reasonably regulate, warn or guide traffic was a question of fact for the jury. Pollock v. State Hwy. & Transp. Dep't, 1999-NMCA-083, 127 N.M. 521, 984 P.2d 768, cert. denied, 127 N.M. 389, 981 P.2d 1207.
Am. Jur. 2d, A.L.R. and C.J.S. references. — Motorist's liability for collision at intersection of ordinary and arterial highways as affected by absence, displacement, or malfunctioning of stop sign or other traffic signal, 74 A.L.R.2d 242.
Liability of highway authorities arising out of motor vehicle accident allegedly caused by failure to erect or properly maintain traffic control device at intersection, 34 A.L.R.3d 1008.
Highways: governmental duty to provide curve warnings or markings, 57 A.L.R.4th 342.
Governmental liability for failure to post highway deer crossing warning signs, 59 A.L.R.4th 1217.
Copyright ©2024 LegalFix. All rights reserved. LegalFix is not a law firm, is not licensed to practice law, and does not provide legal advice, services, or representation. The information on this website is an overview of the legal plans you can purchase—or that may be provided by your employer as an employee benefit or by your credit union or other membership group as a membership benefit.
LegalFix provides its members with easy access to affordable legal services through a network of independent law firms. LegalFix, its corporate entity, and its officers, directors, employees, agents, and contractors do not provide legal advice, services, or representation—directly or indirectly.
The articles and information on the site are not legal advice and should not be relied upon—they are for information purposes only. You should become a LegalFix member to get legal services from one of our network law firms.
You should not disclose confidential or potentially incriminating information to LegalFix—you should only communicate such information to your network law firm.
The benefits and legal services described in the LegalFix legal plans are not always available in all states or with all plans. See the legal plan Benefit Overview and the more comprehensive legal plan contract during checkout for coverage details in your state.
Use of this website, the purchase of legal plans, and access to the LegalFix networks of law firms are subject to the LegalFix Terms of Service and Privacy Policy.