A. It is a misdemeanor for any person to drive or move, or for the owner, lessee or other person directing the operation to cause or permit to be driven or moved, on any highway any vehicle or vehicles of a size or weight exceeding the limitations stated in Sections 66-7-401 through 66-7-416 NMSA 1978 or otherwise in violation of said sections, and the maximum size and weight of vehicles herein specified shall be lawful throughout this state, and local authorities shall have no power or authority to alter said limitations except as express authority may be granted in said sections.

B. The provisions of Sections 66-7-401 through 66-7-416 NMSA 1978 governing size, weight and load shall not apply to fire apparatus, road machinery engaged in highway construction or maintenance or to implements of husbandry, including farm tractors, temporarily moved upon a highway, or to a vehicle operated under the terms of a special permit issued as herein provided.

History: 1953 Comp., § 64-7-401, enacted by Laws 1978, ch. 35, § 472.

Cross references. — For general definitions applicable to this section, see 66-1-4 to 66-1-4.20 NMSA 1978.

For provisions that references to English measurement units also refer to equivalent metric units, see 66-1-5 NMSA 1978.

For the penalty for a misdemeanor, see 66-8-7 NMSA 1978.

Provisions within police powers of legislature. — The supreme court held that the legislature by enacting Laws, 1955, ch. 37 (similar to Sections 66-7-401 to 66-7-416 NMSA 1978), had spoken upon a subject within the police powers excepted from referendum by the state constitution (N.M. Const., art. IV, § 1); it had exercised its discretion to speak one way or the other; and there was apparent a valid and reasonable relationship between the enactment and the preservation of the public peace, health or safety. Otto v. Buck, 1956-NMSC-040, 61 N.M. 123, 295 P.2d 1028.

Enactment of provisions not referable. — Laws 1955, ch. 37 (similar to Sections 66-7-401 to 66-7-416 NMSA 1978), can only be justified under the police power of the state. The test is not whether the particular act, in the opinion of the supreme court or any other fact-finding agency, is for the peace, health or safety. It is a question to be determined by the legislature and any law which is passed under the inherent police power of the state is not referable under N.M. Const., art. IV, § 1. The only way a state gains authority to regulate any highway activity is under its police power. 1955 Op. Att'y Gen. No. 55-6268.

No violation until loaded vehicle "driven or moved". — The remedy of the state is restricted to arrest when the offense occurs. It is doubtful that prior to the occurrence of the offense a person could be required to take measures which would prevent the offense. The offense is not committed until a vehicle thus loaded is "driven or moved" or operated on a highway. Certainly the driver or owner of the vehicle commits no offense if his vehicle, although loaded as prohibited, is parked on the side of a highway. However, once moving on the highway if sand, gravel or manure escapes, then arrest and punishment may follow. 1955 Op. Att'y Gen. No. 55-6262.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 7A Am. Jur. 2d Automobiles and Highway Traffic §§ 171, 198 to 201.

Power to limit weight of vehicle or its load with respect to use of streets or highways, 75 A.L.R.2d 376.

Violation or regulations governing size or weight of motor vehicles, or combinations of vehicles and loads, on the highway as basis of liability for personal injury, death, or damage to private property, 21 A.L.R.3d 989.

Liability for damaging highway or bridge by nature or weight of vehicles or loads transported over it, 53 A.L.R.3d 1035, 31 A.L.R.5th 171.

40 C.J.S. Highways §§ 243, 244; 60 C.J.S. Motor Vehicles §§ 32, 43.