0001| AN ACT | 0002| RELATING TO MOTOR VEHICLES; CHANGING SPEED LIMIT PROVISIONS OF THE | 0003| MOTOR VEHICLE CODE; AMENDING SECTIONS OF THE NMSA 1978. | 0004| | 0005| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0006| Section 1. Section 66-1-5 NMSA 1978 (being Laws 1995, Chapter 135, Section 2) is | 0007| amended to read: | 0008| "66-1-5. MEASUREMENTS.--Whenever any provision of the Motor Vehicle Code or | 0009| regulations promulgated thereunder refers to weight, height, length, width or speed in English | 0010| units of measurement, it also refers to the metric equivalent of those units or, when adopted, to | 0011| the metric substitutes for those units adopted by the state highway and transportation | 0012| department." | 0013| Section 2. Section 66-7-301 NMSA 1978 (being Laws 1978, Chapter 35, Section 405, as | 0014| amended by Laws 1989, Chapter 318, Section 29 and also by Laws 1989, Chapter 320, Section | 0015| 1) is amended to read: | 0016| "66-7-301. SPEED REGULATION.-- | 0017| A. No person shall drive a vehicle on a highway at a speed greater than: | 0018| (1) fifteen miles per hour on all highways when passing a school while | 0019| children are going to or leaving school and when the school zone is properly posted; | 0020| (2) thirty miles per hour in any business or residence district; | 0021| (3) seventy-five miles per hour; and | 0022| (4) the posted speed limit in construction zones, provided that the posted | 0023| speed limit shall be determined by an engineering study performed by the state highway and | 0024| transportation department. | 0025| B. In every event, speed shall be so controlled by the driver as may be necessary: | 0001| (1) to avoid colliding with any person, vehicle or other conveyance on or | 0002| entering the highway; | 0003| (2) to comply with legal requirements as may be established by the state | 0004| highway and transportation department or the New Mexico state police division of the | 0005| department of public safety and the duty of all persons to use due care; and | 0006| (3) to protect workers in a construction zone. | 0007| C. The speed limits set forth in Subsection A of this section may be altered as | 0008| authorized in Section 66-7-303 NMSA 1978." | 0009| Section 3. Section 66-7-303 NMSA 1978 (being Laws 1957, Chapter 73, Section 2, as | 0010| amended) is amended to read: | 0011| "66-7-303. ESTABLISHMENT OF SPEED ZONES.-- | 0012| A. Whenever the secretary of highway and transportation determines upon the | 0013| basis of an engineering survey and traffic investigation, a detailed report of which is filed with | 0014| the traffic safety bureau of the state highway and transportation department, that any speed | 0015| established by law is greater or less than is reasonable or safe under the conditions found to exist | 0016| upon any part of a state highway, the secretary of highway and transportation may declare the | 0017| speed limit for that part, and that speed limit shall be authorized and effective when appropriate | 0018| signs giving notice thereof are erected at that particular part of the highway; provided that no | 0019| speed limit shall be declared greater than seventy-five miles per hour. The declaration of speed | 0020| limits by the secretary of highway and transportation shall not be considered rules for purposes | 0021| of the State Rules Act. | 0022| B. Whenever a local authority determines upon the basis of an engineering | 0023| survey and traffic investigation that any speed limit permitted under state law or local ordinance | 0024| is greater or less than is reasonable or safe under the conditions found to exist upon any part of a | 0025| highway within its jurisdiction, it may declare a speed limit for that part, and that speed limit | 0001| shall be authorized and effective when appropriate signs giving notice thereof are erected at that | 0002| particular part of the highway; provided that no speed limit shall be declared greater than | 0003| seventy-five miles per hour. | 0004| C. Engineering surveys and traffic investigations made by local authorities shall | 0005| be on a form approved by the secretary of highway and transportation. If engineers are not | 0006| available to the local authorities, the state highway and transportation department may make the | 0007| surveys and investigations for the local authorities. | 0008| D. Speed zones may be marked by a sign containing a flashing yellow light and, | 0009| when the light is in operation, the speed limit, instructions or regulations on the sign are in | 0010| effect. | 0011| E. Alteration of speed limits on state highways by local authorities is not | 0012| effective until approved by the secretary of highway and transportation. | 0013| F. The provisions of Subsections A and B of this section shall not apply to | 0014| changes of speed limit in construction zones authorized pursuant to Section 66-7-303.1 | 0015| NMSA 1978." |