0001| SENATE BILL 151 | 0002| 43RD LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION, 1998 | 0003| INTRODUCED BY | 0004| PHILLIP J. MALOOF | 0005| | 0006| | 0007| | 0008| | 0009| | 0010| AN ACT | 0011| RELATING TO MOTOR VEHICLES; AMENDING THE MOTOR VEHICLE CODE TO | 0012| REDUCE THE MAXIMUM SPEED LIMIT TO SEVENTY MILES PER HOUR. | 0013| | 0014| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0015| Section 1. Section 66-7-301 NMSA 1978 (being Laws 1978, | 0016| Chapter 35, Section 405, as amended) is amended to read: | 0017| "66-7-301. SPEED REGULATION.-- | 0018| A. No person shall drive a vehicle on a highway at | 0019| a speed greater than: | 0020| (1) fifteen miles per hour on all highways | 0021| when passing a school while children are going to or leaving | 0022| school and when the school zone is properly posted; | 0023| (2) thirty miles per hour in any business or | 0024| residence district; | 0025| (3) ~~[seventy-five]~~ seventy miles per | - 1 - 0001| hour; and | 0002| (4) the posted speed limit in construction | 0003| zones, provided that the posted speed limit shall be | 0004| determined by an engineering study performed by the state | 0005| highway and transportation department. | 0006| B. In every event, speed shall be so controlled by | 0007| the driver as may be necessary: | 0008| (1) to avoid colliding with any person, | 0009| vehicle or other conveyance on or entering the highway; | 0010| (2) to comply with legal requirements as may | 0011| be established by the state highway and transportation | 0012| department or the New Mexico state police division of the | 0013| department of public safety and the duty of all persons to use | 0014| due care; and | 0015| (3) to protect workers in a construction | 0016| zone. | 0017| C. The speed limits set forth in Subsection A of | 0018| this section may be altered as authorized in Section 66-7-303 | 0019| NMSA 1978." | 0020| Section 2. Section 66-7-302.1 NMSA 1978 (being Laws | 0021| 1989, Chapter 318, Section 30 and also Laws 1989, Chapter 319, | 0022| Section 8, as amended) is amended to read: | 0023| "66-7-302.1. SPEED LIMIT--CONVICTION--USE LIMITED.-- | 0024| A. The division shall not use a violation under | 0025| Paragraph (3) or (4) of Subsection A of Section 66-7-301 NMSA | - 2 - 0001| 1978 for the purpose of suspending or revoking a driver's | 0002| license unless the driver was exceeding the speed of | 0003| ~~[seventy-five]~~ seventy miles an hour. | 0004| B. An insurer shall not consider a violation under | 0005| Paragraph (3) or (4) of Subsection A of Section 66-7-301 NMSA | 0006| 1978 as a moving traffic violation against a person, unless | 0007| the person was exceeding the speed of ~~[seventy-five]~~ | 0008| seventy miles an hour, for the purpose of establishing rates | 0009| of motor vehicle insurance charged by the insurer nor shall | 0010| the insurer cancel or refuse to renew any policy of insurance | 0011| for such a violation." | 0012| Section 3. Section 66-7-303 NMSA 1978 (being Laws 1957, | 0013| Chapter 73, Section 2, as amended) is amended to read: | 0014| "66-7-303. ESTABLISHMENT OF SPEED ZONES.-- | 0015| A. Whenever the secretary of highway and | 0016| transportation determines upon the basis of an engineering | 0017| survey and traffic investigation, a detailed report of which | 0018| is filed with the traffic safety bureau of the state highway | 0019| and transportation department, that any speed established by | 0020| law is greater or less than is reasonable or safe under the | 0021| conditions found to exist upon any part of a state highway, | 0022| the secretary of highway and transportation may declare the | 0023| speed limit for that part, and that speed limit shall be | 0024| authorized and effective when appropriate signs giving notice | 0025| thereof are erected at that particular part of the highway; | - 3 - 0001| provided that no speed limit shall be declared greater than | 0002| ~~[seventy-five]~~ seventy miles per hour. The declaration of | 0003| speed limits by the secretary of highway and transportation | 0004| shall not be considered rules for purposes of the State Rules | 0005| Act. | 0006| B. Whenever a local authority determines upon the | 0007| basis of an engineering survey and traffic investigation that | 0008| any speed limit permitted under state law or local ordinance | 0009| is greater or less than is reasonable or safe under the | 0010| conditions found to exist upon any part of a highway within | 0011| its jurisdiction, it may declare a speed limit for that part, | 0012| and that speed limit shall be authorized and effective when | 0013| appropriate signs giving notice thereof are erected at that | 0014| particular part of the highway; provided that no speed limit | 0015| shall be declared greater than ~~[seventy-five]~~ seventy | 0016| miles per hour. | 0017| C. Engineering surveys and traffic investigations | 0018| made by local authorities shall be on a form approved by the | 0019| secretary of highway and transportation. If engineers are not | 0020| available to the local authorities, the state highway and | 0021| transportation department may make the surveys and | 0022| investigations for the local authorities. | 0023| D. Speed zones may be marked by a sign containing | 0024| a flashing yellow light and, when the light is in operation, | 0025| the speed limit, instructions or regulations on the sign are | - 4 - 0001| in effect. | 0002| E. Alteration of speed limits on state highways by | 0003| local authorities is not effective until approved by the | 0004| secretary of highway and transportation. | 0005| F. The provisions of Subsections A and B of this | 0006| section shall not apply to changes of speed limit in | 0007| construction zones authorized pursuant to Section 66-7-303.1 | 0008| NMSA 1978." | 0009| |