SENATE BILL 720
47th legislature - STATE OF NEW MEXICO - second session, 2006
INTRODUCED BY
Michael S. Sanchez
AN ACT
RELATING TO MOTOR VEHICLES; REDUCING THE MAXIMUM SPEED LIMIT TO SIXTY-FIVE MILES PER HOUR; DEFINING "SAFETY CORRIDOR" FOR THE PURPOSE OF DOUBLE FINES FOR EXCEEDING THE POSTED SPEED LIMIT.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. Section 66-7-301 NMSA 1978 (being Laws 1978, Chapter 35, Section 405, as amended) is amended to read:
"66-7-301. SPEED REGULATION.--
A. No person shall drive a vehicle on a highway at a speed greater than:
(1) fifteen miles per hour [on all highways] when passing a school while children are going to or leaving school and when the school zone is properly posted;
(2) thirty miles per hour in a business or residence district;
(3) [seventy-five] sixty-five miles per hour; and
(4) the posted speed limit in construction zones or in safety corridors posted as double fine zones [or other safety zones posted as double fine zones] as designated by the [highway and transportation] department of transportation, provided that the posted speed limit shall be determined by an engineering study performed by the [state highway and transportation] department of transportation. As used in this paragraph, "safety corridor" means a highway segment with a five-year history of ten or more fatal or serious injury crashes. Double fines in a safety corridor shall not be imposed or enforced until conspicuous notice of the safety corridor designation has been given within the safety corridor for at least the ten-day period immediately preceding the start of enforcement.
B. In every event, speed shall be so controlled by the driver as may be necessary:
(1) to avoid colliding with a person, vehicle or other conveyance on or entering the highway; and
(2) to comply with legal requirements as may be established by the [state highway and transportation] department of transportation or the New Mexico state police division of the department of public safety and the duty of all persons to use due care [and
(3) to protect workers in construction zones posted as double fine zones or other safety zones posted as double fine zones as designated by the highway and transportation department].
C. The speed limits set forth in Subsection A of this section may be altered as authorized in Section 66-7-303 NMSA 1978."
Section 2. Section 66-7-302.1 NMSA 1978 (being Laws 1989, Chapter 318, Section 30 and Laws 1989, Chapter 319, Section 8, as amended) is amended to read:
"66-7-302.1. SPEED LIMIT--CONVICTION--USE LIMITED.--
A. The division shall not use a violation under Paragraph (3) or (4) of Subsection A of Section 66-7-301 NMSA 1978 for the purpose of suspending or revoking a driver's license unless the driver was exceeding the speed of [seventy-five miles an] sixty-five miles per hour.
B. An insurer shall not consider a violation under Paragraph (3) or (4) of Subsection A of Section 66-7-301 NMSA 1978 as a moving traffic violation against a person, unless the person was exceeding the speed of [seventy-five miles an] sixty-five miles per hour, for the purpose of establishing rates of motor vehicle insurance charged by the insurer, nor shall the insurer cancel or refuse to renew [any] a policy of insurance for such a violation."
Section 3. Section 66-7-303 NMSA 1978 (being Laws 1957, Chapter 73, Section 2, as amended) is amended to read:
"66-7-303. ESTABLISHMENT OF SPEED ZONES.--
A. Whenever the secretary of [highway and] transportation determines upon the basis of an engineering survey and traffic investigation, a detailed report of which is filed with the traffic safety bureau of the [state highway and transportation] department of transportation, that [any] a speed established by law is greater or less than is reasonable or safe under the conditions found to exist upon any part of a state highway, the secretary of [highway and] transportation may declare the speed limit for that part, and that speed limit shall be [authorized and] effective when appropriate signs giving notice [thereof] of that speed limit are erected at that particular part of the highway; provided that no speed limit shall be declared greater than [seventy-five] sixty-five miles per hour. The declaration of speed limits by the secretary of [highway and] transportation shall not be considered rules for purposes of the State Rules Act.
B. Whenever a local authority determines upon the basis of an engineering survey and traffic investigation that [any] a speed limit permitted under state law or local ordinance is greater or less than is reasonable or safe under the conditions found to exist upon any part of a highway within its jurisdiction, it may declare a speed limit for that part, and that speed limit shall be [authorized and] effective when appropriate signs giving notice [thereof] of that speed limit are erected at that particular part of the highway; provided that no speed limit shall be declared greater than [seventy-five] sixty-five miles per hour.
C. Engineering surveys and traffic investigations made by local authorities shall be on a form approved by the secretary of [highway and] transportation. If engineers are not available to the local authorities, the [state highway and transportation] department of transportation may make the surveys and investigations for the local authorities.
D. Speed zones may be marked by a sign containing a flashing yellow light and, when the light is in operation, the speed limit, instructions or regulations on the sign are in effect.
E. Alteration of speed limits on state highways by local authorities is not effective until approved by the secretary of [highway and] transportation.
F. The provisions of Subsections A and B of this section shall not apply to changes of speed limit in construction zones authorized pursuant to Section 66-7-303.1 NMSA 1978."
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