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New Mexico Statutes Chapter 66. Motor Vehicles § 66-7-363. Animals on highway; highway fencing

Current as of May 06, 2021 | Updated by FindLaw Staff

A. It is unlawful for any person, during the hours of darkness, to ride a horse or other animal upon the traveled portion of any highway that is normally used by motor vehicles.

B. It is unlawful for any person negligently to permit livestock to wander or graze upon any fenced highway at any time or, during the hours of darkness, to drive livestock along or upon any highway that is normally used by motor vehicles.

C. Owners of livestock ranging in pastures through which unfenced roads or highways pass shall not be liable for damages by reason of injury or damage to persons or property occasioned by collisions of vehicles using the roads and highways and livestock ranging in the pastures unless the owner of the livestock is guilty of negligence other than allowing livestock to range in the pasture.

D. As the department of transportation's annual budget permits, the department of transportation shall:

(1) construct, inspect regularly and maintain fences along all highways under its jurisdiction and provide cattle underpasses, water pipelines and cattle guards as the department of transportation may deem necessary, unless it makes a fact determination that no livestock can enter the highway from a portion left unfenced; and

(2) post proper signs along all highways under its jurisdiction that are not fenced on both sides and that are located adjacent to property containing livestock. The signs shall be located at intervals of not more than two miles along such unfenced highways; provided that sign intervals and postings shall be consistent with the department of transportation's specifications for a uniform system of traffic-control devices, subject to traffic safety engineering discretion, and shall warn motorists that loose livestock may be encountered and that caution should be used.

E. A person who violates the provisions of Subsection A or B of this section is guilty of a penalty assessment misdemeanor.

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Cite this article: FindLaw.com - New Mexico Statutes Chapter 66. Motor Vehicles § 66-7-363. Animals on highway; highway fencing - last updated May 06, 2021 | https://codes.findlaw.com/nm/chapter-66-motor-vehicles/nm-st-sect-66-7-363/

Read this complete New Mexico Statutes Chapter 66. Motor Vehicles § 66-7-363. Animals on highway; highway fencing on Westlaw

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