New Mexico § 67-7-10 - Unlawful use of highways; penalties

§ 67-7-10. Unlawful use of highways; penalties

A. The public highways in the state are dedicated to reasonable use by the public. B. It is unlawful for any person to injure or damage any public highway, street, road

or any bridge, culvert, sign, signpost, other traffic control or safety device or

structure upon or used or constructed in connection with any public highway, street

or road for the protection thereof or for protection or regulation of traffic thereon

by any unusual, improper or unreasonable use thereof or by the careless driving or

use of any vehicle thereon or by willful mutilation, defacing or destruction thereof. C. It is considered unreasonable use of any highway, street, road, bridge or structure

to operate or conduct upon or over the same any vehicle, tractor, engine or load of

greater weight than that specified by the state, county or municipal authorities having

control of the highway, street, road, bridge or structure in a notice posted at or

near each end of the highway, street, road, bridge or structure. D. It is considered unreasonable use of any improved highway, street, road, bridge

or structure to operate, drive or haul thereon any truck, tractor or engine in such

manner or at times when the surface thereof is in a soft or plastic condition from

moisture so as to cause excessive ruts or excessive deterioration or displacement

of the surfacing thereof. E. It is unlawful to operate, haul or conduct over any public highway, street, road,

bridge or structure any vehicle, tractor, engine, truck, load, building or other object,

more than eight feet in width, except loads of hay, straw or other farm products,

without a permit from the state, county or municipal authority in control of such

highway, street, road, bridge or structure, which permit shall specify the manner

of operation thereof so as to prevent as far as possible inconvenience and danger

to the traveling public and damage to the surface. F. It is unlawful to maintain any fence across any public highway, street, road, bridge

or structure unless the owner or person in control of such fence constructs and maintains

in good condition a gate and a cattle guard passageway for motor vehicles in accordance

with the specifications of the authorities having control of such highway, street,

road, bridge or structure. No fence shall be maintained across any public highway, street, road, bridge or

structure without a written permit from the authorities having control of such highway,

street, road, bridge or structure. G. Any person violating any provision of this section is guilty of a misdemeanor and

upon conviction shall be punished by a fine of not less than twenty-five dollars ($25.00)

nor more than five hundred dollars ($500) or by imprisonment in the county jail not

less than five days nor more than thirty days or by both such fine and imprisonment. H. The owner and the operator of a vehicle, truck, tractor or engine that causes damage

to any public highway, street, road, bridge, culvert, sign, signpost, other traffic

control or safety device or structure in violation of any provision of this section

and Section 67-7-11 NMSA 1978 shall be jointly and severally liable to the state, county or municipality as the

case may be for the actual damage caused by the operation, conducting or hauling thereof

over any public highway, street, road, bridge, culvert, sign, signpost, other traffic

control or safety device or structure in violation of any provision of this section

and Section 67-7-11 NMSA 1978 , to be collected by suit or settlement brought in the name of the state, county or

municipality having control of such highway or street, road, bridge, culvert, sign,

signpost, other traffic control or safety device or structure; and such vehicle,

truck, tractor or engine may be attached and held to satisfy any judgment for damages. I. Damages and associated claims pursuant to this section may be: (1) settled at the discretion of the department on behalf of the state, or by the

county or municipality, whichever has control of the subject highway or street, road,

bridge, culvert, sign, signpost, other traffic control or safety device or structure,

with regard to identified damages, whether or not the damages have been reduced to

judgment; and may include a contract for collection of such damages due to the state,

county or municipality; or (2) collected by suit brought by the department in the name of the state, or by the

county or municipality, whichever has control of the subject highway or street, road,

bridge, culvert, sign, signpost, other traffic control or safety device or structure;

and such vehicle, truck, tractor or engine that caused the damage may be attached

and held to satisfy any judgment for such damages. J. The proceeds of any such settlement or judgment shall be paid to the treasurer

of the state or of such county or municipality and placed to the credit of a fund

for the construction and improvement of highways, streets, roads, bridges, traffic

control or safety devices or structures.