New Mexico § 66-7-11 - New Mexico state police power to close certain highways in emergencies

§ 66-7-11. New Mexico state police power to close certain highways in emergencies

Notwithstanding any rule or agreement of the department of transportation, the New

Mexico state police, in cases of emergency where the condition of a state, United

States or interstate highway presents a substantial danger to vehicular travel by

reason of storm, fire, accident, spillage of hazardous materials or other unusual

or dangerous conditions, may temporarily close such highway to vehicular travel;

provided that the state police shall use all means necessary to reroute traffic around

the accident or incident scene using lanes, shoulders, frontage roads or alternative

routes that may be available and physically unaffected by the accident or incident. The department of transportation shall be notified of the highway closure as soon

as practicable and assist the state police with traffic control. During the course of any investigation where evidence is present in the travel portion

of the roadway, such evidence shall be documented and collected first so that the

roadway can be cleared and traffic can be routed through the scene. Any other law enforcement agency that may be investigating an accident or incident

where the investigating agency believes closure of the highway is necessary shall

contact the state police immediately. The state police shall evaluate the emergency situation and determine if the closure

is necessary and, with the assistance of the investigating agency, shall reroute traffic

around the accident or incident scene. The state police shall make the final determination regarding the length of time

it is necessary to have the highway closed and other law enforcement agencies shall

adhere to the directions of the state police.