A. Except as otherwise provided in this section, it is a penalty assessment
misdemeanor for a person to drive or move or for the owner to cause or permit to be
driven or moved on any highway any vehicle or combination of vehicles that is in such
unsafe condition as to endanger any person or that does not contain those parts or is
not at all times equipped with such lamps and other equipment in proper condition and
adjustment as is required by Sections 66-3-801 through 66-3-887 NMSA 1978 or that is
equipped in any manner that is in violation of those sections or for any person to do any
act forbidden or fail to perform any act required under those sections.
B. Nothing contained in Sections 66-3-801 through 66-3-887 NMSA 1978 shall be
construed to prohibit the use of additional parts and accessories on any vehicle that are
not inconsistent with the provisions of those sections.
C. The provisions of Sections 66-3-801 through 66-3-887 NMSA 1978 with respect
to equipment on vehicles shall not apply to implements of husbandry, road machinery,
road rollers or farm tractors except as made applicable in those sections.
D. The provisions of Sections 66-3-801 through 66-3-887 NMSA 1978 apply to
vehicles subject to the provisions of the Motor Carrier Safety Act [65-3-1 to 65-3-14
NMSA 1978] only to the extent that the provisions of Sections 66-3-801 through 66-3-
887 NMSA 1978 do not conflict with the provisions of the Motor Carrier Safety Act and
regulations promulgated under that act.
History: 1953 Comp., § 64-3-801, enacted by Laws 1978, ch. 35, § 107; 1991, ch. 160,
§ 10; 2018, ch. 74, § 27.
ANNOTATIONS
Cross references. — For general definitions, see 66-1-4 to 66-1-4.20 NMSA 1978.
For prescribing safety standards for motorized bicycles, see 66-3-1101 NMSA 1978.
For penalty for misdemeanor, see 66-8-7 NMSA 1978.
For penalty assessments for misdemeanor, see 66-8-116 NMSA 1978.
The 2018 amendment, effective July 1, 2018, reduced the penalty for violations of the
provisions of Sections 66-3-801 through 66-3-887 NMSA 1978 to a penalty assessment
misdemeanor, except as otherwise provided in the section, and made technical
changes; and in Subsection A, after "it is a", added "penalty assessment".
The 1991 amendment, effective July 1, 1991, substituted "prohibited acts" for "scope
and effect of regulation" in the catchline; substituted "66-3-801 through 66-3-887 NMSA
1978" for "64-3-801 through 64-3-887 NMSA 1953" in Subsections A, B and C; added
"Except as otherwise provided in this section" at the beginning of Subsection A; added
Subsection D; and made minor stylistic changes throughout the section.
Unsafe vehicle may be stopped. — A motor vehicle with a cracked windshield may be
constitutionally stopped if in an unsafe condition, because of this section's prohibition on
driving a vehicle that is in an unsafe condition. State v. Munoz, 1998-NMCA-140, 125
N.M. 765, 965 P.2d 349.
Duty of maintaining brakes in proper condition is placed upon owner, and if the
brakes do not meet the standard set by the statute, and such failure is not excused, the
owner is guilty of negligence in permitting the automobile on the highway in such
condition. Ferran v. Jacquez, 1961-NMSC-072, 68 N.M. 367, 362 P.2d 519.
Presumption of knowledge. — Owner of vehicle is presumed to know of defective
condition of the vehicle. Ferran v. Jacquez, 1961-NMSC-072, 68 N.M. 367, 362 P.2d
519.
Proof of defective battery not proof of improper lighting. — Fact that truck was
equipped with a defective battery after an accident does not necessarily mean that the
proper lights were not burning on the truck or that the battery was defective prior to an
emergency stop. Where trial court made no finding whether the lights were burning or
not before or at the time of the accident, a conclusion that the truck was improperly
lighted would not flow from the findings as made. Terrel v. Lowdermilk, 1964-NMSC-
073, 74 N.M. 135, 391 P.2d 419.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 7A Am. Jur. 2d Automobiles and
Highway Traffic §§ 185 to 195, 779 to 791.
60 C.J.S. Motor Vehicles § 26; 60A C.J.S. Motor Vehicles § 260.
Validity of routine roadblock by state or local policy for purposes of discovery of driver’s
license, registration, and safety violations. 116 A.L.R.5th 479.
Authority of public official, whose duties or functions generally do not entail traffic stops,
to effectuate traffic stop of vehicle. 18 A.L.R.6th 519.
Notes of Decisions
Cited in
17
cases (
1 in the last 5 years), 1995–2021 · leading case:
State v. Farish, 410 P.3d 239 (N.M. Ct. App. 2017).
State v. Farish, 410 P.3d 239 (N.M. Ct. App. 2017).
· cites it 119× “is not at all times 17 equipped with such lamps and other equipment in proper condition and adjustment 18 as is required by [NMSA 1978, §§ 66-3-801 to -887 (1978, as amended through 19 2017)],” or Section 66-3-805(A) (setting forth specific requirements for tail lamps), 2 1 and…”
State v. Farish, 2021 NMSC 030 (N.M. 2021).
· cites it 41× “{2} Instead, we hold that tail lamps do not violate Section 66-3-901 when the tail lamps comply with the specific statutory equipment requirements set out in NMSA 1978, Sections 66-3-801 to -888 2 (1953, as amended through 2019).”
State v. Farish, 2018 NMCA 3 (N.M. Ct. App. 2017).
· cites it 65× “is not at all times equipped with such lamps and other equipment in proper condition and adjustment as is required by [NMSA 1978, §§ 66-3-801 to -887 (1978, as amended through 2017)],” or Section 66-3-805(A) (setting forth specific requirements for tail lamps), and that there…”
State v. Munoz, 965 P.2d 349 (N.M. Ct. App. 1998).
· cites it 14× “is a misdemeanor for any person to drive or move or for the owner to cause or permit to be driven or moved on any highway any vehicle or combination of vehicles which is in such unsafe condition as to endanger any person or which does not contain those parts or is not at all…”
State v. Lizzol, 2007 NMSC 024 (N.M. 2007).
· cites it 2× “As a result of the BAT, Officer Tixier booked Lizzol and filed a criminal complaint in the Bernalillo County Metropolitan Court charging Lizzol with driving under the influence of intoxicating liquor (DUI), see NMSA 1978, § 66-8-102 (2003, prior to amendments through 2005), and…”
State v. Jacquez, 222 P.3d 685 (N.M. Ct. App. 2009).
· cites it 2× “Although Defendant argues that the cracked windshield did not justify the stop, Deputy Barde testified that the crack in Defendant’s windshield only caused him to turn around “to see if [he] saw any other violations.” Deputy Barde testified that he initiated the traffic stop…”
State v. Morrison, 976 P.2d 1015 (N.M. Ct. App. 1999).
· cites it 4× “Defendant was also convicted of operating a motor vehicle without complying with the financial responsibility statute, NMSA 1978, § 66-5-205 (1991), and operating a motor vehicle without proper equipment, contrary to NMSA 1978, § 66-3-801 (1991). These convictions are not…”
United States v. Alvarez-Becerra, 33 F. App'x 403 (10th Cir. 2002).
· cites it 4× “1998) (discussing N.M. Stat. Ann. § 66-3-801 which makes it a misdemeanor to violate N.”
Mott v. Sun Country Garden Prods., Inc., 901 P.2d 192 (N.M. Ct. App. 1995).
· cites it 2× “Defendant maintains that it introduced evidence that Michael was towing a twelve-foot trailer with a 3,000-pound load without trailer brakes or load levelers, and that this evidence was sufficient to prove a violation of NMSA 1978, Section 66-3-801 (Repl.Pamp.1989). That section…”
Brieno v. Paccar, Inc. (D.N.M. 2020).
· cites it 4× “Officer Chavez issued a citation to Simpson for unsafe equipment in violation of NMSA § 66-3-801 based on the trailer detachment.”
State v. Granados (N.M. Ct. App. 2010).
· cites it 6× “In addition, we held 13 that if a cracked windshield constitutes a hazard, the driver of that vehicle creates a 14 danger to the public, and is in violation of Section 66-3-801. Id. A citation that refers 15 to the wrong statute can be ignored if what the officer observed…”
State v. Gunderson (N.M. Ct. App. 2017).
· cites it 3× “as is required by Sections 66-3-801 through 66-3-887[.]” Vehicles must 4 display lighted lamps and illuminating devices as required “at any time from a half- 5 hour after sunset to a half-hour before sunrise,” or “when there is not sufficient light 6 to render clearly…”
N.M. Stat. § 66-3-801(A): 10 cases
State v. Farish, 410 P.3d 239 (N.M. Ct. App. 2017).
“is not at all times 17 equipped with such lamps and other equipment in proper condition and adjustment 18 as is required by [NMSA 1978, §§ 66-3-801 to -887 (1978, as amended through 19 2017)],” or Section 66-3-805(A) (setting forth specific requirements for tail lamps), 2 1 and…”
State v. Farish, 2018 NMCA 3 (N.M. Ct. App. 2017).
“is not at all times equipped with such lamps and other equipment in proper condition and adjustment as is required by [NMSA 1978, §§ 66-3-801 to -887 (1978, as amended through 2017)],” or Section 66-3-805(A) (setting forth specific requirements for tail lamps), and that there…”
State v. Farish, 2021 NMSC 030 (N.M. 2021).
“{2} Instead, we hold that tail lamps do not violate Section 66-3-901 when the tail lamps comply with the specific statutory equipment requirements set out in NMSA 1978, Sections 66-3-801 to -888 2 (1953, as amended through 2019).”
State v. Munoz, 965 P.2d 349 (N.M. Ct. App. 1998).
“is a misdemeanor for any person to drive or move or for the owner to cause or permit to be driven or moved on any highway any vehicle or combination of vehicles which is in such unsafe condition as to endanger any person or which does not contain those parts or is not at all…”
State v. Jacquez, 222 P.3d 685 (N.M. Ct. App. 2009).
“Although Defendant argues that the cracked windshield did not justify the stop, Deputy Barde testified that the crack in Defendant’s windshield only caused him to turn around “to see if [he] saw any other violations.” Deputy Barde testified that he initiated the traffic stop…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.