N.M. Stat. » Chapter 66 — Motor Vehicles
New Mexico Statutes

N.M. Stat. § 66-7-102 (2026)

State transportation commission to sign all state

✓ current as of May 2026
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highways. A. The state transportation commission shall place and maintain such traffic-control devices, conforming to its manual and specifications, upon all state highways as it deems necessary to indicate and to carry out the provisions of Chapter 66, Article 7 NMSA 1978 or to regulate, warn or guide traffic.

B. No local authority shall place or maintain any traffic-control device upon any highway under the jurisdiction of the state transportation commission except by permission of the commission.

History: 1953 Comp., § 64-7-102, enacted by Laws 1978, ch. 35, § 382; 2003, ch. 142, § 12.

ANNOTATIONS

Cross references. — For provisions preventing local authorities from enacting conflicting ordinances, see 66-7-8 NMSA 1978.

For powers of local authorities with respect to streets and highways, see 66-7-9 NMSA 1978.

The 2003 amendment, effective July 1, 2003, substituted "transportation commission" for "highway commission" in the section heading and the section; and substituted "provisions of Chapter 66, Article 7 NMSA 1978" for "provisions of Article 7 of Chapter 64 NMSA 1953."

Liability for failure to post signs. — In an action claiming that negligence of the highway and transportation department (now department of transportation) in failing to post proper traffic signs resulted in an accident, the question whether signs were necessary to fulfill the department's duty to reasonably regulate, warn or guide traffic was a question of fact for the jury. Pollock v. State Hwy. & Transp. Dep't, 1999-NMCA- 083, 127 N.M. 521, 984 P.2d 768, cert. denied, 127 N.M. 389, 981 P.2d 1207.

Am. Jur. 2d, A.L.R. and C.J.S. references. — Motorist's liability for collision at intersection of ordinary and arterial highways as affected by absence, displacement, or malfunctioning of stop sign or other traffic signal, 74 A.L.R.2d 242.

Liability of highway authorities arising out of motor vehicle accident allegedly caused by failure to erect or properly maintain traffic control device at intersection, 34 A.L.R.3d 1008.

Highways: governmental duty to provide curve warnings or markings, 57 A.L.R.4th 342.

Governmental liability for failure to post highway deer crossing warning signs, 59 A.L.R.4th 1217.

Notes of Decisions
Cited in 5 cases, 1980–2011 · leading case: Pollock v. State High. & Transp. Dep't, 984 P.2d 768 (N.M. Ct. App. 1999).
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Pollock v. State High. & Transp. Dep't, 984 P.2d 768 (N.M. Ct. App. 1999). · cites it 12× “, concurring) (maintaining that the state has a statutory duty under Section 66-7-102 to “reasonably regulate the flow of traffic for the protection of users of the intersection”); see generally Diane M.”
Largo v. Atchison, Topeka & Santa Fe Ry. Co., 2002 NMCA 021 (N.M. Ct. App. 2001). · cites it 2× “See NMSA 1978, §§ 66-7-102, -103, -108, -109, and -342 (1978).”
Largo v. Atchison, Topeka & Santa Fe Ry., 41 P.3d 347 (N.M. Ct. App. 2001). · cites it 2× “See NMSA 1978, §§ 66-7-102, -103, -108, -109, and -342 (1978).”
Rickerson v. State of Nm & City of Roswell, 612 P.2d 703 (N.M. Ct. App. 1980). · cites it 2× “" In other words the duty of defendants was to place such traffic control devices at the Sunset-McGaffey intersection which they thought were necessary to regulate traffic.”
Martinez v. New Mexico Dept. of Transp., 258 P.3d 483 (N.M. Ct. App. 2011). · cites it 2× “" Plaintiffs contend that DOT's duty to maintain New Mexico's highways entailed a responsibility to place a concrete barrier, also known as a "Jersey" barrier, between eastbound and westbound traffic on NM 502 pursuant to a statutory duty under NMSA 1978, Section 66-7-102(A)…”
N.M. Stat. § 66-7-102(A): 2 cases
Pollock v. State High. & Transp. Dep't, 984 P.2d 768 (N.M. Ct. App. 1999). “, concurring) (maintaining that the state has a statutory duty under Section 66-7-102 to “reasonably regulate the flow of traffic for the protection of users of the intersection”); see generally Diane M.”
Martinez v. New Mexico Dept. of Transp., 258 P.3d 483 (N.M. Ct. App. 2011). “" Plaintiffs contend that DOT's duty to maintain New Mexico's highways entailed a responsibility to place a concrete barrier, also known as a "Jersey" barrier, between eastbound and westbound traffic on NM 502 pursuant to a statutory duty under NMSA 1978, Section 66-7-102(A)…”
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