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

N.M. Stat. § 66-7-2 (2026)

Reference to vehicles upon the highways; exceptions

✓ current as of May 2026
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A. The provisions of Chapter 66, Article 7 NMSA 1978 relating to the operation of vehicles refer exclusively to the operation of vehicles upon highways, except where a different place is specifically referred to in a given section.

B. The provisions of Sections 66-7-201 through 66-7-215, 66-7-352.5, 66-8-102 and 66-8-113 NMSA 1978 apply upon highways and elsewhere throughout the state.

History: 1953 Comp., § 64-7-2, enacted by Laws 1978, ch. 35, § 372; 2001, ch. 124, § 1.

ANNOTATIONS

The 2001 amendment, effective June 15, 2001, inserted "66-7-352.5" in Subsection B and updated the internal references throughout the section.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 7A Am. Jur. 2d Automobiles and Highway Traffic §§ 1, 2, 11, 204 to 206, 266.

60 C.J.S. Motor Vehicles §§ 1 to 8, 16, 20.

Notes of Decisions
Cited in 7 cases, 1986–2010 · leading case: State v. Johnson, 15 P.3d 1233 (N.M. 2000).
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State v. Johnson, 15 P.3d 1233 (N.M. 2000). · cites it 60× “{6} The issue presented herein necessitates the interpretation of Section 66-8-102, NMSA 1978, § 66-7-2 (1978), and NMSA 1978, § 66-1-4.”
Herrera Ex Rel. Est. of Ruiz v. Quality Pontiac, 73 P.3d 181 (N.M. 2003). · cites it 4× “Further, the Legislature has explicitly limited application of this provision to the "operation of vehicles upon highways," NMSA 1978, § 66-7-2 (2001), and the thief stole the vehicle at issue in the present case from a fenced lot, not a highway.”
Boone v. State, 731 P.2d 366 (N.M. 1986). · cites it 4× “NOTES [1] We note that the language in Subsection 66-1-4(B)(18) generally limiting the definition of drivers to persons "upon a highway" does not apply to the offense of DWI. At the time it enacted that definition the Legislature expressly and specifically provided that Section…”
State v. Brennan, 970 P.2d 161 (N.M. Ct. App. 1998). · cites it 4× “” Section 66-7-2(A). Nothing in the Motor Vehicle Code indicates that the careless driving statute applies anywhere but on the highways.”
State v. Wenger, 985 P.2d 1205 (N.M. Ct. App. 1999). · cites it 5× “The related statutes that are of concern here are NMSA 1978, § 66-7-2(B) (1978): The provisions of Section[ ] .”
City of Las Cruces v. Rogers, 215 P.3d 728 (N.M. 2009). · cites it 4× “Section 66-7-2(A) provides, however, that “[t]he provisions of Chapter 66, Article 7 NMSA 1978 relating to the operation of vehicles refer exclusively to the operation of vehicles upon highways, except where a different place is specifically referred to in a given section.”
State v. Ramirez (N.M. Ct. App. 2010). · cites it 2× “” NMSA 1978, 12 § 66-7-2(A) (2001). Immediately following that language, Section 66-7-352.”
— N.M. Stat. § 66-7-2(A) — 4 cases
State v. Johnson, 15 P.3d 1233 (N.M. 2000). “{6} The issue presented herein necessitates the interpretation of Section 66-8-102, NMSA 1978, § 66-7-2 (1978), and NMSA 1978, § 66-1-4.”
State v. Brennan, 970 P.2d 161 (N.M. Ct. App. 1998). “” Section 66-7-2(A). Nothing in the Motor Vehicle Code indicates that the careless driving statute applies anywhere but on the highways.”
City of Las Cruces v. Rogers, 215 P.3d 728 (N.M. 2009). “Section 66-7-2(A) provides, however, that “[t]he provisions of Chapter 66, Article 7 NMSA 1978 relating to the operation of vehicles refer exclusively to the operation of vehicles upon highways, except where a different place is specifically referred to in a given section.”
State v. Ramirez (N.M. Ct. App. 2010). “” NMSA 1978, 12 § 66-7-2(A) (2001). Immediately following that language, Section 66-7-352.”
— N.M. Stat. § 66-7-2(B) — 4 cases
State v. Johnson, 15 P.3d 1233 (N.M. 2000). “{6} The issue presented herein necessitates the interpretation of Section 66-8-102, NMSA 1978, § 66-7-2 (1978), and NMSA 1978, § 66-1-4.”
State v. Wenger, 985 P.2d 1205 (N.M. Ct. App. 1999). “The related statutes that are of concern here are NMSA 1978, § 66-7-2(B) (1978): The provisions of Section[ ] .”
State v. Brennan, 970 P.2d 161 (N.M. Ct. App. 1998). “” Section 66-7-2(A). Nothing in the Motor Vehicle Code indicates that the careless driving statute applies anywhere but on the highways.”
State v. Ramirez (N.M. Ct. App. 2010). “” NMSA 1978, 12 § 66-7-2(A) (2001). Immediately following that language, Section 66-7-352.”
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