New Mexico Statutes

N.M. Stat. § 66-7-333 (2026)

Pedestrians subject to traffic regulations

✓ current as of May 2026
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A. Pedestrians shall be subject to traffic-control signals at intersections as provided in Section 66-7-105 NMSA 1978 unless required by local ordinance to comply strictly with such signals, but at all other places pedestrians shall be accorded the privileges and shall be subject to the restrictions stated in Sections 66-7-333 through 66-7-340 NMSA 1978.

B. Local authorities are hereby empowered by ordinance to require that pedestrians shall srictly [strictly] comply with the directions of any official traffic-control signal and may by ordinance prohibit pedestrians from crossing any roadway in a business district or any designated highways except in a crosswalk.

History: 1953 Comp., § 64-7-333, enacted by Laws 1978, ch. 35, § 437.

ANNOTATIONS

Cross references. — For the definitions of "crosswalk" and "traffic-control signal", see 66-1-4.3 NMSA 1978 and 66-1-4.17 NMSA 1978, respectively.

For the penalty assessment for violation, see 66-8-116 NMSA 1978.

For duty of driver to take precautions when approaching blind person, see 28-7-4 NMSA 1978.

Bracketed material. — The bracketed material was inserted by the compiler and is not a part of the law.

Crossing street outside of crosswalk at least technical violation. — Where plaintiff had attempted to cross a city street at a point other than a regular pedestrian crosswalk, plaintiff was in at least technical violation of the right-of-way provisions of the state statutes and of the city ordinances. Sanchez v. Gomez, 1953-NMSC-053, 57 N.M. 383, 259 P.2d 346. Am. Jur. 2d, A.L.R. and C.J.S. references. — 7A Am. Jur. 2d Automobiles and Highway Traffic §§ 245 to 247, 286.

Collision with pedestrian due to swaying or swinging of motor vehicle or trailer, 1 A.L.R.2d 167.

Injury by vehicle to construction or maintenance worker in street or highway, 5 A.L.R.2d 757.

Liability for injury or damage growing out of pulling out of parked motor vehicle, 29 A.L.R.2d 107.

Liability for injury incident to towing automobile, 30 A.L.R.2d 1019.

Liability for collision of automobile with pedestrian at intersection as affected by reliance upon or disregard of stop-and-go signal, 2 A.L.R.3d 155.

Liability for collision of automobile with pedestrian at intersection as affected by reliance upon or disregard of traffic signal or sign other than stop-and-go signal, 3 A.L.R.3d 557.

Failure to comply with statute regulating travel by pedestrian along highway as affecting right to recovery, 45 A.L.R.3d 658.

Modern trends as to contributory negligence of children, 32 A.L.R.4th 56.

Who is "pedestrian" entitled to rights and subject to duties provided by traffic regulations or judicially stated, 35 A.L.R.4th 1117.

61 C.J.S. Motor Vehicles § 470(1).

Notes of Decisions
Cited in 3 cases (3 in the last 5 years), 2022–2025 · leading case: State v. Penman, 521 P.3d 96 (N.M. Ct. App. 2022).
State v. Penman, 521 P.3d 96 (N.M. Ct. App. 2022). · cites it 2× “, NMSA 1978, § 66-7-333(A) (1978) (stating that “[p]edestrians shall be subject to traffic-control signals at intersections” and “at all other places pedestrians shall be accorded the privileges and shall be subject to the restrictions stated in [Sections] 66-7-333 [to] .”
State v. Penman (N.M. Ct. App. 2022). · cites it 2× “, NMSA 1978, § 66-7-333(A) (1978) 18 (stating that “[p]edestrians shall be subject to traffic-control signals at intersections” 19 and “at all other places pedestrians shall be accorded the privileges and shall be 20 subject to the restrictions stated in [Sections] 66-7-333 [to]…”
State v. Billey (N.M. Ct. App. 2025). “For example, the Code accounts for the 11 reality that vehicles drive on sidewalks to cross them, see § 66-7-346, and that 12 pedestrians cross streets and highways, see §§ 66-7-333, -334(A)-(B), -335. The 13 Code also recognizes that when no sidewalk is provided, pedestrians…”
N.M. Stat. § 66-7-333(A): 2 cases
State v. Penman, 521 P.3d 96 (N.M. Ct. App. 2022). “, NMSA 1978, § 66-7-333(A) (1978) (stating that “[p]edestrians shall be subject to traffic-control signals at intersections” and “at all other places pedestrians shall be accorded the privileges and shall be subject to the restrictions stated in [Sections] 66-7-333 [to] .”
State v. Penman (N.M. Ct. App. 2022). “, NMSA 1978, § 66-7-333(A) (1978) 18 (stating that “[p]edestrians shall be subject to traffic-control signals at intersections” 19 and “at all other places pedestrians shall be accorded the privileges and shall be 20 subject to the restrictions stated in [Sections] 66-7-333 [to]…”
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