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

N.M. Stat. § 66-7-354 (2026)

Limitation on backing

✓ current as of May 2026
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The driver of a vehicle shall not back it:

A. unless the movement can be made with reasonable safety and without interfering with other traffic; or

B. upon any shoulder or roadway of any controlled-access highway, or upon the exit or entry road of any controlled-access highway.

History: 1941 Comp., § 68-2461, enacted by Laws 1953, ch. 139, § 114.5; 1953 Comp., § 64-18-54; Laws 1969, ch. 169, § 8; recompiled as 1953 Comp., § 64-7-354, by Laws 1978, ch. 35, § 458.

ANNOTATIONS

Cross references. — For the definition of "controlled-access highway", see 66-1-4.3 NMSA 1978.

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

Am. Jur. 2d, A.L.R. and C.J.S. references. — 7A Am. Jur. 2d Automobiles and Highway Traffic § 270.

Liability for injury occasioned by backing of motor vehicle in public street or highway, 63 A.L.R.2d 5.

Liability for injury occasioned by backing of motor vehicle from private premises into public street or highway, 63 A.L.R.2d 108.

Liability for injury or damage occasioned by backing of motor vehicle within private premises, 63 A.L.R.2d 184.

Negligence or contributory negligence of driver or occupant of motor vehicle parked or stopped on highway without flares, 67 A.L.R.2d 12. 60A C.J.S. Motor Vehicles § 302.

Notes of Decisions
Cited in 2 cases, 1982–2003 · leading case: State v. Cardenas, 64 P.3d 543 (N.M. Ct. App. 2003).
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State v. Cardenas, 64 P.3d 543 (N.M. Ct. App. 2003). · cites it 2× “Defendant pleaded guilty to aggravated driving while under the influence of intoxicating liquor (aggravated DWI) contrary to NMSA 1978, § 66-8-102(D)(1999), and improper backing of a vehicle contrary to NMSA 1978, § 66-7-354 (1978). Defendant expressly reserved the right to…”
Harrison v. ICX, Illinois-California Express, Inc., 647 P.2d 880 (N.M. Ct. App. 1982). “Hunt, should have been found negligent as a matter of law based on § 66-7-354, N.M.S.A.1978, and jury instruction No.”
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