SB 325 — DEPT. OF TRANS COLLECTION OF DAMAGES

SENATEAN BILLACT 325RELATING 55THTO LEGISLATURETRANSPORTATION; -STATEOFNEWMEXICO- FIRST SESSION, 2021 INTRODUCED BY Benny Shendo, Jr.

6 8 10 AN ACT RELATING TO TRANSPORTATION;

156 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

Section 67-7-10 NMSA 1978 (being Laws 1921, e t 17 Chapter 94, Section 10) is amended to read:

w l n d 18 "67-7-10.

UNLAWFUL USE OF HIGHWAYS--PENALTIES.-- = = 19 a l A.

The public highways in the state are dedicated i a e r 20 to [the] reasonable use [thereof] by the public.

a t m m 21 B.

It [shall be] is unlawful for any person to d r e 22 injure or damage any public highway, [or] street, road or any c e s k 23 bridge, culvert, sign, signpost, other traffic control or e a n b 24 safety device or structure upon or used or constructed in u [ connection with any public highway, [or] street or road for the .218696.5SA protection thereof or for protection or regulation of traffic thereon by any unusual, improper or unreasonable use thereof or by the careless driving or use of any vehicle thereon or by [wilful] willful mutilation, defacing or destruction thereof.

It [shall be] is considered unreasonable use of any highway, street, road, bridge or structure to operate or conduct upon or over the same any vehicle, tractor, engine or load of greater weight than that specified by the state, county or municipal authorities having control of [such] the SB 325 Page 1 highway, street, road, bridge or structure in a notice posted at or near each end of [such] the highway, street, road, bridge or structure.

It [shall be] is considered unreasonable use of any improved highway, [or] street, road, bridge or structure to operate, drive or haul thereon any truck, tractor or engine in such manner or at times when the surface thereof is in a soft e t 17 or plastic condition from moisture so as to cause excessive w l n d 18 ruts or excessive deterioration or displacement of the = = 19 a l surfacing thereof.

i a e r 20 E.

It [shall be] is unlawful to operate, haul or a t m m 21 conduct over any public highway, [or] street, road, bridge or d r e 22 structure any vehicle, tractor, engine, truck, load, building c e s k 23 or other object, more than eight feet in width, except loads of e a n b 24 hay, straw or other farm products, without a permit from the u [ state, county or municipal authority in control of such .218696.5SA - 2 - highway, [or] street, road, bridge or structure, which permit shall specify the manner of operation thereof so as [not] to prevent as far as possible inconvenience and danger to the traveling public and damage to the surface.

It [shall be] is unlawful to maintain any fence across any public [road] highway, street, road, bridge or structure unless the owner or person in control of such fence [shall construct] constructs and [maintain] maintains in good condition a gate and a cattle guard passageway for motor vehicles in accordance with the SB 325 Page 2 specifications of the authorities having control of such [road.highway, street, road, bridge or structure.

And]No fence shall be maintained across any public highway, street, road, bridge or structure without a written permit from the authorities having control of such highway, street, road, bridge or structure.

NoG. fence shall be maintained across any public [road] highway, street, road, bridge or structure without a written permit from the authorities having control of such [road] highway, street, road, bridge or structure.

eAny tperson 17violating G.any provision of this section is guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than twenty-five dollars ($25.00) nor more than five hundred dollars ($500) or by imprisonment in the county jail not less than five days nor more than thirty days or by both such fine and imprisonment.

AnyH. person violating any provision of this w l n d 18 section [shall be] is guilty of a misdemeanor and upon = = 19 a l conviction shall be punished by a fine of not less than twenty- i a e r 20 five dollars ($25.00) nor more than five hundred dollars ($500) a t m m 21 or by imprisonment in the county jail not less than five days d r e 22 nor more than thirty days or by both such fine and imprisonment c e s k 23 [and].

eThe owner and the operator of a nvehicle, btruck, 24tractor H.or engine that causes damage to any public highway, street, road, bridge, culvert, sign, signpost, other traffic control or safety device or structure in violation of any provision of this section and Section 67-7-11 NMSA 1978 shall be jointly and severally liable to the state, county or municipality as the case may be for the actual damage caused by the operation, conducting or hauling thereof over any public highway, street, road, bridge, culvert, sign, signpost, other traffic control or safety device or structure in violation of any provision of this section and Section 67-7-11 NMSA 1978, to be collected by suit or settlement brought in the name of the state, county or municipality SB 325 Page 3 having control of such highway or street, road, bridge, culvert, sign, signpost, other traffic control or safety device or structure;

The owner and thesuch operator of [such] a vehicle, u [ truck, tractor or engine thatmay causes damage to any public .218696.5SA - 3 - highway, street, road, bridge, culvert, sign, signpost, other traffic control or safety device or structure in violation of any provision of this section and Section 67-7-11 NMSA 1978 shall be jointlyattached and severallyheld liable to thesatisfy state,any countyjudgment or municipality as the case may be for thedamages. actual damage caused by the operation, conducting or hauling thereof over any public highway, street, road, bridge, culvert, sign, signpost, other traffic control or safety device or structure in violation of any provision of this [Act] section and Section 67-7-11 NMSA 1978, to be collected by suit or settlement brought in the name of the state, county or municipality having control of such highway or street, road, bridge, culvert, sign, signpost, other traffic control or safety device or structure;

and such vehicle, truck, tractor or engine may be attached and held to satisfy any judgment for [such] damages.

Damages and associated claims pursuant to this e t 17 section may be:

w l n d 18 (1) settled at the discretion of the = = 19 a l department on behalf of the state, or by the county or i a e r 20 municipality, whichever has control of the subject highway or a t m m 21 street, road, bridge, culvert, sign, signpost, other traffic d r e 22 control or safety device or structure, with regard to c e s k 23 identified damages, whether or not the damages have been e a n b 24 reduced to judgment;

and may include a contract for collection u [ of such damages due to the state, county or municipality;

or .218696.5SA - 4 - (2) collected by suit brought by the department in the name of the state, or by the county or municipality, whichever has control of the subject highway or street, road, bridge, culvert, sign, signpost, other traffic control or safety device or structure;

The proceeds of any such settlement or SB 325 Page 4 judgment shall be paid to the treasurer of the state or of such county or municipality and placed to the credit of a fund for the construction and improvement of [roads or streets] highways, streets, roads, bridges, traffic control or safety devices or structures." -SB 5325 -Page 165 e7 t9 1725 w l n d 18 = = 19 a l i a e r 20 a t m m 21 d r e 22 c e s k 23 e a n b 24 u [ .218696.5SA