A. Whenever a vehicle is lawfully parked upon a street or highway during the hours between a half-hour after sunset and a half-hour before sunrise and in the event there is sufficient light to reveal any person or object within a distance of five hundred feet upon such street or highway no lights need be displayed upon such parked vehicle.

B. Whenever a vehicle is parked or stopped upon a roadway or shoulder adjacent thereto, whether attended or unattended, during the hours between a half-hour after sunset and a half-hour before sunrise and there is not sufficient light to reveal any person or object within a distance of five hundred feet upon such highway, such vehicle so parked or stopped shall be equipped with one or more lamps meeting the following requirements:

(1) at least one lamp shall display a white or amber light visible from a distance of five hundred feet to the front of the vehicle; and

(2) the same lamp or at least one other lamp shall display a red light visible from a distance of five hundred feet to the rear of the vehicle, and the location of said lamp or lamps shall always be such that at least one lamp or combination of lamps meeting the requirements of this section is installed as near as practicable to the side of the vehicle which is closest to passing traffic. The foregoing provisions shall not apply to a motorcycle.

C. Any lighted headlamps upon a parked vehicle shall be depressed or dimmed.

History: 1953 Comp., § 64-3-825, enacted by Laws 1978, ch. 35, § 131; 1981, ch. 361, § 15.

Cross references. — For requirement that trucks carry flares and emergency signals, see 66-3-849 to 66-3-857 NMSA 1978.

Proof of defective battery not proof of improper lighting. — Fact that truck was equipped with a defective battery after an accident does not necessarily mean that the proper lights were not burning on the truck or that the battery was defective prior to an emergency stop. Where trial court made no finding whether the lights were burning or not before or at the time of the accident, a conclusion that the truck was improperly lighted would not flow from the findings as made. Terrel v. Lowdermilk, 1964-NMSC-073, 74 N.M. 135, 391 P.2d 419.

Applicability to third parties question of fact. — Where decedent was rendering assistance at the request of his son, and his son's car was without lights, it was a question of fact whether Section 64-20-25B, 1953 Comp. (similar to this section) applied to prevent recovery by decedent's estate from accident where defendant's car struck the son's unlighted car which in turn struck decedent. Fitzgerald v. Valdez, 1967-NMSC-088, 77 N.M. 769, 427 P.2d 655.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 7A Am. Jur. 2d Automobiles and Highway Traffic § 191.

Liability of motorist colliding with person engaged about stalled or disabled vehicle on or near highway, 27 A.L.R.3d 12.

Regulations as to lights on parked or standing motor vehicle as affecting liability for collision, 61 A.L.R.3d 1.

Contributory negligence due to failure to dim or deflect lights on parked vehicle, 63 A.L.R.3d 824.

60A C.J.S. Motor Vehicles § 335.