Whenever a motor vehicle is being operated on a roadway or shoulder adjacent thereto during the times specified in Section 66-3-802 NMSA 1978, the driver shall use a distribution of light, or composite beam, directed high enough and of sufficient intensity to reveal persons and vehicles at a safe distance in advance of the vehicle, subject to the following requirements and limitations:

A. whenever the driver of a vehicle approaches an oncoming vehicle within five hundred feet, such driver shall use a distribution of light or composite beam so aimed that the glaring rays are not projected into the eyes of the oncoming driver;

B. the lowermost distribution of light specified in Section 66-3-830B NMSA 1978 shall be deemed to avoid glare at all times, regardless of road contour and loading; and

C. whenever the driver of a vehicle overtakes another vehicle proceeding in the same direction and within two hundred feet, such driver shall use a distribution of light or composite beam so aimed that the glaring rays are not projected through the rear window of the overtaken vehicle.

History: 1953 Comp., § 64-3-831, enacted by Laws 1978, ch. 35, § 137.

Cross references. — 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 § 190.

Duty and liability of vehicle driver blinded by glare of lights, 22 A.L.R.2d 292, 64 A.L.R.3d 551, 64 A.L.R.3d 760.

Contributory negligence of driver or occupant of motor vehicle being driven or parked without dimming lights, 63 A.L.R.3d 824.

60A C.J.S. Motor Vehicles § 309.