A. Brake equipment is required as follows:

(1) every motor vehicle other than a motorcycle when operated upon a highway shall be equipped with brakes adequate to control the movement of and to stop and hold the vehicle, including two separate means of applying the brakes, each of which is effective to apply the brakes to at least two wheels. If these two separate means of applying the brakes are connected in any way, they shall be so constructed that failure of any one part of the operating mechanism does not leave the motor vehicle without brakes on at least two wheels;

(2) every motorcycle when operated upon a highway shall be equipped with at least two brakes that may be operated by hand or foot;

(3) every bus, truck, truck tractor, road tractor, trailer and semitrailer and pole trailer shall be equipped with brakes on all wheels in contact with road surfaces except:

(a) trailers, semitrailers and pole trailers of a gross vehicle weight of less than three thousand pounds;

(b) any vehicle being towed in a driveaway-towaway operation; provided, the combination of vehicles is capable of complying with the performance requirements of Subsection B of this section;

(c) trucks, truck tractors and road tractors having three or more axles need not have brakes on the front wheels except when the vehicles are equipped with at least two steerable axles, the wheels of one axle need not be equipped with brakes;

(d) house-moving dollies subject to regulations adopted by the secretary of transportation under the Motor Transportation Act [Chapter 65, Articles 1, 3 and 5 NMSA 1978]; and

(e) motor vehicles of the types named in Paragraphs (1) through (3) of this subsection manufactured prior to July 1, 1963;

(4) every house trailer of a gross vehicle weight in excess of three thousand pounds registered in this state shall be equipped with brakes on at least two wheels in contact with road surfaces. Every house trailer of a gross vehicle weight of three thousand pounds or more when operated upon a highway or roadway shall be equipped with brakes adequate to control the movement of and to stop and to hold the vehicle and so designed as to be applied by the driver of the towing motor vehicle;

(5) every bus, truck, road tractor or truck tractor shall be equipped with parking brakes capable of locking the rear driving wheels and adequate under any condition of loading to hold, to the limit of traction of the braked wheels, the vehicle or combination of vehicles to which the motor vehicle may be attached. The operating controls of the parking brakes shall be independent of the operating controls of the service brakes;

(6) in any combination of motor-drawn vehicles, means shall be provided for applying the rearmost trailer brakes of any trailer equipped with brakes in approximate synchronism with the brakes on the towing vehicle and developing the required braking effort on the rearmost wheels at the fastest rate, or means shall be provided for applying braking effort first on the rearmost trailer equipped with brakes, or both of the above means capable of being used alternatively may be employed; and

(7) the brake shoes operating within or upon the drums on the vehicle wheels of any motor vehicle may be used for both service and hand operation.

B. Every motor vehicle or combination of motor-drawn vehicles shall be capable at all times, and under all conditions of loading, of being stopped on a dry, smooth, level road, free from loose material, upon application of the service brake within the distance specified in this subsection or shall be capable of being decelerated at a sustained rate corresponding to these distances:

Feet to stop from 20 miles per hour

Deceleration in feet per second

Vehicles or combinations of vehicles having brakes on all wheels......................

30

14

Vehicles or combinations of vehicles not having brakes on all wheels............

40

10.7.

C. All brakes shall be maintained in good working order and shall be so adjusted as to operate as equally as practicable with respect to the wheels on opposite sides of the vehicle.

History: 1953 Comp., § 64-3-840, enacted by Laws 1978, ch. 35, § 146; 2007, ch. 319, § 34.

Cross references. — For definition of "driveaway-towaway operation", see 66-1-4.4 NMSA 1978.

The 2007 amendment, effective June 15, 2007, made non-substantive language changes.

Duty of maintaining brakes in proper condition is placed upon owner, and if the brakes do not meet the standard set by the statute, and such failure is not excused, the owner is guilty of negligence in permitting the automobile on the highway in such condition. Ferran v. Jacquez, 1961-NMSC-072, 68 N.M. 367, 362 P.2d 519.

Owner of vehicle not meeting minimum standards negligent if unexcused. — Section 64-20-41, 1953 Comp. (similar to this section) sets the minimum standards required for brakes and that an owner of a vehicle is guilty of negligence in permitting a vehicle on the highway with brakes which do not meet the standard set by statute, unless such failure is excused. Roybal v. Lewis, 1968-NMSC-068, 79 N.M. 227, 441 P.2d 756.

Once violation shown, burden on violator to prove reasonableness. — Once the plaintiff has shown the statutory violation, the violation is sufficient evidence to defeat a motion for a directed verdict and defendant then has the burden of coming forward and showing lack of knowledge of the defective condition as a reasonable man which would relieve him of the responsibility placed upon him by the provision. Goodman v. Venable, 1971-NMCA-031, 82 N.M. 450, 483 P.2d 505; Ferran v. Jacquez, 1961-NMSC-072, 68 N.M. 367, 362 P.2d 519.

Brakes for construction equipment. — Construction equipment which is being pulled over the highway is required to be equipped with brakes pursuant to Section 64-20-41, 1953 Comp. (similar to this section), but construction equipment which is permanently attached to wheels is not specifically required to have brakes on all wheels. 1967 Op. Att'y Gen. No. 67-94.

Permits for movement of certain trucks. — State highway commission [state transportation commission] cannot legally issue permits for movement of trucks in drive-away-towaway saddle mount combinations of more than one towed vehicle. 1959 Op. Att'y Gen. No. 59-38.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 7A Am. Jur. 2d Automobiles and Highway Traffic §§ 187, 780 to 782.

Admissibility in evidence, in automobile negligence action, of charts showing braking distance, reaction times, etc., 9 A.L.R.3d 976.

60 C.J.S. Motor Vehicles § 26; 60A C.J.S. Motor Vehicles § 261.