A. Every motor vehicle when operated upon a highway shall be equipped with a horn in good working order and capable of emitting sound audible under normal conditions from a distance of not less than two hundred feet, but no horn or other warning device shall be used which does not produce a harmonious sound. The driver of a motor vehicle shall when reasonably necessary to ensure safe operation give audible warning with his horn but shall not otherwise use such horn when upon a highway.

B. No vehicle shall be equipped with nor shall any person use upon a vehicle any siren, whistle or bell except as otherwise permitted in this section.

C. It is permissible, but not required, that any commercial vehicle be equipped with a theft-alarm signal device which is so arranged that it cannot be used by the driver as an ordinary warning signal.

D. Any authorized emergency vehicle may be equipped with a siren, whistle or bell, capable of emitting sound audible under normal conditions from a distance of not less than five hundred feet and of a type approved by the division, but such siren shall not be used except when such vehicle is operated in response to an emergency call or in the immediate pursuit of an actual or suspected violator of the law, in which said latter events the driver of such vehicle shall sound said siren when reasonably necessary to warn pedestrians and other drivers of the approach thereof.

History: 1953 Comp., § 64-3-843, enacted by Laws 1978, ch. 35, § 149.

Cross references. — For authorized emergency vehicles, see 66-7-6 NMSA 1978.

For sounding horn when passing another vehicle, see 66-7-310 NMSA 1978.

For requirement to sound horn to warn pedestrians, see 66-7-337 NMSA 1978.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 7A Am. Jur. 2d Automobiles and Highway Traffic § 193.

Duty and liability with respect to giving audible signal where driver's view ahead obstructed at curve or hill, 16 A.L.R.3d 897.

Duty and liability with respect to giving audible signal at intersection, 21 A.L.R.3d 268.

Duty and liability with respect to giving audible signal before passing, 22 A.L.R.3d 325.

Duty and liability with respect to giving audible signal upon approaching pedestrian, 24 A.L.R.3d 183.

60 C.J.S. Motor Vehicles § 26; 60A C.J.S. Motor Vehicles § 288.