No motor vehicle shall be stopped, parked or left standing, whether attended or unattended, upon the traveled portion of any highway outside of a business or residence district, when it is practicable to stop, park or leave such vehicle off the traveled portion of the highway. In the event that conditions make it impracticable to move such motor vehicle from the traveled portion of the highway, the driver shall make every effort to leave all possible width of the highway opposite the standing vehicle for the free passage of other vehicles and he shall take care to provide a clear view of the standing vehicle as far as possible to the front and rear.

History: 1941 Comp., § 68-2552, enacted by Laws 1953, ch. 139, § 158.1; 1953 Comp., § 64-20-52; recompiled as 1953 Comp., § 64-3-852, by Laws 1978, ch. 35, § 158.

Cross references. — For the penalty assessment for violation of this section, see 66-8-116 NMSA 1978.

Signals must be placed at least 100 feet from vehicle. — Court should instruct the jury that signals shall be placed at least 100 feet in front of and to the rear of disabled vehicles and that the distance is left to the discretion of the driver whenever the vehicle is stopped in any manner when the distance of 100 feet is not ample warning. Zanolini v. Ferguson-Steere Motor Co., 1954-NMSC-012, 58 N.M. 96, 265 P.2d 983.

Negligence per se for lack of equipment. — Failure to equip a truck with flares, fusees and flags and to put such devices out when a truck becomes disabled on the highway is negligence per se. Trefzer v. Stiles, 1952-NMSC-044, 56 N.M. 296, 243 P.2d 605.

Negligence per se to park truck on paving at night. — Defendants, through their agent, were negligent per se by parking truck partially on paving at night without immediately putting out warning flares as required by law, ample room being available for parking safely off the pavement. Hisaw v. Hendrix, 1950-NMSC-015, 54 N.M. 119, 215 P.2d 598.

Stopping truck on highway and backing up unsafely is negligence per se. — Where driver stopped truck without displaying flares, on main portion of highway at point where it was not impracticable to have parked off the pavement, and backed truck up without observing whether it could be done with safety, the violation of statutory provisions constituted negligence per se. Chandler v. Battenfield, 1951-NMSC-054, 55 N.M. 361, 233 P.2d 1047.

Reflector can be used in place of fusee or lantern. — Section 64-20-53, 1953 Comp. (similar to Section 66-3-853 NMSA 1978) means that the placing of a red emergency reflector may be used in place of a lighted fusee and a lighted red electric lantern. Terrel v. Lowdermilk, 1964-NMSC-073, 74 N.M. 135, 391 P.2d 419.

Not negligence per se if impossible to remove vehicle from pavement. — Trial court finding that failure of the appellee to drive his vehicle completely off the highway was not negligence per se where it was impossible for appellee to pull off the highway, as there was practically no shoulder and that appellee stopped on the extreme right edge of the pavement even though the record was not clear as to the angle of the drop-off or its depth into the bar pit was supported by substantial, although conflicting, evidence, and supreme court was not justified in disturbing it. Terrel v. Lowdermilk, 1964-NMSC-073, 74 N.M. 135, 391 P.2d 419.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 7A Am. Jur. 2d Automobiles and Highway Traffic § 274; 8 Am. Jur. 2d Automobiles and Highway Traffic §§ 900, 905.

60A C.J.S. Motor Vehicles §§ 330, 333.