Whenever any motor vehicle is disabled upon the traveled portion of any highway or the shoulder thereof, when lighted lamps are required, except in cities, towns and villages where there is sufficient highway lighting to make it clearly discernible to persons and vehicles on the highway at a distance of five hundred feet, the following requirements shall be observed:

A. the driver of such vehicle shall immediately place on the traveled portion of the highway at the traffic side of the disabled vehicle, a lighted fusee and a lighted red electric lantern, or a red emergency reflector;

B. except as provided in Subsections C and D of this section, as soon thereafter as possible, but in any event within the burning period of the fusee, the driver shall place three liquid-burning flares or pot torches, or three red emergency reflectors on the traveled portion of the highway in the following order:

(1) one at a distance of approximately one hundred feet from the disabled vehicle in the center of the traffic lane occupied by such vehicle and toward traffic approaching in that lane;

(2) one at a distance of approximately one hundred feet in the opposite direction from the disabled vehicle in the center of the traffic lane occupied by such vehicle; and

(3) one at the traffic side of the disabled vehicle, not less than ten feet to the front or rear thereof. If a red electric lantern or red emergency reflector has been placed on the traffic side of the vehicle in accordance with Subsection A of this section, it may be used for this purpose;

C. if disablement of any motor vehicle shall occur within five hundred feet of a curve, crest of a hill or other obstruction to view, the driver shall so place the warning signal in that direction as to afford ample warning to other users of the highway, but in no case less than one hundred feet nor more than five hundred feet from the disabled vehicle; and

D. if gasoline or any other flammable or combustible liquid or gas seeps or leaks from a fuel container of a motor vehicle disabled or otherwise stopped upon a highway, no emergency warning signal producing a flame shall be lighted or placed except at such a distance from any such liquid or gas as will assure the prevention of a fire or explosion.

History: 1953 Comp., § 64-3-853, enacted by Laws 1978, ch. 35, § 159.

Cross references. — For duty to display lights on parked vehicle, see 66-3-825 NMSA 1978.

For duty to carry flares and other warning devices, see 66-3-849 NMSA 1978.

For definition of "motor vehicle" with respect to this section, see 66-3-851 NMSA 1978.

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

Violation negligence per se. — Violation of Section 64-20-53, 1953 Comp. (similar to this section), in accidents caused by failure to warn, is negligence per se. Bailey v. Jeffries-Eaves, Inc., 1966-NMSC-094, 76 N.M. 278, 414 P.2d 503.

Jury may find that standard of due care requires more than compliance with the minimum standards of Section 64-20-53, 1953 Comp. (similar to this section). Bailey v. Jeffries-Eaves, Inc., 1966-NMSC-094, 76 N.M. 278, 414 P.2d 503.

Definition does not include passenger cars. — Section 64-20-51, 1953 Comp. (similar to Section 66-3-851 NMSA 1978) defines the term "motor vehicle" and that definition does not include disabled cars which are passenger vehicles. Fitzgerald v. Valdez, 1967-NMSC-088, 77 N.M. 769, 427 P.2d 655.

Reflector may be used instead of fusee or lantern. — Section 64-20-53, 1953 Comp. (similar to this section) 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.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 8 Am. Jur. 2d Automobiles and Highway Traffic §§ 909 to 913.

Negligence or contributory negligence of driver or occupant of motor vehicle parked or stopped on highway without flares, 67 A.L.R.2d 12.

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

60A C.J.S. Motor Vehicles § 335.