It is unlawful for any person to buy, sell, lease, trade or transfer from or to New Mexico residents at retail an automobile, which is manufactured or assembled commencing with the 1964 models, unless the vehicle is equipped with safety belts installed for use in the left front and right front seats.

History: 1953 Comp., § 64-20-75, enacted by Laws 1963, ch. 30, § 1; recompiled as 1953 Comp., § 64-3-874, by Laws 1978, ch. 35, § 180.

No statutory duty to fasten seat belt under this section. Selgado v. Commercial Warehouse Co., 1975-NMCA-144, 88 N.M. 579, 544 P.2d 719; Thomas v. Henson, 1984-NMCA-113, 102 N.M. 417, 696 P.2d 1010, aff'd in part and rev'd in part on other grounds, 1985-NMSC-010, 102 N.M. 326, 695 P.2d 476.

Pickups and trucks within meaning of "automobile". — Pickups and trucks fall within the meaning of "motor vehicle" as used in the act's (Laws 1967, ch. 30, enacting this section and a section similar to 66-8-375 NMSA 1978) title, and within the term "automobile" as used in the body of the act. 1967 Op. Att'y Gen. No. 67-134.

Law reviews. — For comment, "Contributory Negligence - Failure to Use Automobile Seat Belts," see 9 Nat. Resources J. 110 (1969).

For note, "The New Case for the 'Seat Belt Defense' - Norwest Bank New Mexico, NA v. Chrysler Corporation," see 30 N.M.L. Rev. 403 (2000).

Am. Jur. 2d, A.L.R. and C.J.S. references. — Automobile occupant's failure to use seat belt as negligence, 92 A.L.R.3d 9.

Nonuse of automobile seatbelts as evidence of comparative negligence, 95 A.L.R.3d 239.

Liability under state law for injuries resulting from defective automobile seatbelt, shoulder harness, or restraint system, 48 A.L.R.5th 1.

60 C.J.S. Motor Vehicles § 26.