The public highways in the state are dedicated to the reasonable use thereof by the public.

It shall be unlawful for any person to injure or damage any public highway or street or any bridge, culvert, sign, signpost or structure upon or used or constructed in connection with any public highway or street for the protection thereof or for protection or regulation of traffic thereon by any unusual, improper or unreasonable use thereof, or by the careless driving or use of any vehicle thereon, or by wilful mutilation, defacing or destruction thereof.

It shall be considered unreasonable use of any bridge or structure to operate or conduct upon or over the same any vehicle, tractor, engine or load of greater weight than that specified by the state, county or municipal authorities having control of such bridge or structure in a notice posted at or near each end of such bridge or structure.

It shall be considered unreasonable use of any improved highway or street to operate, drive or haul thereon any truck, tractor or engine in such manner or at times when the surface thereof is in a soft or plastic condition from moisture, so as to cause excessive ruts or excessive deterioration or displacement of the surfacing thereof.

It shall be unlawful to operate, haul or conduct over any public highway or street any vehicle, tractor, engine, truck, load, building or other object, more than eight feet in width except loads of hay, straw or other farm products without a permit from the state, county or municipal authority in control of such highway or street, which permit shall specify the manner of operation thereof so as not [sic] to prevent as far as possible inconvenience and danger to the traveling public and damage to the surface.

It shall be unlawful to maintain any fence across any public road unless the owner or person in control of such fence shall construct and maintain in good condition a gate and a cattle-guard passageway for motor vehicles in accordance with the specifications of the authorities having control of such road. And no fence shall be maintained across any public road without a written permit from the authorities having control of such road.

Any person violating any provision of this section shall be guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than twenty-five dollars [($25.00)] nor more than five hundred dollars [($500)], or by imprisonment in the county jail not less than five days nor more than thirty days or by both such fine and imprisonment, and the owner and the operator of such vehicle, truck, tractor or engine, shall be jointly and severally liable to the state, county or municipality as the case may be for the actual damage caused by the operation, conducting or hauling thereof over any public highway, street, bridge, culvert or structure in violation of any provision of this act [67-7-10, 67-7-11 NMSA 1978] to be collected by suit brought in the name of the state, county or municipality having control of such highway or street; and such vehicle, truck, tractor or engine may be attached and held to satisfy any judgment for such damages.

The proceeds of any such judgment shall be paid to the treasurer of the state, or of such county or municipality, and placed to the credit of a fund for the construction and improvement of roads or streets.

History: Laws 1921, ch. 94, § 10; C.S. 1929, § 11-710; 1941 Comp., § 58-611; 1953 Comp., § 55-6-11.

Cross references. — For penalty for destroying direction signs, see 67-8-7 NMSA 1978.

For erection of gates at intersections with public road by lessees and purchasers of state lands, see 19-6-6 NMSA 1978.

For public nuisance, see 30-8-1 NMSA 1978.

For placing injurious substances upon highways, see 66-7-364 NMSA 1978.

For gates in fences in herd law districts, see 77-12-9 NMSA 1978.

Bracketed material. — The bracketed material was inserted by the compiler; it was not enacted by the legislature and is not a part of the law.

Compiler's notes. — New Mexico Const., art. XII, § 4, provides that "All fines and forfeitures collected under general laws . . . shall constitute the current school fund of the state."

Some of the provisions of this section were probably superseded by Laws 1929, ch. 75, repealed by Laws 1955, ch. 37, § 15. For present provisions, see 66-7-403, 66-7-405, 66-7-412 and 66-7-415 NMSA 1978.

Laws 1921, ch. 94, § 10, is deemed to supersede Laws 1882, ch. 42, § 2, providing that inclosures constructed upon land upon which a public road or trail may pass shall be constructed with gates so as to not prevent the travel on such roads, and providing that no owner of such inclosures shall be considered as obstructing such roads.

Gate may be maintained on public road if there is compliance with the provisions of this section. Hindi v. Smith, 1963-NMSC-226, 73 N.M. 335, 388 P.2d 60.

Posting of road construction notices authorized. — Any agent of the commission is authorized to post notices prohibiting traffic on roads under construction. 1923 Op. Att'y Gen. No. 23-3738.

Placing of structures on highways. — The statutes prohibit placing structures on highways for which prosecutions may be had through district attorney, and the commission has full control in such matters. 1938 Op. Att'y Gen. No. 38-1946.

Permits to land airplanes on highways. — State highway department (now department of transportation) could grant permit for airplanes to land on particular portions of New Mexico highways where proper clearance is also obtained from civil aeronautics administration and the state corporation commission (now public regulation commission). 1943 Op. Att'y Gen. 43-4240.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 40 Am. Jur. 2d Highways, Streets and Bridges § 609.

Damaging highway or bridge by nature or weight of vehicles or loads transported over it, 53 A.L.R.3d 1035, 31 A.L.R.5th 171.

40 C.J.S. Highways §§ 231, 248.