1. A. Crosswalks may be established over highways abutting a school or the grounds adjacent to a school, and all children crossing the highways shall be required to do so within the marked crosswalks. The state transportation commission, with respect to state highways, and local authorities, with respect to streets under their jurisdiction, with advice of the local superintendent of schools, shall establish and mark or cause to be marked these highway crossings.
2. B. Crosswalks over highways not abutting school grounds may be established by the state transportation commission, with respect to state highways, and by local authorities, with respect to streets under their jurisdiction, with advice of the local superintendent of schools and after adequate assurance has been given that proper safety precautions will be maintained pursuant to regulations of the state transportation commission and of the local authorities. Responsibility for maintaining the crossing will be with the appropriate county or municipality wherein the school is located.
3. C. At all school crossings except as provided in this section, appropriate signs shall be provided as prescribed by the state transportation commission or local authorities within their respective jurisdictions, indicating the crossings and regulating traffic movement within the school zones.

4. D. School crossings are not required to be specially posted when they are located at:

   1. (1) a signalized intersection;
   2. (2) an intersection where traffic is controlled by a stop sign; or
   3. (3) a point where a pedestrian tunnel or overhead crossing is provided.

History: 1941 Comp., § 68-2435, enacted by Laws 1953, ch. 139, § 89.1; 1953 Comp., § 64-18-35; Laws 1955, ch. 93, § 1; 1963, ch. 83, § 1; 1975, ch. 6, § 1; recompiled as 1953 Comp., § 64-7-336, by Laws 1978, ch. 35, § 440; 2003, ch. 142, § 20.

ANNOTATIONS

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

The 2003 amendment, effective July 1, 2003, substituted "transportation commission" for "highway commission".

Limited responsibility of school authorities. — Subsection A does not impose a responsiblity on a municipal school system to maintain the cross-walk over the abutting street to one of its schools; this responsibility rests with other local authorities who may receive advice, not orders, from the municipal school system. Johnson v. School Bd. of Albuquerque Pub. Sch. Sys., 1992-NMCA-125, 114 N.M. 750, 845 P.2d 844, cert. denied, 114 N.M. 577, 844 P.2d 827 (1993).

School and governmental authorities must see that children use crosswalks. — In schools within municipalities the responsibility for seeing that school children use crosswalks is common between the municipal and school authorities. In schools outside municipalities the responsibility is common between the state and school authorities. 1955 Op. Att'y Gen. No. 55-6073.

Adult guards, if employed, may legally be paid out of school funds. 1955 Op. Att'y Gen. No. 55-6073.

Am. Jur. 2d, A.L.R. and C.J.S. references. — Duty of motor vehicle driver approaching place where children are playing or gathered, 30 A.L.R.2d 5.

60A C.J.S. Motor Vehicles § 396(3).