1. A. The state transportation commission, with reference to state and county highways, and local authorities, with reference to other highways under their jurisdiction, may designate through highways and erect stop signs or yield signs at specified entrances thereto or may designate any intersection as a stop intersection or as a yield intersection and erect stop signs or yield signs at one or more entrances to the intersection.
2. B. Preferential right of way at an intersection may be indicated by stop signs or yield signs as authorized in the Motor Vehicle Code.
3. C. Except when directed to proceed by a police officer or traffic-control signal, every driver of a vehicle, other than a person riding a bicycle, approaching a stop intersection indicated by a stop sign shall stop before entering the crosswalk on the near side of the intersection or, in the event there is no crosswalk, shall stop at a clearly marked stop line, but if none, then at the point nearest the intersecting roadway before entering the intersection.
4. D. The driver of a vehicle approaching a yield sign, if required for safety to stop, shall stop before entering the crosswalk on the near side of the intersection or, in the event there is no crosswalk, at a clearly marked stop line, but if none, then at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway.

5. E. Except when directed to proceed by a police officer, every person riding a bicycle and approaching:

   1. (1) a stop intersection indicated by a red traffic control signal shall stop before entering the crosswalk on the near side of the intersection or, in the event there is no crosswalk, shall stop at a clearly marked stop line, but if none, then at the point nearest the intersecting roadway before entering the intersection. After stopping, if there is no approaching pedestrian, bicycle or vehicle traffic with the right of way, the person riding a bicycle may proceed through the intersection without waiting for the traffic control signal to turn green; and
   2. (2) an intersection with a stop sign or a yield sign, if there is no approaching pedestrian, bicycle or vehicle traffic with the right of way, the person riding a bicycle may proceed through the intersection without stopping. If required for safety to stop, the person riding a bicycle shall stop before entering the crosswalk on the near side of the intersection or, in the event there is no crosswalk, at a clearly marked stop line, but if none, then at the point nearest the intersecting roadway where the person riding a bicycle has a view of approaching traffic on the intersecting roadway.

History: 1953 Comp., § 64-18-44, enacted by Laws 1965, ch. 91, § 3; recompiled as 1953 Comp., § 64-7-345, by Laws 1978, ch. 35, § 449; 2003, ch. 142, § 22; 2025, ch. 22, § 2.

ANNOTATIONS

Repeals and reenactments. — Laws 1965, ch. 91, § 3, repealed 64-18-44, 1953 Comp., relating to the requirement that all vehicles and street cars must stop at stop signs, and enacted the above section.

Cross references. — For joint state and local authority with respect to school crossings, see 66-7-336 NMSA 1978.

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

The 2025 amendment, effective July 1, 2025, authorized a bicyclist to legally pass through a red light at an intersection after having stopped to make sure that it is safe to proceed through the intersection, and authorized a bicyclist to proceed through an intersection past a stop sign or a yield sign without stopping if there is no approaching pedestrian, bicycle or vehicle traffic with the right of way, and added a provision relating to where the bicyclist must stop at an intersection with a stop sign or a yield sign when a complete stop is required for safety; in Subsection C, after "every driver of a vehicle" added "other than a person riding a bicycle"; and added Subsection E.

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

Speeding and running stop sign are different offenses with different penalties. United States v. Clemente E., 392 F.3d 1164 (10th Cir. 2004).

Stop sign does not create a "speed limit". United States v. Clemente E., 392 F.3d 1164 (10th Cir. 2004).

Provision applicable to animal powered conveyance. — Section 64-18-29, 1953 Comp. (similar to Section 66-7-330 NMSA 1978), and this section, when read along with Section 64-15-6, 1953 Comp. (similar to Section 66-7-7 NMSA 1978), provide that persons riding animals or driving animal drawn vehicles must stop before entering a through highway or before entering an intersection where a stop sign is posted, and shall yield the right-of-way to other vehicles approaching the intersection. Knox v. Trujillo, 1963-NMSC-132, 72 N.M. 345, 383 P.2d 823.

Reasonable basis to stop defendant for failing to stop at a stop sign. — Where a patrol officer observed defendant’s vehicle approach a four-way intersection at a high rate of speed, and upon reaching the intersection, defendant’s vehicle went past the stop sign and into the intersection before coming to a complete stop, and where the officer activated his emergency lights and pulled defendant over for failing to stop at the stop sign, and as a result, obtained evidence that led to defendant’s arrest and conviction for driving while intoxicated, the district court did not err in finding that there was reasonable suspicion for the officer to pull defendant over for a traffic violation, because the record, viewed in the light most favorable to the district court’s ruling, includes sufficient evidence to support the district court’s finding that the officer had an objectively reasonable basis to stop defendant for violating 66-7-345(C) NMSA 1978. State v. Martinez, 2018-NMSC-007, rev’g 2015-NMCA-051, 348 P.3d 1022.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 7A Am. Jur. 2d Automobiles and Highway Traffic §§ 234, 251, 252, 255.

60A C.J.S. Motor Vehicles §§ 359, 360; 61A C.J.S. Motor Vehicles § 714(2), (3).

Governmental liability for failure to reduce vegetation obstructing view at railroad crossing or at street or highway intersection. 50 A.L.R.6th 95.