§ 66-7-401 — Scope and effect

A. It is a misdemeanor for any person to drive or move or for the owner, lessee or other person directing the operation to cause or permit to be driven or moved on any highway any vehicle of a size or weight exceeding the limitations stated in Sections 66- 7-401 through 66-7-416 NMSA 1978 or otherwise in violation of those sections, and the maximum size and weight of vehicles herein specified shall be lawful throughout this state, and local authorities shall have no power or authority to alter the limitations except as express authority may be granted in Sections 66-7-401 through 66-7-416 NMSA 1978. B. The provisions of Sections 66-7-401 through 66-7-416 NMSA 1978 governing size, weight and load shall not apply to fire apparatus, road machinery engaged in highway construction or maintenance or to implements of husbandry, including farm tractors, temporarily moved upon a highway or to a vehicle operated under the terms of a special permit issued as herein provided. C. Upon the declaration of a national emergency pursuant to federal law or a declaration by the governor of an emergency pursuant to the Emergency Powers Code [Chapter 12, Articles 10, 10A, 11 and 12 NMSA 1978], the secretary of transportation may issue an order suspending or modifying the requirements for vehicular size, weight and load pursuant to Sections 66-7-401 through 66-7-416 NMSA 1978 for the duration of the emergency; provided that the order shall be published on the department of transportation's website.

Legislative History

1953 Comp., § 64-7-401, enacted by Laws 1978, ch. 35, § 472; 1978 Comp., §