A. Every vehicle upon a highway within this state at any time from a half-hour after sunset to a half-hour before sunrise and at any other time when there is not sufficient light to render clearly discernible persons and vehicles on the highway at a distance of five hundred feet ahead shall display lighted lamps and illuminating devices as respectively required in Sections 66-3-801 through 66-3-887 NMSA 1978 for different classes of vehicles, subject to exceptions with respect to parked vehicles as stated in Section 66-3-825 NMSA 1978.
B. A person who violates the provisions of this section is guilty of a penalty assessment misdemeanor.
History: 1953 Comp., § 64-3-802, enacted by Laws 1978, ch. 35, § 108; 2018, ch. 74, § 28.
ANNOTATIONSThe 2018 amendment, effective July 1, 2018, provided a penalty for any violation of this section, and added statutory references; added subsection designation "A."; in Subsection A, after "respectively required", added "in Sections 66-3-801 through 66-3-887 NMSA 1978", and after "stated", added "in Section 66-3-825 NMSA 1978"; and added Subsection B.
No reasonable suspicion justifying vehicle stop. — Where the arresting deputy stated more than once at trial that he could see the defendant's vehicle at 500 yards when the sun was only just setting, there was no reason at all to pull over the defendant's car as there was no safety concern or reasonable suspicion of a violation of this section, and therefore the vehicle stop was illegal. State v. Joe, 2003-NMCA-071, 133 N.M. 741, 69 P.3d 251, cert. denied, 2003-NMCERT-005, 133 N.M. 727, 69 P.3d 237.
Proof of defective battery not proof of improper lighting. — Fact that truck was equipped with a defective battery after an accident does not necessarily mean that the proper lights were not burning on the truck or that the battery was defective prior to an emergency stop. Where trial court made no finding whether the lights were burning or not before or at the time of the accident, a conclusion that the truck was improperly lighted would not flow from the findings as made. Terrel v. Lowdermilk, 1964-NMSC-073, 74 N.M. 135, 391 P.2d 419.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 7A Am. Jur. 2d Automobiles and Highway Traffic § 189.
Driving motor vehicle without lights or with improper lights as affecting liability for collision, 21 A.L.R.2d 7, 62 A.L.R.3d 560, 62 A.L.R.3d 771, 62 A.L.R.3d 844; 62 A.L.R.3d 560.
Driving motor vehicle without lights or with improper lights as gross negligence or the like warranting recovery by guest under guest statute or similar common-law rule, 21 A.L.R.2d 209.
Contributory negligence of driver or occupant of vehicle driven without lights or with defective or inadequate lights, 67 A.L.R.2d 118, 62 A.L.R.3d 560, 771, 844.
60 C.J.S. Motor Vehicles § 26; 60A C.J.S. Motor Vehicles § 263.