A. Whenever an illuminated flashing red or yellow signal is used in a traffic sign or signal, it shall require obedience by vehicular traffic as follows:
(1) flashing red (stop signal): when a red lens is illuminated with rapid intermittent flashes, drivers of vehicles shall stop before entering the nearest crosswalk at an intersection or at a limit line when marked or, if none, before entering the intersection, and the right to proceed shall be subject to the rules applicable after making a stop at a stop sign; or
(2) flashing yellow (caution signal): when a yellow lens is illuminated with rapid intermittent flashes, drivers of vehicles may proceed through the intersection or pass such signal only with caution.
B. This section does not apply at railroad grade crossings. Conduct of drivers of vehicles approaching railroad grade crossings shall be governed by the rules as set forth in Section 66-7-341 NMSA 1978.
C. A person who violates the provisions of this section is guilty of a penalty assessment misdemeanor.
History: 1953 Comp., § 64-7-107, enacted by Laws 1978, ch. 35, § 387; 2018, ch. 74, § 42.
ANNOTATIONSThe 2018 amendment, effective July 1, 2018, provided a penalty for a violation of this section, made technical changes, and added Subsection C.
Flashing red signal light directs drivers of vehicles to stop, but it does not then alternately direct them to proceed as does the ordinary traffic light described in Section 66-7-105 NMSA 1978 which exhibits different colored lights successively, each color in turn directing drivers to stop, to go, etc. Similarly, a flashing yellow signal light directs drivers of vehicles to proceed with caution, but it does not alternately direct them to stop. Ward v. Ray, 1967-NMSC-264, 78 N.M. 566, 434 P.2d 388.
Entering flashing yellow intersection with view obstructed may be violation. — Where first northbound truck slowed down, for a flashing yellow light, but not as much as the second truck, and as the first truck approached the intersection, its driver's view was obstructed by the second, more cautious, truck, there was a factual question as to whether the first truck's driver complied with Section 64-16-17, 1953 Comp. (similar to this section). Butcher v. Safeway Stores, Inc., 1967-NMCA-029, 78 N.M. 593, 435 P.2d 212.
Pedestrian has right-of-way if no signal of traffic-control type. Ward v. Ray, 1967-NMSC-264, 78 N.M. 566, 434 P.2d 388.