A. Subject to the requirements of Section 66-3-847 NMSA 1978, no person shall drive any vehicle equipped with solid rubber or cushion tires at a speed greater than ten miles per hour.
B. A person shall not drive a vehicle over any bridge or other elevated structure constituting a part of a highway at a speed that is greater than the maximum speed that can be maintained with safety to the bridge or structure when such structure is signposted as provided in this section.
C. The state transportation commission upon request from a local authority shall, or upon its own initiative may, conduct an investigation of any bridge or other elevated structure constituting a part of a highway, and if it finds that the structure cannot with safety to itself withstand vehicles traveling at the speed otherwise permissible under the Motor Vehicle Code, the commission shall determine and declare the maximum speed of vehicles that the structure can withstand and shall cause or permit suitable signs stating the maximum speed to be erected and maintained at a minimum distance of three hundred feet before each end of the structure.
D. Upon the trial of a person charged with a violation of this section, proof of determination of the maximum speed by the state transportation commission and the existence of suitable signs constitutes conclusive evidence of the maximum speed that can be maintained with safety to the bridge or structure.
History: 1953 Comp., § 64-7-306, enacted by Laws 1978, ch. 35, § 410; 2003, ch. 142, § 16.
ANNOTATIONSCross references. — For the penalty assessment for violation, see 66-8-116 NMSA 1978.
The 2003 amendment, effective July 1, 2003, rewrote the section heading; substituted "66-3-847 NMSA 1978" for "64-3-847 NMSA 1953" and deleted "a maximum of" preceding "ten miles per hour" in Subsection A; and substituted "transportation commission" for "highway commission" in Subsection C.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 60A C.J.S. Motor Vehicles § 246.