No vehicle shall be driven to the left side of the center of the roadway in overtaking and passing another vehicle proceeding in the same direction unless such left side is clearly visible and free of oncoming traffic for a sufficient distance ahead to permit such overtaking and passing to be completely made without interfering with the safe operation of any vehicle approaching from the opposite direction or any vehicle overtaken. In every event the overtaking vehicle must return to the right-hand side of the roadway before coming within one hundred feet of any vehicle approaching from the opposite direction.
History: 1953 Comp., § 64-7-312, enacted by Laws 1978, ch. 35, § 416.
ANNOTATIONSCross references. — For the penalty assessment for violation, see 66-8-116 NMSA 1978.
Passing on hill approaching sharp curve constitutes negligence per se. — Where a violation of these provisions constitutes negligent conduct per se, in an action for damages and where third truck attempting to pass on sharp curve caused collision between two other trucks, the fact that the third truck did not actually collide with either of the vehicles or that the driver did not know that a collision had occurred would be immaterial if his negligence in passing a vehicle on a hill and when approaching a curve was the proximate cause of the collision. Wilsey-Bennett Trucking Co. v. Frost, 275 F.2d 144 (10th Cir. 1960).
Am. Jur. 2d, A.L.R. and C.J.S. references. — Rights and liabilities as between drivers of motor vehicles proceeding in same direction, where one or both attempt to pass on left of another vehicle so proceeding, 27 A.L.R.2d 317.
Reciprocal rights, duties and liabilities where driver of motor vehicle attempts to pass on right of other motor vehicle proceeding in same direction, 38 A.L.R.2d 114.
Construction, applicability and effect of traffic regulation prohibiting vehicles from passing one another at street or highway intersection, 53 A.L.R.2d 850.
60A C.J.S. Motor Vehicles § 326.