§ 38-4. Authorized emergency vehicle.

(a)

The driver of an authorized emergency vehicle, when responding to an emergency call or when in pursuit of an actual or suspected violator of the law or when responding to but not upon returning from a fire alarm, may exercise the privileges set forth in this section subject to the conditions stated. The chief of the state police or the county chief of police may designate emergency vehicles and revoke the designation. When vehicles are so designated, they are authorized emergency vehicles.

(b)

The driver of an authorized emergency vehicle may:

(1)

Park or stand irrespective of the provisions of this chapter;

(2)

Proceed past a red or stop signal or stop sign, but only after slowing down as necessary for safe operation;

(3)

Exceed the maximum speed limits so long as life or property are not endangered; and

(4)

Disregard regulations governing direction of movement or turning in specified directions.

(c)

The exemptions granted to an authorized emergency vehicle apply only when the driver of the vehicle, while in motion, sounds an audible signal by bell, siren or exhaust whistle as reasonably necessary, and when the vehicle is equipped with at least one lighted lamp displaying a red light visible under normal atmospheric conditions from a distance of 500 feet to the front of the vehicle, except that an authorized emergency vehicle operated as a police vehicle need not be equipped with or display a red light visible from in front of the vehicle.

(d)

This section does not relieve the driver of an authorized emergency vehicle from the duty to drive with due regard for the safety of all persons, nor does it protect the driver from the consequences of his reckless disregard for the safety of others.

(Ord. No. 85-218, § 2, 1995; Code 1985, § 10.03.004; Ord. 02-236, § 2, 12-17-2013)

State law reference

Similar provisions, NMSA 1978, § 66-7-6.