§ 38-291. Operation of vehicle on approach of authorized emergency vehicle; approach of oncoming vehicle; yield right-of-way.  


Latest version.
  • (a)

    Upon the immediate approach of an authorized emergency vehicle displaying flashing emergency lights or when the driver is giving audible signal by siren, exhaust whistle or bell, the driver of every other vehicle shall yield the right-of-way and shall immediately drive to a position parallel to, and as close as possible to, the right-hand edge or curb of the street clear of any intersection and shall stop and remain in such position until the authorized emergency vehicle has passed, except when otherwise directed by a police officer.

    (b)

    Upon the immediate approach of an oncoming emergency vehicle overtaking or attempting to overtake a vehicle proceeding in the same direction, the driver of that vehicle shall yield the right-of-way and shall drive to a position parallel to, and as close as possible to, the right-hand edge or curb of the roadway and shall remain as close as possible to the right-hand edge or curb of the roadway until the oncoming emergency vehicle has passed.

    (c)

    Upon approaching a stationary authorized emergency vehicle displaying flashing emergency lights, unless otherwise directed, the driver of a vehicle shall:

    (1)

    If reasonably safe to do so, drive in a lane not adjacent to where the authorized emergency vehicle is stopped, decrease the speed of the vehicle to a speed that is reasonable and prudent under the circumstances and proceed with caution; or

    (2)

    If it is not reasonably safe to drive in a lane not adjacent to where the authorized emergency vehicle is stopped, decrease the speed of the vehicle to a speed that is reasonable and prudent under the circumstances, proceed with caution and be prepared to stop.

    (d)

    This section shall not relieve the driver of an authorized emergency vehicle or the driver of an oncoming emergency vehicle from the duty to drive with due regard for the safety of all persons using the highway.

(Ord. No. 85-218, § 2, 1995; Code 1985, § 10.06.051; Ord. No. 02-236, § 22, 12-17-2013)

State law reference

Similar provisions, NMSA 1978, §§ 66-7-332, 66-7-332.1.