Committee moves safety bill allowing officers, DOT staff to remove hazardous vehicles from roadways
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Summary
House Bill 314 would allow law‑enforcement officers and DOT employees to remove vehicles, cargo or debris from public roadways when they create an immediate hazard; backers said the change reduces secondary‑crash risk and clears traffic faster.
Representative McNeil Mejia presented House Bill 314, a safety bill that would authorize law‑enforcement officers and Department of Transportation employees to remove a motor vehicle, cargo, or debris from public roadways or highway rights‑of‑way when it constitutes an immediate public‑safety hazard.
Major Alex Rodriguez of the New Mexico State Police told the committee the change is intended to reduce the risk of secondary crashes and shorten traffic delays. “For every minute that lane of travel is closed down, it increases the opportunity for a secondary crash by about 2.8%,” Major Rodriguez said, and he described how clearing a disabled vehicle to a safe location reduces exposure to struck‑by incidents for emergency responders and towing personnel.
The Nut Graf: Supporters — including the New Mexico State Police, DOT and the Associated Contractors of New Mexico — said allowing on‑scene personnel to clear hazards promptly would save lives and reduce traffic impacts. The New Mexico Towing Association opposed aspects of the bill, saying it risks shifting liability to towing operators or to vehicle owners if an officer or DOT employee moves a vehicle and causes additional damage.
Support testimony: Major Robert Allgaier (New Mexico State Police) and Ricky Charner (Department of Transportation) said the change would protect responders and restore traffic flow more quickly. Jim Garcia (Associated Contractors of New Mexico) also voiced support.
Opposition testimony: Amy Barela (New Mexico Towing Association) said the bill’s current language “only opens up liability if the officer hooks up to a car with a chain and causes more damage,” and she urged clarity about who bears responsibility for damage caused during removal.
Members discussed liability language and standards for removing property. Representative Hockman Vigil and ranking member Brown expressed support but asked sponsors to consider adding negligence or liability protections for owners and towing operators; Representative Lindstrom moved for a do‑pass recommendation; Representative Borrego seconded. The committee held a roll call and the motion passed.
Ending: The committee recommended HB314 as drafted for further consideration and sponsors said they will continue to work on liability language to address towing industry concerns as the bill proceeds.
