Police Department
Public Safety Information
By Officer Dale Rice
Aug 10, 2004, 11:47

Release Date: August 11,2004
Incident Type: Safety Information
Contact Person: Officer Dale Rice

We in the public safety field wish to inform you on the following state laws, which are also, covered under the city ordinances. These laws are items that have/or are becoming safety issues being noticed by law enforcement officers of Clovis. The first text is that which describes all those little motorized cycles that are being sold around town, a moped. The second text pertains to drivers license and the third text pertains to walking on the street when a sidewalk is provided.

1.§66-1-4.11. Definitions. (City Ordinance 12-1-35)
As used in the Motor Vehicle Code:

F. "moped" means a two-wheeled or three-wheeled vehicle with an automatic transmission and a motor having a piston displacement of less than fifty cubic centimeters, that is capable of propelling the vehicle at a maximum speed of not more than thirty miles an hour on level ground, at sea level;

2.66-5-2. Drivers must be licensed.(City Ordinance 12-6-121.5)

A. Except those expressly exempted from the Motor Vehicle Code, no person shall drive any motor vehicle or moped upon a highway in this state unless he:
(1) holds a valid license issued under the provisions of the Motor Vehicle Code; and
(2) has surrendered to the division any other license previously issued to him by this state or by another state or country or has filed an affidavit with the division that he does not possess such other license; however, the applicant need not surrender a motorcycle license duly obtained under Paragraph (3) of Subsection A of Section 66-5-5 NMSA 1978.
B. Any person licensed under the provisions of the Motor Vehicle Code or expressly exempted from licensure may exercise the privilege granted upon all streets and highways in this state and shall not be required to obtain any other license to exercise the privilege by any county, municipality or any other local body having authority to adopt local police regulations.

3.§66-7-339. Pedestrians on roadways.(City Ordinance 12-6-14.5)
A. Where sidewalks are provided it shall be unlawful for any pedestrian to walk along and upon an adjacent roadway.
B. Where sidewalks are not provided any pedestrian walking along and upon a highway shall when practicable walk only on the left side of the roadway or its shoulder facing traffic which may approach from the opposite direction.


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