[NMCycling] HB192

Jennifer Buntz via Bike-racers bike-racers at mailman.swcp.com
Fri Apr 5 10:24:24 MDT 2019


The Governor vetoed HB192 today with a thoughtful response:

Honorable Speaker Egolf and Members of the House:

Pursuant to my authority under Article IV, Section 22 of the New Mexico
Constitution, I have vetoed HOUSE BILL 192, as amended ("HB 192"), enacted
by the Fifty-Fourth Legislature, First Sessiom, 2019.

I strongly support the provisions of HB 192 that requires drivers to pass
cyclists at a reasonable speed and while keeping a safe distance of no less
than five feet.  However, I cannot support the provision added to HB 192 at
the last minute, which requires bicyclists "to the extent practicable" to
avoid riding in the roadway if a separate bike lane or path is provided
near the roadway.  This provision is ambiguous, and its broad wording may
lead to unintended consequences including widely varying enforcement.

Although it is vital that we make our roads safer for cyclists, the
ambiguous provision added to HB 192 does not give sufficiently clear
guidance to cyclists and law enforcement with respect to what conduct by
cyclists is or is not permitted.  I urge the Legislature to take up this
issue again soon and fix the ambiguities that were fatal to HB 192.

Respectfully yours,
Michelle Lujan Grisham
Governor
____________________________________________________
My statement on this development is as follows:

HB192 was a bill that mandated motorists pass cyclists with five feet of
clearance.  As the bill made its way successfully though the House to the
Senate it seemed as is we were going to see New Mexico take a step forward with
regard to cyclists' safety.  At the last minute, before the bill was to be
voted on by the full Senate, it's last hurdle, a detrimental amendment was
added.  That amendment called into question cyclists' right to choose where
to ride.  With vague wording, this amendment ruined the bill for many safe
cycling advocates.  Today, Governor Michelle Lujan Grisham vetoed HB192
with a thoughtful statement.  Advocates across the State want to thank the
Governor, those who shepherded HB 192 through this year's legislative
process and all who participated in the debate about this amendment.  We
hope that the next legislative session will see passage of a clean 5' to
pass bill and that, with the Governor's backing, additional efforts will be
made to improve traffic safety for all.

Jennifer Buntz
Duke City Wheelmen
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