[NMCycling] Fwd: HB 192 (5-Feet To Pass Bicycles) Final Vote Help

Sat Mar 16 08:21:02 MDT 2019

Fine then.  Pay my $50 ticket I received back in 1999 when Rio Rancho had a
mandatory sidepath law.  I got it for not riding on a sidewalk that was 50
feet to the right of the roadway that I could only access by picking up my
bike and walking through sand.  Tell that to the judge who laughed my
defense out of court.  Also explain to the officer who forced me on threat
of arrest to pick up my bike and walk over to that path after issuing me
the ticket.

You have no idea what you're talking about.  But I accept Paypal and Square
Cash.

I'm putting it back on Bike Racers because nothing is more important to
racing than the basic right to ride on the road.  Unless we all want to
Zwift race and train from here on out.

On Sat, Mar 16, 2019 at 8:10 AM Carl Gable <cwgable at gmail.com> wrote:

> (I'm taking the conversation off Bike Racers under the assumption that
> everyone does not want to participate in this thread...)
>
> The language in HB 192 is the very similar other laws. "Practicable" is at
> the discretion of the bicycle rider. Are there police that may give a
> bicycle rider grief when it is not appropriate. Sure. Are there police that
> may give a person of color grief when it is not appropriate? Sure. Are the
> laws subject to some interpretation? Sure. "...giant step backward..."? In
> my opinion, no. Clearly you have a different opinion and think the
> amendment will be used to keep bicycles off Tramway, NM14, etc. I'm more
> optimistic and don't see the sky falling. I guess time will tell. I don't
> think we can resolve if it is good or bad by debating it here with words
> and opinions. I think how it rolls out in practice will be what will lead
> to the conclusion of good vs. bad.
>
> *"...this is making cycling on the road illegal in large parts of the
> State..."*
> This is a really big state. I'm making up numbers but I think 99.99% of
> the roadways do not have "a separate posted or painted bicycle lane or
> pathway is provided within or adjacent to the roadway". Yes you identified
> some roads that have a bike lane or adjacent pathway that are very popular
> for road biking but, in my opinion, the language will not prohibit you from
> riding on the road if you determine, due to reason XYZ, that the road is
> safer. Might there have to be time in court to test this? Perhaps yes. I
> think the bicycle rider will prevail. Will it be a pain in the ass? Yes.
>
> *For comparison, what are we currently regulated by:*
> 2006 New Mexico Statutes - 66-3-702 — Traffic laws apply to persons riding
> bicycles.
> 66-3-702. Traffic laws apply to persons riding bicycles.
> Every person riding a bicycle upon a roadway shall be granted all of the
> rights and shall be subject to all of the duties applicable to the driver
> of a vehicle, except as to the special regulations within Sections
> 66-3-701 through 66-3-707 NMSA 1978.
>
> *It is at the discretion of the bicycle rider to decide how far to the
> right to ride. With the current language, "Bikes May Us Full Lane" is the
> law.*
> 66-3-705. Riding on roadways and bicycle paths.
> A. Every person operating a bicycle upon a roadway shall ride as near to
> the right side of the roadway as practicable, exercising due care when
> passing a standing vehicle or one proceeding in the same direction.
> B. Persons riding bicycles upon a roadway shall not ride more than two
> abreast except on paths or parts of roadways set aside for the exclusive
> use of bicycles.
> C. Notwithstanding any provision of this section, no bicycle shall be
> operated on any roadway in a manner that would create a public safety
> hazard.
>
> *Do you get a ticket if you go around a pothole in a car? No.*
> 2011 New Mexico Statutes
> Chapter 66: Motor Vehicles
> Article 7: Traffic Laws; Signs, Signals and Markings; Accidents; Weight
> and Size; Traffic Safety, 66-7-1 through 66-7-513
> Section 66-7-308: Drive on right side of roadway; exceptions.
> Universal Citation: NM Stat § 66-7-308 (1996 through 1st Sess 50th Legis)
> 66-7-308. Drive on right side of roadway; exceptions.
> A. Upon all roadways of sufficient width a vehicle shall be driven upon
> the right half of the roadway, and where *practicable*, entirely to the
> right of the center thereof, except as follows:
>
> On Sat, Mar 16, 2019 at 12:52 AM John Vance <adogapanicinapagoda at gmail.com>
> wrote:
>
>> Horsecrap.  This is a giant step backwards from the hard work advocates
>> did 20 years ago in this state.  It is never up to the cyclist's
>> determination.  It is up to the judge's.  I can tell you first hand that a
>> police officer will ticket you and a judge will fine you plus court costs
>> and your definition of "practicable" will be laughed out of court.  This
>> law means every pothole ridden bridle path that any jurisdiction decides is
>> a bicycle path will become the *only* place we're allowed to ride.
>>
>> On Fri, Mar 15, 2019 at 10:29 PM Carl Gable <cwgable at gmail.com> wrote:
>>
>>> John,
>>> I do not agree with your assessment. This new law, with amendment, is 5
>>> feet of progress with an inch or two backsliding. It is a good deal. Please
>>> support it.
>>> Carl
>>>
>>> PS: The amendment states "To the extent practicable, a person shall not
>>> operate a bicycle within a vehicle lane if a separate posted or painted
>>> bicycle lane or pathway is provided within or adjacent to the roadway" In
>>> this language the word "practicable" is key. It is up to the bicycle rider
>>> to make the determination. This same language, using the "practicable"
>>> language is what gives bicycle riders the "Bikes May Use Full Lane" right.
>>> Carl
>>>
>>>
>>>
>>> On Fri, Mar 15, 2019, 10:13 PM John Vance <adogapanicinapagoda at gmail.com>
>>> wrote:
>>>
>>>> And of course, the Senate has tacked a mandatory bike lane law onto
>>>> this legislation.  It has gone from a feel good law that in reality would
>>>> do nothing to one that does actual harm to the rights of cyclists to use
>>>> the roadways in safe and reasonable manner.
>>>>
>>>> I urge everyone to contact your House representives and ask then to
>>>> vote against the bill as amended in the Senate.
>>>>
>>>> On Sat, Mar 9, 2019 at 11:10 AM Carl Gable via Bike-racers <
>>>> bike-racers at mailman.swcp.com> wrote:
>>>>
>>>>> NM Bike Racers,
>>>>> As the note from Brian Kreimendahl below emphasizes, now is the time
>>>>> to act. It is very important to get people from ACROSS THE STATE to contact
>>>>> your state senator. The URL make is very very easy. You can do this in 3
>>>>> minutes. It is especially important that people who are NOT from the major
>>>>> cities contact their senator. This is a good think for the bicycle
>>>>> community. Please do this,
>>>>> Cheers,
>>>>> Carl
>>>>>
>>>>> ---------- Forwarded message ---------
>>>>> From: Brian Kreimendahl <bpk at zianet.com>
>>>>> Date: Sat, Mar 9, 2019 at 8:43 AM
>>>>> Subject: HB 192 (5-Feet To Pass Bicycles) Final Vote Help
>>>>> To: Brian Kreimendahl <bpk at zianet.com>
>>>>>
>>>>>
>>>>> All:
>>>>>
>>>>> HB 192 (5-Feet To Pass Bicycles Bill) is now on the Senate floor
>>>>> calendar for its final vote in the New Mexico State Legislature.  If
>>>>> approved by the full Senate, HB 192 goes to the Governor’s desk for her
>>>>> signature.
>>>>>
>>>>> So we now need you to contact your State Senator and ask for their
>>>>> support for this Bill.  This link will take you to a webpage that will
>>>>> allow you to easily input your street address to find your Senator and send
>>>>> an email of support:
>>>>>
>>>>> https://p2a.co/ye7gpCj
>>>>>
>>>>> So far we’ve won five of the six votes needed to move HB 192 through
>>>>> the legislature.  This full Senate vote is the most challenging as the
>>>>> Senate is a more conservative political body than the State House.  It is
>>>>> going to be tight and we absolutely need your help.
>>>>>
>>>>> Please feel free to circulate this email and link to others and help
>>>>> get the word out.  The Senate vote will take place during the week
>>>>> beginning Monday, March 11, and will depend on how quickly the Bills in
>>>>> front of HB 192 are debated and voted on.  The legislative session ends at
>>>>> 12:00 Noon on Saturday, March 16.
>>>>>
>>>>> The support from the bicycling community in New Mexico for this Bill
>>>>> has been tremendous and we need your help one more time.
>>>>>
>>>>> Thank you,
>>>>>
>>>>> -----------------------------------------------------
>>>>> Brian Kreimendahl
>>>>> For Bike Santa Fe
>>>>> Santa Fe, New Mexico
>>>>> Mobile: 505-228-4499
>>>>> -----------------------------------------------------
>>>>>
>>>> _______________________________________________
>>>>> Bike-racers mailing list
>>>>> Bike-racers at mailman.swcp.com
>>>>> https://mailman.swcp.com/cgi-bin/mailman/listinfo/bike-racers
>>>>>
>>>>
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