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

Sat Mar 16 08:39:03 MDT 2019

All:

Reading through the comments below, a few thoughts.

No one was in favor of the very last minute amendment to the Bill.  When those of us who followed the Bill became aware of it just before it was heard on the Senate floor we immediately and vehemently urged Senator Wirth to be against it.  I want to be clear about that.  The amendment creates uncertainty and ambiguity as to what are the rights of bicyclists to use the road.  Note: when the same Bill went through the legislature in 2011 (that was vetoed by the Governor Martinez) there no attempt to amend the Bill at the last minute.

What I have been told is that In the judgment of Sen. Wirth the Bill was not going to pass the Senate without the amendment, so he and Rep. Rubio accepted the amendment as a “friendly” amendment.  In Sen. Wirth’s and Rep. Rubio’s judgment, the 5-feet To Pass portion of the Bill was important enough in their view to accept a softly worded amendment that in their opinion would be hard to enforce.  That’s my second hand understanding of it anyway.

On the amendment language, bicyclists are already required to ride as far to the right as is practicable on a roadway by New Mexico statute. A bike lane is considered part of the roadway. So this part of the amendment is essentially duplicative of existing law. As related to bicycling "practicable" means what can be done successfully and safely and that is based on a variety of factors such as roadway conditions, convenience, and the individual cyclist's capabilities. And of course, bicyclists may use the full lane as those circumstances dictate.

I am not aware of any traffic citation issued in New Mexico or know of a any reported legal case in the state that involves a bicyclist’s judgment as to what is practicable.

It is important to distinguish between a bike lane and a paved shoulder.  The road shoulder, the portion of the pavement to the right of the white fog line, is not defined under state statute as part of the roadway and is not a bike lane and certainly not a vehicle lane.  The amendment does not apply to paved road shoulders.

There is nothing in the amendment that prevents bicyclists from riding on a shoulder (as on any part of Tramway) as again paved shoulders are not bike lanes (nor are they part of or a vehicle lane).

Bike lanes are not defined under state statute, but are described as "a portion of a roadway which has been designated by pavement markings and, if used, signs, for the preferential or exclusive use of bicyclists" under engineering standards used by the State, e.g., the American Association of State Highway Transportation Officials (AASHTO) engineering guidelines.

In my view there is nothing in the amendment that is going to force bicyclists from the Tramway shoulder on to the bicycle trail that parallels the north-south portion of Tramway.

On North 14 between Tijeras and Sandia Crest Road/Frost Road, on the right side there is paved facility in poor condition.  It also doesn’t meet engineering design standards for a multi-use trail.  This is more in the nature of a sidewalk – sidewalks are not subject to the Motor Vehicle Code.  The few green state bicycle route signs and yellow bicycle warning signs apply to the entire roadway on this section of the 14.  In my own view there is nothing in the amendment that prevents riding on the paved shoulder there and into the travel lane as practicable.  Same story for Frost Road IMHO.  BTW, NMDOT no longer formally designates state bicycle routes and any signs designating a state bicycle route are legacy signs.

If the Bill does not become law, no doubt there will be an attempt to pass a “clean” bill without the amendment in 2020.  If the Bill becomes law, there will be an attempt in 2020 to remove the amendment language

So that’s what I know..  I hope this provides some clarity as to where we are right now.

-----------------------------------------------------
Brian Kreimendahl
Santa Fe, New Mexico
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From: John Vance via Bike-racers 
Sent: Saturday, March 16, 2019 1:05 AM
To: cwgable at post.harvard.edu 
Cc: bike-racers at mailman.swcp.com 
Subject: Re: [NMCycling] Fwd: HB 192 (5-Feet To Pass Bicycles) Final VoteHelp

Want to ride Tramway?  Well now you're limited to the bike path.  Want to ride Frost?  Get on the bike path.  N 14?  Get on the bike path.  Southbound on 5th?  Get in the awful bike lane that's between the curb and parked cars.  This is even worse than I thought it was.  Instead of making cycling safer, this is making cycling on the road illegal in large parts of the State.

Were you guys not ready for this obvious and predictable maneuver to poison pill your bill?  Of course not - you can't even see how bad it is.

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
      -----------------------------------------------------
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      Bike-racers mailing list
      Bike-racers at mailman.swcp.com
      https://mailman.swcp.com/cgi-bin/mailman/listinfo/bike-racers

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