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

Bob Perls via Bike-racers bike-racers at mailman.swcp.com
Sat Mar 16 15:27:41 MDT 2019 

I agree that she should veto but you can’t line item veto a bill if it changes the fundamental intent of the bill. Line item was meant for budget items so the Governor can slash the pork. 

Sent from my iPhone.  Please forgive brevity and misspellings. 

> On Mar 16, 2019, at 13:35, John Vance via Bike-racers <bike-racers at mailman.swcp.com> wrote:
> 
> My letter for all the good it will do:
> 
> Please Veto HB 192 as amended
> 
> Dear Governor,
> 
> I have been an active cyclist and bike commuter for the past 35 years.  I have safety training from the League of American Cyclists as an Effective Cycling Instructor.  I have in the past played some small parts in advocating for better cycling legislation.
> 
> I believe HB 192 has been poison pilled by a Senate amendment and transformed into a mandatory sidepath law.  Mandatory sidepath laws are the most regressive of all commonly adopted cycling laws, and cycling advocacy groups the nation over have invested much time and money fighting against and repealing these laws over the past 50 years.  It would be a black mark on the State of New Mexico if we went against progress and allowed this measure to become law.
> 
> There is a fair body of research establishing that pathways alongside of urban roads are more dangerous for cyclists than the roads themselves, since the danger to cyclists occurs at intersections, and paths make crossing intersections harder, more complicated and more confusing.  Confusion and complexity means more accidents.  But even if that were not the case, this law is an infringement on the basic right to travel with no countervailing state interest.
> 
> Please line-item veto the section that reads "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."  Failing that, please veto the bill in its entirety, as the small benefit granted by the bill is not worth the cost.
> 
> Thank you for your consideration,
> 
> John Vance
> 
>> On Sat, Mar 16, 2019 at 1:14 PM John Vance <adogapanicinapagoda at gmail.com> wrote:
>> Scot,
>> 
>> Were you around when the Sheriff's Department was pulling over cyclists on Tramway for using the road instead of the path?  How about when they banned cyclists from 4th Street and Tramway by signage?  Any of the multiple times when the Reaper was pulled over by deputies based on their interpretation of the law?
>> 
>> We don't need to guess what the result of this law will be.  We have past experience.  Any excuse to pull over cyclists who are deemed "in the way" can and will be used.  The result inevitably will be more official and unofficial harassment, tickets, time and money fighting them, and probably a decrease in the number of people riding as a result of that harassment.
>> 
>>> On Sat, Mar 16, 2019 at 11:13 AM Scot Key <jscotkey at gmail.com> wrote:
>>> I don't think the Governor should veto the bill. I, too, ride "the road" on Tramway and would never use the multi-use path, but for a number of reasons I think the Governor should sign the bill and work instead move forward on a general and specific front. Generally, until the State/NMDOT has a solid Complete Streets statute, with buy-in and implementation from NMDOT, measures like HB 192 are mere band-aids, if that. Specifically, as a State Road, Tramway needs to be re-thought as a, perhaps, unique case although similar to non-State Roads such as Unser Blvd. that have both bike lanes and multi-use paths.
>>> 
>>> In other words, the shoulder on Tramway (and short stretches of NM-500 Rio Bravo/Dennis Chavez with both shoulder and multi-use path) needs to be designated as a bike lane, including signs/striping for re-entry into the driving lanes at intersections. This latter aspect should have happened years ago, of course.
>>> 
>>> Sensing my thoughts on this are not shared by the cycling community any more than drivers often wish to "share the road" with cyclists...but am still passing them along here and to the Governor. 
>>> 
>>> Thanks for listening...
>>> 
>>> Scot Key
>>> ABQ, NM 
>>> Better Burque
>>> jscotkey at gmail.com
>>> 
>>> 
>>> 
>>>> On Sat, Mar 16, 2019 at 10:04 AM Jennifer Buntz bikefunsafe at gmail.com [bikeabq] <bikeabq-noreply at yahoogroups.com> wrote:
>>>> All, 
>>>> We can't know how the wording of the amendment WILL be interpreted, and therein lies the problem, in my opinion anyway.  I used the link below to contact the Governor, and sent the message you can read if you're interested (see below).
>>>> 
>>>> https://www.governor.state.nm.us/contact-the-governor/ 
>>>> 
>>>> Happy riding everyone,
>>>> 
>>>> Jennifer
>>>> 
>>>> ________________________________________________________________
>>>> 
>>>> Governor Lujan Grisham, 
>>>> 
>>>> Please consider vetoing HB192, the 5 fee to pass bicycles bill. The bill was given a last minute amendment before it went to the Senate Floor, which I believe transformed the bill from one that was positive for bicyclists into one that could have very negative, if unintended, consequences for cyclists.
>>>>   
>>>> The amendment puts cyclists right to use roadways into an ill defined space that is not where the State should go with regard to supporting alternative forms of transportation.  The amendment states that "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."  It is the use of the word "practicable" and its ambiguity that is objectionable to cyclists who routinely use roadways.
>>>> 
>>>> Take the example of Tramway Boulevard in Albuquerque.  The north-south portion of Tramway Boulevard has a path adjacent to the roadway, the Tramway Recreation Trail.   While this is a fine path, it is not a path dedicated to the use of bicycles.  Many different users can be found enjoying the Tramway Recreation Trail..  Due to the variety of users, many cyclists, myself included, prefer to ride on the shoulder of Tramway Boulevard.  This choice allows groups of cyclists to ride together, and more importantly, avoids conflict with the walkers, runners, children, dogs, rollerbladers, and slower cyclists who choose the Tramway Recreation Trail.  Riding the shoulder makes this route much more expedient if you are a bicycle commuter too.  The amendment to HB192 puts this choice in jeopardy, taking it out of the hands of cyclists and leaving it up to the discretion of law enforcement and judges.  It is also likely to add to motorist/cyclist conflict.  
>>>> 
>>>> I was very disappointed that Senator Wirth and Representative Rubio allowed the bill to advance to the Senate Floor with this amendment.  Please do not let this bill become law.  The benefit of the 5 feet to pass component is not worth the difficulties that the amendment creates.  Cyclists already face many barriers.  I urge you to veto this bill so that another barrier is not added.
>>>> 
>>>> I had the pleasure of meeting you twice when you were our US Representative.  I traveled to Washington D. C. during the League of American Bicyclists annual Washington lobbying week.  It was great to meet you and I appreciated your support for transportation bills that supported cycling.  I am also one of the people from Duke City Wheelmen who places ghost bikes for cyclists who die while cycling.  
>>>> 
>>>> My objection to this amendment comes from years of advocacy work for safer cycling.  I would welcome the opportunity to speak with someone in your office about this matter, and to delve deeper into how New Mexico can be made a better place for cyclists as well as other forms of alternative transportation.  Cycling in New Mexico really should be supported as a form of recreation and as a health promoting activity too.  
>>>> 
>>>> Although this HB192 might look good at first glance, I do not believe it supports or promotes safer conditions for bicyclists in New Mexico.  Thank you for considering this opinion.  Please contact me if you have any questions.
>>>> 
>>>> With highest regards,
>>>> Jennifer Buntz
>>>> 
>>>>> On Sat, Mar 16, 2019 at 9:06 AM Neil McCasland via Bike-racers <bike-racers at mailman.swcp.com> wrote:
>>>>> Right!   Very bad implications 
>>>>> 
>>>>> Sent from my iPhone
>>>>> 
>>>>>> On Mar 16, 2019, at 7:41 AM, John Vance <adogapanicinapagoda at gmail.com> wrote:
>>>>>> 
>>>>>> And now if they hit you, you'll be presumed at fault because you by law shouldn't have been on that road.
>>>>>> 
>>>>>>> On Sat, Mar 16, 2019 at 8:35 AM Neil McCasland <neilmcc79 at gmail.com> wrote:
>>>>>>> I fear strengthening bad, aggressive, behavior by some drivers if they believe now a law says a cyclist shouldn’t be on “their” road
>>>>>>> 
>>>>>>> Neil McC
>>>>>>> 
>>>>>>> Sent from my iPhone
>>>>>>> 
>>>>>>> > On Mar 16, 2019, at 7:23 AM, dogunter <dogunter at gmail.com> wrote:
>>>>>>> > 
>>>>>>> > The amended bill has already passed the house and will be sent along to the governor for signing. The discussion is moot at this point.
>>>>>>> > David Gunter
>>>>>>> > Santa Fe, NM
>>>>>>> > 
>>>>> _______________________________________________
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>>>>> Bike-racers at mailman.swcp.com
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>>>> 
>>>> __._,_.___
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