[NMCycling] Idaho Stop may not be legal in Albuquerque and other cities with bike ordinances

[Nono Yobiz]

In short:

NMSA 66-7-9 grants local authorities broad powers to regulate bicycles.
They can require you to use the sidewalk, not use the sidewalk, use a
sidepath, or completely ban you from certain streets.  Establishing local
laws for stop signs and stop lights for bicyclists is within their power.

Albuquerque has such an ordinance.

§ 8-3-3-5 OBEDIENCE TO TRAFFIC CONTROL DEVICES.
   (A)   Any person operating a bicycle shall obey the instructions of
official traffic control signals, signs, and other control devices
applicable to vehicles, unless otherwise directed by a police officer.

It doesn't say anything about being exempted from stopping at stop signs or
from waiting at a red light until a green is shown.  These are the clear
meanings of stop signs and control signals in the MUTCD.  It's a pretty
straightforward argument that the new State law is superseded by this
explicit local ordinance regulating bicycles.

It appears that if you perform an  Idaho Stop in Albuquerque, you could be
stopped and cited.

Any attorneys on this list versed in traffic law who would care to weigh in
on this?
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