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.