HOUSE BILL 259

50th legislature - STATE OF NEW MEXICO - first session, 2011

INTRODUCED BY

Miguel P. Garcia

AN ACT

RELATING TO BICYCLES; PROVIDING THAT A PERSON RIDING A BICYCLE SHALL SLOW DOWN OR STOP WHEN APPROACHING A STOP SIGN OR A TRAFFIC CONTROL SIGNAL; ALLOWING BICYCLISTS TO PROCEED WITH CAUTION THROUGH AN INTERSECTION WITHOUT STOPPING IN CERTAIN CIRCUMSTANCES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. Section 66-3-701 NMSA 1978 (being Laws 1978, Chapter 35, Section 100) is amended to read:

     "66-3-701. BICYCLES--EFFECT OF REGULATIONS.--

          A. It is a misdemeanor for any person to do any act forbidden or fail to perform any act required by Sections

[64-3-701 through 64-3-707 NMSA 1953] 66-3-701 through 66-3-708 NMSA 1978.

          B. The parent of any child and the guardian of any ward shall not authorize or permit [any such] the child or ward to violate any of the provisions of the Motor Vehicle Code.

          C. [These regulations] Laws applicable to bicycles [shall] apply whenever a bicycle is operated upon any highway or upon any path set aside for the exclusive use of bicycles [subject to those exceptions stated herein]."

     SECTION 2. Section 66-3-702 NMSA 1978 (being Laws 1978, Chapter 35, Section 101) is amended to read:

     "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] provisions within Sections [64-3-701 through 64-3-707 NMSA 1953] 66-3-701 through 66-3-708 NMSA 1978 and those provisions that by their nature have no application."

     SECTION 3. A new Section 66-3-708 NMSA 1978 is enacted to read:

     "66-3-708. [NEW MATERIAL] STOP SIGNS--TRAFFIC CONTROL SIGNALS.--

          A. A person riding a bicycle and approaching a stop sign shall slow down and, if required for safety, stop before entering the intersection. After slowing to a reasonable speed or stopping, the person shall yield the right of way to a vehicle in the intersection or a vehicle approaching on another highway or street so closely as to constitute an immediate hazard during the time the person is moving across or within the intersection. After slowing to a reasonable speed and yielding the right of way if required, a person riding a bicycle may cautiously make a turn or proceed through the intersection without stopping.

          B. A person riding a bicycle and approaching a red traffic control signal shall stop before entering the intersection and shall yield to other traffic; provided that the person, after slowing to a reasonable speed and yielding the right of way if required, may cautiously make a right turn without stopping or a left turn onto a one-way highway or street without stopping."

     SECTION 4. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2011.

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