New Mexico moving closer to a 5 Foot Safe Passing Law
Having passed through both the New Mexico Senate and House, New Mexico Governor Susana Martinez now has twenty days to sign SB 124 in order to make this bill into law. This would be the first statewide 5 foot Safe Passing law in the nation.
SB 124 clarifies to motorists what a safe passing distance is, provides a safe operating space for cyclists across the state and creates another tool for law enforcement when responding to aggressive drivers and crashes; as well as an opportunity to educate motorists and cyclists on how to share the road safely.
Cyclists in New Mexico should contact Governor Martinez through our Advocacy Center and urge her to sign SB 124 into law.

Jeff Peel
State and Local Advocacy Coordinator
Peel joined the League in March 2008 as a Program Specialist for the Bicycle Friendly Communities program. Peel has a BA in American Studies from the University of Southern Mississippi.

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March 18th, 2011 at 4:39 pm
visit bikesantafe.org for more info.
March 21st, 2011 at 3:19 pm
What is tragic is that such bills won’t make a damn bit of difference in New Mexico until the underlying culture of indifference changes. If this bill is a sign of a cultural change, all the better. I remain a skeptic.
A fatal overtaking crash two weeks ago (see below) didn’t even result in an unsafe passing citation to a motorist, even though that is already possible under existing state law under 66-7-310. Nor was a careless driving arrest made (66-8-114). What makes anyone so sure the cop would cite under a five foot law?
In other bad news in the Land of Enchantment, House Bill 68, which would have increased penalties for deaths and injuries due to careless driving, and which was supported by both the cycling and motorcycling fraternities, seems to have stalled in the Senate and will not make it to the governor’s desk, at least in this legislative session.
http://www.nmlegis.gov/lcs/_session.aspx?Chamber=H&LegType=B&LegNo=68&year=11
More from the comments above. A cyclist was killed about two weeks ago when a motorist (a law enforcement official–go figure) inexplicably hit him squarely from behind on a 65 mph road. The road in question is a popular State Bike Route near Las Cruces which has, inexplicably for a high speed State Bike Route, lip-paved shoulders. After a brief investigation, no charges were made against the motorist.
I don’t think a five foot law would bring that cyclist back to life since for whatever reasons, the motorist didn’t even give him zero feet. What may have kept him alive would have been better shoulder paving practices and better enforcement with enhanced penalties for such colossal blunders. Some concern from NMDOT to not create dangerous shoulders on high speed Bike Routes would help. As would the State Police not reacting with a cynical attitude towards the cyclist’s death, i.e., a State Police spokesperson was quoted, after the death, as saying cyclists should visit their local bike shops to find information on other places to ride, since according to our State Police, we can’t use our State Bike Routes.
The only bit of good news? Diane Albert is now on the LAB National Board. Maybe she can rattle some cages back here with national clout.
March 21st, 2011 at 3:39 pm
Here are pics of that Las Cruces area crash site. Scroll down to rows 3-6 to see the shoulder profiles.
http://www.facebook.com/album.php?aid=2115663&id=1410833360&l=08b61f6e1d
Rest in Peace, Dr. Fronczek. We won’t rest until we see change.