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  1. #1
    Join Date
    Mar 2011
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    Default What is the Definition of "Limited Accesses" and Do Limitations Need Signage

    My question involves a traffic ticket from the state of: NM

    Here in Albuquerque, police have started ticketing cyclists for riding on a major, wide-shouldered road, claiming that bicycles are prohibited on "limited access" roadways. The road in question- Tramway- is not limited in the sense that an Interstate highway would be, and has light-governed intersections throughout. The shoulder was recently paved edge-edge for cyclists (sending a mixed message). The speed limit is 50mph (not slow, not fast).

    Seeing as there are no use restriction signs at any access points (I ride or drive this road daily), as there are on Interstate on-ramps, how can cyclists be ticked for using this road? Any thoughts? I can't find a hard & fast definition of "limited access" roadways, either on USDOT or NMDOT sites... Thanks in advance,

    marc

  2. #2
    Join Date
    Sep 2005
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    Default Re: What is the Definition of "Limited Accesses" and Do Limitations Need Signage

    I don't see a definition of "limited access" in New Mexico's statutes or state regulations. That would ordinarily mean that you would use a standard, plain language definition of the term.

    A "limited access highway" can have traffic lights. (Try driving in Los Angeles.) The question is, as implied by the name, whether access is limited. Normally that means entry ramps; sometimes it means that there are two roads in parallel with one road restricted to certain types of traffic. Limited access highways are usually designated as state or interstate highways, although that's not always the case. Was this a designated highway?

    I did find that New Mexico makes allowances for the use of bicycles on interstate highways:
    Quote Quoting New Mexico Administrative Code, Sec. 18.31.3
    18.31.3.1 ISSUING AGENCY: New Mexico State Highway and Transportation Department, Post Office Box 1149, Santa Fe, New Mexico 87504-1149 (505) 827-5547.
    18.31.3.2 SCOPE: This Rule will apply to all citizens of, and visitors to, New Mexico.


    18.31.3.3 STATUTORY AUTHORITY: Adoption of these regulations is pursuant to authority granted to the State Highway Commission under Sections 66-7-321 and 67-11-4, NMSA 1978, as amended

    18.31.3.4 DURATION: Permanent.

    18.31.3.5 EFFECTIVE DATE: March 15, 1997, unless a later date is cited at the end of a section or paragraph

    18.31.3.6 OBJECTIVE: The objective of this rule is to prohibit or regulate certain modes of transportation on limited access highways. Interstate highways are designed for motor vehicles. There is an inherent danger anytime motorized and non-motorized modes of transportation mix. There are, however, reasons for allowing bicycles on rural interstates, e.g., facilitating bicycle touring and recreation can benefit a state's economy; most western states, including four of the five states contiguous to New Mexico allow bicycles on the shoulders of interstate highways; interstate shoulders provide a less dangerous route for bike touring than some alternative rural highways; and, some bike touring routes in New Mexico can only be pursued by riding on the shoulders of some rural interstates. This rule is designed to delineate which modes of transportation are prohibited on interstates and to establish the conditions under which bicycles may be operated in interstate highways right-of-way. Allowing bicycles on the shoulders of some interstate highways is not intended to stand as a route recommendation, nor to imply that such shoulders are safer for bicyclists than other routes.

    18.31.3.7 DEFINITIONS:
    A. "Bicycle" means every device propelled by human power upon which any person may ride, having two tandem wheels, except scooters and similar devices.

    B. "Bikeway" means any road, path or way which in some manner is specifically designated as being open to bicycle travel, regardless of whether such facilities are designated for the exclusive use of bicycles or are to be shared with other transportation modes.

    C. "Equestrian" means a person on horseback.

    D. "Interstate highway" means a principal highway system between states. The highest type of arterial highway; an expressway with full control of access.

    E. "Pedestrian" means any natural person on foot.

    F. "Right-of-way" means, in the appropriate context, a general term denoting land, property or interest therein, usually in a strip, acquired for or devoted to transportation needs.

    G. "Shoulder" means outside portion of a highway contiguous to the roadway that is primarily for use by motor vehicles with problems.

    H. "Vehicle" means every device in, upon or by which any person or property is or may be transported or drawn upon a highway, including any frame, chassis or body of any vehicle or motor vehicle, except devices that are moved exclusively by human power or used exclusively upon stationary rails or tracks.
    18.31.3.8 TRANSPORTATION MODES PROHIBITED FROM INTERSTATE HIGHWAYS:
    A. Equestrians, pedestrians, other non-motorized vehicles and low-power motor vehicles, such as motor scooters and all-terrain vehicles, are prohibited from using any interstate highway right-of-way for transportation or recreation purposes. Such interstate highways shall be signed appropriately.

    B. Bicyclists are prohibited from using any interstate highway right-of-way for transportation or recreation purposes within the boundaries of cities with a population of 50,000 or more. Bicyclists are also prohibited from using any interstate highway right-of-way deemed inappropriate by the Secretary of Highways or his or her designee. Interstate highways prohibited for use by bicyclists shall be signed appropriately.

    C. Where not otherwise prohibited, bicyclists are permitted to use interstate highways in New Mexico provided that they ride on the shoulders of the interstate highways.
    You say, "The shoulder was recently paved edge-edge for cyclists" - Why do you say that this was "for cyclists"? If the shoulder is a designated bike path yet cyclists are being ticketed that would certainly be confusing.

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