Albuquerque Traffic Code Concerning Bicycles
The complete Albuquerque Ordinances can be found at the City of Albuquerque's Home Page, got to Albuquerque "A-Z", then scroll down to "Ordinances" until it comes up with the Ordinances Table of Contents. Then query for "bicycles" or look at Chapter 8, Traffic Code, Article 3, Motorcycles, Bicycles, and Toy Vehicles. There are references to bicycles in other chapters, too. Ammended 7/2003.
Chapter 8, Traffic Code,
Part 3: Bicycles
8-3-3-1 JURISDICTION.
The regulations in §§ 8-3-3-1 et seq. shall be applicable whenever a bicycle is operated on any path set aside for the exclusive use of bicycles or set aside for use of bicycles with pedestrians, motorcycles and/or horseback riders and shall also be applicable to all streets, parking lots and the like, covered by § 8-1-3-2.
('74 Code, § 9-5-16.1) (Ord. 65-1974)
8-3-3-2 PARENT'S RESPONSIBILITY.
The parent of any child and the guardian of any ward shall not authorize or knowingly permit such child or ward to violate any of the provisions of §§ 8-3-3-1 et seq.
('74 Code, § 9-5-16.2) (Ord. 65-1974)
8-3-3-3 REGISTRATION REQUIRED.
No person who resides within the city, or uses a bicycle in connection with employment within the city, shall ride or propel a bicycle on any street or upon any public path set aside for the exclusive use of bicycles within the city unless such bicycle has been registered by the city and the registration tag issued for that bicycle is attached thereto as provided in this article.
('74 Code, § 9-5-16.3) (Ord. 65-1974)
8-3-3-4 SERIAL NUMBER REQUIRED.
A. No person shall ride a bicycle unless such bicycle has a serial number imprinted upon the frame and such serial number has not been obviously altered or changed.
B. No person shall alter, obliterate or change the serial number imprinted on the frame of any bicycle.
C. No person shall sell or rent a bicycle on which the serial number imprinted on the frame has been altered, obliterated or changed.
D. This section shall not prohibit the restoration by an owner of an original serial number or mark when such restoration is made with the written approval of the Mayor or his designated representative, nor prohibit any manufacturer from placing, in the ordinary course of business, numbers or marks upon bicycles, bicycle frames or parts of bicycles.
('74 Code, § 9-5-16.4) (Ord. 65-1974)
8-3-3-5 TRAFFIC REGULATIONS APPLY.
A. Operators of bicycles have the same rights as operators of automobiles in the use of streets, highways and roadways within the city, except as otherwise specifically provided herein.
B. Every person riding a bicycle upon a roadway shall be subject to all the duties applicable to the drivers of motor vehicles, except as otherwise expressly provided in this Traffic Code and except as to those provisions of laws and ordinances which by their nature can have no applications; and each such person shall be subject to the same provisions and sections of this Traffic Code to which a motorist is subject.
('74 Code, § 9-5-16.5) (Ord. 65-1974)
8-3-3-6 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.
B. Whenever authorized signs are erected indicating that no right or left or U-turn is permitted, no person operating a bicycle shall disobey the direction of any such sign, except where such person dismounts from the bicycle to make such turn, in which event such person shall then obey the regulations applicable to pedestrians.
('74 Code, § 9-5-16.6) (Ord. 65-1974)
8-3-3-7 RIDING ON PROHIBITED STREETS OR CONTROLLED ACCESS ROADWAYS.
No person shall ride a bicycle either on any street or path where signs have been erected by the Mayor or his designated representative which prohibit the use of the street or path to bicycles, which restrict the use of the street or path to modes of transportation other than bicycles, or on controlled access streets. Notwithstanding this provision, drivers of vehicles using such streets or controlled access roadways are not relieved of responsibility of using due care.
('74 Code, § 9-5-16.7) (Ord. 65-1974)
8-3-3-8 OPERATION IN BICYCLE LANE.
Once having entered a bicycle lane, no bicyclist shall leave such lane except at intersections or, as necessary, to pass a slower bicyclist or to avoid obstacles; provided, that such person may leave a bicycle lane upon dismounting from a bicycle, walking the same, and being subject then to all laws applicable to pedestrians; provided further, that such bicyclist may leave the bicycle lane between intersections in order to make a U-turn, where such a turn is permissible for vehicular traffic, or to turn into driveways on the right or left hand sides of the bicycle lane. Upon leaving a bicycle lane, the bicyclist shall yield the right-of-way to vehicles and shall not leave the bicycle lane until it is safe to do so.
('74 Code, § 9-5-16.8) (Ord. 65-1974)
8-3-3-9 DIRECTION OF TRAVEL IN BICYCLE LANE.
No person shall ride or operate a bicycle within a bicycle lane in any direction except that permitted of vehicular traffic traveling on the same side of the roadway; provided, that bicycles may proceed either way along a lane where two-way bicycle traffic is so designated.
('74 Code, § 9-5-16.9) (Ord. 65-1974)
8-3-3-10 BICYCLE PATHS.
Whenever a usable path for bicycles has been provided adjacent to and parallel to the right hand side of the roadway, bicycle riders shall use such path and shall not use the right hand side of the roadway.
('74 Code, § 9-5-16.10) (Ord. 65-1974)
8-3-3-11 DUTY OF MOTORIST TO BICYCLIST.
A. In approaching or passing a person on a bicycle, every person operating a motor vehicle shall proceed with caution and shall pass such bicyclist at a reasonable speed and keep a safe distance from him; provided however, in no event shall a distance of less than five feet be considered a safe distance within the meaning of this division.
B. No person operating a motor vehicle shall harass or endanger a bicyclist by the movement or maneuvering of his motor vehicle.
('74 Code, § 9-5-16.11) (Ord. 65-1974)
8-3-3-12 MOTORIST TURNING ACROSS BICYCLE LANE.
A. Whenever a motorist is turning across a bicycle lane or path, such motorist shall maintain a proper lookout for bicyclists and shall yield the right-of-way to any bicyclist traveling in a bicycle lane or path and, prior to turning right, shall merge, if practicable, into the bicycle lane to his right, if any, before the start of the turning movement.
B. Nothing in this section shall be deemed to relieve the motorist of duties imposed by § 8-2-2-2. [Note 8-2-2-2(A)(1), (B)(1) and (E)(1).]
('74 Code, § 9-5-16.12) (Ord. 65-1974)
8-3-3-13 DRIVING VEHICLE ON OR ACROSS BICYCLE LANE OR PATH.
No person shall drive or operate a motor vehicle upon or across a bicycle path or lane except to cross such path or lane when turning as permitted in § 8-3-3-12, to park such vehicle, or to leave a parking space. No person shall drive upon or across a bicycle lane or path as permitted by this section except after giving the right-of-way to all bicycles within the lane or path.
('74 Code, § 9-5-16.13) (Ord. 65-1974)
8-3-3-14 RIDING ON THE RIGHT.
A. Every bicyclist upon a roadway shall ride as near to the right side of the roadway as practicable.
B. Every bicyclist, in compliance with division (A) of this section, may maintain his position on the right side of the roadway against a vehicle coming up behind him which is without room to pass in the same lane.
C. The provisions of this section shall not apply, however, when compliance with division (A) would place the bicyclist in a right-turn-only lane and the bicyclist does not intend to turn right, or when compliance with division (A) would prevent the bicyclist from making a left-hand turn from the left side of the right traveling side of the roadway.
('74 Code, § 9-5-16.14) (Ord. 65-1974)
8-3-3-15 TRAVELING IN GROUPS.
A. Persons riding bicycles in a business district of the city shall ride in single file.
B. Persons riding bicycles on a roadway other than in a business district shall not ride more than two abreast except on paths or parts of roadways set aside for the exclusive use of bicycles where more than two abreast may ride in safety.
('74 Code, § 9-5-16.15) (Ord. 65-1974)
8-3-3-16 RIDING BICYCLE ON SIDEWALK.
A. No bicyclist shall ride upon a sidewalk when it is reasonably safe for such bicyclist to ride in the street or when signs are posted prohibiting bicycles on the sidewalk, or when within a business district.
B. Whenever a person is riding a bicycle upon a sidewalk, such person shall yield the right-of-way to any pedestrian and shall give an audible signal before attempting to overtake and pass such pedestrian.
('74 Code, § 9-5-16.16) (Ord. 65-1974)
8-3-3-17 BICYCLE SPEED.
No person shall operate a bicycle at a speed either greater than the lawful speed limit or than is reasonable and prudent under the conditions then existing, whichever is the lesser.
('74 Code, § 9-5-16.17) (Ord. 65-1974)
8-3-3-18 EMERGING FROM ALLEY OR DRIVEWAY.
The operator of a bicycle emerging from an alley, driveway, bicycle path or building shall, upon approaching a sidewalk or the sidewalk area, yield the right-of-way to all pedestrians, and, before entering the roadway, shall yield the right-of-way to all vehicles approaching on said roadway.
('74 Code, § 9-5-16.18) (Ord. 65-1974)
8-3-3-19 CARRYING ARTICLES ON BICYCLE.
A. No person operating a bicycle shall carry any package, bundle or article which prevents the rider from keeping at least one hand upon the handlebars.
B. No person operating a bicycle shall transport any package, bundle or article, or any combination thereof, which interferes with the turning or braking of such bicycle, or which extends more then two feet from the front, back or sides of the frame of the bicycle, or which tends to impair the operator's control or balance. Nothing in this division shall be deemed to prohibit the use of trailers which are designed to be used with bicycles.
('74 Code, § 9-5-16.19) (Ord. 65-1974)
8-3-3-20 CLINGING TO VEHICLES.
No person riding upon a bicycle shall attach the same or himself to any moving vehicle.
('74 Code, § 9-5-16.20) (Ord. 65-1974)
8-3-3-21 TRICK RIDING.
No person shall engage in trick riding or shall ride a bicycle without at least one hand upon the handle grips.
('74 Code, § 9-5-16.21) (Ord. 65-1974)
8-3-3-22 RIDING ON THE SEAT.
No bicyclist shall ride upon a bicycle other than upon or astride a permanent and regular seat attached thereto.
('74 Code, § 9-5-16.22) (Ord. 65-1974)
8-3-3-23 SEATED PASSENGER.
A. No bicyclist shall carry a passenger on the bicycle unless the passenger is seated upon an individual seat or other carrier designed for carrying a passenger.
B. No person shall ride upon a bicycle as a passenger unless he is seated upon an individual seat or other carrier designed for carrying a passenger separate from that intended to be used by the operator.
('74 Code, § 9-5-16.23) (Ord. 65-1974)
8-3-3-24 TURNING AND HAND SIGNALS.
Before turning and altering the course of a bicycle, the bicyclist shall make sure that movement can be made safely and shall give a signal by hand in the same manner as hand signals are given by motorists to indicate the direction in which he intends to proceed.
('74 Code, § 9-5-16.24) (Ord. 65-1974)
8-3-3-25 PUSHING A BICYCLE.
Any person dismounted from and pushing a bicycle shall obey all regulations applicable to pedestrians.
('74 Code, § 9-5-16.25) (Ord. 65-1974)
8-3-3-26 PARKING OF BICYCLE.
No person shall park a bicycle other than against the curb, or in a rack to support the bicycle, or against a building, or at a curb, and then only in such a manner as not to obstruct pedestrian or vehicular traffic.
('74 Code, § 9-5-16.26) (Ord. 65-1974)
8-3-3-27 LOCKING PARKED BICYCLES.
No person shall leave a parked and unattended bicycle without first locking the bicycle in such a manner that the bicycle frame cannot be moved away from a fixed object to which it shall be locked.
('74 Code, § 9-5-16.27) (Ord. 65-1974)
8-3-3-28 BICYCLE EQUIPMENT.
A. Lamp. No person shall operate a bicycle at nighttime unless equipped with a lamp on the front which emits a white light visible from a distance of at least 500 feet from the front.
B. Reflector. No person shall operate a bicycle at nighttime unless it is equipped on the rear with a red reflector of a type which shall be visible from at least 300 feet to the rear when directly in front of lawful upper beams of headlamps on a motor vehicle. A lamp emitting a red light visible from the rear may be used in addition to the red reflector.
C. Brake. No person shall operate a bicycle unless it is equipped with a brake which will enable the operator to make the braked wheel skid on dry, level, clean pavement. It shall be presumed that the bicycle is so equipped if the bicycle, when traveling at a speed of 15 mph, is stopped within 30 feet on a dry, level, clean pavement after the brakes are applied.
('74 Code, § 9-5-16.29) (Ord. 65-1974; Am. Ord. 7-2003)