New Ordinance Requires Sharing Road

The start of March comes with a new law for El Paso motorists, requiring them to share the road with bicyclists and pedestrians. .

The ordinance was passed in December 2010 - days after a bicyclist had his back broken by a 19-year-old driver who allegedly didn't yield the road.

"A lot of people here sometimes don't pay attention, like anywhere, so it would be good if it was in people's minds to be more conscious what the law is and what the penalty may be," Scott Hinchman of west El Paso told The KFOX-14 Morning News Tuesday.

The Texas Department of Transportation reports nearly 1,000 pedestrians have been hit in El Paso over the last two years alone.

The new ordinance protects 'vulnerable road users': walkers, runners, bicyclists, and construction workers among others when they are either in the road or close to its edge. It requires drivers to changes lanes where possible - or where not possible, to at least give the vulnerable road user at least three feet of clearance. Six feet of clearance is required for for commercial vehicles.

Late last year, KFOX-14 talked to one bicyclist who knows what happens when drivers don't share the road.

"I was rear-ended. I was ejected from my bicycle. I was fortunate, though. I was able to walk away," said David Briseno. He survived a collision on his bicycle with a car, but suffered a hairline fracture on his shoulder and left knee.

El Pasoans KFOX-14 spoke to say the ordinance is a good idea. "Maybe they'll think twice before speeding by somebody and possibly risking their lives without thinking about it," Hinchman said.

But, "...when you got traffic going both ways on a narrow street what if they don't have the room to give them that three feet?" asked Frank Fudge of west El Paso.

The El Paso Police Department says the answer is decided on a case by case basis.

Officers will have to actually witness violations, and use their judgment whether or not to cite drivers. The penalty for breaking the law starting today will be a class C misdemeanor with a fine of up to $500.

Something some we talked to is a high price for a little courtesy.

"Anyone with common sense would know if you have pedestrian on the street you give them room. It's also courtesy, but people don't have enough courtesy. If it's got to be enforced by law so be it," said Fudge.

When the ordinance was approved by El Paso City Council by a 7-1 margin last December, KFOX-14 reporter Daniel Novick outlined all the issues regarding the law:

WHO IS A VULNERABLE ROAD USER? Pedestrian, runner, physically disabled person, highway construction/maintenance worker, tow truck operator, utility worker, person on horseback, a person operating equipment other than a motor vehicle, including, but not limited to a bicycle, hand cycle, horse-driven conveyance, or unprotected farm equipment, a worker with legitimate business in or near the road or right-of-way, or stranded motorist or passenger.

WHAT MUST A DRIVER DO An operator of a motor vehicle passing a Vulnerable Road User operating on a highway or street shall:

Vacate the lane being used by the Vulnerable Road User if two or more lanes exist

Pass the Vulnerable Road User at a safe distance, three feet if the operator’s vehicle is a passenger car or light truck and six feet if the vehicle is larger than a light truck to include commercial motor vehicles

Operators of Motor Vehicles making a left turn at an intersection, alley, or private road or driveway shall yield right of way to a Vulnerable Road User

The operator of a motor vehicle may not overtake a Vulnerable Road User traveling in the same direction and subsequently make a right turn in front of the Vulnerable Road User unless the operator is safely clear of the vulnerable road user

An operator may not drive a vehicle in a manner that cause intimidation, harassment or threatens a Vulnerable Road User.

DEFENSE TO PROSECUTION It is a defense to prosecution under this section that at the time of the offense the Vulnerable Road User was acting in violation of the law.

QUICK REVIEW The operator of a motor vehicle must create a safe environment for a Vulnerable Road User by giving them space on the road and yielding the right of way.

FINE FOR VIOLATION OF ORDINANCE NO. 017466 Fine up to $500