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F I S C A L I M P A C T R E P O R T
SPONSOR Wirth
ORIGINAL DATE
LAST UPDATED
1/31/07
HB 321
SHORT TITLE Pedestrians Right of Way in Crosswalk
SB
ANALYST E. Ortiz
APPROPRIATION (dollars in thousands)
Appropriation
Recurring
or Non-Rec
Fund
Affected
FY07
FY08
NFI
(Parenthesis ( ) Indicate Expenditure Decreases)
SOURCES OF INFORMATION
LFC Files
Responses Received From
Attorney General’s Office (AGO)
Department of Public Safety (DPS)
Administrative Office of the Courts (AOC)
Department of Health (DOH)
Department of Transportation (DOH)
SUMMARY
Synopsis of Bill
House Bill 321, Requiring Vehicles to Yield the Right of Way When Pedestrians are in Cross-
walks, is aimed at improving pedestrian crosswalk safety by amending Section 66-7-334, which
does not require drivers to yield the right of way to pedestrians in a crosswalk unless “the pedes-
trian is upon the half of the roadway upon which the vehicle is traveling or when the pedestrian
is approaching so closely from the opposite half of the roadway as to be in danger." House Bill
321 would require drivers to yield the right of way to pedestrians in the crosswalk no matter
where the pedestrian is in relation to the driver and the driver’s vehicle.
SIGNIFICANT ISSUES
New Mexico has one of the highest pedestrian fatality rates in the nation per 100,000 people.
This bill would provide greater protection for pedestrians.
pg_0002
House Bill 321 – Page
2
The law currently requires that a driver yield to a pedestrian in a crosswalk only when the pedes-
trian is on the driver’s side of the road. This Bill would make it mandatory that a driver slow
down and/or yield to the pedestrian when the pedestrian is in any part of a crosswalk.
TECHNICAL ISSUES
Public Safety Department notes that enforcement of new law may be complicated/difficult when
crosswalk is on a 4 lane divided highway as this may affect traffic flow in direction furthest from
pedestrian and could cause traffic difficulties
EO/mt