Proposed Albuquerque ordinance toward traffic safety includes requirement to stop at crosswalks

The city of Albuquerque is proposing changes to its traffic laws that, if approved by the City Council, would require drivers to stop at crosswalks in an attempt to better protect cyclists and pedestrians.

“I think it’s a good first step,” said Melinda Montoya, whose daughter Kayla VanLandingham, 19, was fatally struck by a driver on Carlisle near Delamar on July 22. “I hope they are also able to do adequate enforcement of these laws and educate people about the changes.”

District 7 City Councilor Tammy Fiebelkorn said VanLandingham’s death “was a real turning point” for her in terms of understanding “how outdated our traffic code is.”

The city’s proposed ordinance would not only require drivers to stop at crosswalks to ensure bicyclists and pedestrians cross safely, but make it mandatory for drivers to yield while traveling across bikeways and multi-use trails — one of which VanLandingham was using when she was struck.

The ordinance would also clarify language regarding crosswalks.

“There are marked and unmarked crosswalks,” City Department of Municipal Development spokesperson Dan Mayfield said in an email. “Some are explicitly marked, like at school zones or major intersections. Others aren’t marked, but under state law they could be considered a crosswalk or maybe not.”

Mayfield continued, “So, to clear up that fuzziness and to be explicit, we are making it clear that even unmarked crossing areas, such as a corner in a neighborhood where people cross a street, a flashing yellow light without road hash marks, and HAWK (high-intensity activated crosswalk) signals are all indeed a crosswalk and you must stop for a vulnerable road user trying to cross the street.”

Vulnerable road users include bicyclists, pedestrians and e-scooter riders, he said.

“We are (at) a crossroads here, literally,” Fiebelkorn said. “It’s time to move our traffic code (ordinance) forward. It’s time to make sure that we protect everyone.”

Regarding penalties, Fiebelkorn said she wants to talk with the Albuquerque Police Department “before determining that.”

“There was nothing to cite that person (who killed VanLandingham) with because the law was so vague,” she said. “There was no reference to bicyclists. We definitely need to clarify those rules. (The ordinance) is not about punishing people, it’s about having a safer street and roadway for everybody.”

Tweaks are being made to the ordinance but Fiebelkorn said it will be introduced during a City Council meeting in October.

“What we introduce should be a really comprehensive piece of legislation that is in everyone’s best interest,” she said.

If adopted, the ordinance would be the latest change the city has made in its efforts to increase bicycle and pedestrian safety since VanLandingham’s death.

In August, the city announced it was adding a new traffic signal at the Hahn Arroyo path crossing where the teen was killed and speed cameras close by.

“The city has moved very fast (after) her loss and I feel they heard what my concerns were and are taking steps toward addressing them,” Montoya said. “Unfortunately, (as) my brother-in-law said, a law is changed typically when somebody dies. ... It just breaks my heart that these things could not have happened sooner.

“We just really need to hold our drivers more accountable because (driving) is a privilege.”