Applicability Statutes — why are there two?

How do the rules of the road apply to bicyclists?

The General Rule

Here is the general rule that applies to all “persons riding a bicycle”. The first order of business is the ascertain for sure whether or not the thing you’re riding is actually a bicycle by legal definition, so check out the definition of bicycle at §28-101(6), for example bicycles can have 3 wheels (go figure), and also one of the  wheels must be at least 16 inches in diameter.

§28-812: Applicability of traffic laws to bicycle riders

A person riding a bicycle on a roadway or on a shoulder adjoining a roadway is granted all of the rights and is subject to all of the duties applicable to the driver of a vehicle by this chapter and chapters 4 and 5 of this title, except special rules in this article and except provisions of this chapter and chapters 4 and 5 of this title that by their nature can have no application.

The phrase “this chapter” refers to Chapter 3 – Traffic and Vehicle Regulation, which covers what we would commonly call the rules-of-the-road. Chapter 4 is Driving Under the Influence. And Chapter 5 is Penalties and Procedures for Vehicle Violations.

Roadway has a statutory definition.

Parental Responsibility

Additionally, there is a statute that applies only to (the parents of) minor bicycle riders. Again, note the in the definition of bicycle in §28-101(6) requires that wheels be “at least” 16 inches in diameter.

§28-811 Parent and guardian responsibility; applicability of article

A. The parent of a child and the guardian of a ward shall not authorize or knowingly permit the child or ward to violate this chapter.

B. Except as otherwise provided in this article, this chapter applies to a bicycle when it is operated on a highway or on a path set aside for the exclusive use of bicycles.

As above, “this chapter” again refers to Chapter 3. “Article” and “this article” refer to Article 11, Operation of Bicycles.  Also by the way,  the term highway has a statutory definition at §28-1171(3).

I was under the mistaken assumption that A and B, as well as the statute title were to be read  separately, and that 28-811B would therefore apply to anyone operating a bicycle. I have since been set straight; the whole statute applies only to (the parents of) minors using bicycles.

So, there then remains a bit of confusion in my mind — why is 28-811B here at all? Why wouldn’t 28-812 be good enough? and does, in the case of a minor bicyclist, the applicability differ? That is to say, is “operated on a highway or path” more broad than “on a roadway or on a shoulder adjoining a roadway”

Also §28-811(B) lacks the standard by-their-nature “escape clause”. So if we could find a law which didn’t by its nature apply under §28-812, it would still apply under §28-811(B). That doesn’t seem right. This stew of issues could have been addressed by Rosenthal v. County of Pima (see Is a Bikelane part of the Roadway?) but that opinion makes no mention of §28-812, and was based wholly on applying §28-811B.

What if the device you are riding is not a bicycle?

That’s an interesting question.