Comments on: Bicycles are not motor vehicles, and why it matters http://azbikelaw.org/blog/bicycles-are-not-motor-vehicles-and-why-it-matters/ Cycling, traffic safety and legal topics; energy, transit and transportion economics Thu, 17 May 2012 18:20:16 +0000 hourly 1 http://wordpress.org/?v=3.3 By: Bicycle license? @ Arizona Bike Law Blog http://azbikelaw.org/blog/bicycles-are-not-motor-vehicles-and-why-it-matters/comment-page-1/#comment-14663 Bicycle license? @ Arizona Bike Law Blog Mon, 12 Mar 2012 20:16:38 +0000 http://azbikelaw.org/blog/bicycles-are-not-motor-vehicles-and-why-it-matters/#comment-14663 [...] chapter it appeared in, since it specifically only applies to drivers of MOTOR vehicles. (see bicycles-are-not-motor-vehicles-and-why-it-matters for some further discussion) [...] [...] chapter it appeared in, since it specifically only applies to drivers of MOTOR vehicles. (see bicycles-are-not-motor-vehicles-and-why-it-matters for some further discussion) [...]

]]> By: azbikelaw http://azbikelaw.org/blog/bicycles-are-not-motor-vehicles-and-why-it-matters/comment-page-1/#comment-12242 azbikelaw Tue, 10 Jan 2012 02:02:14 +0000 http://azbikelaw.org/blog/bicycles-are-not-motor-vehicles-and-why-it-matters/#comment-12242 Hi Derek, You ask two questions: 1) I'm not at all sure -- I would imagine motor scooters (mopeds?) are motor vehicles. A more interesting question is: are motorized bicycles motor vehicles, per the definitions?? 2) This sounds like a rhetorical question. However, let me say regardless of what bicyclists "want", what we've already got by law is all the rights/rules of drivers of vehicles (no motor in there). see 28-812. Why do you slip in motor? Hi Derek,

You ask two questions:
1) I’m not at all sure — I would imagine motor scooters (mopeds?) are motor vehicles. A more interesting question is: are motorized bicycles motor vehicles, per the definitions??
2) This sounds like a rhetorical question. However, let me say regardless of what bicyclists “want”, what we’ve already got by law is all the rights/rules of drivers of vehicles (no motor in there). see 28-812. Why do you slip in motor?

]]> By: Derek http://azbikelaw.org/blog/bicycles-are-not-motor-vehicles-and-why-it-matters/comment-page-1/#comment-12240 Derek Tue, 10 Jan 2012 01:12:58 +0000 http://azbikelaw.org/blog/bicycles-are-not-motor-vehicles-and-why-it-matters/#comment-12240 If a 49cc motor scooter can't keep up with 45 mph traffic, is it violating ARS 28-701(E)? If we bicyclists want the same rights as drivers of motor vehicles, shouldn't we also have the same rules? If a 49cc motor scooter can’t keep up with 45 mph traffic, is it violating ARS 28-701(E)? If we bicyclists want the same rights as drivers of motor vehicles, shouldn’t we also have the same rules?

]]> By: azbikelaw http://azbikelaw.org/blog/bicycles-are-not-motor-vehicles-and-why-it-matters/comment-page-1/#comment-9936 azbikelaw Tue, 13 Sep 2011 22:08:43 +0000 http://azbikelaw.org/blog/bicycles-are-not-motor-vehicles-and-why-it-matters/#comment-9936 In years past (2000? earlier?) Tucson apparently has a "critical mass problem" to which the Tucson Police Department has conspired with the Tucson City Attorney to mis-apply 28-704(A) to cyclists. Based on news reports, apparently sometimes the cyclists are found responsible, and other times not in city court. Apparently no one to date has challenged in superior court, therefore there is no case law supporting the City of Tucson's position. In years past (2000? earlier?) Tucson apparently has a “critical mass problem” to which the Tucson Police Department has conspired with the Tucson City Attorney to mis-apply 28-704(A) to cyclists. Based on news reports, apparently sometimes the cyclists are found responsible, and other times not in city court. Apparently no one to date has challenged in superior court, therefore there is no case law supporting the City of Tucson’s position.

]]> By: Share the road @ Arizona Bike Law Blog http://azbikelaw.org/blog/bicycles-are-not-motor-vehicles-and-why-it-matters/comment-page-1/#comment-9079 Share the road @ Arizona Bike Law Blog Sat, 16 Jul 2011 17:30:14 +0000 http://azbikelaw.org/blog/bicycles-are-not-motor-vehicles-and-why-it-matters/#comment-9079 [...] are not motorist, and are not subject to laws which apply specifically to motor vehicles. See bicycles-are-not-motor-vehicles-and-why-it-matters, for [...] [...] are not motorist, and are not subject to laws which apply specifically to motor vehicles. See bicycles-are-not-motor-vehicles-and-why-it-matters, for [...]

]]> By: azbikelaw http://azbikelaw.org/blog/bicycles-are-not-motor-vehicles-and-why-it-matters/comment-page-1/#comment-7412 azbikelaw Fri, 08 Apr 2011 18:04:21 +0000 http://azbikelaw.org/blog/bicycles-are-not-motor-vehicles-and-why-it-matters/#comment-7412 28-730 Case from Mesa / A cyclist, cited for 28-730, and representing himself was found not guilty in Mesa Municipal Court. The judge agreed that this statute can not apply to cyclists, only to drivers of MOTOR vehicles, as the law states. Case Type: CIVIL TRAFFIC Docket: <a href="https://secure.mesaaz.gov/eCourt/DispReport.aspx?caseno=2010101903" rel="nofollow">2010101903</a> Violation Code: 28-730A Description: FOLLOWING TOO CLOSE Date of Violation: 12/9/2010 Disposition: <strong>Found not Guilty</strong> 28-730 Case from Mesa /
A cyclist, cited for 28-730, and representing himself was found not guilty in Mesa Municipal Court. The judge agreed that this statute can not apply to cyclists, only to drivers of MOTOR vehicles, as the law states.

Case Type: CIVIL TRAFFIC
Docket: 2010101903
Violation Code: 28-730A Description: FOLLOWING TOO CLOSE
Date of Violation: 12/9/2010
Disposition: Found not Guilty

]]> By: Bicycles aren’t vehicles @ Arizona Bike Law Blog http://azbikelaw.org/blog/bicycles-are-not-motor-vehicles-and-why-it-matters/comment-page-1/#comment-6961 Bicycles aren’t vehicles @ Arizona Bike Law Blog Sun, 20 Mar 2011 22:14:45 +0000 http://azbikelaw.org/blog/bicycles-are-not-motor-vehicles-and-why-it-matters/#comment-6961 [...] closely-related topic is Bicycles are not motor vehicles, and why it matters. bikelaw [...] [...] closely-related topic is Bicycles are not motor vehicles, and why it matters. bikelaw [...]

]]> By: azbikelaw http://azbikelaw.org/blog/bicycles-are-not-motor-vehicles-and-why-it-matters/comment-page-1/#comment-3334 azbikelaw Sat, 19 Jun 2010 22:22:46 +0000 http://azbikelaw.org/blog/bicycles-are-not-motor-vehicles-and-why-it-matters/#comment-3334 The next frontier -- some police are claiming that bikes must be going at least the speed limit, otherwise they're violating <a href="http://www.azleg.gov/ars/28/00701.htm" rel="nofollow">28-701E</a>. Where do they come up with this stuff? 28-701E does not apply to bicyclists, for the same reason as stated above -- it specifically applies only to MOTOR vehicle drivers. 28-701. Reasonable and prudent speed; prima facie evidence; exceptions... E. A person shall not drive a MOTOR vehicle at a speed that is less than the speed that is reasonable and prudent under existing conditions... The next frontier — some police are claiming that bikes must be going at least the speed limit, otherwise they’re violating 28-701E. Where do they come up with this stuff?

28-701E does not apply to bicyclists, for the same reason as stated above — it specifically applies only to MOTOR vehicle drivers.

28-701. Reasonable and prudent speed; prima facie evidence; exceptions…
E. A person shall not drive a MOTOR vehicle at a speed that is less than the speed that is reasonable and prudent under existing conditions…

]]> By: Judge to cyclist: ride in the gutter pan @ Arizona Bike Law Blog http://azbikelaw.org/blog/bicycles-are-not-motor-vehicles-and-why-it-matters/comment-page-1/#comment-2938 Judge to cyclist: ride in the gutter pan @ Arizona Bike Law Blog Sat, 10 Apr 2010 20:00:58 +0000 http://azbikelaw.org/blog/bicycles-are-not-motor-vehicles-and-why-it-matters/#comment-2938 [...] written before in Bicycles are not motor vehicles, and why it matters how 28-704A does not apply to bicycles. The judge summarily dismissed this argument; she quoted [...] [...] written before in Bicycles are not motor vehicles, and why it matters how 28-704A does not apply to bicycles. The judge summarily dismissed this argument; she quoted [...]

]]> By: Take the lane @ Arizona Bike Law Blog http://azbikelaw.org/blog/bicycles-are-not-motor-vehicles-and-why-it-matters/comment-page-1/#comment-2399 Take the lane @ Arizona Bike Law Blog Wed, 06 Jan 2010 21:34:35 +0000 http://azbikelaw.org/blog/bicycles-are-not-motor-vehicles-and-why-it-matters/#comment-2399 [...] was not at isssue in either of these cases, for some more general discussion of impeding see Bicycles are not Motor Vehicles and Why it Matters. [...] [...] was not at isssue in either of these cases, for some more general discussion of impeding see Bicycles are not Motor Vehicles and Why it Matters. [...]

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