However, we have A.R.S. 28-815(A) that requires cyclists to move to a practicable position to the right to allow motorists to pass. There are exceptions to the rule such as snow and debris that are on the right.

There is no mandatory requirement to use bike lanes, in fact, under A.R.S. 28-812, cyclists are required to use the roadway just like the driver of a vehicle, ie, lane changes and left turn bays, etc.

So, if the cyclist is going to ride in a more dangerous position of right sided travel near the edge of the roadway, that same cyclist must depend on drivers of vehicles making safe passes.

The “ride right” and “3-foot / safe passing” combination is a symbiotic relationship in the law. One cannot be enforced without the other and one cannot be ignored without the other. To break up this combination and only enforce one side of it will invariably lead to the injury or death of a cyclist.

A.R.S. 28-735(A) applies all the time, everywhere, in the lateral boundaries of the State of Arizona on any road. There is no exception. There is no magic wand that makes it safe to put a mirror over the shoulder of a cyclist when there is a stripe on the roadway. 735(B) enhances the fine from a regular civil traffic fine (about $150.00?) to something more substantial if, in the course of buzzing a cyclist, that cyclist is injured or killed. 735(c) merely sets the fine back to the original civil traffic fine amount if the cyclist has a clear and open and useable bike lane and chooses not to use it.

735(c) is prejudicial because, under 28-812 and 28-751(2), a cyclist making a left turn MUST negotiate across the through lanes and into the left turn bay to make a left turn. If at the same time, the bike lane on the right is open and passable, then 735(c) says the enhanced penalty doesn’t apply. This is an oversight on the part of our legislators and should be corrected. If a cyclist is required to vacate the bike lane and use a left turn lane, then the protections should continue to apply throughout the maneuver.

I am concerned that if the city prosecutors and law enforcement continue to erode the safety of human beings who ride bicycles by coming up with crazy interpretations of our safety laws, then someone is going to get killed.

Every road user has an expectation of safety on the road and law enforcement Constitutionally is charged with the responsibility of maintaining safety.

Every vehicle driver and motor vehicle operator MUST be instructed to pass safely and under no circumstances, pass with less than 3-feet.

The prosecutor is sworn as an attorney and officer of the court to uphold the laws of the State of Arizona. A prejudicial view that ignores our safety laws and puts human beings in harm’s way (by telling motorists it is OK to buzz cyclists if there is a white line on the road) is unconscionable.