Category Archives: bikelaw

Arizona Electric Bicycle Legislation

[Current Status as of 3/1: passed the Senate by wide margins, also passed House T&I Committee but they implied it would need to be amended to pass the floor; as of 3/19 it’s not passed the house; see below ]
ca-e-bike-croppedAs of spring 2017 there is an e-bike bill working its way through the legislature.  SB1273  (2017, 53rd/1st Regular session). This bill, if passed, would address some or all of the confusion documented at length in these pages, at least for e-bikes. The bill’s prime sponsor is Bob Worsley (R-Mesa), is senate president so I’d have to assume it’s going to pass ; [correction, Yarborough is, so I have no idea how i got that wrong] and is moving fast, as of the time of this writing (early February 2017) it has already passed the Senate Transportation and Technology Committee unanimously with little debate. Besides being senate president,  Worsley is the chairperson of the senate Transp committee. I have no idea about the house but there’s little apparently standing in the bill’s way.  Continue reading Arizona Electric Bicycle Legislation

“Evidence of Identity” Rides Again

Is this valid ID for John Doe under 28-1595C?

I’ve been following this since as far back as 1999 (a deaf-mute bicyclist was arrested and held in jail overnight because he lacked ID); with some interesting updates in 2014 (police demanding ID from an ostensibly “jaywalking” pedestrian).

The rules revolving around operators of a motor vehicle are pretty clear; drivers must have a valid drivers license for other reasons (e.g. to comply with §28-3151 ), and the DL satisfies the elements set forth in 28-1595: name, address, height, etc — but for everyone else it’s remain vague, and in fact court rulings have (repeatedly) looked at the non-motorist provision and struck it down, most recently in 2003 Atkins; and the law hasn’t changed since. Continue reading “Evidence of Identity” Rides Again

How to make a right turn

These are references to California-specific laws.

In mid December 2016 Sfbike.org (SanFrancisco Bike Coaltion) issued a warning regarding how Uber autonomously driving cars make right turns. At nearly the same time Uber has de-camped from CA (see e.g. this 12/22/2016 article from recode), literally loading their fleet onto car carriers and driving them to…. Arizona! The decision was based on CA’s regulatory environment for autonomously-driven cars; Uber decided they didn’t want to pursue special permitting which the CA DMV said was required, whereas Arizona has no special permitting required — so long as there’s a live driver sitting in the driver’s seat. More about Uber, below. Continue reading How to make a right turn

Arizona e-bike model municipal law

ca-e-bike-cropped[UPDATE: be sure and see AZ State legislation SB1273, spring 2017. This bill, if passed, would address some or all of the confusion, at least for e-bikes, mentioned below. The bill’s prime sponsor, Worsley, is senate president so I’d have to assume it’s going to pass]

This is not coincidenally  similar to legislation passed in California in 2015, and pushed by People For Bikes along with the e-bike industry, so start there.

Electric bikes fall under the category of what Arizona calls a Motorized Bicycle at the state level. There are a number of gotchas involved, which have been copiously documented on these pages, e.g. start here. The main gotcha is illustrated below about unwittingly needing a drivers license, insurance and registration.

No municipality can fix these gotchas, they can only be addressed by the state legislature. I can only speculate the idea is for Tempe (or whoever; there is similar effort for MAG to recommend/adopt model regulations) to adopt rules that would in effect only kick in when the state “fixes” the state statutes. Continue reading Arizona e-bike model municipal law

Slow by nature

slowMovingVehiclesCollageAlthough the vast majority of vehicles are driven at the “normal speed of traffic” — there are many classes of vehicle (or device) which are by their nature sometimes or always driven at less than the normal speed of traffic, yet are generally allowed on the roadway. These include both motorized and non-motorized vehicles. Operation of these vehicles/devices is allowed unless specifically prohibited; for example bicyclists and motor-driven cycles are not permitted in the roadway on limited access highways. They can also be prohibited by minimum speed limits, however as noted here, there are few if any minimum limits established anywhere in AZ.

Besides bicycles, there are many classes of vehicle permitted on any street in Arizona with limitations as noted, these are just examples, there are probably others: Continue reading Slow by nature

Bicycle Laws in the United States-Past, Present, and Future

Bicycle Laws in the United States-Past, Present, and Future is an ambitious, scholarly article written by attorney Ken McLeod, who also happens to be a member of LAB’s s Legal Affairs Committee. And has written much of the content available on LAB’s site relating to laws and legal matters, e.g. bike-law-university and the paper is reflective of the information there, just perhaps in a more technical/scholarly format. Continue reading Bicycle Laws in the United States-Past, Present, and Future

Arizona already has a “Vulnerable User Law”

Executive Summary

Arizona already has a law that functions very much like a “Vulnerable User Law“, it is applicable in virtually all cases where a driver causes a collision resulting in a pedestrian serious injury/fatality; and in many cases where the victim is a bicyclist.

 

On March 3, 2012 bicyclist Sean Mccarty was riding in a bike lane in north Scottsdale when a motorist for unknown or unstated reasons swerved or drifted partially from Lane 2 into the bike lane, striking and killing the bicyclist. Possible criminal actions on the part of the driver such as excessive speed, or impairment were quickly ruled out by investigators, and the motorist was very quickly issued two traffic citations, 28-735 (the “three foot” rule) and another for 28-815D (driving in a bike lane prohibited); and paid a fine of $420 [1]. Very similar situations occurred in the fatal collisions of both Allen Johnson in Pima County, and Jerome Featherman in Green Valley. Continue reading Arizona already has a “Vulnerable User Law”

Ride With Traffic

R5-1b (top) with R9-3cP plaque (bottom)
The most concise, least able to be misconstrued, message about which direction a bicyclist must operate, is “Ride With Traffic”, it’s the inscription on a R9-3cP plaque. But what is “with traffic”, or “the flow of traffic” or “the direction of traffic”? And why do we so often hear “ride right”, “bike right”, “Be a Roll Model: Ride on the Right” or some other clever-sounding catchphrase? Continue reading Ride With Traffic