Tag Archives: legislation

Arizona Electric Bicycle Legislation

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, Worsley, is senate president so I’d have to assume it’s going to pass; and in fact 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 that 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

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

AZ Legislators finally ban (some) photo enforcement

(Photo: Mark Henle/The Republic)
(Photo: Mark Henle/The Republic)

After a decade (or more?), Arizona lawmakers have finally banned photo-enforcement; but only on roads which are part of the State Highway System. Lest you be confused, the state highway system includes not only the interstates and other “controlled-access”/ freeways, but  many miles of country highway, and also includes some what would appear to be normal city streets.

The state of arizona did used to have photo enforcement years ago on some freeways; but were removed by executive, not legislative, action.

Anyway, there are two. I mean two camera locations, in the entire state, that are affected by the ban. (I am unclear as to whether these were only speed, or red-light, or both, or just what). Continue reading AZ Legislators finally ban (some) photo enforcement

Arizona’s “Truth in Sentencing” Law

I feel like I’ve looked this up before.

Arizona passed a major overhaul to the state’s sentencing code (Senate Bill 1049, Chapter 255, 1993 laws) in the 1993 legislative session. Annoyingly, the online lookup azleg.gov doesn’t go back before 1997, so at the moment I don’t have access to the bill itself. (need to look it up thru library). Continue reading Arizona’s “Truth in Sentencing” Law

Vulnerable user legislation in Wisconsin

Readers of azbikelaw might remember I am not a fan of vulnerable user laws for reasons stated in the main article. There’s no denying this has become a major rallying point among large majorities of bicycle advocates.

Whether you think this type of law is a good idea or a bad idea,  the interplay between a bicyclist group and a motorcyclist group in Wisconsin could be informative…

Jump to the Wisconsin materials in the main article.

The REAL ID kerfluffle

In 2007 (or was it 2008; it was the 48th 2nd regular session) the state of Arizona inserted a new law into the transportation code that specifcally prevents ADOT (“the department”) from issuing DLs or IDs (i.e. motor vehicle drivers licenses, or in the case of non-drivers, state issued identification cards) that complied with federal REAL ID requirements. HB2677

The bill created statute 28-336. Continue reading The REAL ID kerfluffle

What do sawed off shotguns have to do with photo enforcement?

bear with me here…

Senate OKs bill to allow sawed-off shotguns, silencers

Arizona’s Senate gave preliminary approval Monday to a bill that would end the state’s ban on sawed-off shotguns and silencers on weapons… The proposal, contained in a surprise amendment to Senate Bill 1460, passed with Republican support and Democratic opposition… The amendment, introduced by Sen. Kelli Ward, R-Lake Havasu City, was tacked onto her bill to restore gun rights to those with felony convictions after certain waiting periods or after the convictions are legally set aside. Ward said her amendment was “constituent driven” and about “making certain things legal that are illegal,” a vague description that drew hushed snickers from some in the Senate.

“My own view,” Ward said during a break in the session, “is we have the right to keep and bear arms, and really, that right shouldn’t be infringed. The government putting any kind of regulations on that is wrong.” — azcentral.com

Meanwhile, the full senate voted down Rep. Ward’s bill to end all photo-enforcement anywhere in Arizona:

Senate slams brakes on photo-enforcement ban

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The gov’t is watching you Kelli Ward’s privacy nightmare?

Mind your speed: Photo enforcement will continue to be a tool local governments can use to control traffic, as the state Senate on Monday rejected a bill that would have banned red-light cameras and other technologies.

The issue drew bipartisan opposition, despite the argument from Sen. Kelli Ward, R-Lake Havasu City, that photo enforcement is unconstitutional and infringes on individual privacy… Safety, and an acknowledgment that local government is better able to gauge its traffic needs, prevailed as four GOP senators joined with the Democrats to kill Senate Bill 1167. Cities and towns lobbied against Ward’s bill, pointing to statistics that they say show the cameras, especially when used for red-light enforcement, cut accidents. … Ward, however, disputed many of the statistics and said the greater issue is what she perceives as the unconstitutionality of photo enforcement in the first place. Such devices, she said, collect information without the consent of the driver that can be stored by private companies and governments for later use, and they infringe on privacy rights. “You have no right to face your accuser,” when photo enforcement is used, she said. — azcentral.com

 

Continue reading What do sawed off shotguns have to do with photo enforcement?