woman killed at Tempe bus stop by out-of-control driver

3/12/2018 ~11:30am near Baseline and Priest, Tempe; 52 yo Penny L. Brown was killed by a driver who for unstated reasons lost control in a Circle K parking lot and wiped her out on the sidewalk near a bus stop…

According to police, as officers arrived at the scene, they learned that a male driver had lost control of his vehicle and struck Brown, who was standing near the bus stop on the south side of Baseline. abc15

Continue reading woman killed at Tempe bus stop by out-of-control driver

Man murdered in Scottsdale

security cam footage of assailant escaping

2/22/2018,  N Scottsdale Road, near McDowell. Why this took over three weeks to make the news is very weird!? The assailant escaped after jumping into a black 1995 to 1996 black Nissan 200SX, with a 2nd suspect already in the vehicle. Police have so far not located the suspect or vehicle.


this is a non-traffic stat.

Continue reading Man murdered in Scottsdale

Phoenix’s Sawcut ordinance

Sawcut in asphalt creates maintenance problems; especially within a bike lane. In this example, the cut was created when City of Tempe upgraded curbs for ADA purposes (Spring 2018, Warner Road and Dorsey.

Cutting into a road surface creates maintenance problems. Since the city is ultimately responsible for it, there are a set of rules, permits, and fees imposed on whomever might be doing the digging, typically an adjoining property owner (for, for example a new driveway) or utility companies, or the city itself (see example photo at right).

The aftermath of any cutting or digging in a road is particularly problematical for bicyclists when it results in longitudinal gashes/gaps/cracks… and is particularly problematical when the crack is within a Bike Lane because it can reduce the usable width to the point where traveling within the BL becomes impossible to do safely; and furthermore these dangerous conditions are unlikely to be appreciated or even noticed by motorists. Continue reading Phoenix’s Sawcut ordinance

Massive crash on Phx local street leaves driver dead

mid-day (~2pm) Thursday March 1, 2018.

A driver veered for unknown reasons causing a massive collision leaving that driver dead, and sending several to the hospital. This is on a “local” street, Roeser Rd east of 32nd St, adjacent to a nice park. “Officers are investigating whether speed or impairment were a factor in the crash” abc15 Continue reading Massive crash on Phx local street leaves driver dead

Driver kills man at Safeway

source: 3TV / CBS5

2/28/2018 ~3PM
Man dies after being hit by SUV outside Scottsdale Safeway
“The victim has been identified as 81-year-old Michael Ebertin… Police said a 70-year-old woman was behind the wheel of an SUV with another woman when she, for some reason, drove up on the sidewalk to the front of the store and hit the two men.
She stopped just short of the store.”

Continue reading Driver kills man at Safeway

Road Rage, late-night bar-hopping, and guns

Incident Feb 4, 2018 left an off-duty Tempe fire captain Kyle Brayer dead.

The defendant, Hezron Parks, has plead not guilty to a variety of charges: 3X aggravated assault, 7X endangerment, and leaving the scene, and some others.  Murder charges, if any, have yet to be brought —  “The defendant stated that he felt threatened and justified in grabbing his unholstered handgun” Continue reading Road Rage, late-night bar-hopping, and guns

River Road Fatal Crash

After striking the bicyclist, the truck spun and came to a stop facing the opposite way it had been driving. (Source: KOLD News 13)

1/31/2018 ~ 10am Victim male. Not much detail released.

Location: River Road eastbound lanes somewhere near N Shannon Rd, Pima County

The location wasn’t released, but River Road appears to be a divided arterial road with two lanes in each direction plus wide bike lanes; in addition to dedicated turn pockets.

KOLD13, UPDATE: Sheriff: Cyclist struck on River Road dies

Continue reading River Road Fatal Crash

lane-splitting is lane-sharing

This is still in quite rough form. Bear with me as I elaborate. The premise is (motorcycle) lane-splitting is related to (bicycle) lane sharing. Lane-splitting is also referred to as filtering.

Lane splitting Legal Misconception

Note that the motorcyclist is NOT driving on the lane line

I was under the impression, what I believe now to be a common misconception, that motorcycle lane-splitting refers to a motorcyclists splitting between two lanes; in other words riding on the dashed line.

There are two related traffic rules, the first is general and applies to all persons driving any vehicle: motorcyclists, motorists driving cars/trucks, and incidentally also to bicyclists. This general rule implicitly makes lane-splitting by riding on the dashed line illegal. Continue reading lane-splitting is lane-sharing

Where do traffic laws apply?

[ For where and how traffic laws in Arizona apply to bicyclists, see this article ]

The rules of the road (ROR) apply to motorists when an a road; but what about when driving in a parking lot? A private street? etc?

What are usually referred to as the ROR, like stopping, right-of-way, signals, etc, are contained in Arizona Revised Statutes, Title 28, Chapters 3. (Chapter 4 is impaired driving and is treated specifically below). Here is the key statute, along with the key definition,  emphasis added in italics:

§28-621. Applicability to vehicles on highways; exceptions

The provisions of this chapter [chapter 3, the ROR] and chapter 5 [penalties] of this title [title 28, Transportation] relating to the operation of vehicles refer exclusively to the operation of vehicles on highways except:
1. If a different place is specifically provided by statute.
2. Article 4 [hit-and-run] of this chapter and section 28-693 [reckless driving] apply on highways and elsewhere throughout this state.

§28-101, 57. “Street” or “highway” means the entire width between the boundary lines of every way if a part of the way is open to the use of the public for purposes of vehicular travel.

So the key definition being highway (synonymous with street), and encompasses the entire width; including the roadway where vehicles normally driven, any shoulders, any parking, and even any sidewalks. It also would appear from the definition of highway that it’s immaterial whether or not the land is “private property”.

The exceptions are pretty obvious: hit-and-run, as well as reckless driving apply not just when driving on roads, but  “…and elsewhere”; which means everywhere and anywhere.

I don’t know of any laws that fall into the #1 exception, where the statute explicitly states where a law might apply elsewhere. ?

So a few potential non-public categories arise

  • Gated communities (private streets): The ROR don’t apply
  • Ungated but private streets: ??
  • Private campus (e.g. campus of a private university): ??
  • Public campus (e.g. ASU, NAU, etc): I seem to remember that they are their own public agency, analogous to a city, e.g. ASU police are NCIC 797… so yes ROR would apply.
  • Commercial or private Parking lots: ? parking lots in general all seem to encompass both some areas of travel, “roads” if you will, and vehicular storage. ??

Where the ROR don’t apply, run-of-the-mill traffic violations can’t be imposed: so disregarding signs, signals, speed limits, etc can be cited. The behavior would have to rise to the level of reckless driving in order to be charged.

None of that has anything to do with civil liability in the event of a collision; just that those laws can’t be cited against a driver.

When a crash occurs involving a motor vehicle, this all ties in to whether or not crashes (and therefore injuries and fatalities) get reported via trackable means, an Arizona Crash Report; or become non-traffic incidents and not counted towards officially reported traffic statistics (i.e. in Arizona by ADOT, or federally by NHTSA)

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