Arizona Legislation 2023

Please see:

cazbike.org/arizona-legislation-2023

Mixed in with tweaks that appear designed to increase car-use at the expense of everything else,  there are some downright extremist proposals here, including one that prohibit ADOT from building bicycle paths.

Another common-thread in these bills are a group of state legislators, all from the majority party, that complain bitterly (possibly even sometimes rightly) that the feds are “cramming” things down their throats. Hypocracy reigns however, because this same group of legislators want to turn around and cram down their own ideas onto cities and towns. In the case of the Maricopa county transportation sales tax, these state legislators feel it’s ok to dictate how Maricopa county can spend Maricopa county citizens sales taxes. In the case of photo-enforcement, it’s these state legislators attempting to prevent cities and towns from enforcing traffic laws —

    • SB1234 Wendy Rodgers; Bans Photo-enforcement of traffic law by a city or town. Background: Despite evidence photo enforcement improved safety, the state DPS discontinued photo-enforcement on freeways in 2010, and subsequently legislated a ban on the entire state highway system in 2016. The legislature has, year after year for more than a decade, proposed total bans, which would prevent cities and towns from enforcing traffic laws by photo; this year’s SB1234 is the current incarnation. [PASSED Senate GOV committee and full senate; transmitted to House 2/15]

Legislature votes to exempt self from state records laws

In other news: In early 2023, the GOP-led Arizona Senate, and GOP-led Arizona House has exempted itself from open-records laws

Legislature votes to exempt self from state records laws

The new rules allows (mandate?) destruction of legislator’s emails and texts after 90 days, and in the Senate, texts from legislator’s private devices/accounts are excluded altogether regardless of the nature of the content.

This is the opposite of transparancy.

Phoenix e-bike Ordinance (Class 3 Banned!)

e-bike?

City of Phoenix passed an ebike law recently; I was unaware.

Arizona’s state ebike laws, which were passed in 2018, are essentially mum on ebikes vis a vis sidewalks, leaving them in the same somewhat strange boat as bicycles; “what is not prohibited is allowed”. And leads to a lot of confusion as local regulations, if any, regulate sidewalk cycling. See this long discussion of Arizona’s sidewalk laws including selected municipalities. Continue reading “Phoenix e-bike Ordinance (Class 3 Banned!)”

Crosswalks, Jaywalking and Abortion?

Jaywalking suspect?

At azbikelaw, we don’t discuss abortion; but we do talk about how some police disregard the law; all while acting heavy-handed. There’s also a huge creepyness factor here in that these people that were arrested besides not doing anything illegal, and were literally not bothering anyone, they were leaving the area and were ‘caught’ on video surveillance. Continue reading “Crosswalks, Jaywalking and Abortion?”

Too narrow to share; and slow speed rules

Review of motorist slow speed rules

Slow-moving Construction vehicle impeding traffic.

— some vehicles are “slow by nature” (e.g. buses, heavy equipment, or most commonly a heavily loaded truck; especially up a grade, etc). Police seem to have no trouble understanding this is not an impeding violation… Continue reading “Too narrow to share; and slow speed rules”

Phx Police recommend officers be trained in bicycle law

More vindication to this story that began in January 2020 cyclists-stay-to-the-LEFT? where, if you will recall, the bicyclist was incorrectly ticketed with an AFRAP (As Far Right As Practicable, 28-815) violation, and found responsible at trial, and dismissed on appeal in February 2021. The facts of the case were plain and undisputed: the bicyclist’s alleged violation was for not being AFRAP while stopped at a red light. Continue reading “Phx Police recommend officers be trained in bicycle law”

Powers of local authorities

tl;dr

Cities in Arizona are granted the authority to further regulate the operation of bicycles within their jurisdiction.
This in general is bad for bicyclists.

Rules of the road are already, and best, defined for bicyclists in state law; the Arizona Revised Statutes (ARS). Bicyclists riding in the road have the rights and duties (R&D) of the driver of any (any non-motorized) vehicle (§28-812), as well a few additional specific duties; the most remarkable probably being that they have a special duty to facilitate passing of faster traffic, but only under specific conditions, and only when safe… the so-called as-far-right-as-practicable (AFRAP, sometimes referred to as far-to-the-right, FTR, rule) law, 28-815A. Continue reading “Powers of local authorities”

Cyclists, stay to the … left?

Bicyclists are required under certain conditions to be “as far right as practicable”. Why would a cyclist be, or even want to be, to the left? It turns out there are many and various reasons why, and which are not only legal, but safer for the cyclist. Staying to the left can even be more convenient for other motorists, and improve traffic flow; with one such common situation described in detail here. Continue reading “Cyclists, stay to the … left?”

Is this an e-bike?

Motrino XMr w/pedals attached

A rider near Vancouver, British Columbia was ticketed for operating his device without insurance and driver’s license. The rider claimed his device was a “Motor Assisted Cycle”, as defined in their traffic codes, while police said otherwise. A trial judge went with the police’s interpretation; and an appeal to the BC’s supreme court failed.

Continue reading “Is this an e-bike?”

Nighttime Lighting Requirements

The intricacies of these requirements vary quite a bit from state-to-state; here are Arizona’s…

there is an enormous variety of opinion in “the community” about what works best for safety (“like a christmas tree”, strobe lights, etc)… this article just lays out what is required Continue reading “Nighttime Lighting Requirements”

Scottsdale settles bicyclist injury lawsuit

There was a bunch of information published about a settlement between a bicyclist injured in 2014 and the city of Scottsdale; After much back-and-forth the city eventually settled the case for $120,000; significantly less than the $1M ask, but significantly more than the city’s earlier offer of $60,000.

The city staff reports mention the cyclist had (already) settled with the driver, presumably the driver’s insurance, and as this was a strike-from-behind they probably just accepted liability. The theory of liability with the city is they should have, but did not, provide a bicycle lane or shoulder.

It provides an look at the machinations of personal injury law that those of us on the outside don’t usually see. Continue reading “Scottsdale settles bicyclist injury lawsuit”

Tempe’s Local Ordinance — Part II

Background: in August 2019, City of Tempe made substantial changes to their local codes dealing with traffic[1]. Although the focus shifted over time (the process began soon after a Nov 2017 crosswalk death of a bicyclist), the ostensible reason to get something passed at that particular time was the feeling that escooters needed further regulation; and it would be mayhem if the fall school session began with “no laws” in place. Continue reading “Tempe’s Local Ordinance — Part II”

Tempe’s Local Ordinance

[nearly all links below went dead when City of Tempe switched document control schemes. boo. Here is current (2024) direct link to Chapter 19 on municode. This archived proposal is handy because of highlighting]

[Council Meeting 8/15/2019 ordinance was finally passed; jump below to #reference for links to document; also see efforts beginning October ’19 to update this code] Continue reading “Tempe’s Local Ordinance”

Scottsdale (and now Tempe) regulates scooter/bike sharing companies


I can’t possibly keep up with all this… but just to point out, these regulations affect the companies; and have nothing to do with operation and rules of the road. The latest being Scottsdale:

Renting a bicycle or scooter in Old Town Scottsdale? Here are the new rules to know

In one oblique reference to rules-of-the-road,  it mentions/claims “Renters can ride … scooters on sidewalks”; I don’t have time to unpack yet another set of local ordinances but I don’t see how that’s possible ; see e.g. here for Phoenix and Tempe operating ordinances. Continue reading “Scottsdale (and now Tempe) regulates scooter/bike sharing companies”