Category Archives: bikelaw

Arizona e-bike model municipal law

ca-e-bike-cropped[UPDATE: spring 2018 in AZ State legislature, HB2652, has PASSED; how this relates to local laws isn’t completely clear to me]

This is not coincidentally  similar to legislation passed in California in 2015, and pushed by People For Bikes along with the e-bike industry, so start there. I say similar because it’s odd it doesn’t follow the class 1/2/3 in the CA (and as of Aug 2018 the AZ law?)

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.

 

[ UPDATE: in 2018 the legislature increase penalities for the law referenced below; see 28-672, 675 & 676 ]

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

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.

Phoenix media blitz addresses wrong-way riding

Phoenix last week rolled out a major media blitz to target wrong-way riding

bike-sign-2-tipsThey all struggle with the fact that the direction of riding on sidewalks, in Phoenix, is not regulated. In other words, it’s not illegal to ride counter-flow on Phoenix sidewalks. But they didn’t do a scrupulous job of noting the difference between legal counter-flow sidewalk riding, and the (always) illegal counter-flow street riding. Since the State of Arizona has chosen not to regulate riding on the sidewalk at all, and individual cites do, the topic is voluminous —  for much much more about sidewalk riding see sidewalk-cycling-in-arizona.

So some of the stories take odd turns, like the the notion that “…because riding a short distance against traffic sometimes might be safer, Wilcoxon says”.  Oh my. Continue reading Phoenix media blitz addresses wrong-way riding