A new year, a new session. This year, like every year, some Arizona Republican legislators were busy a work on their top priority — to finally rid Arizona of photo red enforcement once and for all. News Story.
After years of wrangling and haggling over the meaning of “A person shall maintain each license plate so it is clearly legible”. Any and all coverings, including wax according to one wag, are now banned. SB1073 has passed and was signed by the governor; the effective date is something like 90 days after the session closes; perhaps August(?). Here’s the new section: Continue reading No more covering your license plate→
An ebike bill PASSED in 2018: HB2652. Below info is for historical purposes…
[5/10/2017; bill stalled. Never got a House floor vote]
[Current Status as of 3/1/2017: 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 ] As 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 (bill died)→
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→
[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→
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.
If that link goes dead, there’s a landing page at azcourts.gov for the sentencing material.
Sentencing is fairly intricate; With felony crimes the primary determinant being whether or not the crime is sentenced as “dangerous” vs. “non-dangerous”; this apparently is determined on a case-by-case basis; and non-dangerous crimes are all probation-eligible (meaning can be no prison time; even for serious offenses)
References; here are the general rules, there are many other sub-categories with special rules for offenses e.g. involving children, or drugs:
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→
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…