A person shall not carry a package, bundle or article while operating a bicycle if the package, bundle or article prevents the driver from keeping at least one hand on the handlebars.
So, while you should and must ride under control for safety’s sake, it’s not intrinsically illegal to ride with no hands.
November 15, 2015 is World Day of Remembrance for Road Crash Victims. Right here in Arizona in just the last year , 884 persons were killed in Arizona traffic crashes. This includes 589 motorists, 157 pedestrians, and 28 bicyclists. Many thousands more were injured.
This year the theme is “Crash Not Accident” – an initiative focused on changing the way we think and talk about crashes. Most crashes are not “accidents”, rather they should be viewed as preventable incidents. Yet, the “A” word which connotes some level of innocence, is the ubiquitous term used in describing these incidents by media, some highway safety officials & others. Negligent, and even criminal, drivers hide behind the word, as if “lack of intent” absolves them of their actions and the hurt that they’ve caused. #CrashNotAccident
Coalition ads will be appearing in the Nov/Dec 2015 issue of Tail Winds magazine, and BikeLife Cities magazine (Tempe / Mesa / and Tucson Fall 2015 editions). Watch for it!
this is the next in an occasional series on laws governing bicycle use in Arizona
In the last installment, we noted that a bicyclist is subject to the rights and responsibilities of a “driver of a vehicle”, as well as some special rules which apply specifically to bicyclists; and that there were important legal distinctions between the driver of a motor vehicle and a bicyclist. Today we examine a special responsibility applicable only to the driver of a motor vehicle — the duty to overtake a bicyclist proceeding in the same direction not only safely, but with a minimum of three feet of clearance.
The general rule for a driver overtaking another vehicle is as follows:
§28-723. Overtaking a vehicle on the left
The following rules govern the overtaking and passing of vehicles proceeding in the same direction:
1. The driver of a vehicle overtaking another vehicle proceeding in the same direction shall pass to the left of the vehicle at a safe distance and shall not again drive to the right side of the roadway until safely clear of the overtaken vehicle…
A special rule was created by bicyclist advocates in 2000, HB2625, to bring attention to overtaking, allow for increased fines for violators, and to provide for additional educational opportunities. The rule applies only to the driver of a motor vehicle when overtaking a bicyclist, the new statute reads, in full:
§28-735. 28-735. Overtaking bicycles; civil penalties
A. When overtaking and passing a bicycle proceeding in the same direction, a person driving a motor vehicle shall exercise due care by leaving a safe distance between the motor vehicle and the bicycle of not less than three feet until the motor vehicle is safely past the overtaken bicycle.
B. If a person violates this section and the violation results in a collision causing:
1. Serious physical injury as defined in section 13-105 to another person, the violator is subject to a civil penalty of up to five hundred dollars.
2. Death to another person, the violator is subject to a civil penalty of up to one thousand dollars.
C. Subsection B of this section does not apply to a bicyclist who is injured in a vehicular traffic lane when a designated bicycle lane or path is present and passable.
Note that the minimum safe distance of not less than three feet, subsection A, applies on all streets in Arizona. Streets come in a wide variety of configurations, most streets are divided into lanes, but others are not, some have shoulders, or no shoulders, paved or unpaved, some have designated bicycle lanes, many do not. The minimum safe distance of not less than three feet applies on all streets in all configurations regardless of the position of the bicycle to be overtaken.
R4-11 BMUFL sign with Change Lanes to Pass placard
On many streets with lanes, the lane is not wide enough to safely share side-by-side with a vehicle and the bicycle. Drivers of vehicles in this situation will need to change lanes, at least partially, in order to pass safely and legally. Since the adjacent lane must be clear to move even partially into it, the Coalition encourages drivers to make a full lane change when passing, the same as when passing any other vehicle.
There is a misunderstanding that the minimum safe distance of not less than three feet does not apply on streets with designated bike lanes; this is simply not true. Subsection C states that the enhanced fines of subsection B do not apply if a bicyclist is struck while riding outside of a “passable” designated bicycle lane. It has no relevance to Subsection A. Subsection A always applies.
Note that Subsection C is presumably poorly drafted in that it does not allow for a bicyclist who is legally turning left to be “protected” by subsection B — although an overtaking motorist is still, as always, required observe the minimum safe clearances specified in subsection A.
Education
In addition to the minimum three foot passing law, HB2625 also added a new directive to include “those practices and laws relating to bicycles” (underlined below) and as a result ADOT/MVD has added a question relating to bicycles to the Arizona’s drivers license test
§28-3164.B. The (drivers license) examination shall include all of the following:
1. A test of the applicant’s:
(c) Knowledge of safe driving practices and the traffic laws of this state, including those practices and laws relating to bicycles.
In April of 2015, the city council and mayor formally adopted a resolution stating its support for the development of USBR 90 (US Bicycle Route) through the City of Apache Junction. (full text of resolution below). This included a badly-need resurfacing of Apache Trail, the main thoroughfare through town, and included the addition of designated bicycle lanes, completed in May of 2015. Continue reading Apache Trail designated part of USBR 90
In late summer of 2010, the Verde Valley Cyclists Coalition celebrated the completion of the “Red Rock Road” project on Highway 179 between Sedona and the Village of Oak Creek. This was a monumental project, in that bicycling advocacy had secured bike lanes and other bicycle-friendly features on this route [editor’s note: the city of Sedona has recently been awarded LAB bicycle friendly silver status]. A small, but vocal and constructive, group of bicycling advocates made a huge impact on the outcome of this roadway re-design. Ian Wickson, Doug Copp, Randy Victory, Daniel Paduchowski, Thomas McGoldrick and a handful of other bicyclists/advocates were responsible for shaping this project in a way that has benefited thousands of bike riders in the years since this roadway was reconfigured and reconstructed.
The Coalition of Arizona Bicyclists was invited to participate in the celebration, and we subsequently co-wrote a cover article for the League of American Bicyclists’ magazine, highlighting this achievement for 30,000+ readers. Our former VP, Dennis Dempsey, captured some of the celebratory riding in a video that we are happy to share with you leading up to the 5th anniversary of the project’s completion…enjoy!!! And, please be an advocate for cycling and/or financially support those who are working on your behalf to make Arizona a more safe and enjoyable place to ride a bike. Every donation of time or financial assistance does matter.
Thank you!
Here’s the 2010 video made for the opening celebration:
