REFERENCE TITLE: passing bicycles; civil penalty
State of Arizona
First Regular Session
Senator McComish: Representatives Dial, Robson
amending section 28-735, Arizona Revised Statutes; relating to overtaking and passing bicycles.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 28-735, Arizona Revised Statutes, is amended to read:
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 if a bicyclist who is injured in a vehicular traffic lane when a designated bicycle lane or path is present and passable unless either of the following applies:
1. The person driving the motor vehicle is driving in reckless disregard for the safety of persons or property.
2. The bicyclist is in the vehicular traffic lane to do either of the following:
(a) Pass another bicyclist who is in the designated bicycle lane or path.
(b) Traverse or prepare to traverse the vehicular traffic lane to make a left turn.