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REFERENCE TITLE: bicyclists; public ways |
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State of Arizona House of Representatives Fifty-first Legislature Second Regular Session 2014
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HB 2545 |
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Introduced by Representatives Orr, Meyer, Sherwood, Steele, Senator Farley: Representatives Brophy McGee, Coleman, Pratt, Shope, Thorpe
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AN ACT
amending sections 28-735, 28-815 and 28-898, Arizona Revised Statutes; relating to traffic and vehicle regulation.
(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 any 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. For the purposes of this subsection, a person driving a motor vehicle may cross the center lane double yellow line if necessary to pass a bicycle and no traffic is approaching from the opposite direction. If while overtaking a bicycle the driver is involved in a collision with the bicycle, the collision is prima facie evidence of the driver's failure to leave a safe distance between the motor vehicle and the 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.
Sec. 2. Section 28-815, Arizona Revised Statutes, is amended to read:
28-815. Riding on roadway, shoulder and bicycle path; bicycle path or lane usage
A. A person riding a bicycle on a roadway at less than the normal speed of traffic at the time and place and under the conditions then existing shall ride as close as practicable to the right‑hand curb or edge of the roadway, except under any of the following situations:
1. If overtaking and passing another bicycle or vehicle proceeding in the same direction.
2. If preparing for a left turn at an intersection or into a private road or driveway.
3. If reasonably necessary to avoid conditions, including fixed or moving objects, parked or moving vehicles, bicycles, pedestrians, animals or surface hazards.
4. If the lane in which the person is operating the bicycle is too narrow for a bicycle and a vehicle to travel safely side by side within the lane.
B. Persons riding bicycles on a roadway shall not ride more than two abreast except on paths or parts of roadways set aside for the exclusive use of bicycles.
C. A path or lane that is designated as a bicycle path or lane by state or local authorities is for the exclusive use of bicycles even though other uses are permitted pursuant to subsection D of this section or are otherwise permitted by state or local authorities.
D. A person shall not operate, stop, park or leave standing a vehicle on a shoulder or in a path or lane designated as a bicycle path or lane by a state or local authority except:
1. In
the case of emergency.
or
2. For crossing the shoulder, path or lane to gain access to a public or private road or driveway. The person operating the vehicle must yield to a bicyclist in the shoulder, path or lane before entering or crossing the shoulder, path or lane pursuant to this paragraph. If a collision occurs between the motor vehicle and the bicyclist, the collision is prima facie evidence of the operator's failure to yield the right-of-way.
E. Subsection D of this section does not prohibit the use of the path or lane by the appropriate local authority.
Sec. 3. Section 28-898, Arizona Revised Statutes, is amended to read:
28-898. Objects on roadway; prohibition
A. A person shall not throw or deposit on a roadway any glass bottle, glass, nails, tacks, wire, cans or other substance likely to injure a person, animal or vehicle on the roadway.
B. A person who drops or permits to be dropped or thrown on a roadway any destructive or injurious material shall immediately remove the material or cause it to be removed.
C. A person removing a wrecked or damaged vehicle from a highway shall remove to the edge or curb of the highway any glass or other injurious substance that is dropped on the highway from the vehicle.