View Single Post
Old 08-10-13 | 09:22 AM
  #27  
Bug Shield
Full Member
 
Joined: May 2011
Posts: 288
Likes: 20
From: The White Mountains of AZ
Problems enforcing the safe passing law

Originally Posted by http://www.azleg.state.az.us/ars/28/00735.htm
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.
By my estimation there are three problems with enforcing the Arizona safe passing law.

1. No measurement of passing clearance is typically recorded. My flag is a 3-foot measuring device in addition to an aid in visibility.

2. Without some sort of evidence, the unsafe pass winds up being a case of driver's word against the cyclist's. This is what a video camera can help.

3. The law has no teeth unless a cyclist is injured or killed. I think a violation of the law may still be grounds for a reckless driving charge but I am not a lawyer.

PS. It sure is nice to know that Arizona places such a high value on my life.
Bug Shield is offline  
Reply