Arizona Revised Statutes

Title 28 - Transportation Laws

Revisions Effective April 17, 2000.

Chapter 1. Definitions and Penalties

Article 1. Definitions

• 28-101. Definitions
  
  
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  • 5. "Bicycle" means a device that is propelled by human power and on which a person may ride and that has either:
    • (a) Two tandem wheels, either of which is more than sixteen inches in diameter.
    • (b) Three wheels in contact with the ground, any of which is more than sixteen inches in diameter.
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  • 50. "Vehicle" means a device in, on or by which a person or property is or may be transported or drawn on a highway, excluding devices moved by human power or used exclusively on stationary rails or tracks.

Chapter 6. Uniform Act Regulating Traffic on Highways

Article 6 - Speed Restrictions

• 28-704. Minimum speed limits; requirement to turn off roadway
  
  
  • A. A person shall not drive a motor vehicle at such a slow speed as to impede or block the normal and reasonable movement of traffic except when reduced speed is necessary for safe operation or in compliance with law.
  • B. If the director or local authorities within their respective jurisdictions determine on the basis of an engineering and traffic investigation that slow speeds on any part of a highway consistently impede the normal and reasonable movement of traffic, the director or local authority may determine and declare a minimum speed limit below which a person shall not drive a vehicle except when necessary for safe operation or in compliance with law.
  • C. If a person is driving a vehicle at a speed less than the normal flow of traffic at the particular time and place on a two-lane highway where passing is unsafe, and if five or more vehicles are formed in a line behind the vehicle, the person shall turn the vehicle off the roadway at the nearest place designated as a turnout by signs erected by the director or a local authority, or wherever sufficient area for a safe turnout exists, in order to permit the vehicles following to proceed.

Article 7. Driving on the Right Side of the Roadway, Overtaking, and Passing

• 28-724. Overtaking on the right
  
  
  • A. The driver of a vehicle may overtake and pass on the right of another vehicle only under the following conditions:
    1. When the vehicle overtaken is making or about to make a left turn.
    2. On a street or highway with unobstructed pavement that is not occupied by parked vehicles and that is of sufficient width for two or more lines of moving vehicles in each direction.
    3. On a one-way street or on a roadway on which traffic is restricted to one direction of movement and if the roadway is free from obstructions and of sufficient width for two or more lines of moving vehicles.
  • B. The driver of a vehicle may overtake and pass another vehicle on the right only under conditions permitting the movement in safety. The driver shall not make the movement by driving off the pavement or main traveled portion of the roadway.

• Section 1. Title 28, chapter 3, article 7, Arizona Revised Statutes, is amended by adding section 28-735, 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 violater is subject to a civil penalty of up to five hundred dollars.
    
    
    • 2. Death to another person, the violater 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









Article 8. Turning, Starting and Signals on Stopping and Turning





• 28-756. Method of giving hand and arm signals
  
  
  • A. Except as provided by subsection B, a person shall give all hand and arm signals required by this article from the left side of the vehicle in the following manner, and the signals shall indicate as follows:
    1. Left turn. Hand and arm extended horizontally.
    2. Right turn. Hand and arm extended upward.
    3. Stop or decrease speed. Hand and arm extended downward.
  • B. A person operating a bicycle may give a right turn signal by extending the right hand and arm horizontally and to the right side of the bicycle.






Article 11. Operation of Bicycles





• 28-811. Parent and guardian responsibility; applicability of article
  
  
  • A. The parent of a child and the guardian of a ward shall not authorize or knowingly permit the child or ward to violate this chapter.
  • B. Except as otherwise provided in this article, this chapter applies to a bicycle when it is operated on a highway or on a path set aside for the exclusive use of bicycles.
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• 28-812. Applicability of traffic laws to bicycle riders
  
  
  • A person riding a bicycle on a roadway or on a shoulder adjoining a roadway is granted all of the rights and is subject to all of the duties applicable to the driver of a vehicle by this chapter and chapters 4 and 5 of this title, except special rules in this article and except provisions of this chapter and chapters 4 and 5 of this title that by their nature can have no application.
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• 28-813. Riding on bicycles
  
  
  • A. A person propelling a bicycle shall not ride other than upon or astride a permanent and regular seat attached to the bicycle.
  • B. A person shall not use a bicycle to carry more persons at one time than the number for which it is designed and equipped.
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• 28-814. Clinging to vehicle
  
  
  • A person riding on a bicycle, coaster, sled or toy vehicle or on roller skates shall not attach the bicycle, coaster, sled, toy vehicle or roller skates or that person to a vehicle on a roadway.
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• 28-815. Riding on roadways and bicycle paths; prohibition of motor vehicle traffic on bike paths
  
  
  • 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 upon a roadway shall not ride more than two abreast except on paths or parts of roadway 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 or are otherwise permitted by state or local authorities.
  • D. A person shall not operate, stop, park or leave standing a vehicle in a path or lane designated as a bicycle path or lane by a state or local authority except in the case of emergency or for crossing the path or lane to gain access to a public or private road or driveway.
  • E. Subsection D does not prohibit the use of the path or lane by the appropriate local authority.
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• 28-816. Carrying article on bicycles
  
  
  • 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.
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• 28-817. Bicycle equipment
  
  
  • A. A bicycle that is used at nighttime shall have a lamp on the front that emits a white light visible from a distance of at least five hundred feet to the front and a red reflector on the rear of a type that is approved by the department and that is visible from all distances from fifty feet to three hundred feet to the rear when the reflector is directly in front of lawful upper beams of head lamps on a motor vehicle. A bicycle may have a lamp that emits a red light visible from a distance of five hundred feet to the rear in addition to the red reflector.
  • B. A person shall not operate a bicycle that is equipped with a siren or whistle.
  • C. A bicycle shall be equipped with a brake that enables the operator to make the braked wheels skid on dry, level, clean pavement.
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• 28-818. Bicycle safety fund
  
  
  • A. A bicycle safety fund is established. The department shall administer the fund. The fund consists of monies received from:
    1. The federal government or any agency of the federal government for any purpose authorized by this section.
    2. Donations.
    3. This state or any agency of this state for any purpose authorized by this section.
  • B. The department:
    1. May designate monies deposited in the bicycle safety fund for use only for specified purposes consistent with this section and only for use in specified political subdivisions of this state.
    2. Shall spend monies contributed by a political subdivision to the bicycle safety fund and any donation to the fund designated for use in a political subdivision and any matching monies deposited in the fund as a result of the contribution or donation only for use in the political subdivision.
    3. Shall only spend monies from the bicycle safety fund as follows:
       • (a) For planning, engineering, constructing and maintaining bicycle paths and bicycle lanes.
       • (b) As matching monies to be used with federal or local monies spent for planning, engineering, constructing or maintaining bicycle paths and bicycle lanes.
       • (c) As matching monies to be used with federal or local monies spent for planning and implementing safety programs.
  • C. Monies in the bicycle safety fund are exempt from the provisions of section 35-190 relating to lapsing of appropriations. The department may spend monies in the fund for purposes authorized by this section subject to legislative appropriation.






Article 16. Equipment

• 28-947. Special restrictions on lamps
  
  
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  • D. A vehicle may have lamps that may be used to warn the operators of other vehicles of the presence of a vehicular traffic hazard requiring the exercise of unusual care in approaching, overtaking or passing. The vehicle may display these lamps as a warning in addition to any other warning signals required by this article. The lamps used to display the warning to the front shall be mounted at the same level and as widely spaced laterally as practicable and shall display simultaneously flashing white or amber lights or any shade of color between white and amber. The lamps used to display the warning to the rear shall be mounted at the same level and as widely spaced laterally as practicable and shall show simultaneously flashing amber or red lights or any shade of color between amber and red. These warning lights shall be visible from a distance of at least one thousand five hundred feet under normal atmospheric conditions at night.



Sec. 2. Section 28-3164, Arizona Revised Statutes


28-3164. Original applicants; examination

• A. The department may examine an applicant for an original driver license or the department may accept the examination conducted by an authorized third party pursuant to chapter 13 of this title or documentation of successful completion of a driver education course approved by the department. The examination shall include all of the following:
  
  • 1. A test of the applicant's:
    
    • (a) Eyesight.
    
    
    • (b) Ability to read and understand official traffic control devices.
    
    
    • (c) Knowledge of safe driving practices and the traffic laws of this state, including those practices and laws relating to bicycles.
    
    
  • 2. An actual demonstration of ability to exercise ordinary and reasonable control in the operation of a vehicle or vehicle combination of the type covered by the license classification or endorsement for which the applicant applies.
  
  
  • 3. Other physical and mental examinations if the department finds them necessary to determine the applicant's fitness to safely operate a motor vehicle on the highways.
  
  
• B. The department may examine an original applicant for a class M license or a motorcycle endorsement or the department may accept the examination conducted by an authorized third party pursuant to chapter 13, article 1 of this title. The department may examine an applicant who has a motorcycle license from another jurisdiction. This examination shall be the same as for all applicants, except that the department may make modifications it finds necessary to determine the applicant's fitness to operate a motorcycle, motor driven cycle or moped on the highways.



• C. The department shall examine a person who holds a driver license issued by another country and who applies for an initial license in this state as an original applicant, except that the department may waive an actual demonstration of the ability to exercise ordinary and reasonable control in the operation of a motor vehicle if the person applies for a class D or G license and appears to meet the department's medical qualifications and if the out of state license is not revoked or is not expired for more than one year.



• D. The department may waive the driving examination for initial applicants for a class M license or a motorcycle endorsement if all of the following conditions exist:
  
  • 1. The applicant's current license indicates the applicant has been specifically licensed to operate a motorcycle.
  
  
  • 2. The applicant appears to meet the department's medical qualifications.
  
  
  • 3. The applicant's out of state license is not revoked or is not expired for more than one year.
  
  






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For more information on Arizona state laws:

Arizona Transportation Laws - Title 28

Arizona Revised Statutes Link Page

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Return to Information on Bicycling in Arizona

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Updated 19 October 2000

Sign images are from the Manual of Traffic Signs.

Scripting: Jessica Mosher, Arizona Bicycle Club
azbikeclub@yahoo.com