Help reading bike law codes in two cities.

[rbelisle1]

Hello all,
Is there a lawyer in the house????

Wanting to be a good ebike citizen, I thought I should check the electric bike laws of the cities I bike through to get to work. The two cities are Mesa AZ and Tempe AZ. So a little internet research finds the attached laws. I numbered each line with "line x" where x is a letter, this is so any discussion of exact lines would be just that "exact"

I believe that state law supersedes the City laws, except were the State explicitly hands over the laws to the cities. Now for the really interesting part. Mesa in line "ff" defines a moped as a bike with any helper motor. So I would read that as electric and gas both, ok with me, but the law also says that you must register your moped with the MVD (a state body)... but in line "m", an exerpt from the state laws, there is a statement that cities can not require an electric bike to be registered and licensed.... Did I read it wrong? Are there to many assumptions on my part???? Help!!!!

As I live in Mesa, I would also like to discuss the limited use of electric bikes on city streets, with City officals, Does anyone have any ideas who to start contacting or any good ideas about pilot electric bike programs that latter turned into good laws.. or any cities with great electric bike laws!!!!! Is there any success stories I can capitalize on???

Here are the excerpts of the laws with URL's included.

line a. State of arizona
line b. From: http://www.azleg.state.az.us/ars/28/02516.htm

line c. 28-2516. Motorized electric or gas powered bicycles or tricycles; definition
line d. A. Notwithstanding any other provision of this title:
line e. 1. A certificate of title is not required for a motorized electric or gas powered bicycle or tricycle.
line f. 2. Registration is not required for a motorized electric or gas powered bicycle or tricycle.
line g. 3. Vehicle license tax is not imposed on a motorized electric or gas powered bicycle or tricycle.
line h. 4. A motorized electric or gas powered bicycle or tricycle is exempt from the provisions of section 28-964 relating to required line

line i. 10. equipment on motorcycles and motor-driven cycles and from the provisions of title 49, chapter 3, article 5 relating to vehicle

emissions inspections.
line j. 5. A driver license is not required to operate a motorized electric or gas powered bicycle or tricycle.
line k. 6. A motorized electric or gas powered bicycle or tricycle may use rights-of-way designated for the exclusive use of bicycles.
line l. 7. A motorized electric or gas powered bicycle or tricycle is not subject to chapter 9 of this title.

line m. B. This section does not prohibit a local authority from adopting an ordinance that regulates or prohibits the operation of motorized

electric or gas powered bicycles or tricycles, except that a local authority shall not adopt an ordinance that requires registration and

licensing of motorized electric or gas powered bicycles or tricycles.

line n. C. For the purposes of this section, "motorized electric or gas powered bicycle or tricycle" means a bicycle or tricycle that is equipped

with a helper motor that has a maximum piston displacement of forty-eight cubic centimeters or less, that may also be self-propelled and

that is operated at speeds of less than twenty miles per hour.



line o. tempe

line p. from :http://www.tempe.gov/citycode/07bicycles.htm
line q. Sec. 7-55. Pedal bicycle with helper motors (mopeds).
line r. (a) Upon a roadway where motor vehicles are permitted, a person may drive a moped in any lane designated for use of

bicycles.
line s. (b) Pedal bicycles with helper motors shall be prohibited on bicycle paths, trails and on sidewalks designated for use by

nonmotorized pedal bicycles, except when propelled by human power with helper motor disengaged.
line t. (Ord. No. 87.24, 1-14-88)
line w. Sec. 7-52. Riding on sidewalks or bicycle lanes.
line x. (a) The city traffic engineer is authorized to erect or place signs on any sidewalk or roadway, prohibiting the riding of

bicycle thereon by any person; and when such signs are in place no person shall disobey same.
line y. (b) Whenever any person is riding a bicycle upon a sidewalk, such person shall yield the right-of-way to any pedestrian and

should give audible signal before overtaking and passing such pedestrian.
line z. (c) No person shall ride or operate a bicycle in any direction except that permitted by vehicular traffic on the same side of

the roadway where the sidewalk or bicycle lane exists; provided, that bicycles may proceed either way where signs or pavement markings

on the sidewalk, bikeway or bicycle lane appear designating two-way traffic.
line aa. (d) Any person riding a bicycle on a bikeway, sidewalk or bicycle path that is about to enter or cross a roadway shall yield

the right-of-way to all traffic on such roadway. (Ord. No. 87.24, 1-14-88)

line bb. mesa

line cc. from:http://cityofmesa.org/police/literature/transportation_devices.aspx
line dd. MOPEDS
line ff. This is a bicycle that is equipped with a helper motor. It must have pedals and be capable of operating as a bicycle. Maximum speed

is 25 MPH. When motor is engaged, operators must have a driver’s license, registration ($5.00 decal from MVD) and insurance. It may

drive on the roadway but not in bike paths when motor is engaged and must obey all traffic laws.

line gg. Laws governing these are found under:
line hh. ARS 28-101.30
line ii. ARS 28-2513
line jj. ARS 28-4135



Thanks in advance...

 

[jerryt]

I am not a lawyer and I live in California but I believe (from the sections you posted) that you read the law correctly, i.e.: The state (AZ) does not require license or registration of an electric bike and prohibits cities (or counties) from requiring same. However, cities can regulate the operation and even prohibit same.

This is similar to CA law except mopeds (ice) require a one-time lifetime registration.

 

[TylerDurden]

Not a lawyer either.


Line h looks munged, should read:
A motorized electric or gas powered bicycle or tricycle is exempt from the provisions of section 28-964 relating to required equipment on motorcycles and motor-driven cycles and from the provisions of title 49, chapter 3, article 5 relating to vehicle emissions inspections.


I don't see any state or local provision specifically stating that ebikes cannot be used in roadways.

You should be good to go, provided you ride the correct direction and obey the signs. On paths/walks: pedal when in the vicinity of other riders or cops.

 

[Lessss]

Contact local law enforcement traffic seargents and provide them with the information you have the apparent contradiction, your interpretation and ask them to confirm. Also once confirmed please send an email memo to all officers. Provide him with a pic of your model of ebike.

 

[Drunkskunk]

Around here, that would just make you a target. Police officers aren't in there job because of their astounding abilities at interpriting the law, or for any outstanding intelectual abilities. You need diffrent abilities besides intelegence to be a good cop.

The state law seems pretty clear. the city ordanace seems to be in error in regards to defining a moped, and since State law supercedes local law, its effectivly nullified... but you would need both a court order and a meeting of the city councle to change that.

The best rout to take in a case like this is to not get caught. And if you do, then have a copy of the state ordance on you. Don't argue with the cop, when he says you can't have that "moped" on the road, tell him you have the paperwork for it, pull out the state ordance, and show it to him.

 

[kbarrett]

If a city cop bothers you, have a copy of the state law handy, and tell him that you are in compliance with state registration requirements for this vehicle type ( truth ... AZ does not require registration ).

The city law is redundant and contradicts state law, as it requires state registration for a vehicle the state refuses to register ... if push comes to shove, the city law loses.

That being said, avoid the problem ... let someone else be the test case.

 

[dogman dan]

Yeah the way I see it, the state law goes. Do get a motorcycle endorsement on your licence though, if you can, since the class they have you take will teach you stuff that is VERY good to know. I kept mine for twenty years when I had no bikes, but as vague as NM law is, I'm glad I can get it out if the cop wants me to have one. I wish my state law on ebikes was as clear as yours is.

 

[dogman dan]

Reading again, the part about reg and licence, the state law rules.

The part about no motorized bikes on the bike trail unless the motor is not being used, the local law is valid. Peadle like hell when you see the cops. I wouldn't be ebiking if I couldn't use the bike trail. too dangerous on the street. Just keep the speed down and look like you are peadling.

 

[rbelisle1]

Well it all might be irrelevant.

As I was coming home last night, I turned on to an arterial road (price road), under the freeway. A road biker in his colorful jersey blew by me and made a rude hand gesture. So I gunned it, fake peddling and all, and then waited till it was safe to pass. I knew he couldn’t keep up the pace for too long. Sure enough, there I am on the road, flat out, fake peddling and what do I see right before my eyes,,, a motor cop, with the radar gun out!!! I have speed checked my bike with my brothers radar gun at 22mph so I think I was somewhere in that range. The Cop just smiled when I went by. NO HASSLE!!!!!
So tonight, I am riding very carefully by the about same spot, fake peddling and boom, out of an alley comes a motor Cop, DRIVING ON THE SIDEWALK. I am thinking well, this is it!!! Pull over time for me cause I am riding on the sidewalk too,,,,The Cop just smiled as we pasted by each other!!!!!! So at this point, either fake peddling works, or the Cops only wanted to catch speeders, or they would rather have me on the side walk, safer and not tying up traffic... I don’t know, but I am not too concerned about the Cops now... Of course, all the dealings that I have had with the Cops in the past have been positive. Maybe I am just lucky so far, but the now 4 cops (2 at close range) have not cared about me or the bike!!! and the bike is a red EVG EBIKE. It’s about as stealthy as a wearing pork chop suit to the dog pound...

Side note about the sidewalk. There is no other way to cross the freeway, then on of the main arterial roads on my way home. Even if I went way out of my way there is no better way to cross the freeway. So for about 1/2 of a mile, I ride the sidewalk. This sidewalk, never has pedestrians on it, it has a concrete barrier between the sidewalk and the road, because there is no shoulder on this 1/2 mile stretch of road. As soon as I can, I take side streets,. The side streets take me out of my way, but they are legal. Bottom line is I am trying to be legal, when and where I can!!!!!!

 

[dogman dan]

sidewalk riding is illegal here too, but cops tend to ignore it if you are in a death zone to use the street. And not hauling ass too much. Few people realize I have a motor unless I tell them.

 

[deecanio]

ebike law is very very simple.
if your not bringing any revenue to your local authority it is ILLEGAL.
if you use your ebike under 50w with a top speed of less than 5mph it is LEGAL.

Ithink that about covers it?


Cheers


D

 

[rbelisle1]

update,
Ive pasted or have been seen by at least 50 cops. They never bother me at all. I normally ride sidwalks on arterial roads and I do keep the speed down to 16mph or less on the sidewalks. Out on the side streets, thats a different story, flat out all the time. 22mph max. I do stop at stop lights and stop signs, but rarely signal, unless I know a bike is right behind me.. all told cops are a total non issue.

bob in phx.

 

[dogman dan]

When I started riding last year, I pedaled like mad anytime i saw a cop. I don't bother anymore. But I do always ride with courtesy to walkers, riders , drivers, and obey laws like stop signs. Blows car drivers minds when I stop. But the cops do ignore me since I'm not a hazard. They are way too busy. We just got red light cameras in town. Tempting to blow one just for fun. No licence plate on the bike.

 

[icecube57]

I live in a medium size country city. We have plenty of side roads that run parallel to the main road. In the town square (Historic) we cant ride on the side walk we have to walk our bikes or skateboards. Or ride next to the curb but not on the side walk. But our speed limits are 25-35moh and stop lights are so frequent that riding in the street is safe on most streets. I do use the side walks when it is a little congested. It gets annoying but the time of day when i travel its safe. I was doing trials on my bike working out the bugs. I passed four cops standing at a 4 way... they pulled the short straws and had to do community interaction...enforcing seatbelts and tailight and head light violations etc. I stopped... signaled which direction i was going.... went around the block in like 1 min and stopped and talked with them.... they mention that I went around the block pretty quick. But never acknowledged or pointed out what is that. I think as long as you are following the rules of the road... signaling... and have proper safety gear they wont think twice. Fake pedaling does help. But i actually passed a cop just posted up beside the road...(right down the street from a strip joint) I know he was clocking... I passed him doing every bit of 35mph no pedaling ...at night with my headlamps on ....and my warning flasher flashing away in the rear... he sat there didnt flash didnt move didnt follow. But cars are supposed to treat you like another vehichle and pass accordingly. We have every right to be in the road or use specially marked bike path that are in tandem with the road. Even the path thats by my house says n motorized vehichles... Im on it all the time. I ride at a decent speed. Just as fast if not faster than the professional cyclist that ride dirtry going 20-25mph and terrorize poor walkers, bikers, and roller bladers sneaking up on people... I was even question by a cop on this path that recognized what a hub motor (He was a bit chunky) i just explained that im out getting exercise and this hub helps me so i dont become to tired when i cycle after work. And that its motivation for me to get out and get exercise and i have help or an assist when I need it. He basically said its cool im not going to bust your chops and that hes not concerned about the average joes but the serious bikers that zoom through the path like its the autobahn... He said just be safe.... Thats my experiences.