Hey from AZ

[RAD]

Hi Everyone,

I've been riding a cheapo Chinese electric bike for about a year and half now. I became aware of this forum from a link on the Arizona Bike law website. (http://azbikelaw.org/blog/is-your-motorized-bike-a-play-vehicle/)

I thought anyone riding in Tempe, AZ may want to have a look at this.

 

[azbill]

Hi Rad, welcome
I am the guy ed (azbikelaw) e-mailed about info in FH

 

[RAD]

Hello Bill,

It looks as though you had a similar problem in FH. I was not cited, just hassled and told I could not ride on any street with a posted speed limit over 25mph, or in any bike path which makes it impossible for me to get to work. I'm not sure I should risk riding to work because I can't afford the cost of the citation and I think after one warning (on the record) and as much as I have had to bug the Tempe police department and City attorney (they now know me by name) they may not take kindly to me.

 

[lordoflightaz]

I think you have to look at what is a "play" vehicle. ARS 28-2516 specifically defines a type of vehicle and does not call it a "play vehicle".

It could be considerd a motorized vehicle or a bicycle with a motor. It can't be Tempe Sec. 19-1(6) because it is defined in Chapter 7 Article 15 It could be defined as a bicycle Tempe Sec.7-1, meets the requirements, as long as it has 16in wheels, heck it doesn't even say it has to have peddles it fails to say "solely" human powered.

Since these local ordinances post date the state statue they had the option to cite Chapter 7 Article 15 in general or 28-2516 specifically and did not. I didn't read about it but there is a section on "neighborhood electric vehicle" but does not define what the heck that might be.

I see a lot of cops and not a one has stopped me, but I live in Phoenix, not Tempe.

In general ARS 28 has no "play" vehicles

 

[RAD]

I think I was initially pulled over because I hurried a red light. I agreed with the officer about that (no traffic, your on what you consider a bike, its hard not to). It was the additional stuff about not being able to ride in a bike path and not allowed on any street with a speed limit over 25 that I was in disagreement on. Previous to that stop I was at a stoplight on Apache Blvd. in Tempe when a cop pulled up beside me and screamed at me that I couldn't ride in the bike path and would not let me continue on. I tried to go on (probably shouldn't have) and he pulled his car in front of me and so I turned down a side street and he continued down Apache. I was stopped in Mesa a long time ago but I showed the officer what documentation I had on the laws and he let me go with no hassle.

I guess it doesn't really matter what I think the Tempe laws and the ARS state because Tempe officially thinks otherwise. Phoenix statutes are very similar to Tempe but they don't seem to enforce it the same. It kind of sucks that you have to be aware of what border you cross as you are commuting to work. I work in the University area and I used to see many people on motorized bikes, in fact I would often see the same people every day (I cross paths with at least 5 different riders almost daily). I have to hope that I don't see those same riders because school is out and not because they have had the same experience as me.

 

[azbill]

I am under the impression that,,,
if local code does not specifically ban motor-assisted bicycles,
state law makes you legal under their definition (it is the arguement I used in court, and it worked)
I have actually cultivated relationships with the mayor and a disabled member of town council, just so they will think twice before banning (they see I am a very responsible rider - not some crazy teenager)
(they both think me pulling the grandkids is very cool !)

 

[wheelbender6]

Welcome to the forum. I have ridden my mo-bike through Tempe in the bike line on a street with a 45mph speed limit and the law men paid no mind to me. (A bike line lies next to a motor vehicle right of way. A bike path or multi-use path does not). Maybe I got lucky.