Phoenix Police wanted to ticket me!

Discussion in 'Laws, Legislation & Emissions' started by Zev0, Mar 23, 2008.

  1. Zev0

    Zev0 Member

    Well, here it is Easter Sunday. It's 82 degrees and sunny out. So, I felt like a little ride was in order. So, off I go. Speed between 15-17mph. I'm enjoying myself, going down the city street called 3rd St. Only 1 other car in sight in either direction. Guess what? Out of a sidestreet comes a Phoenix City Policeman with sirens blaring. I, of course, shut off engine, pull up into driveway to get off street, and stop. To make a long story short, he wanted to know where my license plate was. I told him this is a motorized bicycle not a moped. I showed him the copy of the AZ Statute 28-2516. He said, you're on a moped. I just let him know that I wasn't going to argue with him. No drivers licence, no insurance, no plates. He said he could have ticketed me for over $800 worth of violations. But after a few minutes, he recognized me due to the fact that we worked crowd control together before at the Suns games. So he let me go, pedaling the remaining 2 miles until I reached the safety of my residence.

    I'm certainly going to investigate this further. I mean, come on now, can we or can we not ride these motoredbikes without being hassled?

    I'm almost a little leery to continue riding, but since this is my only means of transportation, I have no choice.

  2. Zev0

    Zev0 Member

    I have sent the following e-mail to the Chief of Police and hopefully this will clear things up either way.

    March 23 I was stopped by a patrol car while I was riding a motorized bicycle. The officer said it was not a bicycle but was a moped and required Plates, insurance and a valid drivers license. He then showed me the moped law 28-2513. I tried to explain to him, that what I was riding was not a moped but a motor-assisted bicycle which is covered under statute 28-2516. Was told by officer that he would let me go, but not to be seen riding again. Sir, I am totally confused. Am I, according to law permitted to ride a motor-assisted bicycle or not. My bike fits all the requirements. Under 50cc, I was only going 15 MPH, and was riding on the northbound side of 3rd street next to the curb. Also, I would just like to inject that I am not a young kid. I'm 64 years old and not tearing around. Please Advise. Thank You in advance. Sincerely"

    I'll let you know what the response that I receive is.
  3. Jim H

    Jim H Guest

    Man, how to get Arizona police up to speed on the law pertaining to motored bicycles, big problem!
  4. MMMMMmmm this thing just boils me. I could totally see this cop in control of this all,not wanting to admit to fault. MMmmmm.

    Out here in Colorado,I ride the trails all the time and pass cops engine running on the sidewalk even. They don't bother me.

    I could see maybe if you were a kid.
  5. loquin

    loquin Active Member


    Wednsday, I did send the Arizona EMail to the mayor and all the council members of Pheonix.
  6. Zev0

    Zev0 Member

    Thanks. And oddly enough, when I told the officer that there have been other police that just wave and smile at me, he said, "well they just don't know the law like I do" Sheesh, wonder who really doesn't know the law. LOL
  7. turbo/chaos

    turbo/chaos Guest

    sounds like a rookie or a man with a foot up his bum
  8. azbill

    azbill Active Member

    unless phoenix makes a by-law banning ARE legal
    I went through this here in FH
    I can send you a copy of the judges decision (4 pages)if you want
  9. bolton75

    bolton75 Guest

    You can guarantee in every police force around the world there are a small minority of police officers with nothing better to do than fine people for the most trivial offense.

    Instead of doing some real police work some of them would prefer to go out and issue fines to the 'hardcore' criminals; ie mums, dads, grandmas who jaywalk or who didn't look left, right and left again before crossing the street.

    Much easier to increase revenue from fining hard working citizens for the most trivial of things. That small minority of imbeciles in the police force give the whole force a bad name.
  10. Zev0

    Zev0 Member

    Bill, I'd love to have that. Need my email addy?
  11. kawasaki999

    kawasaki999 Member

    I live in Florida, so I see a county sheriff directing traffic to a car show,so I shut of the motor and pedal up to him and ask is this leagal? He replys as long as its under 5 hp and 50cc or under it is leagal. He remarked as long as your not riding reckless we leave the bikes alone, we do go after the kids with the go-peds. I think he is wrong about the 5 hp,more like under 2hp sounds right to me but I wont say anything, I have a Tanaka 47r thats 2.8 hp and a gp 460 thats 4.2, I usually keep them under 25 mph. I bet if a ask another officer I will get another answer so I wont push my luck!
  12. graucho

    graucho Active Member

    Somtimes I wonder if it would be best if we just called the police chief in our areas and had them stop over and showed them the bike. Showed them the MB defenition, and asked them once and for all. Can I ride this under 20mph in town? If he/she says yes, he can relay it to the force. If he/she says no, your scr ew ##. If/when I get pulled over, I might go to the top.
  13. When I first built by bike,I took the bike trail that led to the police station. I locked it up and went in asking if that thing outside is legal. A cop came out and told be basically the same thing. 50cc no registration bla bla bla it's legal. Then he and some other cops watched me ride away on the bike trail.
  14. This whole issue just reminds me to keep the
    DMV printout of the laws in my wallet for my goped riding, and Motored bicycles.

    Though, I've never been pulled over before here in SF.
  15. Zev0

    Zev0 Member

    Ok, gals and guys, below is the response I received via email from the Phoenix Police Dept.


    Unfortunately, the legislature has presented law enforcement with 2 laws
    that contradict each other. Yes the NEW law says you're OK. Problems
    exist when officers are not made aware of changes in law and especially
    when laws contradict each other. As for the 15 MPH in the curb lane,
    that's Ok as long as you are not impeding traffic and then it's a
    problem. It is a gray area as to whether or not an assisted bike is
    considered a bike or just another motor vehicle. Either way, all
    traffic laws must be followed.

    Officer Terry Sills
    Traffic Complaint Coordinator
    602-534-SPEED (7733)

    So, it looks like I was in the right and the officer was not aware of the new laws.

    I will also print the email and carry it with me along with the new law. I'm prepared for the next time.
    Last edited: Mar 24, 2008
  16. azbill

    azbill Active Member

    excellent :D
    do you still want a copy of mine ?
  17. So if a soccer mom is riding the curb cause she's on the phone then would that mean that you are impeding traffic? Gray area? Traffic laws followed? How about the motorist that runs you over making a right turn when the light turns green and the walk signal is on?
    A cop could still look at that letter and give his own opinion. That letter doesn't make the cop at fault in any way. The only good is the words "You're Okay."
    But at least maybe now they'll leave you alone.
    This may be debatable,but maybe ride over to the police station to guage the cop's opinion there and show them the e-mail and maybe they'll give you something more tangible. Something that would really tell the officer stopping you that you're okay. And then even get a T-shirt that says "I'm Okay." HEY! We should get that on the MBc T-shirts!
    Last edited by a moderator: Mar 24, 2008
  18. Zev0

    Zev0 Member

    You bet I do. I want my ammo box full.
  19. graucho

    graucho Active Member

    Good news Zevo! Just make sure you hand it to the officer slowly next time. I know you'll probably want to throw it in his face. Hee,Hee
  20. Torques

    Torques Guest

    For now, it's really simple. You need to print a copy of the email you received from Terry Sills along with the copy of the statute of 28-2516 and CARRY them at all times when you are riding your motorized bicycle. If you get stopped again, just show them both pieces of paper and you should be ok for now, Zevo, check your pm to call be continued....
    Last edited by a moderator: Mar 26, 2008