A (Bittersweet) Historic Moment in Arizona’s Three-Foot Rule?
Check out this email I got from P.M., a rider in the Phoenix area yesterday:
Thought I’d pass on some news of a good experience with the Scottsdale police.
I ride to work frequently from my house in Tempe to my office in Phoenix, roughly 15 miles each way. A good portion of my route goes though Scottsdale, specifically 68th St. On my ride home this past Friday a truck full of what appeared to be freshly graduated high school kids (in daddy’s Escalade nonetheless), buzzed me within inches heading southbound on 68th just south of McDowell. I hadn’t quite reached the start of the bike lane, and it appeared to be on purpose since the car lane is plenty wide there.
Unfortunately for them, they didn’t see the squad car that turned south off McDowell just after them. He pulled them over immediately, and I originally planned to ride on, but I stopped just past them to see what he would do. He spoke to them briefly then saw me and walked over. He explained that he didn’t need me to hang around, but that he was going to ticket them for violating the 3 foot law with intent. Not having seen or heard of this being enforced before, all I could do was smile. I shook his hand, said thanks and rode home.
So at least somebody out there is paying attention and willing to do something. Hopefully you’ll get more positive emails about this in the future.
Maybe Ed over at azbikelaw.org can help here, but I have never yet heard of a single citation being given in the state of Arizona for a three-foot rule violation, except in cases where the violation resulted in an injured or deceased bicyclist. I think this might be a first.
I have regularly submitted Public Records Act requests to the City of Tucson for copies of their three-foot rule citations, and done the best I can to cross-check them with car/bike collisions (not too hard, since rarely are there more than two or three of these citations given in a year).
Of course, it’s bittersweet because in reality, those kids in the Escalade just got away with threatening someone’s life with a deadly weapon. If I point a gun at you “just for kicks,” I don’t get off with a $124.00 traffic ticket. (Although if you are a bicyclist the penalty won’t be all that severe even if I shoot you.) (And see also the comments to this post, including one from the victim.)
Update: Oh how short my memory is! Of course, just two months ago Flagstaff bicyclist Randy Mason successfully, after a long fight, got this rule enforced against a bus driver who grazed him and then yelled at him and then called the cops on him.
In my defense, this is the first time I’ve heard of it happening the way it is supposed to.
–Erik Ryberg
May 25th, 2010 at 10:49 am
Wow, this makes me feel great. I’m happy to see a positive post for once.
May 25th, 2010 at 10:53 am
This is at least the second time that the 3-foot rule has been enforced with no injuries.
http://azbikelaw.org/blog/an-historic-citation/
May 25th, 2010 at 9:13 pm
oh, there is an update on the flagstaff deal:
Strangely, on 5/11/2010 the charges were “ORDR DISMSSL/CHRGE-W/O PREJDCE”; which i assume means dismissed without prejudice.
So, for some reason, the city attorney after deciding to recommend the citations be filed, has now decided not to persue them; without prejudice means that (at least theoretically) they can be re-filed.
May 25th, 2010 at 9:17 pm
[...] this one didn't pan out, apparently. However, tucsonbikelawyer.com is reporting another incident, that may end up being the first [...]
May 26th, 2010 at 1:47 pm
[...] SoCal’s newest bike Mecca? Tucson Velo explores Los Angeles with the locals. Shock in Arizona as police actually enforce the state’s three foot passing law. Five dollars could help fund a new documentary on ghost [...]
May 27th, 2010 at 11:13 pm
During Tucson’s Cyclovia, a police officer had just stopped traffic at one of the unblocked streets, and was directing my family and I across when a car sped through. The officer was furious and shouted at the guy to pull over, which he did, while raising his hands with a “What did I do?” look. I was really glad to see the officer’s strong reaction, but don’t know if the driver was ticketed.