Turns out it’s completely legal to right-hook a bicyclist in Flagstaff
Flagstaff cyclists ought to work on fixing this. Turns out in Flagstaff, bicyclists must yield right-of-way to right-turning motorists, even when in a bike lane/route.
Here’s the code:
“Section 9-05-001-0015 Right of Way At Intersection: Upon approaching an intersection, any person riding or operating bicycles in a bicycle lane shall yield the right of way to all vehicles within or approaching such intersection; except, that all vehicles which must stop or yield before entering an intersection because of a stop or yield sign and all vehicles making a left-hand turn at an intersection shall not proceed into such intersection nor make such a turn without first yielding the right of way to all bicycles within or approaching such intersection, and shall proceed only when it is safe to do so.”
Translation: if you are in a car you don’t need to be concerned about any cyclists to the right of you when making a turn — it’s their job to avoid you. And if you are on your bicycle and run down by a car in this fashion, don’t expect to collect from the driver’s insurance company, because you were “per se” negligent under the law.
My favorite part about this is that bicyclists even have to yield to cars that are behind them, approaching the intersection but overtaking them.
It’s pretty much not possible for a cyclist to cross an intersection in Flagstaff without putting herself at risk, because she would need to know the intentions of the drivers that may overtake her (and run her over) on the way through the intersection.
–Erik Ryberg
September 21st, 2011 at 1:23 pm
Interesting indeed… I’m wondering if this was part of the recent cycling related city code amendments. I skimmed them, but didn’t have the lawer-esque ability to translate what it means in reality.
September 21st, 2011 at 3:43 pm
I’m also seeing issues with SECTION 9-05-001-0016 whereas it seems that where a bike lane just disappears (which is often in Flagstaff) a cyclist is to always yield… and potentially has no right of way? no bueno.
September 21st, 2011 at 11:22 pm
Arizona needs to switch from the Oregon style right turn laws to the safer California style. http://blog.oregonlive.com/multimedia/2007/10/right_of_way_animation.html
September 22nd, 2011 at 7:09 am
[...] Turns out it’s completely legal to right-hook a bicyclist in Flagstaff [...]
September 22nd, 2011 at 1:10 pm
[...] bike ride, bicycling becomes the obvious choice. Turns out if you right hook a cyclist in Tucson, it’s the cyclist’s fault. Seriously. Not surprisingly, Portland developers cater to a two-wheeled clientele; thanks to [...]
September 23rd, 2011 at 12:34 pm
Is that just Flagstaff or part of the state vehicle code. If it is the sate code then it’s valid everywhere in AZ. no bueno indeed.
September 28th, 2011 at 12:01 pm
Ralph: it’s local code, (city of flagstaff only not state).
Ray: Yes, it is on the proposed changes — they changes have been languishing for over a year. i don’t know what the story is.
There are other gems in the Flagstaff local codes w.r.t. bicyclists; including mandatory bike lane use, and mandatory sidepath use.
Remember, Flagstaff is LAB silver-level Bicycle Friendly.
And wait, there more: In my view, the city of Flagstaff is harassing cyclists who use the road:
http://azbikelaw.org/blog/the-flagstaff-chronicles/
September 29th, 2011 at 4:12 pm
OK,I’m not a lawyer – but doesn’t the statute refer to anyone “riding or operating bicycles in a bicycle lane”?
In other words, it is legal to hook a cyclist in a bike lane, but would be illegal to hook them if they are *not* in a bike lane?
Yet another reason to avoid bike lanes.