Electric scooters and electric bicycles have become an increasingly popular mode of transportation and recreation in Arizona. While they offer convenience, fun and eco-friendliness, these innovative modes of transportation also bring new challenges for both riders and other road users. As electric scooters and electric bicycles attempt to share the roadways, accidents can occur, leading to legal implications for all parties involved. In this article, we’ll explore the legal aspects of electric scooters and electric bicycles, with a focus on the responsibilities and potential consequences for drivers.
Defining Electric Scooters and Electric Bicycles in Arizona
According to Arizona Law §§ 28-101(28)(29)(30), (31), electric scooters and electric bicycles are defined as follows:
Electric Scooters are defined as devices that weigh less than seventy-five pounds, equipped with two or three wheels, handlebars, a floorboard for standing, powered by an electric motor, and capable of reaching a maximum speed of twenty miles per hour.
Electric Bicycles encompass three classes: Class 1 provides motor assistance only when the rider is pedaling, ceasing assistance at twenty miles per hour. Class 2 electric bicycles may be propelled solely by the electric motor and not capable of providing assistance beyond twenty miles per hour. Class 3 electric bicycles offer motor assistance when the rider is pedaling, ceasing assistance at twenty-eight miles per hour.
The Shared Responsibility
As these electric modes of transportation navigate the roadways alongside traditional cars, drivers and riders share a collective responsibility:
- Duty of Care: Drivers have a legal duty of care to ensure the safety of all road users, including electric scooter and electric bicycle riders. This duty involves following traffic rules, yielding the right of way, and maintaining a safe distance from these electric scooters and bicycles.
- Respect for Vulnerable Road Users: Electric scooter and electric bicycle riders are considered vulnerable road users. Drivers must exercise caution and be mindful of their presence, treating them as they would pedestrians or cyclists.
- Avoiding Distractions: Distracted driving is a significant cause of accidents involving electric scooters and electric bicycles. Drivers must refrain from using mobile phones, eating, or engaging in any activity that diverts their attention from the road.
Understanding Legal Requirements
Arizona law § 28-819 outlines specific provisions related to electric bicycles and electric standup scooters, granting them certain rights and privileges on the road. These vehicles are not subject to the same regulations as traditional automobiles, including certificates of title, registration, vehicle license tax, driver licenses, or vehicle insurance.
Castillo Law recommends that all users of electric bicycles and electric standup scooters check with their local authority to determine if they are prohibited on bicycle and multiuse paths.
Electric standup scooters require unique identification that is not obscured and visible from a distance of at least five feet.
Electric bicycles require a label with a classification number and speed and motor wattage in specific lettering.
Legal Implications for Drivers of Traditional Automobiles when Colliding with Electric Scooters and Electric Bicycles
Understanding the potential legal consequences following an accident involving electric scooters and electric bicycles is crucial for drivers:
- Traffic Violations: Drivers who violate traffic laws and cause accidents involving electric scooters and electric bicycles may face fines, penalties, and potential license suspensions. Violations can result from actions such as speeding, running red lights, or failing to yield the right of way.
- Criminal Charges: In cases of extreme negligence or reckless behavior, automobile drivers may face criminal charges, such as reckless driving or vehicular manslaughter, if an accident results in a fatality.
Conclusion
Electric scooters and electric bicycles have introduced a new dimension to urban transportation in Arizona, bringing convenience, fun and eco-friendliness to the forefront. However, they also bring about new safety challenges for drivers. Understanding the legal implications of using electric scooters and electric bicycles is essential for all road users. Drivers have a responsibility to exercise caution, respect the rights of electric scooter and electric bicycle riders, and follow traffic laws to prevent accidents and legal consequences. By doing so, we can ensure safer and more harmonious travel for everyone on the road.
If you or a loved one find yourself facing criminal charges, Castillo Law can be reached at 602-795-6701 or 480-206-5204.