03/04/2017
Eight Surprising Traffic Laws in Arizona
To quote an old and time-honored maxim: “Ignorance of the law is no excuse.” Although most traffic violators know they are breaking the law, there are those who get ticketed for unknowingly breaking the law. To circumvent this from happening to you, here are 5 little known traffic laws in Arizona that it would behoove you to follow. On the flipside, this article concludes with three surprising things that are not illegal.
#1. You can get a speeding ticket for going at the posted limit. Yes, you can! In other words, it is possible to get a speeding ticket going 40 mph in a 40 mph zone. Ordinarily, going the posted speed limit is not ticket-able, of course. However, under certain conditions, it may not be safe or prudent to go the posted limit. Per ARS: 28-701A. A person shall not drive a vehicle on a highway at a speed greater than is reasonable and prudent under the circumstances, conditions and actual and potential hazards then existing.
In other words, under certain conditions such as heavy rain, rush hour traffic, accident, narrow or winding roads, pedestrians present, etc., a driver may have to reduce speed to accommodate these conditions or potential hazards. Not doing so, is reason enough to get a speeding ticket, even if one is not exceeding the posted limit.
#2. A driver must come to a complete stop when exiting a public or private driveway. ARS: 28-856. Emerging from alley, driveway or building
The driver of a vehicle emerging from an alley, driveway or building within a business or residential district shall:
1. Stop the vehicle immediately before driving onto a sidewalk or onto the sidewalk area extending across any alleyway or private driveway.
2. Yield the right-of-way to any pedestrian as necessary to avoid collision.
3. On entering the roadway, yield the right-of-way to all closely approaching vehicles on the roadway.
#3. A driver must come to a complete stop prior to making a right turn on a red light. Although most motorists are aware of this law, many find out only the hard way that making a rolling right at a red light is not only ticket-able, but is treated like running a red-light for which the violator would have to attend an 8-hour Traffic Survival School class (unless eligible for the 4-4 ½ hour Defensive Driving program).
In some states, such as California, points are only accessed on your driving record if you are ticketed by a police officer as opposed to photo enforcement. However, not so in Arizona. A photo ticket carries the same weight as a ticket by a policeman, which is 2 points on your driving record.
#4. Driving too slowly. Yes, driving too slowly is ticket-able. In fact, there is a little know law in Arizona, which stipulates that if a driver is holding up five or more vehicles, by law, he has to pull over and let them pass.
#5.a. Speeding ticket for 1 mph over the limit? Yes, you can get a speeding ticket for going just 1 mile over the speed limit. There is no 5-10 miles over-the-limit safety cushion. Speed limits are just that: limits, not suggested guidelines. However, with the exception of a 15-mph school zone, law enforcement will not typically pull you over for going less than 5 miles per hour over the limit, and in many cases for going less than ten …but they could. It is officer discretion. Much more than not, police officers are reasonable when it comes to traffic stops; i.e., they will consider factors such a flow of traffic, weather conditions, etc., when deciding who to pull over. Bear in mind a good rule of thumb: If you are passing most everybody up, you are at much greater risk for a citation.
5.b. Waste of a Finite Resource. Would you believe you can get a ticket for wasting fuel? If on an urbanized highway where the posted speed limit is 55 mph and you are going 56mph, but not more than 65mph, you cannot get a speeding ticket. Instead, you can get a mere $15.00 ticket, which cannot be assessed against your driving record, for wasting fuel! This law is an old throwback from the 70s when there was a fuel shortage. Believe it or not, people actually do receive a ticket for this! The statute reads as follows:
28-702.01. Urbanized areas; waste of a finite resource; civil penalties
A. If the maximum speed limit on a public highway in this state is fifty-five miles per hour, a person shall not drive a motor vehicle at a speed in excess of fifty-five miles per hour on that highway. If the speed at which the person is alleged to have driven as provided in section 28-707, subsection A or the speed at which the court finds the person drove is sixty-five miles per hour or less, the offense is designated as the waste of a finite resource and is a civil traffic violation subject to subsection B of this section.
Now, here are three things that you CAN do legally in Arizona, but proceed with caution.
#1. U-Turns on Red Light Unless otherwise posted, and assuming you don’t enter the intersection, it is legal to make a U-turn on a red light in Arizona. However, you must yield the right-of-way to oncoming traffic.
#2. Changing lanes in the middle of an intersection. In Arizona, it is not illegal to change lanes in the middle of an intersection. However, it is illegal to pass another vehicle within 100 feet of a street crossing. Therefore, you can change lanes in the middle of an intersection, but not pass someone up there. Needless to say, if you need to change lanes, it’s usually safer to do so before entering or after crossing an intersection.
#3 Passengers in the back bed of a pickup truck. There is no law in Arizona prohibiting passengers from riding in the cargo area of a pickup truck. Bear in mind, though, that child restraint and seat belt laws do apply. Additionally, should there be an injury accident with some in the back bed of a pickup truck, the insurance company against whom the claim is filed may not pay for such injuries.
Moreover, there is no law in Arizona which mandates that pets be somehow secured in a vehicle.
There you have it: Five little know violations for which one can get a ticket and three things that are surprisingly not illegal.