Simona was going down Desert while some minor work was being done on one side of the street. A motorcycle officer was on the work site and pulled her over. He was familiar that skaters favor Awahtukee, and warned her that skaters are considered pedestrians and are legally bound to use the sidewalk if it is available. He went on that skaters involved in an accident would be legally liable if they are in the street or
even the bike lane if a sidewalk is available, since they are technically breaking the law. The officer did not issue a ticket or even a formal warning.
From Simona on June 19:
So I'm sk8ting this morning when (again since Santa Monica) I got pulled over, this time was officer JR on his motorcycle.
Supposely I was to fast :)...going 26m/h in a 15m/h.....and was a road work area, my bad!
You know what that means, double fees!! but there's more: Anyway I was downhilling on Desert Foothills, and you guys who sk8 that know that on top of it there is no bike lane either... double wham for me! Even with the bike lane, on skates we are considered 'pedestrians' he said, we're supposed to use the walk side....Obviously those laws are not made with understanding to speed skaters :) !!! I told him that if I'll have to sk8 the walk side, I might as well not bother to get off the couch!
He was a nice guy and didn't gave me a citation but he did remind me of one thing that I want to remind you all:
Did you know that when you skate on street surface, EVEN if you are on a bike lane, you are actually breaking the law?!...He's point was, if we get hit while in the bike lane, we have no liability, it's our fault, based on the law! It's like jaywalking!!?/
Conclusion: isn't ironic that we are actually LEGALLY safe (since there is no pedestrian walk side) to cruise on Pecos bike lane, having cars flying by us with 65m/h and more?!!! So unless you're training on Pecos, use bike path and walk sides, I guess :)
Stay safe sk8ing out there!
Simona G.
USSG certified inline skate instructor
www.PhoenixAZinline.com
Skate School