[SDCBC] Ignorance of traffic law and rights, was Re: Rules of the road

[Jim Baross]

I put this together for Mack, responding to a question to CBC, and 
thought it's probably worth copying to the SDCBC list, FYI and 
reminder that "roads are for people, not only for people in cars."

-------Original Message-------
From: <mailto:mlundstrom at casa.sjsu.edu>Mack L
Date: 3/6/2007 2:55:59 PM
To: <mailto:info at bikelink.com>info at bikelink.com
Subject: Rules of the road

I'm a CBC member and have commuted to work daily in San Jose since 1970. I
ride a road bike most days, but I have a Bike Friday with trailer and on
weekends I get my groceries with it. My routes in both instances include
some relatively heavily traveled thoroughfares with two lanes each way plus
separate left-turn lanes, sometimes with market bike lanes, sometimes not.

With Bike Friday and trailer, I was recently stopped in a left-turn lane by
a nonuniformed man in a police van who told me to bet back on the sidewalk.
I acted incredulously at the sidewalk comment, and he told me I was in a
driving lane and he would cite me if I didn't comply. I didn't tempt him.

I recently was yelled at both with the Bike Friday and my road bike when I
used a left-turn lane.

I've looked at the DMV test booklet and see nothing that would prevent me
from using those lanes. Am I wrong?

Mack L.

To: "Mack L

The person(s) who directed or suggested that you are not allowed to 
bicycle and/or to tow a bike trailer in normal traffic lanes was in 
error... though the error in understanding California vehicle laws 
relating to bicycling in with traffic is unfortunately widespread. 
Legally operated bicycling belongs most appropriately on-road with 
other traffic, not on sidewalks. In many cities, in recognition of 
the potential dangers, it's even illegal to ride a bike on a sidewalk.

Here below is the Calif Veh Code section on the rights of bicyclists. 
Notice bicyclists have the same rights as a driver of a vehicle.

I am also attaching a file compilation of CVC that have special 
interest to bicyclists. Enjoy. [The list-server will likely not carry 
the attachment. If you'd like a copy of the file, just ask.]

Short of carrying a copy of the (whole) CVC, I have had little 
success at educating ill informed motorists while out there on the 
road. Maybe a polite note/letter to the appropriate law enforcement 
agency would get the info to the officer?

  Operation of Bicycles on California Roadways
21200. (a) Every person riding a bicycle upon a highway has all the 
rights and is subject to all the provisions applicable to the driver 
of a vehicle by this division, including, but not limited to, 
provisions concerning driving under the influence of alcoholic 
beverages or drugs, and by Division 10 (commencing with Section 
20000), Section 27400, Division 16.7 (commencing with Section 39000), 
Division 17 (commencing with Section 40000.1), and Division 18 
(commencing with Section 42000), except those provisions which by 
their very nature can have no application. (b) (1) Any peace officer, 
as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of 
Part 2 of the Penal Code, operating a bicycle during the course of 
his or her duties is exempt from the requirements of subdivision (a), 
except as those requirements relate to driving under the influence of 
alcoholic beverages or drugs, if the bicycle is being operated under 
any of the following circumstances:
    (A) In response to an emergency call.
    (B) While engaged in rescue operations.
    (C) In the immediate pursuit of an actual or suspected violator of the law.
    (2) This subdivision does not relieve a peace officer from the 
duty to operate a bicycle with due regard for the safety of all 
persons using the highway.

Thanks for asking.
Jim Baross
San Diego, California

Chair, SANDAG Bicycle Pedestrian Working Group
Vice Chair, Calif. Bicycle Advisory Committee
President, Calif. Association of Bicycle Organizations
Board Member, Calif. Bicycle Coalition
Chair, Calif. Strategic Highway Safety Plan, Bicycling Safety
Spokesperson, San Diego County Bicycle Coalition
League Trainer & Effective Cycling Instructor #185 K-C

"Cyclists should expect and demand safe accommodation on our public 
roads, just as does every other user.
Nothing more is expected. Nothing less is acceptable."
        Jack R. Taylor

"Cyclists fare best when they act and are treated as drivers of vehicles."
        John Forester

"Same Roads Same Rules Same Rights"
        SDCBC

"Roads are for people, not just for people in cars."
        Jim Baross

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