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

[Serge Issakov]

I kind of wish Mack pushed for the citation, just to see what would happen.
I'm guessing the officer wouldn't be able to find an appropriate
section of the vehicle code to cite him with, and let him go.

The only one that comes close is 21202 (the "keep right" law), but
that has an explicit exception (among many others) for turning left.

Serge

On 3/8/07, Jim Baross <JimBaross at cox.net> wrote:
>
>  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: Mack L
>  Date: 3/6/2007 2:55:59 PM
>  To: 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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