[SDCBC] While we are busy citing cvc21200 and cvc21202...

Mon Mar 12 00:47:24 EDT 2007

Only to be completely legal in the face of a rights battle.

I'll give you an example:

The other day I was riding on a 35MPH road where 
there are cars parked along the side and there 
are no alternative routes, due to the configuration of canyons in the area.

As I rode down that road, taking the right lane 
of the two going each way, a fair number of 
motorists in their cars had no trouble passing me 
to the left. There were a few however that seemed 
perplexed by the concept of a cyclist "in their 
way." Many of the cyclists in the area choose to 
be sidewalk riders, but at the 15-18MPH I was 
traveling, sidewalk riding did not seem very 
practical, and the law (as I cited) gives me 
rights to the road; to ride not along the curb, 
but out in the lane as I was doing, to avoid the 
cars along the right side, and their potential opening doors.

So I got to thinking about a suitable slogan for 
the back of my T shirt... to "inform" those perplexed motorists. I thought of:

CVC 21200
CVC 21202
Google it.

Well later, I did google CVC21200, just like I 
had written above, and I realized that 21200 
mentioned licensing, or really registration. I 
then thought about the consequences of an 
argument with a cop... who might fall back on the 
lack of license, as his point, to issue a ticket.

Yeah, a bit convoluted, but I realized that 
indeed, I am riding in violation of a law and 
dammit, my argument would fall on deaf ears at that point.

At 03:43 PM 3/11/2007, Mike Berry wrote:
>Not to be flippant or otherwise disrespectful, but why should I bother?
>
>Mike Berry
>www.sandiegocenturyriders.com
>Home of the San Diego Brevet Series
>Dedicated to the Adventure and Camaraderie
>  of Long Distance Cycling
>
>
>-----Original Message-----
>From: sdcbc-bounces at bikesandiego.org [mailto:sdcbc-bounces at bikesandiego.org]
>On Behalf Of Pauline Callahan
>Sent: Sunday, March 11, 2007 4:32 PM
>To: fulton at exwis.com; sdcbc at bikesandiego.org
>Subject: Re: [SDCBC] While we are busy citing cvc21200 and cvc21202...
>
>I just had a conversation with a cyclist who said he went to several bike
>shops and they didn't have the rigistration forms.  He said he ended up in
>Pacific Baech somewhere.  Action Cyclery in Scripts Ranch/Mira Mesa area has
>registrations available.  Also, there is a "bike fix" community outreach
>going on next Saturday, March 17 in Tierra Santa (I don't have the exact
>address, but it is at a church on Tierra Santa Blvd and there are signs) and
>they will register your bike for free.
>
>
>---- Begin Original Message ----
>  From: Fulton Martin <public at exwis.com>
>Sent: Sun, 11 Mar 2007 05:45:42 -0700
>To: sdcbc at bikesandiego.org
>Subject: Re: [SDCBC] While we are busy citing cvc21200 and cvc21202...
>
>I used to register my bicycles regularly, every two (?) years, until I
>got my first recumbent and went to the local fire station, where I was
>told they wouldn't be doing it anymore. I don't recall them saying the
>function was being transferred to retailers, but could be...
>
>Even *if* retailers are doing it, how willing are they to register a
>bicycle "upon the request of the owner" if the bicycle wasn't purchased
>at their shop? (Bought my last one out-of-state.)
>
>Gene Carman wrote:
> > Has anyone noticed that part of cvc21200 cites cvc39000?
> >
> > http://www.dmv.ca.gov/pubs/vctop/d11/vc21200.htm
> >
> > 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.
> >
> >
> > http://www.dmv.ca.gov/pubs/vctop/d16_7/vc39001.htm
> >
> > 39001.   (a) The department shall procure and distribute bicycle license
> > indicia and registration forms to all counties and cities which have
> > adopted a bicycle licensing ordinance or resolution. Those counties and
> > cities shall issue the indicia and registration form to the owner of any
> > new bicycle, and may, upon request of the owner, issue an indicia and
> > registration form to the owner of any bicycle which complies with
> > Section 39007.
> >
> > The department shall charge and collect a fee, not to exceed the cost of
> > procuring and distributing the license indicia and registration form,
> > for each bicycle license indicia and registration form issued. All fees
> > collected pursuant to this section shall be deposited in the Motor
> > Vehicle Account in the State Transportation Fund. Those fees are hereby
> > continuously appropriated from the account for use by the department to
> > defray costs to procure and distribute the bicycle license indicia and
> > registration forms.
> >
> > So what is San Diego's policy on license and registration of
> > bicycles...  assuming they have "adopted a bicycle licensing ordinance
> > or resolution?"  How many of us are in compliance with the local law,
> > should we for instance be pulled over.
> >
> > If we are quick to cite cvc21200 and cvc21202, should we not also be in
> > compliance with SDMC34.02?
> >
> >
>http://clerkdoc.sannet.gov/legtrain/mc/MuniCodeChapter03/Ch03Art04Division00
>
> >
> >
> > *§34.02 Bicycle License Required
> > *Except as provided by Section 34.09 of this article, it is unlawful for
> > any person to
> > operate a bicycle upon any public street, alley, sidewalk, highway, or
> > other public
> > property within the jurisdiction of The City of San Diego without first
> > obtaining a
> > license issued by said City. Bicycle retailers are authorized and
> > directed to issue,
> > upon written application, a bicycle license, to any person residing
> > within the City of
> > San Diego. Bicycle retailers issuing licenses will charge a fee pursuant
> > to section
> > 34.02. Fees collected in accordance with section 34.02 shall be sent to
> > the San Diego
> > Fire Department. *Bicycle retailers will purchase bicycle licenses and
> > stickers from the
> > San Diego Fire Department.* The San Diego Fire Department will return $1
> > of the $2
> > license fees collected to bicycle retailers upon return of a completed
> > registration
> > form. License applicants who reside outside the City of San Diego shall
> > be referred to
> > their respective city or jurisdiction of residency. Any bicycle not
> > subject to the
> > provisions of this article may be licensed upon the request of the owner.
> >
> > How many of you are in compliance?
> >
> >
> > ------------------------------------------------------------------------
> >
> > _______________________________________________
> >
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>--
>Fulton Martin
>__=o&o>__
>public at exwis.com
>San Diego, CA
>N32 43.956, W117 05.874
>_______________________________________________
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>---- End Original Message ----
>
>
>
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