[SDCBC] Pulled over for "taking the lane"

[Serge Issakov]

Hi Mary,

Yes, 21202 (a) (3) clearly obviates the requirement of you "riding as close
as practicable to the right" when the lane is "too narrow for a bicycle and
a vehicle to travel safely side by side within the lane", or simply to avoid
conditions (like potentially suddenly opening doors - crashes with which
have been known to be fatal) that "make it unsafe to continue along the
right".

I think that most people, including most police officers, sincerely believe
that it is inherently dangerous to ride where you were riding.  Such a
belief can justify (politely) intimidating cyclists like this in the mind of
such an officer.  After all, he probably believes he was doing it for your
own good.

On the other hand, about a year ago I was honked at angrily by a driver for
taking the lane while approaching and crossing an intersection (with my
daughter in tow on a Burley Piccolo trailercycle).  What he didn't notice
was that the car behind him was a SD police car.  In that case, the honking
driver was pulled over and got the "cyclists have the same rights to be in
the road as you" lecture.

Did you happen to get the officer's name and/or badge number?  A friendly
inquiry from the coalition, and/or your councilman's office, might be in
order.

Serge


On Thu, Apr 3, 2008 at 9:54 AM, Mary Winn <mary.e.winn at gmail.com> wrote:

> This morning, I was pulled over by a motorcycle police officer at the
> corner of University and Idaho (I should mention he was polite and
> friendly).  He informed me and my partner that it is against the law to take
> over the lane and that we must ride as far to the right as possible, even if
> this means there is a chance of getting hit by a car door.  I wanted to
> inform the SDCBC because the officer appeared to be aware of the coalition
> and their efforts, even though I did not mention the coalition.  I have been
> riding this section of University this way before I heard about the
> coalition and I will continue to ride this section of University in the same
> way.  But I assume the officer believed us to be instructed by the coalition
> to ride in this manner.
> The area in which we were "taking the lane" happens to be a very narrow
> section of University between 30th and Idaho.  There is barely enough room
> for 4 cars plus parallel parked cars on both sides of the road.  Add some
> pot holes and uneven pavement.  In order to avoid such conditions, it is
> necessary to move to the left and "take the lane" for a short distance
> before returning right of center.  As I was unaware of the exact wording of
> the law and I did not want to miss my bus, I did not argue with the officer.
>  Clearly, it was in my rights to move to the center of the lane, as stated
> by California Law.  Perhaps, I will start carrying them with me should an
> incident like this occur again.
>
> Is this a regular occurrence in San Diego?  If so, how have people dealt
> with such matters before?
>
> ~Mary
> *
> *
> Duty of Bicycle Operator: Operation On Roadway. VC 21202
>
> *a)* Any person operating a bicycle upon a roadway at a speed less than
> the normal speed of traffic moving in the same direction at such time shall
> ride as close as practicable to the right-hand curb or edge of the roadway
> except under any of the following situations:
>
>    1. When overtaking and passing another bicycle or motor vehicle
>    proceeding in the same direction.
>    2. When preparing for a left turn at an intersection or into a
>    private road or driveway.
>    3. When reasonably necessary to avoid conditions (including, but not
>    limited to, fixed or moving objects, vehicles, bicycles, pedestrians,
>    animals, surface hazards, or substandard width lanes) that make it unsafe to
>    continue along the right-hand curb or edge. For purposes of this section, a
>    "substandard width lane" is a lane that is too narrow for a bicycle and a
>    vehicle to travel safely side by side within the lane.
>
>
>
>
>
> _______________________________________________
>
> You are subscribed to the SDCBC mailing list as serge at issakov.org
> To unsubscribe or change mailing options, go to
> http://www.bikesandiego.org/mailman/listinfo/sdcbc
> List privacy information is located at
> http://www.stickman-computing.org/aup
> Opinions expressed here are those of the individual poster and do not
> necessarily reflect the positions of the SDCBC or it's Board.
> For help or to talk with someone other than the mail robot, send e-mail to
> postmaster at stickman-computing.org
>



-- 
NOTE: Any opinions expressed above are mine and not necessarily shared by
any organization in which I am involved.
-------------- next part --------------
An HTML attachment was scrubbed...
URL: http://www.bikesandiego.org/pipermail/sdcbc/attachments/20080403/6879940e/attachment-0001.html