[SDCBC] Pulled over for "taking the lane"

[Serge Issakov]

Good one, Robert!

Parked Vehicles

Bicyclists should ride far enough away from parked vehicles to avoid being
hit by an opening door.

...
When to Take the Traffic Lane If there is no shoulder or bicycle lane and
the traffic lane is narrow, ride closer to the center of the lane.  This
will prevent motorists from passing you when there is not enough room.
http://www.dmv.ca.gov/pubs/brochures/fast_facts/ffdl37.htm
These DMV sanctioned cycling safety tips are excellent foundation on which
to argue that it is not practicable for cyclists to ride so close to parked
vehicles that they would be hit by a suddenly opening door, or so far right
in a narrow lane that it would encourage unsafe passing.

Now, to get all this info onto a laminated 3x5 card...  Hmm, maybe this is
something for the coalition to produce?

Serge


On Thu, Apr 3, 2008 at 11:07 AM, <rob_leone at earthlink.net> wrote:

>  Dear Mary:
>
>    Absent arguing the difference between "possible" as provided in the
> comic book version of the vehicle code provided for Law Enforcement Officer
> reference and "practicable" as stated in the text of the actual riight hand
> rule, along with its specific and general exceptions, you might try arguing
> with the printout of bike riding tips from the Department of Motor Vehicles
> web site. This contains TWO SEPARATE ADMONITIONS to keep one's distance from
> parked cars. I'm not at home right now so I can't get you the precise
> URL....
>
>
>
> Robert Leone
>
>
> -----Original Message-----
> From: Mary Winn
> Sent: Apr 3, 2008 9:54 AM
> To: Sdcbc
> Subject: [SDCBC] Pulled over for "taking the lane"
>
> 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.
>
>
>
>
>
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-- 
NOTE: Any opinions expressed above are mine and not necessarily shared by
any organization in which I am involved.
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