[SDCBC] Pulled over for "taking the lane"

[trevorspoke at cox.net]

The booklet "Share the Road" is available as a PDF in English and Spanish at
<http://www.bikeped.pima.gov/Publications.html#safety>

Kudos and advice:
p3 Bright socks or shoes are the best way to increase visibility at night. Shirts, not so much, and you don't want a big bright sign on the other place that would help. ;-)
p5 Definitely watch out for motorists turning through gaps in stopped traffic.
p16 peds really should be walking on the left of the pathway, facing bicycle traffic; the warning is still good, though I prefer to whistle (you know, you just put your lips together and blow).
p23  Motorist turning right should show merging into the bike lane. The words are good, but the picture could be better.

Everything else is quite good, especially the actual penalties that could be involved in failing to notice (both pictures and $).

-- Trevor

---- Kathy Keehan <execdir at sdcbc.org> wrote: 
> It’s true. I’m enamored with a publication put together by the Tucson-Pima County folks “Share the Road – 2006 Edition”. It’s about 50 3x5 pages and it’s a great guide for bicyclists and motorists. I’d really like to get it published for San Diego County. I’ll have to get an estimate for how much it would cost to reproduce it…
> 
> Kathy
> 
>  
> 
> From: sdcbc-bounces at bikesandiego.org [mailto:sdcbc-bounces at bikesandiego.org] On Behalf Of rob_leone at earthlink.net
> Sent: Thursday, April 03, 2008 12:11 PM
> To: Serge Issakov
> Cc: Sdcbc
> Subject: Re: [SDCBC] Pulled over for "taking the lane"
> 
>  
> 
> Dear Serge:
> 
>    Well, there was this whole little leatherette-bound legal-book looking booklet Mssrs. Baross and Vance (I believe) returned with from Washington DC that Ms. Keehan was extremely enamored of. A laminated card, even a 4x6er printed both sides is not enough space for full text of laws (and barely enough for the DMV tips, if you do this at home BE SURE TO SPECIFY THEY CAME FROM THE DMV -- gives them more credence -- "even the Department of Motor Vehicles wants me to ride out here -- see?"). However, a handy little sixteen page booklet might be a spiffy item, and have enough space for the full legal text....
> 
>    I shall return to this topic in a future post, when I've collected more of my thoughts.
> 
>  
> 
> Robert Leone
> 
> -----Original Message----- 
> From: Serge Issakov 
> Sent: Apr 3, 2008 11:24 AM 
> To: rob_leone at earthlink.net 
> Cc: Mary Winn , Sdcbc 
> Subject: Re: [SDCBC] Pulled over for "taking the lane" 
> 
> 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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