Ride Smart: Know the Law

Ride Smart: Know the Laws!

learning to rideMost of us learned how to ride a bike before we learned how to drive. It was about balance and steering and fun, which was great for the schoolyard but not so good for riding the streets. Yet we turn kids lose on the streets and (even worse) the sidewalks every day even as they’re unprepared for the car emerging suddenly from the alley or the driver running a stop sign.

And as drivers, we adults are not generally conditioned to see the road from a rider’s perspective. We’re generally under-schooled in road rules yet we’re responsible for safely co-existing with  more vulnerable road users.

Consequently riders have to be more aware. Not only that but also more cognizant of the law because specific laws apply to us when we ride. Read on for a brief overview of the State of California laws that apply, and then go to Local Ordinances Affecting Cyclists to understand how local laws affect us.

How Laws Regulate Cycling

Vehicle code bookThe California Vehicle Code (CVC) provides a legal framework for regulating travel on public roads. A cyclist must hew to most of the laws that regulate motoring (the ‘rules of the road’) and then a few more under the CVC’s Section 21200-21212. It is worth familiarizing yourself with the code. Let’s summarize the basics:

  • Ride on the street with traffic flow and follow the law as any motorist would. That means stopping at all stop signs and obeying traffic control devices.
  • Keep to the right of the roadway when practicable, which means you can pass on the left, drift to the left when there’s a right-turn lane, or maneuver as necessary to avoid dangerous conditions. If your lane is not wide enough to share with a bus, say, don’t share it; ride confidently nearer to the center.
  • Use hand signals to indicate your turns because you can’t expect motorists to anticipate your next move. Always execute your left turns from the left turn pocket (if available) or from a commanding position in the leftmost lane. Alternately, cross the intersection and wait for the crossing signal.
  • Ride attentively, predictably, and responsibly (no dual earbuds on the road – it’s against the law!).

Again, ride to the right where practicable. That does not mean wherever possible. Don’t ride in the gutter or otherwise hug the curb, especially if passing traffic poses a hazard. And if you’re cited for riding in the middle of the lane when it’s a) not wide enough to share and/or b) you feel that you couldn’t safely ride to the right, refer the judge to this section of the state law:

Any person operating a bicycle upon a roadway at a speed less than the normal speed of traffic moving in the same direction at that 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 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, subject to the provisions of Section 21656. 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. http://www.dmv.ca.gov/pubs/ accessed 9/3/2010 (4) When approaching a place where a right turn is authorized. (CVC Sec. 21202)

To be clear, you’re required to yield the lane by riding to the right only when a reasonable person would find it safe to do so, or if the lane accommodates both you as a rider and large vehicles (trucks and buses).

A couple of additional pointers when riding our busy streets:

  • Hold to a straight line where possible (for example when passing parked cars don’t weave to the curb and back into traffic)
  • Refrain from sidewalk riding in any jurisdiction unless safety absolutely demands it
  • Wherever you ride, be extra careful at potential conflict points like driveways, shop doors and crosswalks
  • Children must wear a helmet that meets state safety standards but adults are not required
  • At all costs avoid physical conflict with motorists: instead get their plate and report it to police (and to the cycling community).

That last point is important: if you are stopped and cited for any reason, follow the suggestions of bicycle attorney Bob Mionske as you gracefully accept your citation to fight on another day in court. If you’re unfortunately involved in a collision, why Bob’s got advice for that too.

State Motor Vehicle Code Excerpts

A “bicycle path crossing” is either of the following: (1) That portion of a roadway included within the prolongation or connection of the boundary lines of a bike path at intersections …[or] (2) Any portion of a roadway distinctly indicated for bicycle crossing by lines or other markings on the surface. — California Vehicle Code Sec. 231.6

[I]t is unlawful for any person to ride a bicycle upon a highway while under the influence of an alcoholic beverage or any drug, or under the combined influence of an alcoholic beverage and any drug…A conviction of a violation of this section shall be punished by a fine of not more than two hundred fifty dollars. — CVC Sec. 21200.5

No person shall operate a bicycle on a roadway unless it is equipped with a brake…[or] equipped with handlebars so raised that the operator must elevate his hands above the level of his shoulders [or] that is of a size that prevents the operator from safely stopping the bicycle [and] supporting it in an upright position…. — CVC Sec. 21201

A bicycle operated during darkness upon a highway, sidewalk, or a bikeway shall be equipped with a lamp emitting a white light that illuminates the [way] in front of the bicyclist; a red reflector visible from 500 feet; a white or yellow reflector on each pedal, shoe, or ankle; and reflectors on each side forward & rear of the center of the bicycle… — CVC Sec. 21201

Any person operating a bicycle upon a roadway at a speed less than the normal speed of traffic shall ride as close as practicable to the right- hand curb or edge of the roadway except (1) When overtaking and passing; (2) When preparing for a left turn at an intersection, private road, or driveway; (3) When reasonably necessary to avoid conditions that make it unsafe to continue; or (4) When approaching a place where a right turn is authorized. — CVC Sec. 21202

Any person operating a bicycle…shall ride as close as practicable to the right- hand curb or edge of the roadway except…[w]hen reasonably necessary to avoid conditions (including, but not limited to, fixed or moving objects, vehicles, bicycles, pedestrians, animals, surface hazards, or substandard width lanes)… 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. — CVC Sec. 21202

Any person operating a bicycle upon a roadway of a highway, which highway carries traffic in one direction only and has two or more marked traffic lanes, may ride as near the left-hand curb or edge of that roadway as practicable. — CVC Sec. 21202

A person operating a bicycle upon a highway shall not ride other than upon or astride a permanent and regular seat attached thereto…If the passenger is four years of age or younger, or weighs 40 pounds or less, the seat shall have adequate provision for retaining the passenger in place… — CVC Sec. 2014

No person operating a bicycle shall carry any package, bundle or article which prevents the operator from keeping at least one hand upon the handlebars. — CVC Sec. 2105

Any person operating a bicycle upon the roadway at a speed less than the normal speed of traffic moving in the same direction at that time shall ride within the bicycle lane, except that the person may move out of the lane [When] overtaking and passing another bicycle, vehicle, or pedestrian…and passing cannot be done safely within the lane; When preparing for a left turn; When reasonably necessary to avoid debris or other hazardous conditions; When approaching a place where a right turn is authorized. — CVC Sec. 21207

No person operating a bicycle shall leave a bicycle lane until the movement can be made with reasonable safety and then only after giving an appropriate signal in the event that any vehicle may be affected by the movement. — CVC Sec. 21207

No person shall drive a motor vehicle in a bicycle lane established on a roadway except to park where parking is permitted, to enter or leave the roadway, or to prepare for a turn within a distance of 200 feet from the intersection. — CVC Sec. 21209

No person shall leave a bicycle lying on its side on any sidewalk, or shall park a bicycle on a sidewalk in any other position, so that there is not an adequate path for pedestrian traffic. Local authorities may, by ordinance or resolution, prohibit bicycle parking in designated areas of the public highway, provided that appropriate signs are erected. — CVC Sec. 21210

A person under 18 years of age shall not operate a bicycle…nor ride upon a bicycle or any other public bicycle path or trail unless that person is wearing a properly fitted and fastened bicycle helmet that meets [ASTM or CPSC] standards. The parent or legal guardian having control or custody…shall be jointly and severally liable with the minor for the amount of the fine… — CVC Sec. 21212

A person under 18 years of age shall not operate a bicycle…nor ride upon a bicycle or any other public bicycle path or trail unless that person is wearing a properly fitted and fastened bicycle helmet that meets [ASTM or CPSC] standards. — CVC Sec. 21212

A person under 18 years of age shall not operate a bicycle…unless that person is wearing a properly fitted and fastened bicycle helmet… Any charge under this subdivision shall be dismissed when the person charged alleges in court, under oath, that the charge against the person is the first charge…under this subdivision — CVC Sec. 21212

Read more about the city laws that affect us on our Local Ordinances Affecting Cyclists page. And refer to the Los Angeles County Bicycle Coalitions helpful summary of the laws with relevant state statutes linked. Have a look at their handy LACBC Road Rules pocket guide [pdf]. Join the LACBC to get your paper copy!

Recent Posts

Political Accountability Takes a Holiday in Beverly HIlls

Scale of justiceThe usual mechanism for holding officials accountable in a representative democracy is the ballot: if we don’t like how we’re served by our representatives, we can simply “vote the bums out.” But what happens when elections come around and nobody steps up to challenge incumbents? Beverly Hills should be holding a municipal election this March for two Council seats, but the only two candidates to step forward are incumbents. So we simply cancelled the election. Here the practice of governing falls short of theories about governance, and political accountability for unsafe streets takes a holiday.

The ballot box is a powerful lever for affecting the priorities of elected officials. Here in Beverly Hills, our opportunity comes every odd year. Terms for our five-member City Council are staggered; two seats come open in March election and three in 2017. Because office of the Mayor is a ceremonial office, each council elections is our key opportunity to shape the direction we want the city to take. In large part that’s because the ballot we cast affects how the city is managed.

Beverly Hills org chartIn Beverly Hills, City Council appoints a city manager, the technocrat who manages departments, conducts and supervises hiring, and implements programs among other responsibilities. According to the organization chart, the city manager takes direction from councilmembers and manages the staff. But one thing left off the chart is the need to manage staff inertia – the  preference not to act. That’s often chalked up to risk aversion, which is a characteristic of local governments.

Also left off the city’s organization chart is the city manager who doesn’t take direction well. Here in Beverly Hills, we’ve seen friction emerge between City Council and City Manager Jeff Kolin over the management of the Santa Monica Boulevard reconstruction process, as well as the enduring vacancies on the Beverly Hills Police Department. Mr. Kolin announced his retirement come January.

And not a moment too soon. Beverly Hills City Hall is defined by inertia; it’s where good ideas die on the vine for want of City Manager leadership or staff concern. In our five years advocating on behalf of safe streets and multimodal mobility, we’ve seen remarkably little action on that agenda from our officials beyond the empty rhetoric of plans and press releases. Little of substance reflects the city’s stated policy objectives in the Sustainable City Plan and the General Plan’s circulation element such as reducing congestion, slowing the growth of greenhouse gas emissions, and yes, encouraging cycling. Even rhetoric went missing: the city manager is rumored to be a cyclist himself but seems remarkably reticent when it comes to speaking up for safer streets. In fact, we can’t ever recall him uttering a word about making Beverly Hills bike-friendly.

Come 2015, however, we expected the opportunity to nudge our city in the right direction mobility-wise: we were to go to the polls to choose two councilmembers and to work with a new city manager. If only it were so! When no challenger stepped forward to contest a Council seat, our election was canceled (as many have been across Los Angeles County) as no challenger filed the required number of signatures necessary to run.

Because Councilmembers Lili Bosse and Dr. Julian Gold were simply appointed to four-year terms by City Council, missed an opportunity to hold City Hall accountable. And we missed an opportunity to reflect on recent changes in how our city operates. City Council strengthened the hand of insiders, for example, by reducing the size of city commissions to narrow the gate for new, incoming ‘team players.’ City Council raised the limits on contributions, too, in our small city too vulnerable to influence-buying.

Moreover, City Hall has ‘liberalized’ planning regulations; weakened our preservation standards; and reassigned some zoning decisions to an administrative process behind closed doors from quasi-judicial hearings as in the past.

If many of us didn’t pay attention to these policies as they percolated though the governing process, with a canceled election we don’t have any means of giving our collective thumbs-up or thumbs-down at the polls. Ballot box accountability is particularly important because few residents pay attention to what our commissions are doing, according to our quick look at commission meetings:

Commission meeting attendance montage

Commission business in Beverly Hills don’t pull in the stakeholders.

Then again, few pay attention to the polls. The city’s turnout is remarkably anemic. Just 22% of those registered actually voted in the municipal election of 2013, marking a long-term overall slide in voter interest:

Beverly Hills turnout 1950-2013 chart

In the 2013 election, for example turnout was fewer than 5,000 votes in a city of 38,000 residents (22%). One of the three contested city council seats that election was secured with just 2,540 votes (merely 7 more than the runner-up).

In fact, it takes fewer than three thousand votes to secure a City Council seat in our city of 38,000 residents, which means opportunity for those who are involved, and organized, like north-side homeowners, to gain disproportionate influence and use a heavy hand on the tiller of the ship of state.

For those of us who chafe at the city’s inaction on street safety, and who feel frustrated that our calls to make Beverly Hills bike-friendly falls on officials’ deaf ears, we can only lament the missed opportunity at the polls to hold City Council accountable. Instead of a campaign season that might have tested candidates’ commitment to multimodal mobility –  as our plans urge, by the way – we’ll instead wait for our next chance in 2017 to put our own hands on the tiller.

*And maybe it was overdue, as it is surprising to learn how little backing is necessary in order to gain a toehold in local government. In 2013, the three winning candidates spent an average of less than $20 per vote to run a campaign. (Councilmember Willie Brien was the big spender: he broke the bank at $25 spent per voter.) Clearly it doesn’t take very much to keep the wheels of governance turning in Beverly Hills, which is good news to the lobbyists and ‘influencers’ who ply City Hall corridors.

  1. City Council Punts: Bike Lanes Deferred Again [Recap] Leave a reply
  2. Death Blow to SM Blvd Lanes Likely Tomorrow 7 Replies
  3. Are Fading Beverly Hills Bike Facilities a Metaphor? Comments Off
  4. CicLAvia October, 2014 in Pictures Comments Off
  5. A Campaign Ad That Transit Buffs Can Appreciate Comments Off
  6. Just a Few New Bike Racks Coming to Bevery Hills Comments Off
  7. Jerry Brown: No Friend to Vulnerable Road Users Comments Off
  8. CicLaVia Returns Sunday, October 5th Comments Off
  9. Gran Fondo Italia Comes to Beverly Hills on 9/28 3 Replies
  10. Three Feet for Safety Act Goes into Effect Today! Comments Off
  11. How NOT to Make a Street Safety Video 1 Reply
  12. Strava App Data Maps Rides for Planners, Too Comments Off
  13. Santa Monica Blvd Recap & Update Comments Off