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

Santa Monica Blvd Recap & Update

Recently we spoke with Aaron Kunz, Deputy Director for Transportation, about Santa Monica Boulevard reconstruction and what to next expect in the process. Recall that back in March, the Council majority seemed unwilling to concede an extra foot of width to accommodate them. But the ballooning cost estimate stalled the project, and the Council deferred action pending more information about costs and traffic mitigation.

Santa Monica Boulevard: Quick Recap of the Timeline

The reconstruction of Santa Monica Boulevard has proved to be a much greater challenge than expected when the project was put on the city’s agenda in September of 2010. Back then, construction was anticipated to begin mid-2013. But that timeline began to slide in early 2012 when, prior to distribution, the draft project RFP  was referred back to staff because it specified no ‘complete streets’ measures as part of the project.

(The inclusion of complete streets principles is entirely discretionary, yet, as we recommended to the city, would be forward-looking. In 2009, a new state law directed localities to include complete streets principles in plans and policies by 2011. The intent was to ensure that making streets ‘complete’ or safe for all users would guide local transportation planning and infrastructure construction. But Beverly Hills got under the wire with a general plan update in 2010, and of course our city has passed no local complete streets ordinance to mandate such safety measures.)

Beverly and triangle intersections compared

Crosswalk across Beverly Boulevard (at SM) needs a bit of TLC compared to the triangle’s upgraded streetscape.

As a result of our own inattention, complete streets treatments (like continental crosswalks and traffic calming measures such as curb extensions) are rare in Beverly Hills anywhere outside of the polished diamond of the business triangle.

When the draft RFP came up for Council review, then-Mayor John Mirisch argued that complete streets principles should frame expectations for this key transportation project and Council agreed. But even with that revised RFP, the project contract wasn’t signed until a full year later.

What should tomorrow’s corridor look like? City Council in the fall of 2013 appointed a Blue Ribbon Committee to consider conceptual design options. The committee’s work concluded in January of 2014. Between the Blue Ribbon and City Council meeting in March of this year, over 200 members of the public commented in support of bicycle lanes…public input which the Council majority seemingly opposed to lanes simply waved away. Since then, the entire project has been (figuratively) parked.

What’s next?

Backbone Bike NetworkWhile city staff & consultants prepare traffic mitigation options and revised cost estimates, Council is pondering the politics of boulevard widening and the prudence of dual-phasing the project with the western segment coming later. As we earlier observed, the problem for riders is that the lanes option could slip away unless we keep our focus on the project as a larger piece of the regional bicycle backbone network (right); and that much-needed safety improvements to the Santa Monica-Wilshire intersection may be deferred indefinitely.

On September 23rd the project comes back to City Council. Will Council then address the bicycle lanes question? Aaron Kunz from Beverly Hills was not committal; he described the agenda item it as more of a discussion about cost and traffic mitigation. But the traffic mitigation issue is directly related to the bicycle lanes question: if Council decides to unduly limit the width of tomorrow’s boulevard (to 63 feet or less, for example) it will forever preclude bicycle lanes for Santa Monica Boulevard.

In effect, Council could decide the lanes question simply by choosing a specific mitigation option that boxes out the possibility, without ever directly addressing the merits of a bicycle lane.

We’ll know more about the contours of the Council’s discussion when the staff report is released the Friday before.

BH Chamber GAC logoBefore that Council meeting, however, the Beverly Hills Chamber has scheduled an August 21st government affairs committee meeting to discuss the bike lanes option. As presented in the announcement, the Chamber will receive pro & con positions on the lanes, with high-profile NIMBYs like Robert and Bob Tanenbaum and Thomas White speaking out against them. You are urged to attend. More information can be found in our earlier post.

Don’t you can email members of City Council to remind them that you ride in and around Beverly Hills and that safe passage along this corridor is not discretionary – it is an obligation for the city to provide. Use our handy contacts cheat sheet and remind city officials that bike riders matter too.

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