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!

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Beverly Hills City Council UNANIMOUSLY OKs SM Blvd Bike Lanes

In an incredible turnabout tonight, all five Beverly Hills councilmembers agreed to include bicycle lanes on our segment of Santa Monica Boulevard. The unanimous vote demolished the specious claims put forth by NIMBY opponents. And it recognized the solid arguments brought forth by forty speakers and scores more comments from proponents of safe multimodal mobility. In sum, bicycle lanes not only make riders feel safe, they actually make us more safe.

In what amounts to a total victory, we not only gained five votes for lanes; we also have support from three councilmembers for high-visibility lanes. On that point, the only discussion concerned just how conspicuous we could make them. Councilmember Mirisch suggested a very specific shade of blue to pop out; even better, he said, let’s make any colored treatment self-illuminating. (Is this Beverly Hills?!)

Third, and most incredibly, it looks like we have Council approval to actually make an incremental reduction – yes, reduction – in the #1 (inside) vehicular lanes. Staff had¬†inexplicably recommended 11-foot inside lanes, much wider than necessary, while whittling down our bicycle lanes to a bare-minimum 4’6″. Councilmembers asked, Why so wide? With some support from our transportation consultant, Iteris, it now looks like the boulevard’s #1 lanes may shrink to 10.5 or even 10 feet. (Pinch me. Where am I?!)

In a perverse bit of irony, that too-wide #1 lane recommendation included in the staff report might have allowed opponents to have their cake and eat it too. Three years ago they throttled the boulevard’s width and almost squeezed out bicycle lanes. (We barely got the necessary width back in January 2015). Yet now lane opponents claimed that the only bicycle lanes that would fit on a boulevard they worked so hard to narrow are simply not safe to ride. The balls of it.

But their argument was dispatched tonight with alacrity because, unlike opponents, our councilmembers actually reviewed the prevailing design guidance and agreed: 11 feet is too wide. Moreover, the Council majority embraced the notion that narrower lanes would calm Santa Monica Boulevard traffic. (Seriously, in Beverly Hills?!)

The incredulity expressed by councilmembers regarding our opponents’ flimsy arguments against bicycle lanes suggested two things as the evening progressed:

  1. Complete streets is a concept whose time has finally come in Beverly Hills. We’re embarking on a complete streets plan process now, and the embrace of safe, multimodal mobility makes all the difference between ginning up a pro-forma, check-the-box complete streets plan; and a real policy statement and implementation framework that would actually make our streets safe for all road users. It’s the difference between cynicism and optimism.
  2. The NIMBY zombie that has come back, time and again, to loom like a black cloud over every discussion of bicycle lanes in Beverly Hills has finally been banished. Not only could the opposition forces not muster the enthusiasm (let alone numbers) of years past; their arguments were transparently disingenuous.

For this we can thank Mayor Lili Bosse for her leadership. She made the bike plan a priority; then she literally put bicycle lanes back on the agenda; and finally, tonight, she proclaimed, “bike lanes everywhere!” John Mirisch, likewise is a solid ally and a complete streets supporter. He always has been. And rounding out the loudest voices for multimodal mobility, councilmember Robert Wunderlich is all about making our city bikable. (C’mon, man, this is Beverly Hills?!)

That’s just three votes, of course, but we got five for lanes. I trust that Vice-Mayor Gold and councilmember Friedman will come around.

If there was one outcome worth the many-years wait, it is that we in Beverly Hills have conclusively put to rest the fictions that have long-driven our transportation planning. That we could remain an isolated suburb in the center of a sprawling urban region with serious mobility and quality-of-life challenges; and that we could cling tight to a 20th-century car culture even as we enter the second decade of the 21st century.

Thanks be to all of our friends and supporters who have been there from the beginning – and those that joined us tonight for the first time. You will get your due when this is updated with a full-on report! Onward!

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