Tag Archive for CVC 21202

Weekend Links: The CHP gets it wrong again, the LA Times gets it right, and North Fig safety dogs Cedillo

We’re still at 19 new or renewing members of the Los Angeles County Bicycle Coalition in the first-ever May BikinginLA LACBC Membership Drive after yesterday’s unplanned absence.

So let’s get two more people to sign up or renew your membership now to make it 21 new members by the 21st.

Your fellow bike riders are depending on you to add your support to the LA area’s leading voice for bicyclists, and help make this a more bikeable, livable and equitable city.

Never mind the great LACBC gear you’ll get just for signing up.

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Happy Bike to Shop Day.

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Once again, the CHP gets it wrong.

Despite what a CHP officer told the OC Register’s traffic columnist, there is no law in California requiring cyclists to ride single file, on narrow roads or anywhere else.

Even though the department has been known to misapply CVC 21202, which requires bicyclists to ride as far to the right as practicable.

However, subsection 3 of the ride to right law exempts substandard lanes from that requirement, explicitly stating that the law does not apply on any lane that is too narrow for a bicycle to safely share with a motor vehicle. In most cases, that means any lane less than 14 feet wide, since bike riders are allowed to ride a safe distance from the curb, and drivers are required to give at least a three-foot passing distance.

That means, despite the officer’s assertions, that there is no legal justification for ticketing cyclists who ride abreast in a narrow lane, and no requirement under California law that they ride single file in the scene shown in the photo accompanying the column, where the lane is clearly too narrow for a cyclist to safely share with most cars, let alone a truck or SUV.

Yes, it is courteous to allow drivers to pass when safe to do so.

However, it is often safer for bicyclists to ride side-by-side on narrow roadways — not so they can chat, but to increase visibility and prevent unsafe passing.

As for whether it’s legal to cross a solid yellow line to pass a cyclist, that is allowed in most states with a three-foot or wider passing law. Unfortunately, Governor Brown vetoed an earlier version of California’s three-foot passing law that would have allowed drivers to briefly cross the center line to pass a cyclist, but only when safe to do so.

It’s not the officer’s fault he doesn’t know the law in this case.

The CHP has long failed to adequately train their officers in bike law, forcing officers to rely on cheat sheets that don’t list the many exceptions to CVC 21202, or go into detail on any of the other laws governing the rights and responsibilities of bike riders.

But providing false information like that only puts bike riders at needless risk, and encourages driveway vigilantes to take out their frustrations on bicyclists who are riding safely and within their rights.

Let alone subjecting them to tickets that aren’t legally justified, but are often too difficult to fight.

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Great opinion piece from Paul Thornton the LA Times, who says if LA really wants to encourage more bicycling, the city needs to fix the roads so they’re safe to ride.

He also calls out former councilmember Tom LaBonge and current member Paul Koretz for dangerous decisions that defeat the purpose of the city’s Mobility Plan.

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The Eastsider examines the North Figueroa safety issues dogging CD1 Councilmember Gil Cedillo, as he claims to be working to improve safety, despite unilaterally cancelling a road diet designed to do exactly that.

And they talk with Flying Pigeon LA bike shop owner Josef Bray-Ali, who has thrown his hat into the race to challenge Cedillo in next year’s city elections.

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Germany’s Andre Greipel wins his third sprint of the Giro d’Italia, then promptly quits the race. Andrey Amador takes the leader’s jersey from Bob Jungels after the 13th stage, becoming the first Costa Rican to lead a Grand Tour.

Cycling Weekly examines five talking points about the Giro as the race reaches the legendary Dolomites this weekend.

This has been one of the most democratic Amgen Tour of California’s in memory, as the race had yet another stage winner in Latvian pro Toms Skujins. Aussie Rohan Dennis won Friday’s time trial to leap into second place, 16 seconds behind leader Julian Alaphillppe.

Meanwhile, American Megan Guarnier won the first stage of the women’s tour in a last minute breakaway.

The AToC heads to Santa Rosa today, on the same day the city hosts their 122nd Rose Parade. Which is different from Pasadena’s Rose Parade.

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Local

CiclaValley reacts to Thursday’s bicycling fatality in Panorama City, which occurred just hours after he returned from Wednesday’s Ride of Silence.

LA’s Fox-11 concludes it is in fact possible to go carfree in SoCal.

The newly opened Expo Line extension adds 130 bike racks and lockers at seven new stations.

The LAPD has put out a BOLO Alert for a bike thief in the Central LA area.

South LA Councilmember Joe Buscaino rode an ebike 25 miles to work at City Hall in observance of Bike to Work Day.

KPCC is the latest media site to talk with the Eastside’s Ovarian Cycles Bicycle Brigade, who host their monthly women-identified Luna Ride tonight.

A writer for the Daily Bruin tweets that the board of directors for Westwood Village has voted to spend $44,000 for two bikeshare hubs in the village this fall. Unfortunately, the lack of bike lanes means there won’t be any safe places to ride them.

The Santa Monica Spoke invites you on a multi-modal Expo Line ride on Sunday.

The LACBC talks with Antelope Valley cyclist and soap maker Sharon Murdock.

 

State

It takes a world champion schmuck to steal an adult tricycle from a 67-year old Anaheim woman with multiple sclerosis.

A Huntington Beach man gets seven years for beating a police officer who stopped him for an alcohol violation while riding his bike; the officer’s daughter was doing a ride along and witnessed the assault. Not that the sentence isn’t warranted, but why is it that motorists seldom get a fraction of that for actually killing a cyclist or a pedestrian?

Potential San Diego bike commuters want more than just bike lanes to get them to ride, like showers and more considerate drivers. They have a much better chance of getting the showers.

A Fresno cyclist says don’t count on laws to protect you from distracted drivers.

In a seriously disgusting assault, a white Rancho Murieta driver ran a black bike rider off the road before getting out and punching him, after telling the victim to “go back to the hood.”

 

National

Members of the bicycle industry finally bind together to promote bicycling in the US. Something should have been done decades ago — and with a much higher budget.

HuffPo says we’ve been brainwashed into calling crashes accidents.

Caught on video: A Seattle truck driver jumps the curb in an apparent attempt to run down a bike rider; the action starts after the 1:50 mark. Note to cyclists: when you’re posting video of drivers behaving badly, feel free to delete the extraneous footage leading up to it.

A Salt Lake cyclist says he’ll be happy to pay for his fair share of the roads, as long as drivers pay theirs.

Agenda 21 is just so passé; evidently the new global bad guys are AARP and the World Health Organization, forcing age-friendly complete streets down the throats of those fine, upstanding Vermonters.

Apparently, traffic violations that put bike riders at risk don’t violate the rules of New York’s Taxi and Limousine Commission.

A DC bike commuter lists his pet peeves about riding to work, from cars that don’t signal to the traditional catcall to get on the sidewalk.

A bicycling Florida non-profit is redefining sharecropping, riding en masse to work organic gardens on land borrowed from homeowners; the model has already spread to Oakland and Uganda.

 

International

Brazil’s bike-riding president is running out of options to fight her ouster by impeachment.

A Toronto bike lane carries nearly as much bicycle traffic as the roadway next to it does cars.

Nothing like just now returning one of London’s Boris Bikes late after it was rented on New Years Day — in 2015.

London’s Telegraph asks if an increase in heavy truck traffic in the UK is responsible for an unexpected decrease in bike ridership. Not bloody likely, to use the vernacular.

More spending on bicycling would show Britain is serious about increasing ridership.

Two Afghan cyclists on a round the world journey stop in New York to tell UN Secretary-General Ban Ki-moon their country is tired of war and violence, before setting out across the US for Los Angeles.

An Aussie writer asks motorists to remember the driver who killed his 75-year old bike-riding uncle, showing rare understanding and sympathy for the inevitable impact it had on the man responsible.

 

Finally…

Forget self-driving cars; the next thing is Google’s interactive Levi bike jacket. Nothing like putting a billboard in the middle of a bike lane.

And the next time you’re in San Diego, a bronzed Bill Walton and his bike will be waiting to greet you on the shores of Mission Bay.

 

Morning Links: LA sheriff’s agree PCH cyclists belong in the lane; women could race in 2015 Pro Challenge

Don’t tell Seth Davidson.

But he’s rapidly turning into one of Southern California leading bike advocates.

After meeting with the police chief of Santa Paula on Friday, along with the LACBC’s Eric Bruins, in the aftermath of the recent anti-bike You Tube fiasco, the author of Cycling in the South Bay followed up with Sunday’s Sheriff’s Department ride-along on PCH.

Along with members of Big Orange Cycling, Davidson organized a demonstration of why large groups of cyclists belong in the traffic lane, riding abreast, rather than hugging the curb or weaving in and out of the lane while riding single-file.

In a result that should surprise no one, with the possible exception of most motorists and many law enforcement personnel, the deputies agreed that riding abreast in the lane was far safer than the other alternatives, and posed fewer problems for the drivers around them.

Which means that riders on PCH can expect fewer unfair and unfounded tickets for violating the requirement in CVC 21202 to ride as far to the right as practicable, which doesn’t apply on non-sharable lanes.

And the deputies agreed that the right lane of PCH is too narrow for a bike to safely share with a motor vehicle. Especially once the new three-foot passing law goes into effect in September.

As he points out, this is less a victory than a step in the right direction.

But it’s a damn big step.

And we all owe Seth, and the other riders involved, a round of thanks for fighting for our rights and helping them take it.

Thanks to Al Williams for the heads-up.

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Now that Kazakhstan-based Astana rider Vincenzo Nibali has won it, the Central Asian country wants to host the Tour de France. After a fan lost his helmet cam while filming stage three of the Tour, Europcar rider Kevin Reza films himself finishing the stage, then returns it to the owner. A team founded by Jock Boyer, the first American TdF rider, hopes to be the first all-African team to compete in the race. Jens Voigt looks back on the last of his 17 Tours.

And following the successful Le Course women’s race at the Tour de France, the USA Pro Challenge may consider letting women race next year.

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Local

A Freedom of Information request confirms an LAPD officer had no basis to claim bike lanes would delay emergency response times on North Figueroa, despite what he said during a sham hearing put on Councilmember Gil Cedillo.

CicLAvia is working on a route through several cities in southeast LA County for spring of 2016.

A new urban cycling bike shop is opening in Santa Monica, with a pre-grand opening happy hour on Wednesday.

Two Long Beach riding groups will meet Wednesday to discuss how to get more women riding in the city.

 

State

The Palm Springs area could get its own bike share program.

Mountain View is looking for a new Mobility Coordinator. I’ll take the job if I can do it from here.

 

National

A six-year old Portland girl makes her own sign criticizing the thief who stole her father’s bike.

My already bike-friendly Colorado hometown is getting buffered bike lanes.

Red Kite Prayer remembers mountain bike framebuilder Tom Teesdale, who died of a heart attack during Iowa’s RAGBRAI.

A question I’ve often asked myself — should you speak up when you see someone riding in a risky manner?

New York’s Citi Bike is cheaper than other transportation options, and faster than most.

 

International

Moving story of yet another bicycling visitor to this county whose life was cut short by an American driver; this time a young Toronto man run down outside Memphis.

The son of a fallen cyclist asks London’s mayor to stop promoting bicycling in an unsafe city.

A new Indian concept bike could fit in a backpack, and be reassembled in just 10 minutes.

Could a single bad decision ruin Tokyo cycling forever?

 

Finally…

A Boston-area cop begs to differ when a rider claims he can’t be arrested for refusing to give his name after running a red light. And a nice story, as LA Sheriff’s transit deputies and support staff buy a new bike for disabled Reseda man after his is stolen from the Chatsworth Orange Line Station. Nice work, guys.

 

Evil on trial: will CVC 21202 be the key to the trial?

It’s probably the most misunderstood traffic law on the books.

Ask just about any driver, and they’ll tell you that bicyclists are required to ride as closely as possible to the right side of the road. Even motorists who ride bikes are often convinced that we have to hew to the curb — if not the sidewalk.

They’ll also tell you that cyclists are required to ride single file.

It’s not true.

Section 21202 of the California Vehicle Code only requires cyclists to ride as closely to the curb as practicable — and then only when riding at less than the normal speed of traffic.

These days, many cyclists understand the first part, even if motorists don’t. They know the law doesn’t require them to ride through potholes and broken glass on the far right. Or confine themselves to the door zone, where they’re at risk from every inattentive driver who flings open a door or pulls out of a parking space without looking.

They know they’re allowed to ride far enough from the curb as necessary in order to ride in a safe and prudent manner — with the knowledge that the exact distance can vary from one road to another, at various times and under different road and traffic conditions.

But even cyclists are often unaware of the second part of that sentence.

The simple fact is, if you can keep up with traffic, you are legally allowed to ride anywhere you want on the road, as long as you follow the lane markings and ride with the flow of traffic.

If congestion causes traffic to slow down to 15 mph, you have every right to move over and take the full lane, until speeds increase to where you can no longer keep up.

Or when the speed limit holds traffic down to 20 or 25 mph, you’re free to take the full right lane — or the left, for that matter — if you have the skill to keep up. And nothing requires that you ride on the shoulder if you’re bombing down a mountain pass at highway speeds.

As long as you can keep up, you have the legal right to ride wherever you feel most comfortable.

It’s not just the law in California, either; section 11-1205 of the Uniform Vehicle Code says almost exactly the same thing. And to the best of my knowledge, it’s the law in every state of the U.S.

There is also no restriction about riding side-by-side in this state.

Section 11-1206 of the UVC says that cyclists may not ride more than two abreast, as long as they stay within a single lane and don’t impede the “normal and reasonable movement of traffic.” And I challenge you to find a single line in the California Vehicle Code which prohibits it.

And that brings us to this recent exchange of comments in last week’s discussion of the Mandeville Canyon case.

Dave Lewis noted that when riding down Mandeville, he often found himself riding at or above the posted 30 mph speed limit, without pedaling — which meant that he could take the full lane without violating CVC21202. And asked if anyone had raised that issue in court.

According to DJwheels, the cycling community’s eyes and ears in the courtroom, the speed of various cyclists on the road has been brought up several times during the trial.

The latest article from VeloNews says that data from their GPS units shows Watson was riding at 29.2 mph just prior to the incident, and Stoehr was traveling at 28.1 mph. Which means they were entitled to full use of the lane, and the Good Doctor would have had to have been traveling at significantly over the speed limit for the incident to have occurred the way both sides have described it.

The same article also notes that testimony from Patrick Early, who had an earlier, similar encounter with Dr. Thompson, estimated that the car approached him from behind at 40 – 50 mph.

Nothing in California law gives speeding vehicles priority over cyclists, or anyone else, using the road in a safe and legal manner. And as previously noted, riding two abreast is not prohibited by any statute in this state.

Which means that the cyclists were well within their rights, and this incident could not have occurred if Thompson hadn’t already — and evidently, repeatedly — broken the law.

As an attorney as well as a cyclist, DJwheels said he hopes the prosecution will ask for a simplified version of CVC 21202 to be included in the jury instructions so they can consider it during deliberations.

Meanwhile, a comment from another attorney, Jim Gallo, says it looks like the D.A. is doing all the right things in this case.

We’ll soon find out.

The prosecution rested its case on Friday; the defense begins today.

Read VeloNews coverage of the trial here, here and here. L.A. Times coverage here and here. DJwheels comments on the trial in L.A. Streetsblog coverage here.

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Debate over the proposed new L.A. bike plan goes on; Enci Box explains why non-cyclists should care, and Joe Linton covers the first meeting on the bike plan. Twenty-eight percent of L.A. commuters rely on something other than driving alone. Slower traffic should stay to the right, even on a bike path. The Interior Department says no to a Yosemite start in next year’s Tour of California. A D.C. writer takes U.S.A. Today to task for a badly misguided rant about two-wheeled trouble makers — including a misapplication of the Mandeville case. More riders are commuting to work; even New York magazine editors and people in Colorado ski areas. A Baltimore councilwoman suggests moving the bike lane out of the door zone. A Massachusetts writer observes that 79% of local cyclists obey the law. Finally, evidently California as a problem with elderly scofflaw cyclists, as an 82-year old Lompoc man was seriously injured, and an 80-year old Placentia man was killed — both after supposedly running red lights. I’d certainly like to know if there were any witnesses other than the drivers who hit them.

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