CABO was informed that a cyclist was cited for violating CVC 21202. He felt that he was unfairly cited, fought the citation in traffic court and lost. We can’t reveal specifics of the case because the cyclist is currently preparing an appeal.
The text of CVC 21202 is available here: http://www.dmv.ca.gov/pubs/vctop/d11/vc21202.htm. A discussion regarding the applicability of this law is here: http://www.cvcbike.org/club/bikelaw.htm
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 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.
(4) When approaching a place where a right turn is authorized.
(b) 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.
If the cyclist’s appeal is successful, justification is needed in order to get the decision published. We need examples where other cyclists may have been unfairly cited – or even if stopped, delayed or harassed in any way by a law enforcement officer – for allegedly violating CVC 21202. Please post here and/or contact us at cabobike -at- cabobike -dot- org as appropriate.
We still need to hear about instances of abuse/harassment, inappropriate citing and/or judgements. I am moving forward with likely support from CBC to address abuses. The approaches I am pursing include (1) getting help from Assembly member Kehoe to develop a task force of “stakeholders” – CHP, police chiefs, courts, and bicyclists – to explore remedies (if they will find/admit that there is a problem); (2) developing legislation to modify CVC to make it crystal clear that bicyclists may “use full lane” in appropriate circumstances; or (3) get a supportive written/published opinion from the State Attorney General’s Office.
Yes, it will be helpful to have documentation of problems we have encountered… even factual stories.
Thanks
Jim Baross
CABO President
Four weeks ago I was struck by a car while riding my bike in San Juan Capistrano, CA.
I was proceeding through an intersection by the local high school,
which has two right turn lanes as well as a thru traffic lane. Well as
I approached the signal. which was red upon my approach, I was getting
ready to pause at the corner of the intersection, near the curb, when
the light turned green. I looked for cars and began to ride through the
intersection. After I well entered the intersection, two cars then
approached in the right turn lanes and did not stop but instead
proceeded to turn right through the intersection. The first car swerved
into the outside right turn lane and missed me, but the second car did
not. The driver of the car that struck me stopped and stated, first,
that he did not see me because of the other car. Later he said he
thought he could make it by me. And lastly he said, he was late for
class. I felt it was a pretty clear case of failure to yeild but according to the Orange County Sheriff’s accident report, I may be equally liable for the accident
because I did not move out from the bike lane; near the curb, away from
the crosswalk and into the thru traffic lane. I am lucky I was not
severely injured, crippled, etc. except for the
past month of feeling like I was hit by a car, but I did lose my good
friend, my bike.
Do you have opinions, input, possible avenues to pursue etc. for me. Any help is greatly appreciated.
Regards,
Tom Cavanaugh
San Juan Capistrano, CA
Until the cyclists realize that their 200 pounds is easily mowed down by a 2500-5000 pound automobile we will continue to watch arrogant and ignorant cyclists pretend they own the road and experience horrific accidents.
I am a cyclist. I do not wear the ‘sperm suit’ clothing because I do not want to be lumped in with the activist and elitist cyclists who believe that they are better than automobile drivers. I wear a bright cotton shirt and a pair of shorts. I am just a regular guy out to have some big kid fun on a bike. I do not ride where the traffic is dense and congested. I will not become a cycling statistic.
And for all of you cyclists who are about to reply, don’t bother. I know your viewpoint way too well. When I was a member of a cycling club I heard all the reasons why cyclists are superior in almost every way to anyone driving an automobile. Wake up. You are outnumbered on the road. Let the cyclist beware.