Modifying CVC 21202?

California Assemblymember Ting has introduced a bill, AB 2509, to clarify the Calif. Vehicle Code 21202 that too often gets described as the “ride as far to the right as possible” rule or “get out of the way” by some motorists and police officers. CABO is supporting Assemblymember Ting’s effort but also recommending two things.

Why not just deleted 21202 – it’s useless and dangerous, or consider our recommendations for the wording of a modified 21202.

Here’s what we recommended:
21202
(a) A 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.
(b) Subdivision (a) does not apply to a person operating a bicycle in 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 traveling in a lane that is too narrow for a vehicle to safely pass the bicycle within the lane with at least three feet of clearance.
(4) When reasonably necessary to avoid conditions that make it unsafe to continue along the right-hand curb or edge, subject to Section 21656, including, but not limited to, fixed or moving objects, vehicles, bicycles, pedestrians, animals, and surface hazards.
(5) When approaching a place where a right turn is authorized.
(6) When riding within a bicycle lane established pursuant to Section 21207.
(7) When riding within a travel lane where an official traffic control device indicates that the lane is a shared lane or that bicycles may use the full lane. (8) When bicycling two or more abreast in any situation described in sections (1) to (7), inclusive.
(c) A person operating a bicycle upon a roadway that carries traffic in one direction only and has two or more marked traffic lanes may ride as close to the left-hand curb or edge of that roadway as practicable.

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About Jim Baross

I bicycled across the USA from East to West in 1976 leading groups of bicyclists for the “Bikecentennial ’76 “event and again in 2007 riding this time from West to East with my two sons. I was first certified as an Effective Cycling Instructor in 1986 by the League of American Bicyclist and have been an active League Cycling Instructor for the League since then. In 2002 I gained acceptance as a Cycling Instructor Trainer and since then have conducted 11 training seminars for certification of League Cycling Instructors held in San Diego, San Jose, Santa Barbara, San Luis Obispo, Sacramento, Morgan Hill, Fairfax, and Palo Alto. I completed the San Diego Police Bicycle Skills Menu Course in 2003 and I have been an expert witness for bicycling crash incidents. I presently serve on several bicycling advisory committees and advocacy organizations. Chair - Bicycle-Pedestrian Advisory Working Group for the San Diego regional association of governments since 1995 Vice Chair - California Bicycle Advisory Committee for the State Dept of Transportation, a member since 1992 President - California Association of Bicycling Organizations Board member - California Bicycle Coalition California State Ambassador – League of American Bicyclists Co-Chair California Strategic Highway Safety Plan, Challenge Area 13, Improving Bicycling Safety Conferences, seminars and similar events at which I have attended and presented bicycling safety information and training include the following: Speaker/Presenter, Calif. Office of Traffic Safety, Summit “What to do about all these bicycles in Traffic”, 2009 ProWalk-ProBike Conference, Seattle WA., 2008 Attendee/Speaker, League of American Bicyclists, Bike Education Conference, Wisconsin and New York City, 2002 & 2007 Velo Mondial, Amsterdam. 2000 Speaker/Presenter, Calif. Office of Traffic Safety’s Summit “A Vision for Roads to Traffic Safety”, 2000 Speaker Autovation conference, San Diego 2005 Chair, California Strategic Highway Safety Plan, #13 - Improve Bicycling Safety Presenter, California Strategic Highway Safety Plan Summit, 2008 Anaheim Attendee, League of American Bicyclists, National Bike Summit, Washington, DC, 2006 & 2008 Presenter, Walk/Bike California Conferences, Oakland 2003, Ventura 2005, Davis 2007 Speaker, Making the Connection International Trails and Greenways Conference Presenter, Safety N Kids, Conference, “Children Learn Best by Good Examples From Those They Trust”, 2006 Speaker, ITE Conference 2006 Dana Point, Calif., “Engineering for Bicycling, From a Bicyclists Point of View” Exhibitor/Speaker, Lifesavers, National Conference on Highway Safety Priorities, 2004 References familiar with my bicycling background and experience include: Kathy Keehan, Exec Director San Diego County Bicycle Coalition, Ph: 858-487-6063, Email: execdir@sdcbc.org Stephan Vance, Chair Calif. Bicycle Coalition and SANDAG Senior Planner, Ph: 619-595-5324, Email: sva@sandag.org Ken McGuire, Chief Bicycle Facilities Unit, California Dept of Transportation, Ph: 916-653-2750, Email: ken_mcguire@dot.ca.gov Preston Tyree, Director of Education, League of American Bicyclists, 1612 K St., NW, #800, Washington, DC 20006, Ph: 202-822-1333 x 227, Email: Preston@bikeleague.org