User:Born2cycle/CVCBikes

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The California Vehicle Code is the set of traffic laws that governs the behavior of vehicle drivers in the state of California. CVC 21200 establishes that a bicyclist "has all the rights and is subject to all the provisions applicable to the driver of a vehicle by this division" ("this division" is Division 11, the "Rules of the Road"), but there are some sections of the code that address bicyclists specifically. This article identifies and describes the sections of the California vehicle code that are especially relevant to bicyclists, explaining the relevancy as appropriate.

The Vehicle Code is divided into eighteen whole-numbered divisions, and also has about a dozen "decimal divisions" (like 16.7). The divisions relevant to the operator of a bicycle are:

• Division 11 - Rules of the Road - Per CVC 21200 bicyclists are subject to abiding by the rules that apply to drivers of vehicles in this division of the vehicle code. Specific sections particularly relevant to bicyclists are covered in detail below.
  • Use on Freeways
  • Helmets
• Division 16.7 - Registration and Licensing of Bicycles
  • Division 16 fine limitation

Laws Applicable to Bicycle Use: Peace Officer Exemption

21200. (a) Every person riding a bicycle upon a highway has all the rights and is subject to all the provisions applicable to the driver of a vehicle by this division, including, but not limited to, provisions concerning driving under the influence of alcoholic beverages or drugs, and by Division 10 (commencing with Section 20000), Section 27400, Division 16.7 (commencing with Section 39000), Division 17 (commencing with Section 40000.1), and Division 18 (commencing with Section 42000), except those provisions which by their very nature can have no application.

(b) (1) Any peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, operating a bicycle during the course of his or her duties is exempt from the requirements of subdivision (a), except as those requirements relate to driving under the influence of alcoholic beverages or drugs, if the bicycle is being operated under any of the following circumstances:

(A) In response to an emergency call.

(B) While engaged in rescue operations.

(C) In the immediate pursuit of an actual or suspected violator of the law.

(2) This subdivision does not relieve a peace officer from the duty to operate a bicycle with due regard for the safety of all persons using the highway. ^[1]

CVC 21200 states that bicyclists (who are not police officers) riding on roadways have all the rights and responsibilities applicable to the driver of a vehicle by Division 11 of the California Vehicle Code, which are the Rules of the Road. Alan Wachtel points out that a close reading of CVC 21200 reveals that provisions which apply specifically to drivers of specific types of vehicles (most notably drivers of motor vehicles) do not apply to bicyclists; only provisions which apply to general "drivers of vehicles" also apply to bicyclists ^[2]. See CVC 21703 below for an example that clarifies this distinction.

Right Side of Roadway

21650. Upon all highways, a vehicle shall be driven upon the right half of the roadway, except as follows:
(a) When overtaking and passing another vehicle proceeding in the same direction under the rules governing that movement.

(b) When placing a vehicle in a lawful position for, and when the vehicle is lawfully making, a left turn.

(c) When the right half of a roadway is closed to traffic under construction or repair.

(d) Upon a roadway restricted to one-way traffic.

(e) When the roadway is not of sufficient width.

(f) When the vehicle is necessarily traveling so slowly as to impede the normal movement of traffic, that portion of the highway adjacent to the right edge of the roadway may be utilized temporarily when in a condition permitting safe operation.

(g) This section does not prohibit the operation of bicycles on any shoulder of a highway, where the operation is not otherwise prohibited by this code or local ordinance.

Amended Ch. 58, Stats. 1988. Effective January 1, 1989.^[3]

CVC 21650 requires all vehicles (not just motor vehicles) to be driven "upon the right half of the roadway". Because of CVC 21200, this section applies to bicyclists - so bicyclists must ride on the right half of the roadway (not on the edge of the left half opposing traffic the way pedestrians are required).

Following Too Closely

21703. The driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicle and the traffic upon, and the condition of, the roadway.^[4]

Speed Contests

23109. (a) A person shall not engage in a motor vehicle speed contest on a highway. As used in this section, a motor vehicle speed contest includes a motor vehicle race against another vehicle, a clock, or other timing device.
...

^[5]

The only rules prohibiting drivers from "following another vehicle too closely" (tailgating) and racing are CVC 21703 and CVC 23109 respectively, but they apply explicitly only to drivers of motor vehicles. Since bicyclists have the same responsibilities as drivers of vehicles per CVC 21200, but not as drivers of motor vehicles ^[6], it is perfectly legal for bicyclists to draft and race on open public roads in California.

Roadway

530. A "roadway" is that portion of a highway improved, designed, or ordinarily used for vehicular travel. ^[7]

The section of the vehicle code, which defines "roadway", is relevant to bicyclists because the definition excludes shoulders (since shoulders are not "improved, designed or ordinarily used for vehicular travel"; vehicular travel on shoulders is prohibited), and bicyclists are required by CVC 21202 to only ride far right in the "roadway". This means bicyclists are never required to ride in the shoulder.

Operation on Roadway

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. Amended Sec. 4, Ch. 674, Stats. 1996. Effective January 1, 1997.

^[8]

Section 21202 (a) addresses the roadway position that a bicyclist moving slower than other traffic should use in the rare situations when none of the exceptions listed apply. Even then, the shall ride as close as practicable to the right wording is commonly misunderstood, even by law enforcement officers, to mean that a bicyclist must always travel as far as possible to the right-hand side of the road. Indeed the CVC synopsis carried by patrolmen in most of the Police Divisions of Los Angeles, California (where it is obtained from the uniform shop in Long Beach) actually carries incorrect wording, substituting possible for practicable. In fact, the phrase means the bicyclist is required to ride only "as far to the right as is safe". ^[9] This wording allows for some degree of subjectivity on the part of the cyclist. ^[10]

In addition, section 21202 is riddled with provisos and exceptions that limit when the requirement to keep right applies.

The combination of the actual legal meaning of the practicable wording in 21202(a), including the implied provisos, with the explicit proviso that it only applies when the bicyclist is moving slower than other same direction traffic and the exceptions listed in 21202(a)(1), (2), (3) and (4), provide ample justification for bicyclists to take the lane in most urban, suburban and rural traffic cycling situations, as recommended by the safe vehicular cycling practices taught in the Effective Cycling program.

Simply put, whenever a bicyclist in any of the following situations:

• there is no faster same-direction traffic on the road at that time
• bicyclist is traveling as fast as, or faster than, other traffic
• bicyclist is passing others
• bicyclist is preparing to turn left
• bicyclist is avoiding hazardous conditions near the edge of the road
• the lane is too narrow to be safely shared side-by-side with other vehicles, or
• bicyclist is merely approaching a place where right turns are authorized (including any driveway, mall entrance or alley, as well any cross street)

there is no legal or safety reason or obligation to "ride as close as practicable to the rght", as long as the cyclist safely merges left without violating anyone's right of way.

In general a lane must be at least fourteen feet wide for it to be considered wide enough to be safely shared side-by-side with other vehicles (per 21202(a)(3)). Since outside lanes are often more narrow than fourteen feet, this exception alone often alleviates a bicyclist from having to ride "as close as practicable to the right" in a lane sharing position ^[11].

Whenever a bicyclist is "approaching a place where a right turn is authorized", 21202 (a) (4) alleviates the bicyclist from having to ride "as close as practicable to the right", no matter how slow he or she is traveling. Considering moving at 15 mph through a residential neighborhood is encountering a driveway every 3-6 seconds (assuming lots 50-100 feet in length, and each lot has a driveway), such a bicyclist is arguably constantly "approaching a place where a right turn is authorized". Similar situations are frequently encountered in business districts. So this reason too often suffices alone in alleviating bicyclists from having to ride "as close as practicable to the right".

But even when traveling along a long block with a wide outside lane and without any driveway or alley junctions, as soon as the cyclist is within 100-200 feet of the end of the block, the cyclist is "approaching a place where a right turn is authorized" and he or she is no longer obligated to ride "as close as practicable to the right". There are important safety reasons to take advantage of this legal opportunity to safely merge left well out into the vehicular traffic lane ^[12].

Nothing in CVC 21202 nor in any other California law requires bicyclists to ride single file, or prohibits them from riding two abreast ^[13]. If the situation is such that a bicyclist riding solo would not be required to ride "as close as practicable to the right" (perhaps the lane is too narrow to safely share side-by-side with a vehicle, or there are frequent places "where a right turn is authorized", etc.), then there is no obligation for two cyclists to keep right in single file. Only in the rare situation where,

• faster same direction traffic is present,
• the lane is wide enough to be safely shared by a bicyclist and a vehicle (i.e, at least fourteen feet wide),
• no bike lane is present (two or more abreast may ride in a bike lane)
• the cyclists are not approaching a place where right turns are authorized,
• nor preparing to turn left, and
• no debris or other hazardous conditions prevent them from riding far to the right,

are all bicyclists required to temporarily (technically, only until any one one of those conditions no longer applies) ride as far right as practicable in order to allow the faster traffic to pass ^[14].

Further, if one cyclist is riding in the shoulder, and another is riding in an adjacent position "as close as practicable to the right" in the roadway, there can be no violation of CVC 21202 no matter what.

Opening and Closing Doors

22517. No person shall open the door of a vehicle on the side available to moving traffic unless it is reasonably safe to do so and can be done without interfering with the movement of such traffic, nor shall any person leave a door open upon the side of a vehicle available to moving traffic for a period of time longer than necessary to load or unload passengers.

Amended Ch. 162, Stats. 1963. Effective September 20, 1963. ^[15]

CVC 22517 clearly makes it the responsibility of anyone opening a vehicle door to make sure it is reasonably safe before opening the door. However, the potential of someone failing to do that is always there, and so traffic cycling experts agree door zones are hazards that are to be avoided, and that riding at least four feet from parked cars is a good practice. Because of the hazard always present in door zones, bicyclists are never required by CVC 21202 or any other law to ride so far right that they could be hit by, or forced to swerve into the adjacent lane, potentially in front of overtaking traffic, by a suddenly opened door of a vehicle.

Permitted Movements from Bicycle Lanes

21208.
(a) Whenever a bicycle lane has been established on a roadway pursuant to Section 21207, 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 under any of the following situations:

(1) When overtaking and passing another bicycle, vehicle, or pedestrian within the lane or about to enter the lane if the overtaking and passing cannot be done safely within the lane.

(2) When preparing for a left turn at an intersection or into a private road or driveway.

(3) When reasonably necessary to leave the bicycle lane to avoid debris or other hazardous conditions.

(4) When approaching a place where a right turn is authorized.

(b) 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 manner provided in Chapter 6 (commencing with Section 22100) in the event that any vehicle may be affected by the movement.

Amended Sec. 5, Ch. 674, Stats. 1996. Effective January 1, 1997. ^[16]

On roads that have bike lanes, CVC 21208 generally restricts bicyclists to ride in the bike lane, except that it has virtually all of the same exceptions as does CVC 21202. That is, whenever any one of the following conditions apply, there is no legal restriction on the cyclist to ride in the bike lane:

• no faster same-direction traffic on the road at that time
• traveling as fast as, or faster than, other traffic
• passing others
• preparing to turn left
• avoiding debris or other hazardous conditions in the bike lane, or
• approaching a place where right turns are authorized (including driveways, mall entrances and alleys as well cross streets)

Just as for CVC 21202, since at least one of these "exception" conditions often applies in urban and suburban riding (bike lanes are rarely present in rural areas), practically speaking, the legal requirement to ride in bike lanes rarely applies.

Since CVC 21208 applies only "whenever a bicycle lane has been established on a roadway", there is never a legal compulsion for a bicyclist to ride not in the roadway, but in a bike lane or path that is not on the roadway, or is physically separated from the roadway in any way (like a sidepath) ^[17].

Turning Across Bicycle Lane

21717. Whenever it is necessary for the driver of a motor vehicle to cross a bicycle lane that is adjacent to his lane of travel to make a turn, the driver shall drive the motor vehicle into the bicycle lane prior to making the turn and shall make the turn pursuant to Section 22100. Added Ch. 751, Stats. 1976. Effective January 1, 1977.^[18]

Motor Vehicles and Motorized Bicycles in Bicycle Lanes

21209. (a) No person shall drive a motor vehicle in a bicycle lane established on a roadway pursuant to Section 21207 except as follows:

(1) To park where parking is permitted.

(2) To enter or leave the roadway.

(3) To prepare for a turn within a distance of 200 feet from the intersection.

(b) This section does not prohibit the use of a motorized bicycle in a bicycle lane, pursuant to Section 21207.5, at a speed no greater than is reasonable or prudent, having due regard for visibility, traffic conditions, and the condition of the roadway surface of the bicycle lane, and in a manner which does not endanger the safety of bicyclists.

Amended Ch. 262, Stats. 1988. Effective January 1, 1989.^[19]

Not only are motor vehicle drivers in California allowed by CVC 21209 to drive in bicycle lanes when within 200 feet of an intersection, they are required by CVC 21717 to drive in the adjacent bike lane prior to turning. The purpose of this rule is to reduce conflicts at intersections between turning motorists and bicyclists going straight.

This rule, combined with provision 21208(a)(4) which allows bicyclists to leave bike lanes when approaching "a place where a right turn is authorized", encourages smooth conflict-free transitions at intersections by requiring slowing right turning motorists to move right, while bicyclists going straight merge left out of the bike lane, which is the behavior prescribed for avoiding "right hooks" ^[20].

Bicycle Operated on Roadway or Highway Shoulder

21650.1. A bicycle operated on a roadway, or the shoulder of a highway, shall be operated in the same direction as vehicles are required to be driven upon the roadway.

Added Ch. 58, Stats. 1988. Effective January 1, 1989.^[21]

21650(g) clarifies that bicyclists, unlike drivers of vehicles, are generally not prohibited from riding in shoulders, and 21650.1 clearly states that bicyclists ridden in shoulders must ride in the same direction as vehicles in the adjacent lane. However, no section of the vehicle code requires bicyclists to ever ride in the shoulder^[22]. CVC 21202, even when none of the provisos and exceptions apply, merely requires cyclists to ride "as close as practicable to the right ... edge of the roadway", and roadway, per CVC 530, clearly does not include the shoulder.

Uniformity of Code

21. Except as otherwise expressly provided, the provisions of this code are applicable and uniform throughout the State and in all counties and municipalities therein, and no local authority shall enact or enforce any ordinance on the matters covered by this code unless expressly authorized herein.^[23]

Rules and Regulations: Subject Matter

21100. Local authorities may adopt rules and regulations by ordinance or resolution regarding the following matters:

(a) Regulating or prohibiting processions or assemblages on the highways.

(b) Licensing and regulating the operation of vehicles for hire and drivers of passenger vehicles for hire.

(c) Regulating traffic by means of traffic officers.

(d) Regulating traffic by means of official traffic control devices meeting the requirements of Section 21400.

(e) Regulating traffic by means of a person given temporary or permanent appointment for that duty by the local authority whenever official traffic control devices are disabled or otherwise inoperable, at the scenes of accidents or disasters, or at locations as may require traffic direction for orderly traffic flow.

A person shall not be appointed pursuant to this subdivision unless and until the local authority has submitted to the commissioner or to the chief law enforcement officer exercising jurisdiction in the enforcement of traffic laws within the area in which the person is to perform the duty, for review, a proposed program of instruction for the training of a person for that duty, and unless and until the commissioner or other chief law enforcement officer approves the proposed program. The commissioner or other chief law enforcement officer shall approve a proposed program if he or she reasonably determines that the program will provide sufficient training for persons assigned to perform the duty described in this subdivision.

(f) Regulating traffic at the site of road or street construction or maintenance by persons authorized for that duty by the local authority.

(g)

(1) Licensing and regulating the operation of tow truck service or tow truck drivers whose principal place of business or employment is within the jurisdiction of the local authority, excepting the operation and operators of any auto dismantlers’ tow vehicle licensed under Section 11505 or any tow truck operated by a repossessing agency licensed under Chapter 11 (commencing with Section 7500) of Division 3 of the Business and Professions Code and its registered employees.

(2) The Legislature finds that the safety and welfare of the general public is promoted by permitting local authorities to regulate tow truck service companies and operators by requiring licensure, insurance, and proper training in the safe operation of towing equipment, thereby ensuring against towing mistakes that may lead to violent confrontation, stranding motorists in dangerous situations, impeding the expedited vehicle recovery, and wasting state and local law enforcement’s limited resources.

(3) Nothing in this subdivision shall limit the authority of a city or city and county pursuant to Section 12111.

(h) Operation of bicycles, and, as specified in Section 21114.5, electric carts by physically disabled persons, or persons 50 years of age or older, on the public sidewalks.

(i) Providing for the appointment of nonstudent school crossing guards for the protection of persons who are crossing a street or highway in the vicinity of a school or while returning thereafter to a place of safety.

(j) Regulating the methods of deposit of garbage and refuse in streets and highways for collection by the local authority or by any person authorized by the local authority.

(k)

(1) Regulating cruising.

(2) The ordinance or resolution adopted pursuant to this subdivision shall regulate cruising, which is the repetitive driving of a motor vehicle past a traffic control point in traffic that is congested at or near the traffic control point, as determined by the ranking peace officer on duty within the affected area, within a specified time period and after the vehicle operator has been given an adequate written notice that further driving past the control point will be a violation of the ordinance or resolution.

(3) A person is not in violation of an ordinance or resolution adopted pursuant to this subdivision unless both of the following apply:

(A) That person has been given the written notice on a previous driving trip past the control point and then again passes the control point in that same time interval.

(B) The beginning and end of the portion of the street subject to cruising controls are clearly identified by signs that briefly and clearly state the appropriate provisions of this subdivision and the local ordinance or resolution on cruising.

(l) Regulating or authorizing the removal by peace officers of vehicles unlawfully parked in a fire lane, as described in Section 22500.1, on private property. A removal pursuant to this subdivision shall be consistent, to the extent possible, with the procedures for removal and storage set forth in Chapter 10 (commencing with Section 22650).

Amended Sec. 1, Ch. 609, Stats. 2006. Effective January 1, 2007.^[24]

While not referencing bicyclists specifically, Section 21 is critical to California bicyclists because it prohibits local authorities from enacting or enforcing laws that contradict statewide rules, which means there can be no local laws banning bicyclists from certain roads, prohibiting them from riding two or more abreast, etc. ^[25]

CVC 21100 lists the matters on which "Local authorities may adopt rules and regulations by ordinance or resolution". The only matter listed that affects bicyclists specifically is 21100 (h):

"Local authorities may adopt rules and regulations by ordinance or resolution regarding the following matters:

...

(h) Operation of bicycles ... on the public sidewalks."

So, local authorities may adopt rules and regulations that address bicycling on public sidewalks (indeed, many California cities have banned sidewalk bicycling in business districts), but may not adopt rules and regulations that specially regulate bicycling traffic on public roads.

• A useful section in Transportation of Los Angeles for anyone using a bicycle for travel in Los Angeles.
• Vehicular cycling

• Bicycles and the Law: The Case of California, Alan Wachtel. Detailed discussion of California laws and safety considerations as they apply to bicyclists.

• The California Vehicle Code is available online through the Department of Motor Vehicles as either a webpage (html) or a pdf.

• The Table of Contents for Article 4 of Chapter 1 ("Obedience to and Effect of Traffic Laws") of Division 11 of the California Vehicle Code which is entitled Operation of Bicycles.

[[Category:California law]] [[Category:Utility cycling]]