A cop question.....

Discussion in 'Road Cycling' started by Alan, Jan 23, 2003.

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  1. Alan

    Alan Guest

    My friend Brian attracts the attention of local cops when he's riding his bicycle. He rides legally
    and responsibly, yet he's been stopped several times. One officer told him to ride up on the
    sidewalk. Another insisted that he ride in the gutter with all the broken glass and wheel-catching
    sewer grates, then issued two tickets when he didn't comply. Yesterday an officer tried to get him
    and some other riders off the street and onto a parallel multi-use path, despite the repeal of the
    mandatory side-path law here in Tulsa. "The cars can't pass," he said. The roadway in question is
    four lanes. The group occupied one. The nearby path has a 10 mph speed limit, but the group was well
    above that.

    It would seem that these officers are either ignorant of the law, or if they do know the law, they
    ignore it in a misguided attempt to enhance the cyclist's safety. I say misguided because only about
    8% of all cycling accidents involve getting hit from behind. About 60% occur at intersections. (This
    is also true for motor vehicles per TPD.)

    So here's my question - if a police officer orders that a cyclist do something that is less safe
    than riding in the roadway (like gutter riding, for instance) or if he orders a cyclist off the
    roadway onto a nearby path or sidewalk, despite a law requiring such operation, is the cyclist
    required to obey? Yes, I know it's a big hypothetical, and the devil is always in the details. But
    in a general sense, can a police officer issue an order without a basis in law? Can he order that we
    do something that decreases our personal safety?

    --

    alan

    Anyone who believes in a liberal media has never read the "Daily Oklahoman."
     
    Tags:


  2. Comutrbob

    Comutrbob Guest

    I don't know the answer to your question, but as a former Tulsan, I've noted that there has been a
    bit of a public vs. cycling war going on there for a while now, hasn't there? I remember something
    about a nasty letter in the local paper a while back indicating that all cycling should be
    restricted to the bike path that was recently completed (a sentiment that has influenced me to fight
    against similar plans in my area).

    I'll be watching this thread for the answer to your question. Thanks for posting it.

    Incidentally, I'm one of your 60% to have been hit by a car at an intersection. A teenage girl
    talking on a cell phone made a left turn without yielding to my right-of-way and hit me head
    on. At the moment, I'm recovering from a broken hip, pelvis and ankle, plus numerous
    lacerations and abrasions. I've also been hit when a car passed me, then made a right turn
    immediately in front of me.

    Bob C.
     
  3. Patrick Lamb

    Patrick Lamb Guest

    On Fri, 29 Nov 2002 20:34:18 GMT, "alan" <[email protected]> wrote:

    >So here's my question - if a police officer orders that a cyclist do something that is less safe
    >than riding in the roadway (like gutter riding, for instance) or if he orders a cyclist off the
    >roadway onto a nearby path or sidewalk, despite a law requiring such operation, is the cyclist
    >required to obey? Yes, I know it's a big hypothetical, and the devil is always in the details. But
    >in a general sense, can a police officer issue an order without a basis in law? Can he order that
    >we do something that decreases our personal safety?

    IANAL, but... I think the best way to handle this would be to ask the officer for how long his
    direction was to govern your actions, let him know that what he was telling you was (a) contrary to
    otherwise governing law, and (b) unsafe. If he persisted, ask him to contact his superior officer to
    verify his answer, and write down the officer's name, badge number, time and date, his directive,
    and ask him to sign it. If that didn't scare him off, at least the heirs would be sitting pretty.

    Second choice would be to go to court to contest the tickets, armed with appropriate laws. After
    getting the tickets stuffed, ask the judge to order the officer in question to read the laws and
    present a report to his shift on what they say. Then ask the judge to order the officer to take an
    Effective Cycling course...

    Pat
     
  4. On Fri, 29 Nov 2002 20:34:18 GMT in rec.bicycles.misc, "alan"
    <[email protected]> wrote:

    > So here's my question - if a police officer orders that a cyclist do something that is less safe
    > than riding in the roadway (like gutter riding, for instance) or if he orders a cyclist off the
    > roadway onto a nearby path or sidewalk, despite a law requiring such operation, is the cyclist
    > required to obey? Yes, I know it's a big hypothetical, and the devil is always in the details. But
    > in a general sense, can a police officer issue an order without a basis in law? Can he order that
    > we do something that decreases our personal safety?

    he can do all these stupid and illegal things, but that doesn't make them either correct or legal.

    i suggest that your friends visit your state's statute website at http://www.state.ok.us/?c=7&sc=103
    and do a little cut and pasting to create a document citing all the relevant laws and regulations
    pertaining to bicycles, and carry a copy with them when on their bikes (in the underseat toolbag is
    a good spot).

    our bike club created such a document on one sheet that folds up to wallet size --- we printed it on
    light paper and hand it out to folks to keep in their wallets.

    cops don't like it when you cite the law to them because they don't like to be proved wrong, but
    they usually won't argue about it if you have a written copy that *looks* somewhat official.

    as a long term solution, you might join the local bike club and then urge them to work with the
    local police department to educate officers on local cycling laws.
     
  5. Alan

    Alan Guest

    Bob,

    You and I are members of a select club! I've been hit from behind once, and I ran into a car that
    pulled out in front of me from a sidestreet.

    Luck us.

    What are the chances of being hit by an asteroid, eaten by sharks, or hitting the Powerball lottery?
    Maybe we have a shot!

    "ComutrBob" <[email protected]> wrote in message news:[email protected]...
    > I don't know the answer to your question, but as a former Tulsan, I've
    noted
    > that there has been a bit of a public vs. cycling war going on there for a while now, hasn't
    > there? I remember something about a nasty letter in the local paper a while back indicating that
    > all cycling should be restricted
    to
    > the bike path that was recently completed (a sentiment that has influenced
    me
    > to fight against similar plans in my area).
    >
    > I'll be watching this thread for the answer to your question. Thanks for posting it.
    >
    > Incidentally, I'm one of your 60% to have been hit by a car at an
    intersection.
    > A teenage girl talking on a cell phone made a left turn without yielding
    to my
    > right-of-way and hit me head on. At the moment, I'm recovering from a
    broken
    > hip, pelvis and ankle, plus numerous lacerations and abrasions. I've also
    been
    > hit when a car passed me, then made a right turn immediately in front of
    me.
    >
    > Bob C.
     
  6. Mike Kruger

    Mike Kruger Guest

    "Patrick Lamb" <[email protected]> wrote in message
    >
    > IANAL, but... I think the best way to handle this would be to ask the officer for how long his
    > direction was to govern your actions, let him know that what he was telling you was (a) contrary
    > to otherwise governing law, and (b) unsafe. If he persisted, ask him to contact his superior
    > officer to verify his answer, and write down the officer's name, badge number, time and date, his
    > directive, and ask him to sign it. If that didn't scare him off, at least the heirs would be
    > sitting pretty.
    >
    > Second choice would be to go to court to contest the tickets, armed with appropriate laws. After
    > getting the tickets stuffed, ask the judge to order the officer in question to read the laws and
    > present a report to his shift on what they say. Then ask the judge to order the officer to take an
    > Effective Cycling course...
    >
    On a related theme, the Chicagoland Bicycle Federation has the following link:

    <<Pocket justice! Tired of lugging around a microfiche machine in their messenger bags, the League
    of Illinois Bicyclists has successfully enlarged the Illinois Vehicle Code pertaining specifically
    to bicyclists to credit card size, legible to most unaided eyes. AND--they've made the useful
    companion available in PDF for download from their website. Don't ride without it!>>

    http://www.chibikefed.org/index.htm
     
  7. Alan

    Alan Guest

    I still have my ACLU bust card around here somewhere.......it has mostly the same advice.

    But the idea of a cop in an Effective Cycling course!! That WOULD be fun. They have to take some
    kind of certification course for mountain bikes if they use them on patrols. It might be interesting
    to read a course description.

    --

    alan

    Anyone who believes in a liberal media has never read the "Daily Oklahoman."

    "Patrick Lamb" <[email protected]> wrote in message
    news:[email protected]...
    > IANAL, but... I think the best way to handle this would be to ask the officer for how long his
    > direction was to govern your actions, let him know that what he was telling you was (a) contrary
    > to otherwise governing law, and (b) unsafe. If he persisted, ask him to contact his superior
    > officer to verify his answer, and write down the officer's name, badge number, time and date, his
    > directive, and ask him to sign it. If that didn't scare him off, at least the heirs would be
    > sitting pretty.
    >
    > Second choice would be to go to court to contest the tickets, armed with appropriate laws. After
    > getting the tickets stuffed, ask the judge to order the officer in question to read the laws and
    > present a report to his shift on what they say. Then ask the judge to order the officer to take an
    > Effective Cycling course...
    >
    > Pat
     
  8. Jim West

    Jim West Guest

    In article <[email protected]>, Dennis P. Harris wrote:
    >
    > i suggest that your friends visit your state's statute website at
    > http://www.state.ok.us/?c=7&sc=103 and do a little cut and pasting to create a document citing all
    > the relevant laws and regulations pertaining to bicycles, and carry a copy with them when on their
    > bikes (in the underseat toolbag is a good spot).

    That is exactly what I did a few months ago after a few of my riding buddies were pulled over in
    Stillwater, OK (70 miles west of Tulsa) for taking the lane on a four lane street. I haven't had
    (got?) to use it yet, but will if I ever have the opportunity.

    Part of the problem here is that it has so recently become law here that bicycles have full rights
    to the road that many police officers don't seem to be aware of it.
     
  9. In article <[email protected]>, [email protected] says...
    > "Patrick Lamb" <[email protected]> wrote in message
    > >
    > > IANAL, but... I think the best way to handle this would be to ask the officer for how long his
    > > direction was to govern your actions, let him know that what he was telling you was (a) contrary
    > > to otherwise governing law, and (b) unsafe. If he persisted, ask him to contact his superior
    > > officer to verify his answer, and write down the officer's name, badge number, time and date,
    > > his directive, and ask him to sign it. If that didn't scare him off, at least the heirs would be
    > > sitting pretty.
    > >
    > > Second choice would be to go to court to contest the tickets, armed with appropriate laws. After
    > > getting the tickets stuffed, ask the judge to order the officer in question to read the laws and
    > > present a report to his shift on what they say. Then ask the judge to order the officer to take
    > > an Effective Cycling course...
    > >
    > On a related theme, the Chicagoland Bicycle Federation has the following link:
    >
    > <<Pocket justice! Tired of lugging around a microfiche machine in their messenger bags, the League
    > of Illinois Bicyclists has successfully enlarged the Illinois Vehicle Code pertaining specifically
    > to bicyclists to credit card size, legible to most unaided eyes. AND--they've made the useful
    > companion available in PDF for download from their website. Don't ride without it!>>
    >
    > http://www.chibikefed.org/index.htm
    >

    Anyone conversant with California law? Uniform Vehicle Code laws? If you can pull the relevant
    sections out and e-mail them to me, I'll create a couple of credit-card sized layout .pdfs and make
    them available for download.

    MikeE
     
  10. In article <[email protected]>, alan
    <[email protected]> wrote:
    >I still have my ACLU bust card around here somewhere.......it has mostly the same advice.
    >
    >But the idea of a cop in an Effective Cycling course!! That WOULD be fun. They have to take some
    >kind of certification course for mountain bikes if they use them on patrols. It might be
    >interesting to read a course description.

    See http://www.ipmba.org/. Their course is in fact based on the LAB's course. Their book ("The
    Complete Guide to Police Cycling") is also quite good.--Bruce F.
     
  11. Dcb

    Dcb Guest

    In article <[email protected]>, "Mike Kruger" <[email protected]> wrote:

    > On a related theme, the Chicagoland Bicycle Federation has the following link:
    >
    > <<Pocket justice! Tired of lugging around a microfiche machine in their messenger bags, the League
    > of Illinois Bicyclists has successfully enlarged the Illinois Vehicle Code pertaining specifically
    > to bicyclists to credit card size, legible to most unaided eyes. AND--they've made the useful
    > companion available in PDF for download from their website. Don't ride without it!>>
    >
    > http://www.chibikefed.org/index.htm

    The Bicycle Federation of Wisconsin (http://www.bfw.org) has a similar card, and got WisDOT to print
    them! I usually carry several.

    The other day, as a motor vehicle passed me, the passenger yelled out the window 'get on the
    sidewalk'.

    Of course, I caught up to them at the next stop light. So I game them a copy.
     
  12. "Michael Elliott" <[email protected]> wrote in message
    news:[email protected]...
    > > On a related theme, the Chicagoland Bicycle Federation has the following link:
    > >
    > > http://www.chibikefed.org/index.htm
    > >
    >
    > Anyone conversant with California law? Uniform Vehicle Code laws? If you
    can pull the relevant sections out and e-mail them to me, I'll create a couple of credit-card sized
    layout .pdfs and make them available for download.
    >
    > MikeE

    Wouldn't this be a good project for the League of American Wheelmen or whatever it's called
    this week?

    I'd even pay for a card such as that described in the Chicago link.

    The NRA has a page outlining gun laws, Federal and for each State. Is there a similar service
    for cyclists?

    (I already know the attitude of most cycling activists toward the NRA, so you can leave that out of
    any response)
     
  13. Len

    Len Guest

    "ComutrBob" <[email protected]> wrote in message news:[email protected]...
    > I don't know the answer to your question, but as a former Tulsan, I've
    noted
    > that there has been a bit of a public vs. cycling war going on there for a while now, hasn't
    > there? I remember something about a nasty letter in the local paper a while back indicating that
    > all cycling should be restricted
    to
    > the bike path that was recently completed (a sentiment that has influenced
    me
    > to fight against similar plans in my area).
    >
    > I'll be watching this thread for the answer to your question. Thanks for posting it.
    >
    > Incidentally, I'm one of your 60% to have been hit by a car at an
    intersection.
    > A teenage girl talking on a cell phone made a left turn without yielding
    to my
    > right-of-way and hit me head on. At the moment, I'm recovering from a
    broken
    > hip, pelvis and ankle, plus numerous lacerations and abrasions. I've also
    been
    > hit when a car passed me, then made a right turn immediately in front of
    me.
    >
    > Bob C.

    And they say cell phones arent dangerous. I had a broken pelvis 20 odd years ago, and I feel for
    you. God speed your recovery. Nowadays, they have self regulated, iv pain meds, a real blessing as
    far as it goes. That is in the hospital. Lord save us from the dingbat on the cell phone, driving
    they are at least as bad as drunks, maybe worse. Glad your still here, your going to get better,
    in time. Len
     
  14. Alan

    Alan Guest

    A member of the local advocacy group contacted the Chief of Police who said he's send out a letter
    to all uniform divisions elaborating on Tulsa bicycle laws. The Chief also advised that if it's not
    possible to get the officer's name or badge number, the identification number on his patrol car
    would be sufficient - something I hadn't thought of.

    My thanks to all who responded!

    As for the 'nastygrams' : Bob, the Tulsa World has a column we call dial-an-idiot that's populated
    by people too stupid to write a letter to the editor. The paper prints some real loonies! But if you
    want to read the worst of it, go to the KRMG message boards. People have argued that cyclists should
    stay off arterials and state highways due to the traffic volume and speed - 'for their own safety,
    of course' - and two posts further on they'll argue that we should stay off county roads too because
    they're too narrow and dangerous - again making the point that it's 'for our safety.' Gosh, they're
    such caring, sensitive people here in Oklahoma. I blush to write about it.

    We had a candidate for Mayor, Paul Tay, who towed a trailer loaded with campaign advertising along
    some of the expressways. He angered a lot of people, cyclists and motorists alike. It's possible
    that the run-ins Brian has had resulted from some of the animosity the Tay generated, but of course
    there's no way to prove that. He figures largely on the KRMG message boards too. BTW, radio station
    KRMG is known amongst my co-workers as KKK-RMG. They're more than a little right of center on the
    political spectrum.

    --

    alan

    Anyone who believes in a liberal media has never read the "Daily Oklahoman."

    "ComutrBob" <[email protected]> wrote in message news:[email protected]...
    > I don't know the answer to your question, but as a former Tulsan, I've
    noted
    > that there has been a bit of a public vs. cycling war going on there for a while now, hasn't
    > there? I remember something about a nasty letter in the local paper a while back indicating that
    > all cycling should be restricted
    to
    > the bike path that was recently completed (a sentiment that has influenced
    me
    > to fight against similar plans in my area).
    >
    > I'll be watching this thread for the answer to your question. Thanks for posting it.
    >
    > Incidentally, I'm one of your 60% to have been hit by a car at an
    intersection.
    > A teenage girl talking on a cell phone made a left turn without yielding
    to my
    > right-of-way and hit me head on. At the moment, I'm recovering from a
    broken
    > hip, pelvis and ankle, plus numerous lacerations and abrasions. I've also
    been
    > hit when a car passed me, then made a right turn immediately in front of
    me.
    >
    > Bob C.
     
  15. Tom Kunich

    Tom Kunich Guest

    Michael Elliott <[email protected]> wrote in message
    news:<[email protected]>...
    >
    > Anyone conversant with California law? Uniform Vehicle Code laws? If you can pull the relevant
    > sections out and e-mail them to me, I'll create a couple of credit-card sized layout .pdfs and
    > make them available for download.

    CALIFORNIA CODES VEHICLE CODE SECTION 21200-21212

    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
    21201), 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:
    (c) In response to an emergency call.
    (d) While engaged in rescue operations.
    (e) 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.

    2.1. Notwithstanding Section 21200, it 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. Any person arrested for a violation of this
    section may request to have a chemical test made of the person's blood, breath, or urine for
    the purpose of determining the alcoholic or drug content of that person's blood pursuant to
    Section 23612, and, if so requested, the arresting officer shall have the test performed. A
    conviction of a violation of this section shall be punished by a fine of not more than two
    hundred fifty dollars ($250). Violations of this section are subject to Section
    2.2.

    21201. (a) No person shall operate a bicycle on a roadway unless it is equipped with a brake which
    will enable the operator to make one braked wheel skid on dry, level, clean pavement.
    (b) No person shall operate on the highway any bicycle equipped with handlebars so raised that
    the operator must elevate his hands above the level of his shoulders in order to grasp the
    normal steering grip area.
    (c) No person shall operate upon any highway a bicycle which is of such a size as to prevent the
    operator from safely stopping the bicycle, supporting it in an upright position with at least
    one foot on the ground, and restarting it in a safe manner.
    (d) Every bicycle operated upon any highway during darkness shall be equipped (1) with a lamp
    emitting a white light which, while the bicycle is in motion, illuminates the highway in
    front of the bicyclist and is visible from a distance of 300 feet in front and from the sides
    of the bicycle; (2) with a red reflector on the rear which shall be visible from a distance
    of 500 feet to the rear when directly in front of lawful upper beams of headlamps on a motor
    vehicle; (3) with a white or yellow reflector on each pedal visible from the front and rear
    of the bicycle from a distance of 200 feet; and (4) with a white or yellow reflector on each
    side forward of the center of the bicycle, and with a white or red reflector on each side to
    the rear of the center of the bicycle, except that bicycles which are equipped with
    reflectorized tires on the front and the rear need not be equipped with these side
    reflectors. Such reflectors and reflectorized tires shall be of a type meeting requirements
    established by the department.
    (e) A lamp or lamp combination, emitting a white light, attached to the operator and visible from
    a distance of 300 feet in front and from the sides of the bicycle, may be used in lieu of the
    lamp required by clause (1) of subdivision (d).

    21201.3. (a) A bicycle or motorized bicycle used by a peace officer, as defined in Section 830.1
    of, subdivision (a), (b), (c),
    (d), (e), (f), (g), or (i) of Section 830.2 of, subdivision (b) or
    (e) of Section 830.31 of, subdivision (a) or (b) of Section 830.32 of, Section 830.33 of,
    subdivision (a) of Section 830.36 of, subdivision (a) of Section 830.4 of, or Section 830.6 of,
    the Penal Code, in the performance of the peace officer's duties, may display a steady or
    flashing blue warning light that is visible from the front, sides, or rear of the bicycle or
    motorized bicycle.
    (f) No person shall display a steady or flashing blue warning light on a bicycle or motorized
    bicycle except as authorized under subdivision (a).

    21201.3. (b) No person shall sell, or offer for sale, a reflex reflector or reflectorized tire of a
    type required on a bicycle unless it meets requirements established by the department.
    If there exists a federal Consumer Product Safety Commission regulation applicable to
    bicycle reflectors, the provisions of that regulation shall prevail over provisions of
    this code or requirements established by the department pursuant to this code relative
    to bicycle reflectors.
    (b) No person shall sell, or offer for sale, a new bicycle that is not equipped with a red
    reflector on the rear, a white or yellow reflector on each pedal visible from the front and
    rear of the bicycle, a white or yellow reflector on each side forward of the center of the
    bicycle, and a white or red reflector on each side to the rear of the center of the bicycle,
    except that bicycles which are equipped with reflectorized tires on the front and rear need
    not be equipped with these side reflectors.
    (c) Area reflectorizing material meeting the requirements of Section 25500 may be used on
    a bicycle.

    21201. (b) 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:
    (21202) When overtaking and passing another bicycle or vehicle proceeding in the same direction.
    (21203) When preparing for a left turn at an intersection or into a private road or driveway.
    (21204) 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.
    (21205) 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.

    21203. No person riding upon any motorcycle, motorized bicycle, bicycle, coaster, roller skates,
    sled, or toy vehicle shall attach the same or himself to any streetcar or vehicle on the roadway.

    21201. (c) No person operating a bicycle upon a highway shall ride other than upon or astride a
    permanent and regular seat attached thereto.
    (b) No operator shall allow a person riding as a passenger, and no person shall ride as a
    passenger, on a bicycle upon a highway other than upon or astride a separate 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 and for protecting
    the passenger from the moving parts of the bicycle.

    21205. 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.

    21206. This chapter does not prevent local authorities, by ordinance, from regulating the
    registration of bicycles and the parking and operation of bicycles on pedestrian or bicycle
    facilities, provided such regulation is not in conflict with the provisions of this code.

    21201. (d) This chapter does not prohibit local authorities from establishing, by ordinance or
    resolution, bicycle lanes separated from any vehicular lanes upon highways, other than
    state highways as defined in Section 24 of the Streets and Highways Code and county
    highways established pursuant to Article 5 (commencing with Section
    21202) of Chapter 9 of Division 2 of the Streets and Highways Code.
    (b) Bicycle lanes established pursuant to this section shall be constructed in compliance with
    Section 891 of the Streets and Highways Code.

    2.3. Notwithstanding Sections 21207 and 23127 of this code, or any other provision of law, no
    motorized bicycle may be operated on a bicycle path or trail, bikeway, bicycle lane
    established pursuant to Section 21207, equestrian trail, or hiking or recreational trail,
    unless it is within or adjacent to a roadway or unless the local authority or the governing
    body of a public agency having jurisdiction over such path or trail permits, by ordinance,
    such operation.

    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:
    (21209) 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.
    (21210) When preparing for a left turn at an intersection or into a private road or driveway.
    (21211) When reasonably necessary to leave the bicycle lane to avoid debris or other hazardous
    conditions.
    (21212) 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.

    21208. (b) No person shall drive a motor vehicle in a bicycle lane established on a roadway
    pursuant to Section 21207 except as follows:

    (21209) To park where parking is permitted.
    (21210) To enter or leave the roadway.
    (21211) 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.

    21210. 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.

    21208. (c) No person may stop, stand, sit, or loiter upon any class I bikeway, as defined in
    subdivision (a) of Section 890.4 of the Streets and Highways Code, or any other public
    or private bicycle path or trail, if the stopping, standing, sitting, or loitering
    impedes or blocks the normal and reasonable movement of any bicyclist.
    (b) No person may place or park any bicycle, vehicle, or any other object upon any bikeway or
    bicycle path or trail, as specified in subdivision (a), which impedes or blocks the normal
    and reasonable movement of any bicyclist unless the placement or parking is necessary for
    safe operation or is otherwise in compliance with the law.
    (c) This section does not apply to drivers or owners of utility or public utility vehicles, as
    provided in Section 22512.
    (d) This section does not apply to owners or drivers of vehicles who make brief stops while
    engaged in the delivery of newspapers to customers along the person's route.
    (e) This section does not apply to the driver or owner of a rubbish or garbage truck while
    actually engaged in the collection of rubbish or garbage within a business or residence
    district if the front turn signal lamps at each side of the vehicle are being flashed
    simultaneously and the rear turn signal lamps at each side of the vehicle are being flashed
    simultaneously.
    (f) This section does not apply to the driver or owner of a tow vehicle while actually engaged in
    the towing of a vehicle if the front turn signal lamps at each side of the vehicle are being
    flashed simultaneously and the rear turn signal lamps at each side of the vehicle are being
    flashed simultaneously.

    21208. (d) A person under 18 years of age shall not operate a bicycle, or ride upon a bicycle as a
    passenger, upon a street, bikeway, as defined in Section 890.4 of the Streets and
    Highways Code, or any other public bicycle path or trail unless that person is wearing a
    properly fitted and fastened bicycle helmet that meets the standards of the American
    National Standards Institute (ANSI Z 90.4 bicycle helmet standard), the Snell Memorial
    Foundation's Standard for Protective Headgear for Use in Bicycling, or the American
    Society for Testing Materials (ASTM F-1447 standard). This requirement also applies to a
    person who rides upon a bicycle while in a restraining seat that is attached to the
    bicycle or in a trailer towed by the bicycle.
    (b) Any helmet sold or offered for sale for use by operators and passengers of bicycles shall be
    conspicuously labeled in accordance with the standard described in subdivision (a) which
    shall constitute the manufacturer's certification that the helmet conforms to the applicable
    safety standards.
    (c) No person shall sell, or offer for sale, for use by an operator or passenger of a bicycle any
    safety helmet which is not of a type meeting requirements established by this section.
    (d) 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 against that person
    under this subdivision, unless it is otherwise established in court that the charge is not
    the first charge against the person.
    (e) Except as provided in subdivision (d), a violation of this section is an infraction
    punishable by a fine of not more than twenty-five dollars ($25). The parent or legal guardian
    having control or custody of an unemancipated minor whose conduct violates this section shall
    be jointly and severally liable with the minor for the amount of the fine imposed pursuant to
    this subdivision.
    (f) Notwithstanding Section 1463 of the Penal Code or any other provision of law, the fines
    collected for a violation of this section shall be allocated as follows:
    (1) Seventy-two and one-half percent of the amount collected shall be deposited in a special
    account of the county health department, to be used for bicycle safety education and for
    assisting low-income families in obtaining approved bicycle helmets for children under
    the age of 18 years, either on a loan or purchase basis. The county may contract for the
    implementation of this program, which, to the extent practicable, shall be operated in
    conjunction with the child passenger restraint program pursuant to Section 27360.
    (2) Two and one-half percent of the amount collected shall be deposited in the county
    treasury to be used by the county to administer the program described in paragraph (1).
    (3) If the violation occurred within a city, 25 percent of the amount collected shall be
    transferred to and deposited in the treasury of that city. If the violation occurred in
    an unincorporated area, this 25 percent shall be deposited and used pursuant to
    paragraph (1).

    3.1. Whenever any person is arrested for any of the following offenses, the arresting officer shall
    permit the arrested person to execute a notice containing a promise to correct the violation
    in accordance with the provisions of Section 40610 unless the arresting officer finds that any
    of the disqualifying conditions specified in subdivision (b) of Section 40610 exist:
    (a) Any registration infraction set forth in Division 3 (commencing with Section 4000).
    (b) Any driver's license infraction set forth in Division 6 (commencing with Section 12500), and
    subdivision (a) of Section 12951, relating to possession of driver's license.
    (c) Section 21201, relating to bicycle equipment.
    (d) Any infraction involving equipment set forth in Division 12 (commencing with Section 24000),
    Division 13 (commencing with Section
    29000), Division 14.8 (commencing with Section 34500), Division 16 (commencing with Section
    36000), Division 16.5 (commencing with Section 38000), and Division 16.7 (commencing with
    Section 39000).
     
  16. Tom Kunich wrote:

    > Michael Elliott <[email protected]> wrote in message ...
    > >
    > > Anyone conversant with California law? Uniform Vehicle Code laws? If you can pull the relevant
    > > sections out and e-mail them to me, I'll create a couple of credit-card sized layout .pdfs and
    > > make them available for download.
    >
    > CALIFORNIA CODES VEHICLE CODE SECTION 21200-21212
    >
    > 21200. (a) Every person riding a bicycle upon a highway has all the

    [...]

    "Credit-card sized layout" .pdf's???

    I don't think so!

    SMH
     
  17. Carmoda

    Carmoda Guest

    Here in Australia the police take you out into the bush and beat the shit out of you if you say
    anything they don't want to hear. Riding a bike means you cannot afford a lawyer to defend yourself.

    "Pbwalther" <[email protected]> wrote in message news:[email protected]...
    : Here in Florida, police officers are required to have a copy of the motor vehicle laws of
    : Florida. I have seen a list of the citations of the laws pertaining to cycling for the FL laws. I
    : cyclist can copy those and when stopped ask the officer to get out his book and read the
    : pertinent citations. I would think that most states would have similar procedures but then again
    : maybe not. I have seen those state tourism ads about Texas being like a whole other country.
    : Maybe they ARE true.
     
  18. Bob

    Bob Guest

    Sounds like Hittlers SS. "Carmoda" <[email protected]> wrote in message
    news:[email protected].net.au...
    > Here in Australia the police take you out into the bush and beat the shit
    out of you if you say anything they don't want
    > to hear. Riding a bike means you cannot afford a lawyer to defend
    yourself.
    >
    >
    >
    > "Pbwalther" <[email protected]> wrote in message
    news:[email protected]...
    > : Here in Florida, police officers are required to have a copy of the
    motor
    > : vehicle laws of Florida. I have seen a list of the citations of the
    laws
    > : pertaining to cycling for the FL laws. I cyclist can copy those and
    when
    > : stopped ask the officer to get out his book and read the pertinent
    citations.
    > : I would think that most states would have similar procedures but then
    again
    > : maybe not. I have seen those state tourism ads about Texas being like a
    whole
    > : other country. Maybe they ARE true.
     
  19. Yup...we ARE a whole 'nother country... ;)
     
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