California Vehicle Code - Bicycle Relevant Sections - Revision history

wikademia>Wikademia: 16 revisions

2009-05-31T15:18:22Z

16 revisions

← Older revision	Revision as of 15:18, 31 May 2009
(No difference)

wikademia>Born2cycle: /* CVC 23109 */ add citation

2009-05-29T05:34:11Z

CVC 23109: add citation

← Older revision		Revision as of 05:34, 29 May 2009
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	</tt><ref>California Department of Motor Vehicles, CVC 23109, [http://dmv.ca.gov/pubs/vctop/d11/vc23109.htm Speed Contests]</ref>}}		</tt><ref>California Department of Motor Vehicles, CVC 23109, [http://dmv.ca.gov/pubs/vctop/d11/vc23109.htm Speed Contests]</ref>}}

	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'' <ref>provisions that apply only to certain types of drivers do not automatically apply to bicyclists. {{cite web\|first=Alan \|last=Wachtel\|url=http://www.vcbike.org/bikelaw/bikelaw.htm#_B._Bicyclists_Must\| title=Bicycles and the Law: The Case of California\|accessdate=2009-05-25}}</ref>, it is perfectly legal for bicyclists to [[Drafting (aerodynamics)\|draft]] and race on open public roads in California.		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'' <ref>provisions that apply only to certain types of drivers do not automatically apply to bicyclists. {{cite web\|first=Alan \|last=Wachtel\|url=http://www.vcbike.org/bikelaw/bikelaw.htm#_B._Bicyclists_Must\| title=Bicycles and the Law: The Case of California\|accessdate=2009-05-25}}</ref>, it is perfectly legal for bicyclists to [[Drafting (aerodynamics)\|draft]] and race on open public roads in California. <ref>{{cite book\|last=Forester\|first=John\|title=Bicycle Transportation\|edition=second\|pages=322\|authorlink=John Forester\|quote=The following too closely rule was written to apply only to drivers of motor vehicles because only motor vehicles had the ability to cause substantial injury and damage to the drivers and vehicles ahead of them. The racing rules were not applied to cyclists because the were intended to control the great dangers to the public of motor vehicles driven at unlawful speeds and in unlawful manners. ... In fact, in many ways motorists are more restricted than cyclists because of the public danger of their vehicles when improperly controlled. They promoted [defining bicyclists as vehicles] as putting cyclists under the racing rules and prohibiting pace lining.}}</ref>

	==Definition of "roadway" does not include shoulder==		==Definition of "roadway" does not include shoulder==

wikademia>Born2cycle: /* CVC 21200 */ identify source a bit better

2009-05-29T01:02:12Z

CVC 21200: identify source a bit better

← Older revision		Revision as of 01:02, 29 May 2009
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	</tt> <ref>California Department of Motor Vehicles, CVC 21200, [http://dmv.ca.gov/pubs/vctop/d11/vc21200.htm Laws Applicable to Bicycle Use: Peace Officer Exemption]</ref>}}		</tt> <ref>California Department of Motor Vehicles, CVC 21200, [http://dmv.ca.gov/pubs/vctop/d11/vc21200.htm Laws Applicable to Bicycle Use: Peace Officer Exemption]</ref>}}

	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 [http://dmv.ca.gov/pubs/vctop/vc/vctoc.htm 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 <ref>Alan Wachtel, [http://www.vcbike.org/bikelaw/bikelaw.htm#_B._Bicyclists_Must Bicyclists Must Obey Traffic Laws], [http://www.vcbike.org/bikelaw/bikelaw.htm Bicycles and the Law: The Case of California]</ref>. See [[CVC 21703]] below for an example that clarifies this distinction.		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 [http://dmv.ca.gov/pubs/vctop/vc/vctoc.htm Rules of the Road]. Bicycling legal expert 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 <ref>Alan Wachtel, [http://www.vcbike.org/bikelaw/bikelaw.htm#_B._Bicyclists_Must Bicyclists Must Obey Traffic Laws], [http://www.vcbike.org/bikelaw/bikelaw.htm Bicycles and the Law: The Case of California]</ref>. See [[CVC 21703]] below for an example that clarifies this distinction.

	===Bicycles, like vehicles, must be on right half of road===		===Bicycles, like vehicles, must be on right half of road===

wikademia>Born2cycle: /* CVC 21100 */ shorten quote of vehicle code

2009-05-29T00:49:01Z

CVC 21100: shorten quote of vehicle code

@@ Line 194: / Line 194: @@
 {{Quotation|<tt>'''Rules and Regulations: Subject Matter'''<br><br>
-.  Local authorities may adopt rules and regulations by ordinance or resolution regarding the following matters:<br><br>
+.  Local authorities may adopt rules and regulations by ordinance or resolution regarding the following matters:<br>
-(a) Regulating or prohibiting processions or assemblages on the highways.<br><br>
+(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.<br>
 ...</tt><ref>California Department of Motor Vehicles, CVC 21100, [http://dmv.ca.gov/pubs/vctop/d11/vc21100.htm Rules and Regulations: Subject Matter]</ref>}}
 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.  <ref>Alan Wachtel, [http://www.vcbike.org/bikelaw/bikelaw.htm#_A._The_State The State Preempts Local Regulation of Bicycle Traffic], [http://www.vcbike.org/bikelaw/bikelaw.htm Bicycles and the Law: The Case of California]</ref>

wikademia>Born2cycle: /* CVC 21209 */ fix indent

2009-05-29T00:47:06Z

CVC 21209: fix indent

← Older revision		Revision as of 00:47, 29 May 2009
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	==Motorists allowed to drive in bike lane within 200 feet of intersection==		==Motorists allowed to drive in bike lane within 200 feet of intersection==
	===CVC 21209===		===CVC 21209===
	{{Quotation\|<tt>'''Motor Vehicles and Motorized Bicycles in Bicycle Lanes'''</tt><br><br>21209. (a) No person shall drive a motor vehicle in a bicycle lane established on a roadway pursuant to Section 21207 except as follows:~~<br>~~<br>		{{Quotation\|<tt>'''Motor Vehicles and Motorized Bicycles in Bicycle Lanes'''</tt><br><br>21209. (a) No person shall drive a motor vehicle in a bicycle lane established on a roadway pursuant to Section 21207 except as follows:<br>
	...		...<br>
	(2) To enter or leave the roadway.<br>		(2) To enter or leave the roadway.<br>

	(3) To prepare for a turn within a distance of 200 feet from the intersection.<br>		(3) To prepare for a turn within a distance of 200 feet from the intersection.<br>
	..~~.<br><br>~~		...</tt><ref>California Department of Motor Vehicles, CVC 21209, [http://dmv.ca.gov/pubs/vctop/d11/vc21209.htm Motor Vehicles and Motorized Bicycles in Bicycle Lanes]</ref>}}

	~~Amended Ch. 262, Stats. 1988. Effective January 1, 1989~~.</tt><ref>California Department of Motor Vehicles, CVC 21209, [http://dmv.ca.gov/pubs/vctop/d11/vc21209.htm Motor Vehicles and Motorized Bicycles in Bicycle Lanes]</ref>}}

	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.		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.

wikademia>Born2cycle: /* CVC 21209 */ shorten quote of vehicle code

2009-05-29T00:46:01Z

CVC 21209: shorten quote of vehicle code

← Older revision		Revision as of 00:46, 29 May 2009
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	===CVC 21209===		===CVC 21209===
	{{Quotation\|<tt>'''Motor Vehicles and Motorized Bicycles in Bicycle Lanes'''</tt><br><br>21209. (a) No person shall drive a motor vehicle in a bicycle lane established on a roadway pursuant to Section 21207 except as follows:<br><br>		{{Quotation\|<tt>'''Motor Vehicles and Motorized Bicycles in Bicycle Lanes'''</tt><br><br>21209. (a) No person shall drive a motor vehicle in a bicycle lane established on a roadway pursuant to Section 21207 except as follows:<br><br>
	(1) To ~~park where parking is permitted~~.~~<br>~~<br>		...
			(2) To enter or leave the roadway.<br>

	~~(2) To enter or leave the roadway.<br><br>~~		(3) To prepare for a turn within a distance of 200 feet from the intersection.<br>
			...<br><br>
	(3) To prepare for a turn within a distance of 200 feet from the intersection.~~<br>~~<br>

	~~(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.<br><br>

	Amended Ch. 262, Stats. 1988. Effective January 1, 1989.</tt><ref>California Department of Motor Vehicles, CVC 21209, [http://dmv.ca.gov/pubs/vctop/d11/vc21209.htm Motor Vehicles and Motorized Bicycles in Bicycle Lanes]</ref>}}		Amended Ch. 262, Stats. 1988. Effective January 1, 1989.</tt><ref>California Department of Motor Vehicles, CVC 21209, [http://dmv.ca.gov/pubs/vctop/d11/vc21209.htm Motor Vehicles and Motorized Bicycles in Bicycle Lanes]</ref>}}
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	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" <ref>Ride to the left. [[Vehicular_cycling#Lane_control\|Taking up the whole lane]] makes it harder for drivers to pass you to cut you off or turn into you. Don't feel bad about taking the lane: if motorists didn't threaten your life by turning in front of or into you or passing you too closely, then you wouldn't have to., Michael Bluejay, bicyclesafe.com, [http://bicyclesafe.com/ The Right Hook]</ref>.		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" <ref>Ride to the left. [[Vehicular_cycling#Lane_control\|Taking up the whole lane]] makes it harder for drivers to pass you to cut you off or turn into you. Don't feel bad about taking the lane: if motorists didn't threaten your life by turning in front of or into you or passing you too closely, then you wouldn't have to., Michael Bluejay, bicyclesafe.com, [http://bicyclesafe.com/ The Right Hook]</ref>.


	==Bicyclists are allowed, but never required, to ride in the shoulder==		==Bicyclists are allowed, but never required, to ride in the shoulder==

wikademia>Born2cycle: /* CVC 21202 */ shorten quote of vehicle code

2009-05-29T00:44:59Z

CVC 21202: shorten quote of vehicle code

← Older revision		Revision as of 00:44, 29 May 2009
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	==Cyclists required to keep right only when faster same direction traffic is present on long turn-free sections with [[wide outside lane\|wide lanes]] and no debris or other hazards==		==Cyclists required to keep right only when faster same direction traffic is present on long turn-free sections with [[wide outside lane\|wide lanes]] and no debris or other hazards==
	===CVC 21202===		===CVC 21202 (A)===

	{{Quotation\|<tt>'''Operation on Roadway'''<br>		{{Quotation\|<tt>'''Operation on Roadway'''<br>
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	# When reasonably necessary to avoid conditions (including, but not limited to, fixed or moving objects, [[vehicle]]s, bicycles, [[pedestrian]]s, [[animal]]s, surface [[hazard]]s, or substandard width [[lane]]s) 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.		# When reasonably necessary to avoid conditions (including, but not limited to, fixed or moving objects, [[vehicle]]s, bicycles, [[pedestrian]]s, [[animal]]s, surface [[hazard]]s, or substandard width [[lane]]s) 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.
	# When approaching a place where a right turn is authorized.		# 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~~.
	</tt> <ref>California Department of Motor Vehicles, CVC 21202, [http://dmv.ca.gov/pubs/vctop/d11/vc21202.htm Operation on Roadway]</ref>}}		</tt> <ref>California Department of Motor Vehicles, CVC 21202, [http://dmv.ca.gov/pubs/vctop/d11/vc21202.htm Operation on Roadway]</ref>}}

wikademia>Born2cycle: /* CVC 23109 */ shorten quote of vehicle code

2009-05-29T00:43:47Z

CVC 23109: shorten quote of vehicle code

← Older revision		Revision as of 00:43, 29 May 2009
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	{{Quotation\|<tt>'''Speed Contests'''<br><br>		{{Quotation\|<tt>'''Speed Contests'''<br><br>

	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~~.<br>		23109. (a) A person shall not engage in a motor vehicle speed contest on a highway. <br>
	...		...
	</tt><ref>California Department of Motor Vehicles, CVC 23109, [http://dmv.ca.gov/pubs/vctop/d11/vc23109.htm Speed Contests]</ref>}}		</tt><ref>California Department of Motor Vehicles, CVC 23109, [http://dmv.ca.gov/pubs/vctop/d11/vc23109.htm Speed Contests]</ref>}}

	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'' <ref>provisions that apply only to certain types of drivers do not automatically apply to bicyclists. {{cite web\|first=Alan \|last=Wachtel\|url=http://www.vcbike.org/bikelaw/bikelaw.htm#_B._Bicyclists_Must\| title=Bicycles and the Law: The Case of California\|accessdate=2009-05-25}}</ref>, it is perfectly legal for bicyclists to [[Drafting (aerodynamics)\|draft]] and race on open public roads in California.		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'' <ref>provisions that apply only to certain types of drivers do not automatically apply to bicyclists. {{cite web\|first=Alan \|last=Wachtel\|url=http://www.vcbike.org/bikelaw/bikelaw.htm#_B._Bicyclists_Must\| title=Bicycles and the Law: The Case of California\|accessdate=2009-05-25}}</ref>, it is perfectly legal for bicyclists to [[Drafting (aerodynamics)\|draft]] and race on open public roads in California.

	==Definition of "roadway" does not include shoulder==		==Definition of "roadway" does not include shoulder==

wikademia>Born2cycle: /* CVC 21703 */ shorten quote

2009-05-29T00:42:41Z

CVC 21703: shorten quote

← Older revision		Revision as of 00:42, 29 May 2009
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	{{Quotation\|<tt>'''Following Too Closely'''<br><br>		{{Quotation\|<tt>'''Following Too Closely'''<br><br>

	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~~.</tt><ref>California Department of Motor Vehicles, CVC 21703, [http://dmv.ca.gov/pubs/vctop/d11/vc21703.htm Following Too Closely]</ref>}}		21703. The driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, ...</tt><ref>California Department of Motor Vehicles, CVC 21703, [http://dmv.ca.gov/pubs/vctop/d11/vc21703.htm Following Too Closely]</ref>}}

	====CVC 23109====		====CVC 23109====

wikademia>Born2cycle: /* CVC 21200 */ short quote of vehicle code

2009-05-29T00:42:11Z

CVC 21200: short quote of vehicle code

← Older revision		Revision as of 00:42, 29 May 2009
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	{{Quotation\|<tt>'''Laws Applicable to Bicycle Use: Peace Officer Exemption'''<br><br>		{{Quotation\|<tt>'''Laws Applicable to Bicycle Use: Peace Officer Exemption'''<br><br>

	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~~.~~<br><br>~~		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...
	~~(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:<br><br>		...
			</tt> <ref>California Department of Motor Vehicles, CVC 21200, [http://dmv.ca.gov/pubs/vctop/d11/vc21200.htm Laws Applicable to Bicycle Use: Peace Officer Exemption]</ref>}}
	~~(A) In response to an emergency call~~.~~<br><br>~~

	~~(B) While engaged in rescue operations~~.~~<br><br>~~

	~~(C) In the immediate pursuit of an actual or suspected violator of the law.<br><br>~~

	~~(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.~~</tt> <ref>California Department of Motor Vehicles, CVC 21200, [http://dmv.ca.gov/pubs/vctop/d11/vc21200.htm Laws Applicable to Bicycle Use: Peace Officer Exemption]</ref>}}

	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 [http://dmv.ca.gov/pubs/vctop/vc/vctoc.htm 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 <ref>Alan Wachtel, [http://www.vcbike.org/bikelaw/bikelaw.htm#_B._Bicyclists_Must Bicyclists Must Obey Traffic Laws], [http://www.vcbike.org/bikelaw/bikelaw.htm Bicycles and the Law: The Case of California]</ref>. See [[CVC 21703]] below for an example that clarifies this distinction.		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 [http://dmv.ca.gov/pubs/vctop/vc/vctoc.htm 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 <ref>Alan Wachtel, [http://www.vcbike.org/bikelaw/bikelaw.htm#_B._Bicyclists_Must Bicyclists Must Obey Traffic Laws], [http://www.vcbike.org/bikelaw/bikelaw.htm Bicycles and the Law: The Case of California]</ref>. See [[CVC 21703]] below for an example that clarifies this distinction.