DO I CONTROL THE TRAFFIC LANE
By: Richard L. Duquette, Esq.

“Where should I ride?” is a question I am frequently asked.  Legally, bicyclists have all the rights and duties of a motorist when riding on roadways (Vehicle Code §21200(a)); however, there are specific laws as to where on the roadway a bicyclist should ride. 
 
Marked Bike Lanes:
 
Obviously, if there is a marked bicycle lane, a bicyclist is arguably required to ride within the bicycle lane and in the same direction as traffic.  Vehicle Code §21208(a) only allows a bicyclist to move outside the bike lane under four conditions:

• When overtaking and passing another bicycle, vehicle or pedestrian within the lane or about to enter the lane if you cannot safely pass within the bike lane;

• When preparing to make a left turn at an intersection or into a private road or driveway;

• When reasonably necessary to avoid debris or other hazardous conditions;

• When approaching a place where a right turn is authorized (for example, a right turn only lane and you are proceeding straight).
   

If you must leave the bicycle lane under any of these circumstances, that maneuver must be made with reasonable safety only after giving an appropriate signal ifany vehicle may be affected by your movement.  If no vehicle is affected by your movement, it can be argued no turn signal is required.  (See my article entitled “When is a Turning Movement Illegal” for a brief summary of the law relating to Vehicle Code §22107)
 
No Bike Lane:
 
Where there is no marked bike lane, it is most important for motorists and bicyclists to share the road.  A bicyclist is required by Vehicle Code §21200(a) to “ride as close as practicable to the right-hand curb or edge of the roadway” except under the same four conditions listed above.  Therefore, when there is not a marked bike lane and you are riding with others, you should consider riding single file when you are aware of approaching vehicles, rather than next to another bicyclist, since the bicyclist on the left would not be as close to the right as practicable and potentially obstructing the lane for motor vehicles.  This suggestion depends on the many factors like road width and traffic conditions.
 
However, when you are riding on a one-way street or roadway, you may ride as close to the left-hand curb or edge of the roadway (Vehicle Code §21202(b)).  It should go without saying, you must always ride the same direction of traffic; however, once in a while, I see a bicyclist riding against traffic which is extremely dangerous particularly since motorists are not expecting this and increases the chance of a collision.
 
Since a bicyclist is subject to the same local laws as a motorist, a bicycle – just like a motor vehicle – should not be ridden on a sidewalk.  Some counties have enacted ordinances against this.  Again, motorists do not expect to see you on the sidewalk.  Further, you may be cited with a traffic violation for riding on the sidewalk.
 
The keys to safe bicycling include being predictable, visible, and communicating your intentions to motorists. Ride like you are invisible. Obeying the rules of the roadway helps ensure the safety of bicyclists.
 
Richard Duquette is a local Carlsbad, California Personal Injury who, since 1983, has mixed law with his love of bicycling and surfing from Baja to Bali.  He can be reached via e-mail click here