Quick Quiz #2

[retchp]

22350 VC states in its entirety: No person shall drive a vehicle upon a highway at a speed greater than is reasonable or prudent having due regard for weather,
visibility, the traffic on, and the surface and width of, the highway, and in no event at a speed which endangers the safety of persons or property.

Section 231 VC defines a bicycle. Section 670 VC defines a vehicle

Question: If an officer sees a person riding a bicyle in a residential zone posted at 25 MPH and paces the bicyle and rider at 40 MPH on a downgrade may he stop and cite the rider for 22350? Pedestrian traffic is present as are other vehicles.

Bear in mind that a bicycle does not meet the definition of a vehicle, a person must be driving a vehicle to be in violation of this section according to the law because CA law is specific and all elements must be present for there to be a violation.

Hint: The correct answer depends on a four word phrase found in a related law. This should be easy for officers and a little more difficult for non officers.

You may access a CA Vehicle code on the internet. One is on Officer.com under Web Directory/Criminal Justice/Laws by state

[FuelInjection09]

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
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.

I had friends who were cited for running stop signs, and speeding on bicycles by LAPD, so I'm 100% sure on this one.

[FuelInjection09]

Sorry, I just meant to quote CVC 21200. (a)

[CaliforniaHighwayPatrol]

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.

[pupdog]

The ultra slow endurance athlete in me would stop and congratulate the cyclist! That is CRAZY FAST for a bike! In reality, such a cyclist probably wouldn't be in a neighborhood, they'd be on a county road. I come at this from a unique perspective. I'm one of those cyclists out there, however in my club, we really stress sharing the road. We see SO many with jerseys that say share the road, or with a left arrow indicating cars to go there...but they seem to think share means they own the road! Road biking is also HUGE where I live, thanks to the HQ of a little company called Specialized (we get 'critical mass' daily during their lunch hour!).
I think a bike going 40 in residential is crazy, and definitly a violation. It's not only unsafe for the cyclist, but for cars having to make sudden manuvers (bikes don't stop on a dime, and fall quite easily, so don't expect sudden manuvers from the bike). Residential can also have kids who are not likely to see that small, quiet bike, or not realize that it's dangerous. Plus, if a car were to hit that bike that suddenly came out of nowhere, I'll bet the cyclist would be blaming the driver!
I've known too many cyclists with an attitude problem, and the amount of rudeness & cheating I've seen at races only emphasizes this. Ticket a cyclist, and you are sending a message to their entire club. Better yet, seek out their club's next workout and have a little chat with them!

[CaliforniaHighwayPatrol]

Yea, 40 is kind of fast.

[Tom]

"but not limited to"

Tom

[FuelInjection09]

The ultra slow endurance athlete in me would stop and congratulate the cyclist! That is CRAZY FAST for a bike! In reality, such a cyclist probably wouldn't be in a neighborhood, they'd be on a county road. I come at this from a unique perspective. I'm one of those cyclists out there, however in my club, we really stress sharing the road. We see SO many with jerseys that say share the road, or with a left arrow indicating cars to go there...but they seem to think share means they own the road! Road biking is also HUGE where I live, thanks to the HQ of a little company called Specialized (we get 'critical mass' daily during their lunch hour!).
I think a bike going 40 in residential is crazy, and definitly a violation. It's not only unsafe for the cyclist, but for cars having to make sudden manuvers (bikes don't stop on a dime, and fall quite easily, so don't expect sudden manuvers from the bike). Residential can also have kids who are not likely to see that small, quiet bike, or not realize that it's dangerous. Plus, if a car were to hit that bike that suddenly came out of nowhere, I'll bet the cyclist would be blaming the driver!
I've known too many cyclists with an attitude problem, and the amount of rudeness & cheating I've seen at races only emphasizes this. Ticket a cyclist, and you are sending a message to their entire club. Better yet, seek out their club's next workout and have a little chat with them!

There are a ton of lunatic cyclists that think they're Lance Armstrong that ride on the canyon road I take home everyday. They don't realize how dangerous that road is with the many fatals that have occurred in the recent past. What gets to me is some of them hog the lane and motorists have to cross the double-yellow line, sometimes on blind curves, to pass them. Or they ride at night and when it's hard to spot them. It wasn't a pleasant experience when my neighbors and I found a mangled bike on the side of the road that was obviously hit by a car and we had to go looking for the rider through brush in the dark. :confused:

[CaliforniaHighwayPatrol]

I like these quizes.

[NWTSCL]

Several years ago, a friend was clocked doing 53 in a 35 zone and was cited. He was a serious cyclist -- a true Lance Armstrong type -- so the officer felt that he should have known better.

[bcjack]

Is there any "Law", other than common courtesy that requires the "Lance Armstrong Wannbe's" to ride single file? I come across "Packs" of these people riding on back roads, 3, 4, 5 wide and cruising at 25 in a 55 zone. They have no interest in moving over to allow a car to go by, and soooo, I get to putt, putt until a straight piece of road comes up to safely get by.:evil:

[Mac]

Is there any "Law", other than common courtesy that requires the "Lance Armstrong Wannbe's" to ride single file? I come across "Packs" of these people riding on back roads, 3, 4, 5 wide and cruising at 25 in a 55 zone. They have no interest in moving over to allow a car to go by, and soooo, I get to putt, putt until a straight piece of road comes up to safely get by.:evil:
It's not explicitly forbidden, per se - this is the VC section that covers it:

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.

Therefore, every bicyclist except the one riding in the rightmost position is in violation of that section. The ones you're talking about aren't TRUE "Lance Armstrong wannabes" - the serious cyclists usually ride in single file "pace lines".

[retchp]

Tom Wrote:
"but not limited to"

And the answer according to me is that four word phrase. Without that phrase appearing in the section about bicycles the Vehicle Code would have to have been much thicker, since it would have been necesary to add something about bicycles to every law they could conceivably violate. this way, a four word phrase covers a lot of territory.

I guess that is why lawyers are so smart.

By inserting that phrase it ties every thing together. A bicycle and rider...by its very nature can violate speed laws, dui laws and a bunch of others. But ...by its very nature cannot violate others, does not need windshield wipers, etc.

I'm kind of bummed out about Lt. Walker getting killed on the job. I didn't know him, but Mac is right, not many Lts. are out there with their troops on a holiday night in a rainstorm. He had to have been a great person. RIP.

[bcjack]

Thanks mac...I guess I just have to curb the urge to give them a nudge, and just wait for the opportunity to pass them.

[Tom]

Woooooooooooooooooooo! Sweet! Thanks retchp, first question I've gotten correct in 10 years! (I lucked out:confused:)

Tom

ps - keep them coming....I'm thinking of a local road/radar question as we speak :evil:

[retchp]

Tom,
Go ahead and add it sequentially. Radar is out of my league after four years gone.

[pupdog]

Which brings another rookie question to mind...can a bike be picked up on radar?

'Pace line' is a correct term, and is supposed to be good for drafting (I think drafting on a bike is all mental). The word for the 'pack' is actually 'pelaton,' which I think is French and I have no idea how to spell. Nice riders sould only ride side by side when doing 'criterium' (crit) training, a very hair-raising, dangerous, and very exciting to watch form of racing. If they're just out riding, they really ought to be in a pace line, as crit happens on tiny loop courses at high speed, not on meandering country roads.

[Flying Pig]

This brings yet another question.....nerds? nurds?..or nirds? Yes, that is the question.

[Tom]

Pupdog,

Yes, a bicycle can be picked up on radar, no problem.

Tom

[NWTSCL]

(I think drafting on a bike is all mental).
This is getting a bit off topic, but I just have to bite on this. . .

Meaning, it is only in the mind? That it is not a real thing? I take it you have not ridden in a large peloton for any length of time. Try riding into a head wind while for 50 miles while drafting, then try doing it alone for half the time.

Why else do you think that good ol' Lance was rarely out front on most of his stages? It sure is real.

[pupdog]

Is that how it's spelled? Thanks! Mental meaning the inspiring pull you get wanting to stay with the group. I've never noticed a difference when I'm on someone's tire no matter what the speed.
I wouldn't know where Lance is, as I rarely if ever watch tv. The Lance in my club is typically in the lead...Jr. state champ, 2nd place national cycling and tri, and yes, his name happens to be Lance!

[NWTSCL]

You need to be following very close and traveling at 20-30 MPH plus for it to work.

My friends and I used to draft off large trucks. Yeah, it was a bit dangerous; we probably would have smacked into the back of them if they slammed on their brakes and we probably would have been cited for following too closely. But the effects of drafting were quite amazing. The turbulence would pull us along, even when barely spinning the pedals.

[pupdog]

Awww, you just ruined the thrill of the truck scene in "Breaking Away!"
We get some strong headwinds around here in the early evening, but our workout during that is a time trial, so no, haven't done that. Our group rides are in the morning, when it's usually calm. Though lately we've been focusing on climbing (or grunting), so it's been awhile. These days it's all about spinspinspin, trying not to have that sudden moment where you just stop & tip over!

[Mac]

Pupdog,

Yes, a bicycle can be picked up on radar, no problem.

Tom
Yep - done it many a time. You can also pick up skaters/skateboarders on radar!

[bcjack]

Wow....Talk about drafting and unsafe...I once (when I was much younger and dumber) drafted a semi on my motorcycle from home to Stanford Medical Center. The trucker held real consistent at 70 to 75. I was really deep in the draft, absolutely no wind on me. Got 60 mpg instead of 51 mpg also. Thinking back, that was really dumb!!!:shock:ops: if the trucker has hit his brakes...KAPOW!!!!!:rolleyes: SPLAT!!!!:rolleyes: