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Modifying CVC 21202?

April 6th, 2016

California Assemblymember Ting has introduced a bill, AB 2509, to clarify the Calif. Vehicle Code 21202 that too often gets described as the “ride as far to the right as possible” rule or “get out of the way” by some motorists and police officers. CABO is supporting Assemblymember Ting’s effort but also recommending two things.

Why not just deleted 21202 – it’s useless and dangerous, or consider our recommendations for the wording of a modified 21202.

Here’s what we recommended:
(a) A 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.
(b) Subdivision (a) does not apply to a person operating a bicycle in 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 traveling in a lane that is too narrow for a vehicle to safely pass the bicycle within the lane with at least three feet of clearance.
(4) When reasonably necessary to avoid conditions that make it unsafe to continue along the right-hand curb or edge, subject to Section 21656, including, but not limited to, fixed or moving objects, vehicles, bicycles, pedestrians, animals, and surface hazards.
(5) When approaching a place where a right turn is authorized.
(6) When riding within a bicycle lane established pursuant to Section 21207.
(7) When riding within a travel lane where an official traffic control device indicates that the lane is a shared lane or that bicycles may use the full lane. (8) When bicycling two or more abreast in any situation described in sections (1) to (7), inclusive.
(c) A person operating a bicycle upon a roadway that carries traffic in one direction only and has two or more marked traffic lanes may ride as close to the left-hand curb or edge of that roadway as practicable.

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