Just this week the Sheriff's department and other police agencies reiterated their idiotic interpretation of the vehicle code whereby they claim that bicyclists riding side by side are subject to ticketing. Now u ask you when have you ever seen two or more motorcycle cops riding in a single file? Yeah never! Now when ever you have an opportunity please take a picture if those cops riding side by side. Post the ices on Facebook, twitter etc. and here. Some of you wonder what the SD County Bike Coalitin does for you, well they will be challenging this stupid 'law enforcement' anti cycling tactic with your pictures. In order to have their anti bicycling tickets upheld in court they will have to ticket their own motorcycle officers as well.
Actually, SDCBC is trying to update the Law Enforcement training materials when it comes to bikes. I don't think they will actually be trying to enforce this because they have no law they can put in the citation. If you do get a ticket please contact SDCBC who will support anyone who wants to fight the ticket through the courts. The first thing to do is decline to have your case be heard by a Traffic Commissioner and demand your right to have it heard before a judge.
I believe peace officers can (and will) cite California Vehicle code 21202 (below) with the reasoning that any cyclist riding to the left of another cyclist isn't riding as far to the right as is practicable. While I, too, enjoy riding side-by-side with someone else, chatting, enjoying the day, and enjoying those I'm riding with I'm fully aware that unless one of the exceptions applies I can be cited and should prepare an argument to respond to 21202.
As far as motorcycle officers, I believe motorcycles are a different class of vehicle and treated differently under the vehicle code. So, while I wish you well with the argument that motorcycle officers (or private citizens on motorcyces) should be cited when riding two or more abreast, I suspect that the courts will not consider the two cases (motorcycles and bicycles) to be equivalent. Aside from the qualification in 21202 about moving less than the speed of normal traffic, one example of differing treatment under the code is that a license is required for operating a motorcycleâ€"not so for a bicycle.
Please also take into account your safety and the safety of other motorists when making photos in support of your argument. What might be safe as a passenger or during light traffic may not be safe when driving. And, unless used hands-free, use of a mobile phone while driving is illegal in California; that use is not limited to speaking into, or listening from, a phone.
Lastly, don't take any if this as either legal truth (I'm not an attorney) or as lack of support for your cause. As I said, I enjoy riding side-by-side with other cyclists. I simply believe that one should be prepared and argue on the basis of the law (regulation, in this case) and the facts. Another tactic might be to work through the legislative process to accommodate what you think is right and reasonable.
All the best,
Ron
Operation on Roadway
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.
The point here is that 21202 is NOT applicable, because the lane is too narrow for simultaneous sharing by a bicycle and car - a "substandard width lane". The fact that Encinitas has put sharrows right in the middle of the right lane is a statement by their city engineers that 21202 is not applicable. So, since we're entitled to a whole lane and there isn't a law that says single-file riding isn't allowed (just as there is no law that says you can/cannot walk and eat an ice cream cone at the same time), what law would be cited? Please read the attachment, written by Serge Isaakov, on this other NCCC Forum post (http://www.northcountycycleclub.com/smf/index.php?topic=1357.msg3664#msg3664). When 21202 applies, you can certainly argue, Ron, that you must ride single file, but sharrowed lanes are a horse of a different color.
[EDIT: also realized that, in the context of this thread, you may not know that the discussion is centering around the new sharrows markings on 101 in Encinitas and Leucadia, in additions to Bikes May Use Full Lane signs. That is more evident in the post I linked you to, Ron. Your points are well taken when 21202 applies]
Any lane that is not wide enough to share side by side makes 21202 not applicable. It does not apply where a lane is substandard width. Almost every road without a bike lane is substandard width. If it can't fit a bike lane, it is not wide enough to share safely side by side. In that case lane control is necessary to discourage close passes. Riding 2 abreast is safer to discourage close passing than single file.
Thank you for that, Karl. I did, in fact, miss the context that the discussion centered around lanes marked with a sharrow and substandard-width lanes.
Motorcycles aside, I've rarely seen bicycle cops riding single file either.
With the exception of Vermont, Virginia & CANADA- Riding side by side is prohibited.
AK,CA,DE,ID,IL,KY,MS,MO,NJ,NM,OK,TX,WV - no reference in the Admin code. So you can ride side by side with the consent of the other rider.
All other stated allows side by side with the consent of the other rider.
http://www.harley-davidson.com/en_US/Content/Pages/Plan-Your-Ride/motorcycle-laws.html?locale=en_US&bmLocale=en_US
Anybody want to ride?
Peg
I am assuming you are posting motorcycle law. Side by side riding of motorcycles is legal in California as it is also legal for bikes.
Was just commenting on Paul's post....