Law Defines a Bicycle as a 'Slow-Moving Vehicle'

Bicycle traffic law has been at the forefront of Encino bicyclists’ minds after James Swarzman, 47, was on April 10. It was also the keynote topic Thursday at the Chatsworth Neighborhood Watch meeting.

Sgt. David Krumer, the Los Angeles Police Department's liaison to the cycling community, acknowledged in a presentation that like the majority of motorists, pedestrians and cyclists, most LAPD officers are "not well-versed in the Vehicle Code as it pertains to cyclists." In response, the department has developed a training program for officers that it is incorporating into a public education effort.

The sergeant's presentation analyzed sections of the California Vehicle Code about cycling, with focus on bike riders' proper lane positioning and their status regarding sidewalks and crosswalks. The law deems bicycles to be "slow-moving vehicles" and establishes procedures aimed at protecting cyclists and avoiding traffic jams. 

Despite attempts at improving LAPD training on the subject, traffic law for bikes is a very gray area that often comes down to an individual officer's discretion as to whether or not an offense has occurred or who may have been at fault in an accident with a motorist or pedestrian.

In some cases vague wording has made it difficult for all involved in the legal process to consistently navigate through traffic disputes involving bikes. A glaring example of this is V.C. 21650's use of "along" to describe a bicycle's positioning in relation to a crosswalk, Krumer said.

"This section does not prohibit the operation of bicycles on any shoulder of a highway, on any sidewalk, on any bicycle path within a highway, or along any crosswalk or bicycle path crossing, where the operation is not otherwise prohibited by this code or local ordinance," according to the statute.

The trouble with pinning down concrete, objective rules for cyclists' proper roadway positioning and sidewalk etiquette is that much of the law centers on in-the-moment traffic conditions that dictate how motorists and cyclists should handle a given scenario.

Krumer said the LAPD asked the state attorney general for a legal opinion on the much disputed use of "along" to determine whether a sidewalk-riding cyclist has the right to be inside a crosswalk, but Sacramento has balked, requiring the department to petition the AG's denial.

The city attorney indicated to Krumer that the local interpretation actually means "alongside," so cyclists riding between the lines of a crosswalk can be cited.

Krumer imparted these additional bike-related facts from California traffic law that are largely unknown to motorists:

• Cyclists may ride in the middle of a lane as long as their speed does not impede traffic flow.
• To avoid the "door zone"—the space occupied by an open door from a vehicle parked curbside—cyclists must ride three feet from parked cars.
• Riding side-by-side, also called "two abreast," instead of in a more lane-space-efficient single file line is legal if there is more than one lane in the direction in which the cyclists are traveling that motorists can use to pass on the left.
• A cyclist is impeding traffic if followed by five or more motor vehicles. The law requires a turnout to the right in such an instance.
• Cyclists in crosswalks are a very gray area and for the most part left to an individual officer's judgment as to whether a citable offense has occurred.
• Traveling the wrong way on a street is never legal for a bike rider, but it is sometimes permissible when riding on the sidewalk, which cyclists are allowed to do.

LAPDonline.org has a section on the homepage's bottom right corner called "Cycling Safety Awareness," which has safety videos, bike security tips and a schedule of free instructional sessions starting in July on safe cycling and bicycle commuting. Krumer said the officer training slides he showed Thursday night at the Chatsworth Neighborhood Watch meeting will soon be available on the department's Web site.

Are you a cyclist who has problems with motorists?