Office of Citizen Complaints

Policy Recommendations

Reference #665-98; Department Bulletin 98-73; CVC 21202

Subject: Bicycle Riding in Lanes of Traffic

Recommendation: The Office of Citizen Complaints recommends that the San Francisco Police Department clarify Department Bulletin 98-73.

General Background:
The general rule is that persons operating a bicycle, at a speed less than the normal speed of traffic, shall ride as close as practicable to the right-hand curb or right-hand edge of the road with four exceptions. The recitation of CVC 21202 in bulletin 98-73 incorrectly places CVC 21202 (b) as a 5th exception to CVC 21202(a). Read as a subset to (a), this "5th" exception in conjunction with the bulletin "clarification" (below) has led cyclists to believe, erroneously, that they may ride in the center of the left lane on a single direction multi-lane road, which is contrary to state law.

Department Bulletin 98-73, reads in pertinent part, "Clarification: When a bicycle is to the right in a lane, but maintaining a safe distance from parked vehicles, in order to avoid car doors suddenly opened by motorists, this may narrow the lane to the point where it can no longer be shared safely by both the bike and the vehicle. In this instance the bicycle owns the lane and a vehicle must change lanes in order to pass. A bicyclist is not impeding the flow of traffic under these conditions."

CVC 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.

Case Background:
Complainant was riding a bicycle in the center of the left lane on Fell Street, a single direction multi-lane roadway. As vehicular traffic slowed behind the bicyclist, the bicyclist was instructed by an officer to move to the right lane near parked cars. The bicyclist refused and asserted that Department Bulletin 98-73 supported his contention that he was riding within department policy. He informed the officer that he had been involved in outreach efforts between the department and bicycle activists that had resulted in the Department Bulletin 98-73. The bicyclist also recounted a previous experience in which he had been injured by a car door opened suddenly by an inattentive driver. The officer cited the bicyclist pursuant to CVC 21202. The citation was later dismissed due to incorrect coding on the citation.

Investigated by: IRENE RAPOZA, Investigator

Prepared by: RIVER GINCHILD ABEJE, Policy and Outreach Specialist

Approved by: MARY C. DUNLAP, Director

Date: August 13, 1999

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