HomeMy WebLinkAbout1992-10-05; Traffic Safety Commission; ; Requesting that an ordinance be established in the Carlsbad Municipal Code stating that a vehicle negotiating a right turn at an intersection must yield to a bicyclCI'IY OF CARLSBAD
TRAFFIC SAFE'IY COMMISSION
STAFF REPORT
COMMISSION MEETING OF: October 5, 1992 ITEM NO. 6B
LOCATION: Citywide
INITIATED BY: Pete Biltchik, 352 Christiansen Way, Carlsbad, CA 92008
REQUESTED ACTION: Mr. Biltchik is requesting that an ordinance be established in
the Carlsbad Municipal Code stating that a vehicle negotiating
a right turn at an intersection must yield to a bicycle that is
proceeding in the same direction through the intersection.
BACKGROUND:
DATA:
On September 8, 1992 a bicycle/bus collision occurred at the intersection of Carlsbad
Boulevard and Christiansen Way. The North County Transit District bus was
proceeding northbound on Carlsbad Boulevard attempting to turn right onto
eastbound Christiansen Way.
According to the Police Report, the bus passed the northbound bicycle on Carlsbad
Boulevard at Grand Avenue. The bus proceeded to Christiansen Way and when not
seeing the bicycle in his mirror, the driver proceeded to turn right onto Christiansen
Way. The bicyclist tried to pass the bus on the right at the intersection and a
collision resulted. The bicyclist was determined to be guilty of violating California
Vehicle Code (CVC) Section 21755, Pass on Right Safely.
The situation that Mr. Biltchik is concerned about is addressed in the California
Vehicle Code. Section 21754 of the California Vehicle Code, Passing on the Right
( attached), describes the circumstances when the driver of a motor vehicle may
overtake and pass to the right of another vehicle. A bicycle has all the rights and is
subject to all the provisions applicable to the driver of a vehicle per CVC 21200.
Section 21755 of the California Vehicle Code (attached), states that the driver of a
motor vehicle may overtake and pass another vehicle upon the right only under
conditions permitting such movement in safety.
Rules regarding turning movements are stated in several sections of the California
Vehicle Code. Sections 22100 and 22107 (both attached) specify the circumstances
under which right turns can be made. In addition, CVC Section 21717 ( attached)
states the circumstances under which a vehicle can turn across a bicycle lane and
CVC Section 21209(a) states when a motor vehicle can be driven in a bicycle lane.
CI1Y OF CARLSBAD
TRAFFIC SAFE1Y COMMISSION
Staff Report
COMMISSION MEETING OF: October 5, 1992
( continued)
Item: _fil!_
In a follow-up letter to his June 14, 1992 letter to staff, Mr. Biltchik sent a letter to
Michael Jackson on September 15, 1992 asking for changes to the California Vehicle
Code regarding right-of-way assignment.
·1t is staffs opinion that Mr. Biltchik is attempting to finitely establish a distance
between a vehicle and bus when a conflict will occur and thus, the vehicle should
yield to a bicycle. For many reasons, this distance cannot be established and the
right-of-way rules are adequately addressed in the California Vehicle Code.
RECOMMENDATION:
The Traffic Safety Coordinating Committee recommends that the request of Mr.
Biltchik to codify in the Carlsbad Municipal Code the right-of-way assignment for
turning vehicles be denied.
§ 21717 -564-Div. 11
Tumlng Acron Bicycle Lane
21717. Whenever it is necessary for the driver of a motor vehicle to
cross a bicycle lane that is adjacent to his lane of travel to make a turn, the
driver shall drive the motor vehicle into the bicycle lane prior to making the
tum and shall make the turn pursuant to Section 22100.
Added Ch. 751, State. 1976. Effective January 1, 1977.
Article 3. Overtaking and Passing
Overtake and Pass to Left
21760. . The driver of a vehicle overtaking another vehicle proceeding
the same direction shall paaa to the left at a safe distance without interfering
with the safe operation of the overtaken vehicle, subject to the limitations
and Hceptions hereinafter stated.
A-.cled Ch. 577, State. 1961. Efl'ect.ive September 15, 1961.
Paalng Without Sufficient Clearance
21761. On a two-lane highway, no vehicle shall be driven to the left side
of the center of the roadway in overtaking and passing another vehicle
proceeding in the same direction unless the left side is clearly visible and
free of oncoming traffic for a sufficient distance ahead to permit such
overtaking and passing to be completely made without interfering with the
safe operation of any vehicle approaching from the opposite direction.
Amended Ch. 577, State. 1961. Efl"ective September 15, 1961.
"-ded Ch. 50, Stat.a. 1973. Efl"ective January l, 1974.
When Driving on Left Prohibited
21762. No vehicle shall at any time be driven to the left side of the
roadway under the following conditions:
(a) When approaching or upon the crest of a grade or a curve in the
highway where the driver's view is obstructed within such distance as to
create a hazard in the event another vehicle might approach from the
opposite direction.
(b) When the view is obstructed upon approaching within 100 feet of any
bridge, viaduct, or tunnel.
(c) When approaching within 100 feet of or when traversing any
intenection or railroad grade crossing.
Thia section shall not apply upon a one-way roadway.
Amended Ch. 417, State. 1969. Efl"ective November 10, 1969.
Yleldlng for PaNIIJfl
21763. Except when passing on the right is permitted, the driver of an
overtaken vehicle shall give way to the right in favor of the overtaking
vehicle on audible signal and shall not increase the speed of his vehicle until
completely passed by the overtaking vehicle.
Paalng on the Right
~ 21754. The driver of a motor vehicle may overtake and pass to the right
of another vehicle only under the following conditions:
(a) When the vehicle overtaken is making or about to make a left turn.
(b) Upon a highway within a business or residence district with
unobstructed pavement of sufficient width for two or more lines of moving
vehicles in the direction of travel.
(c) Upon any highway outside of a business or residence district with
unobstructed pavement of sufficient width and clearly marked for two or
more lines of moving traffic in the direction of travel.
(d) Upon a one-way street.
Div. 11 -565-§ 21759
(e) Upon a highway divided into two roadways where traffic is restricted
to one direction upon each of such roadways.
The provisions of this section shall not relieve the driver of a slow moving
vehicle from the duty to drive as closely as practicable to the right hand edge
of the roadway.
pass on Right Safely
~ 21755. The driver of a motor vehicle may overtake and pass another
vehicle upon the right only under conditions permitting such movement in
safety. In no event shall such movement be made by driving off the paved-or
main-traveled portion of the roadway.
Passing Standing Streetcar, Trolley Coach, or Bu•
21756. (a) The driver of a vehicle overtaking any interurban electric or
streetcar stopped or about to stop for the purpose of receiving or discharging
any passenger shall stop the vehicle to the rear of the nearest running board
or door of such car and thereupon remain standing until all passengen have
boarded the car or upon alighting have reached a place of safety, except as
provided in subdivision (b) hereof.
(b) Where a safety zone has been established or at an interaection where
traffic is controlled by an officer or a traffic control signal device, a vehicle
need not be brought to a stop before passing any interurban electric or
streetcar but may proceed past such car at a speed not greater than 10 mile&
per hour and with due caution for the safety of pedestrians.
(c) Whenever any trolley coach or bus has stopped at a safety zone to
receive or discharge passengers, a vehicle may proceed past such trolley
coach or bus at a speed not greater than 10 miles per hour.
Amended Ch. 969, Stats. 1959. Effective September 18, 1959.
Passing Streetcar on Left
21757. The driver of a vehicle shall not overtake and pass upon the left,
nor shall any driver of a vehicle drive upon the left side of, any interurban
electric or streetcar proceeding in the same direction whether the street car
is actually in motion or temporarily at rest, except:
(a) When so directed by a police or traffic officer.
(b) When upon a one-way street.
(c) When upon a street where the tracks are so located as to prevent
compliance with this section.
Passing on Grades
21758. In the event any vehicle is being operated on any grade outside
of a business or residence district at a speed ofless than 20 miles per hour,
no person operating any other motor vehicle shall attempt to overtake and
pass such slow moving vehicle unless the overtaking vehicle is operated at a
speed of at least 10 miles per hour in excess of the speed of the overtaken
vehicle, nor unless the passing movement is completed within a total distance
not greater than one-quarter of a mile.
Caution In Passing Animals
21759. The driver of any vehicle approaching any horse drawn vehicle,
any ridden animal, or any livestock shall exercise proper control of his
vehicle and shall reduce speed or stop as may appear necessary or as may be
signalled or otherwise requested by any person driving, riding or in charge
of the animal or livestock in order to avoid fright, ,,ing and to safeguard the
animal or livestock and to insure the safety of any person driving or riding
the animal or in charge of the livestock.
I !UNIO -570-Div. ll
F,_..ya
21960. (a) The Department of Transportation and local authorities
may, by order, ordinance, or resolution, with respect to freeways or designated
portions thereof under their respective jurisdictions, to which all righta or
accea have been acquired, prohibit or restrict the use of the freeways or any
portion thereof by pedestrians, bicycles or other nonmotorized traffic or by
any penon operating a motor-driven cycle or a motorized bicycle. Any such
prohibition or restriction pertaining to either bicycles or motor-driven cycles,
ot to both, shall be deemed to include motorized bicycles; and no person may
Operate a motorized bicycle wherever such prohibition or restriction is in
force. Notwithstanding any provisions of any order, ordinance, or resolution
to the contrary, the driver or paBBenpn of' a disabled vehicle stopped on a
frMway may walk to the nearest exit, in either direction, on that side of the
ftoeeway upon ,vhich the vehicle is disabled, from· which telephone or motor
vehicle repair services are available.
(b) Such prohibitory regulation shall be effective when appropriate signs
,:l\tinr notice thereof are erected upon any freeway and the approaches
thereto.
(c) No ordinance or resolution of local authorities shall apply to any state
tu,hway until the proposed ordinance or resolution has been presented to,
and approved in writing by, the Department of Transportation.
A--.1 Ch. 498, Stat.I. 1972. Effective March 7, 1973.
Aaencled Ch. 646, Stat.I. 1974. EITective January 1, 1975.
Amended Ch. 987, Stat.I. 1975. Effective January 1, 1976.
Local R#lgulatlon of Pedestrians
21961. This chapter does not prevent local authorities from adopting
ordinances prohibiting pedestrians from crossing roadways at other than
ctouwalks.
,,,,..trlan on Bridge
21962. Any peace officer having reasonable cause to believe that any
pedestrian is stopped or stancJing on any bridge or overpass for the purpose
of violating Section 23110; may lawfully order such person from the bridge
or overpass.
Added Ch. 1673, Stat.I. 1965. Effective September 17, 1965.
W.U.lly Handicapped Pedestrian
21963. A totally or partially blind pedestrian who is carrying a
p~inantly white cane (with or without a red tip), or using a guide dog,
1hall have the right-of-way, and the driver of any vehicle approaching such
pedeetrian, who fails to yield such right-of-way, or to take all reasonably neceeeary precautions to avoid injury to such blind pedestrian, is guilty of a
milldemeanor. This section shall not preclude prosecution under any other
applicable provision of law.
Added Ch. 461, Stats. 1968. EITective Novemher 13, 1968.
•n.canes
21964. No person, other than those totally or partially blind, shall carry
or uee on any highway or.in any public building, public facility, or other
public place, a predominantly white cane (with or without a red tip).
Added Ch. 461, Stats. 1968. EITective November 13, 19611.
Dennltlon•
21966. As used in Sections 21963 anii 21964, "blind," "totally blind,"
and •partiaJly blind," mean having central visual acuity not to exceed 20/200
in the better eye, with corrected l_enses, as measured by the 8nellen test. or
§ 22100 -571-• .s~. 11 f . · v• h 201200 but with 8 limitation in the field o vtston
al cuity greater t an • d bte d angle not \'isU a h 'd t diameter of the visual fiel su n s an h that t e W1 es
,uc than 20 degrees. • ....ester 461 Stat.I. l968. Effective November 13, 1968. Ii' -Added Ch. •
peddtrlan lnpedBlcyct ~ u:.I proceed along a bicycle path or lane where
21966 No es nan a .1 .
. 8 ~ adjacent adequate pedestrian fac1 1ty.
the:~ Ch. 761, Stata. 1976. Effective January 1, 1977.
----rd•· Prohibitions s,ca,.--• • ed • Section 21968 8 local authority may adopt
21967. Excep~ as provtdd. :nee or resoluti~n prohibiting or restricting
rules and regu~a~1ons by or ilnl. g skateboards on highways, sidewalks, or
persons from ndmg or prope m
roadways. • J 1 1977
Added Ch. 1359, Stat.I. !..9}~-hE::•;~i:.n:;1r_r_ EITecti~e July 8, 1977 by term• of an iqency Amended and renumbe~ • •
cL■u■e. ded Ch 380 Stata. 1978. Effective January 1, 1979.
=~ded Ch: 1 UM, Stata. 1987. EITective January 1, 1988.
--torlzed Slcatebollrd Prohibited 'd lk ,.,., k ho d ay be propelled on any st ewa '
21968. No mottoh rized..: o;~ higa~wa'; or on any bikeway' bicycle path or roadway or any o er pa . 1 ·1 • . t ·1 r hiking or recreattona tra1 • trail, equestnan ra119' 707 EITective July 8 1977 by tenne of an urgency clause. Added Ch. 275, Stats. • '
Local Regulation of Roller Skating . b d. d t Jes and regulations y or mance
21969. A local authoriti ~ay ~le~psi::ting on a highway, sidewalk, or
regulating persons engage m ro
roadway. . t t982 Added Ch. 145, Stats. 1981. Etrect1ve January ' •
CH.AP1'ER 6. TURNING AND STOPPING AND TuRNtNG SIGNALS
*Turning Upon a Hlghw~: d in Section 22100.5 or 22101, the driver of any
2210?-Ex~ept as provt e hi hwa shall do so as follows: .
vehicle mtendmg to tum upon a g ch ior a ri ht-hand tum and a nght-
(a) Right Turns. Both the approa f bl~ to the right-hand curb or hand turn shall be made as close as prac ica
edge of the road:v,ay except:_ th marked lanes for traffic moving in one
( 1) Upon a h1ghw_ay haV1ng . ree f highway accommodating traffic
direction which tennma~s at a~ mte~~~e ifng the middle lane may tum right
in both directions, the dn~er o a vet I~ oving in that direction upon the into any lane lawfu11y available to ra ic m
roadway being e~tered. . de from a one-way highway at an
(2) ~en a n_ght-hand tum ~~h~~e tum as provided in subdivision _(a)
intersection, a dnver shall appro I lawfully available to traffic moving
and shall complete the tum m any a~e , d
in that direction upon the ~oadway d1:;:?~ :7~~ee ~r Janes marked for a right
(3) Upon a highway having ank~ I itohne driver of a vehicle may tum right • te signs or mar mgs, turn by appropna. ked for that turning movement.
from any lane designated and m:r~ I fl turn shall be made as close as
(b) Left Turns. The approac ;rha e t e !~fl-hand lane or portion of
practicable to the left-hand edge o t, ~ ex rcr_n g i~ the direction of travel of
the roadway lawfully availa~le lo tra .'\m:~~~ion the lefl turn shall not be
such vehicle and, when tu~nmg at ;n 10 ;;~.~ rnh,'ring t.he intersection, the made before entering the mlcrsrc uin . • --
I 1100.5 -572-Div. 11
left turn shall be made 80 as to leave the intersection in a lane lawfully
available t.o traffic moving in that direction upon the roadway being entered,
except:
• (1) Upon a highway having three marked Janee for traffic moving in one
direction which terminates at an intersecting highway accommodating traffic
in both directions, the driver of a vehicle in the middle lane may turn left
int.o any lane lawfully available to traffic moving in that direction upon the
roadway being entered.
Amended Ch. 1020, Slate. 1969. Effective September 18, 1959.
AnNnded Ch. 1948, State. 1961. EffectiYe September 15, 1961.
Amended Ch. 463, Slate. 1967. Eftecti•e November 8, 1967.
Amended Ch. 426, Stata. 1970. Effective November 23, 1970.
"-"led Ch. 288, Stata. 1971. Opentive May 3, 1972.
Amended Ch. 1060, State. 1972. Effective March 7, 1973.
Amended Ch. 741, Slata. 1982. Effective January 1, 1983.
V-Tum at Controlled Intersection
22100.6. No driver shall make a U-turn at an intersection controlled by
official traffic signals except as provided in Section 21451, and then only
from the far lefthand lane that is lawfully available to traffic moving in the
direction of travel from which the tum is commenced. No driver shall make
a U-tum at an inteniection controlled by official traffic control devices
e•cept from the far lefthand lane that is lawfully available to traffic moving
in the direction of travel from which the turn is commenced.
Added Ch. 413, State. 1981. Effective January I, 1982.
Amended Ch. 700, State. 1984. Effective January 1, 1985.
Rtlgulatlon of Tum• at Intersection
22101. (a) The Department of Transportation or local authorities in
reapect to highways under their respective jurisdictions, may cause official
traffic control devices to be placed or erected within or adjacent to intersections
to regulate or prohibit turning movements at such intersections.
(b) When turning movements are required at an intersection notice of
1t1ch requirement shall be given by erection of a sign, unless an additional
clearly marked traffic lane is provided for the approach to the turning
movement, in which event notice as applicable to such additional traffic lane
shall be given by any official traffic control device.
(c) When right-or left-hand turns are prohibited at an intersection notice
of such prohibition shall be given by erection of a sign.
(d) When official traffic control devices are placed as required in
BUbdivillion1 (b) or (c), it shall be unlawful for any driver of a vehicle to
dieobey the directions of such official traffic control devices.
Amended Ch. 481 , State. 1963. Effective September 20, 1963.
Amended Ch. 545, State. 1974. F.ITPClive January I, 1975.
U-Tum In Business District
22102. No person j., business district shall make a U-turn, except at
an intersection, or on a divided highway where an opening has been provided
in accordance with Section 21651. This turning movement shall be made as
cloee 88 practicable to the extreme left-hand edge of the lanes moving in the
driver's direction of travel immediately prior to the initiation of the turning
movement, when more than one lane in the direction of travel is present.
Amended Ch. 1312, Slate. 1961. Effective September H\, 1961.
Amended Ch. 622, State. 1970. Effective November 23, 1970.
Amended Ch. 47, State. 1985 Effective January I. 19R6.
U-Tum In Residence District
Div. 11 -573-
traffic control device.
Amended Ch. 266, State. 1963. Effective September 20, 1963.
Amended Ch. 622, State. 1970. Effective November 3, 1970.
§ 22110
rumlng tMar Rre Stations
22104. No person shall make a U-turn in front of the driveway entrance
or approaches to a fire station. No person shall use th~ driveway_ entrance or
approaches to a fire station for the purpose of tummg a vehicle 80 as to
i-oceed in the opposite direction.
p Amended Ch. 622, State. 1970. Effective Noftmber 23, 1970. •
unobstructed View Necnsary for U-Tum
22105. No person shall make a U-tum upon any ~ghway where t~e
driver of such vehicle does not have an unobstructed view for 200 feet m
both directions along the highway and of any traffic thereon.
Amended Ch. 622, State. 1970. Effective November 23, 1970.
Amended Ch. 64, State. 1972. Effective March 7, 1973.
Starting Parked Vehicles or Backing
22106. No person shall start a vehicle st.opped, standing, or parked on a
highway, nor shall any person back a vehicle on a highway until such
movement can be made with reasonable safety.
Tumlng MovenHJnts and Required Signals
~ 22107. No person shall turn a vehicle from a direct co'111M: or move right
or left upon a roadway until such movement can ~ m~de ~th reasonable
safety and then only after the giving of an appropna~ signal m the manner
provided in this chapter in the event any other vehicle may be affected by
the movement.
Amended Ch. 1996, State. 1959. Effective September 18, 1969.
Duration of Signal
22108. Any signal of intention to turn right or )~ft shall be gi~en
continuously during the last 100 feet traveled by the vehicle before tummg.
Signal When Stopping
22109. No person shall stop or suddenly dec~ease ~he s~d of a vehicle
on a highway without first giving an appropr:iate_ s1gna~ m the manner
provided in this chapter to the driver of any vehicle 1mmed1ately to the rear
when there is opportunity to give the signal.
Method of Signaling
22110. The signals required by this chapter shall be given either by
means of the hand and ann or by a signal lamp, but when the body or load on
any vehicle or combination of vehicles projectR 24 inches or ~ore to the left
of the center of the steering wheel so that a hand and ann signal would not
be visible both to the front and rear of such vehicle or combination of
vehicles, or under any condition when a ha~d and a~ signal would no~ be
visible both to the front and rear of the vehicle or vehicles, then the vehicle
or vehicles shall be equipped with, and signals shall be given ~y. a si~al
lamp, except that implements of husbandry need not be ~qmpped with
signal lamps, but drivers of implements of husbandry Rhall g1Ve a hand and
arm signal when required by thiR chapter.
Amend.-d Ch. 118, St.aLs. 1961. Effect iv.-s,,pt,,,ml)('r 15. 196 1
Amendrd Ch. 1012, St.aL•. 1965. ~~ff.-ctiv,• Sr pt.-mlwr 17. 1965.
Amrnded Ch R59, Slnls 1967. F.fTl'rfivt' NnvPmhl'r A. 1%7.
I titte -636-Div. 11
...... lo Ille dlnelion of the roadway. The ordinance or re•olution
.,,.,, ltol 6ieecNlw el'(ttllH until •ubmitted lo the local law enforce~nl
ajilM:J ltot,if16 Jurudklion owr the •lnel, the local law enforce~nl
•MY,.,_. and tklentai~• that the condition• pertaining lo that
.,,_,, ..Ul, lhe addition of proper.;,,.., marliers, or lighting, or any
~ of llu»e, will permit the e•tabliah~nl of a golf cart e,_.,_. wlll, ~k .af,tly, ond the .;,,.., marliers, or lighting
apeelfl-l 6., 11,e local lau, enforce~nl agency are in place. •
(IJ .....,.__ (a) doe• 1IOI conatilule precedent for the operation
of 60lf ear1e on any ehYel or "'61aa,oy other than in a croeeing zone
_.,6lul,ed p..,..uan, lo•~ (a).
.Mad Ch. 191, eta&.. 1991. Effectift January I, 1992.
LnN9, Bank• of Wat.,..ys, and Plpellne Rights-of-Way
21118. (a) No penon shall drive any motor· vehicle upon a roadway
located on a levee, canal bank, natural watercourse bank, or pipeline right-
of-way if the reaponsibility for maintenance of the levee, canal bank, natural
wa&eiww&e bank, or pipeline right-of-way is vested in the state or in a
reclamation, levee, drainage, water or irrigation district, or other local
~• unleu such penon has received permission to drive upon such
....,,._., ftom the agency responsible for such maintenance, or unless such
rollWw-, haa beeJl dedicated as a public right-of-way.
, Jb) Jl'or this section to be applicable to a particular levee, canal bank,
~~ watercourse bank, or pipeline right-of-way, the state or other agency
h•tmir. nl8ponsibiJity for maintenance of the levee, canal bank, natural
~ bank, or pipeline right-of-way, shall erect or place appropriate
•~ liring notice that permi88ion is required to be obtained to drive a
~Jehicle thereon and giving notice of any special conditions or regulations
~. ihl impoeed pursuant to this section and shall prepare and keep
~ at the principal office of the state agency or other agency affected
or:il'.~ Wrd of such agency, for examination by all interested persons, a ~ statement, in conformity with the existing rights of such agency to ~~ acceaa to t~e !'°8dw_ay, describing the nature of the vehicles, if any, to
~. ~ penmsa1on might be granted and the conditions, regulations, ~ ~ure for the acquisition of such permission adopted pursuant to
1U1a6eetion. .
... ~ Nothing in ~s section J:>rohibits the establishment of bicycle paths or
tdli.,._ (u prescnbed by Article 6.5 (commencing with Section 5078) of
~~~r 1 ofDivision 5 of the Pu~lic Resources Code) on levees, canal banks,
natml watel'CdW'8e banks, or pipeline rights-of-way.
AtlM Ch. 928, 8Uata. 1970. Effective November 23, 1970.
It' W Ch. 1111, eta&.. 1971. Operative May 3, 1972.
l~ 'Aulhorltles: Transfer of Responsibilities: Ecological
Ra•1imN and Envlronmentally Sensitive Areas
11111. (a) Local aullwrim• may, nolwithatanding Section 21101
or 11101.8, by written tJ6rttmenl approved by their legialative bodiea,
lranef,tr among tlaemeelve• the reaponaibilily for maintaining,
operalifl6, or controlling public acce•• lo any highway under their
rnpeeliwjruwdiclione located in or cu4,iacenl lo an ecological reaerve
or an enr,lronmenlally ■enailive area within their reapeclive
Jlll"iedktwn..
(b) An Olf'"ee~nl entered into pursuant to aubdiviaion (a) may
aulAorue lhe local authority having reaponaibility for the highway
under IM a,frffmenl lo do all of the following:
(1) Limit D.l!ce•• I>'\' motor vehicle• to the hiehwav durine certain
Div. 11 -537-§ 21201
(!) Prohibit acce•• by motor whick• durift6 certain lwun of the
daY or certain day■ of the wed.
(S) Provide for the conetruclion or erection of~ or other
(kvice• ,keigned or intended lo .eparale petk•triane froM velaicle•
or motor r,elaiclee.
(4) Eetabliala and o~ral~ a p~m ~ wide,. Hla~ular aeeea u
permitted only in co,uunction watla •pec•fled educational pro,tra,U
or for di.obied penon•, or both.
(6) Iaaue temporary permit■ for epecial event• valid for lea lhan
QM day. .. 1.:.....;-al • luJe the (c) Ae ueed in tlaia eection, the term eco..,..-. rneroe
•ame meaning a■ ,kfl~ in Section 1684 of the Fula olMI 0.--Code,
and .. environmentally eeneitive area• laa■ the eGMe __...;,.. ae
defi~ in Section 30107.6 of the Public &eourcn Code.
Added Ch. 641, Stats. 1991. Effective January I. 1992.
Article 4. Operation of Bicycles
. Laws Applicable to Bicycle Use . ~ 21200. Every person riding a bicycle upon a hig~way has all_the ngh~
and is subject to all the provisi~ns applicab~e _to the d~ver o~ a ve~•~le by this
division, including, but not limited to, prov1s1ons deal_1~g_w1th dnvmg un~er
the influence of alcoholic beverages or drugs, and by D1V1s1on _10 (co_mmenc!ng
with Section 20000), Section 27400, Division 16.7 (commencing w•~~ ~tion
39000), Division 17 (commencing with Section 4~), and ~V1s1on 1_8
(commencing with Section 42000), except those proV1s1ons which by their
very nature can have no application. •
Added Ch. 479, Stal8. 1963. Effective September 20, 1963.
Amended Ch. 1600, Stal8. 1965. Effective Sept.ember 17, 1965.
Amended Ch. 586, Stal8. 1967. Effective November 8, 1967.
Amended Ch. 987, Stal8. 1975. Effective January I. 1976.
Amended Ch. 421, Stal8. 1978. Effective January I, 1979.
Amended Ch. 6. Stats. 1982. Effective January I, 1983.
Amended Ch. 273, State. 1983. Effective January I , 19S4.
Amended Ch. 1013, Stal8. 1986. Effective January I, 1986. Supersede• Ch. 736.
Riding Bicycle Under Influence of Alcohol or Drugs
21200.5. Notwithstanding Section 21200, it is unlawful for any perso!l
to ride a bicycle upon a highway while under the influence of an alcohol!
beverage or any drug, or under the combined infl_uen~ of an . alcoh~hc
beverage and any drug. Any person arrested for a Violation of this section
may request to ha ve a chemical test made of the _person's blood, breath, or
urine for the purpose of determining the alcoholic or drug content of that
person's blood, and, if so requ~sted_. the a~sting_ officer shall ha~e the test
performed. A conviction of a vwlation of this section shall be pu~nshed by _a
fine of not more than two hundred fi lly dollars ($250). Violations of this
section are subject to Section J:1202.5.
Added Ch. 1013. St.11ts. 19R5. Effl'Ctivc ,fanuury I, l!lRli.
Amended Ch. 1697. Stats. 1990. Effective January I. 1991.
Equipment Requirements _ _
21201. (al No person shall opPrate a bicycle on a roadway unless it 1s
c4uipped with a brake which wi ll enable the operator to make one braked
wheel skid on dry, level, clean pavement. . . . (bl No person shall operate on the hig hway any bicycle equipped with
handlebars so raised that the operator mu!!t elevate h.1!! ha~ds above the
level of his shoulders in ord1~r to grasp the normal steering gri p area.
-540-Div. 11
ca·,,,,.,, Arflt:IN·
21206. No penon operating a bicycle shall carry any package, bundle or
iirdele which prevenbl the operator from keeping at least one hand upon the
handleban.
Atfded Ch. 4'19, Btilta. ltllS. fflective September 20, 1963.
Lllall llegcil.tlon
, 212)6. Thia chapter doee not prevent local authorities, by ordinance,
hm nplating the registr.ation of bicycles and the parking and operation of
~ on pedeatrian or bicycle facilities, provided such regulation is not in
conflict with the provuione of this code.
AMld Ch. 479, 8tate. 1963. Eff'ec:tin September 20, 1963.
1,. A_.led Ch. 761, Stata. 1976. Eff'ec:tinJanuary l, 1977.
.,,_La,..
21207. Thia chapter does not prevent local authorities from establishing,
t,y ordinance or reeolution, bicycle lanes separated from any vehicular lanes
upon highways, other than state highways as defined in Section 24 of the
BtNM!bl and Highways Code and county highways established pursuant to
Article 5 (commencing with Section 1720) of Chapter 9 of Division 2 of the
~ and Highways Code.
Bicycle lanes established pursuant to this section shall be constructed in
compliance with provisions pertaining to bikeways in Section 2376 of the
Streebl and Highways Code.
Added Cb. 1048, Stata. 1967. Effective November 8, 1967.
Amended Ch. 1096, Stata. 1972. Effective March 7. 1973.
Amended Ch. 1236, Stata. 1975. Eff'ective January 1. 1976.
"-'ded Ch. 751, State 1978. Effective January 1, 1977.
IIIMotttrHI BlcyclH: Prohibited Operation
21207.5. Notwithstanding Sections 21207 and 23127 of this code, or any
o&her proviaion of law, no motorized bicycle may be operated on a bicycle
path,or trail, bikeway, bicycle lane established pursuant to Section 21207,
equeatrian trail, or hiking or recreational trail, unless it is within or adjacent
to a roadway or unleBB the local authority or the governing body of a public
..-nc:y. having jurisdiction over such path or trail permits, by ordinance,
IIUCb operation.
Added Cb. 987, Stata. 1976. Eff'ective January 1, 1976.
Art W Cb. 884, State. 1977. Effective January 1. 1978. 1 ~ Cb. 373, 8tata. 1979. Effective January 1. 1980. .:i ' • PWinitted Aiowment• from Bicycle Lanes
11208. (a) Whenever.a bicycle lane has been established on a roadway
punuant to Section 21207, any person operating a bicycle upon the roadway
•ta speed let18 than the normal speed of traffic moving in the same direction
ahall ride within the bicycle lane, except that such person may move out of
the lane under any of the following situations:
(1) When overtaking and passing another bicycle, vehicle, or pedestrian
within the lane or about to enter the lane if such overtaking and passing
cannot be done safely within the lane.
(2) When preparing for a left turn at an intersection or into a private
road or driveway.
(3) When reasonably necessary to leave the bicycle lane to avoid debris or
other hazardous conditions.
(b) No person operating a bicycle shall leav!' a hic_vcle lane until the
movement can be made with rPasnnahlP snfPlv and lh<'n on lv ~n"r giving an
Div. 11 -541-§ 21350
Motor Vehicles and Motorized Bicycle• In Bicycle Lann ¾ 21209. (a ) No person shall drive a motor vehicle in a bicycle lane
established on a roadway pursuant to Section 21207 except ae follows:
( 1) To park where parking is permitted.
(2) To enter or leave the roadway.
(3) To prepare for a turn within a distance of200 feet from the intersection.
(b) This section does not prohibit the use of a motorized bicycle in a
bicycle lane, pursuant to Section 21207.5, at a speed no greater than is
reasonable or prudent, having due regard for visibility, traffic conditions,
and the condition of the roadway surface of the bicycle lane, and in a manner
which does not endanger the safety of bicyclists.
• Added Ch. 761, Stata. 1976. Eff'ective January 1, 1977.
Amended Ch. 664, Stata. 1977. Effective January 1, 1978.
Amended Ch. 262, State. 1988. Eff'ective January 1, 1989 .
Bicycle Parlclng
21210. No person shall leave a bicycle lying on its side on any sidewalk,
or shall park a bicycle on a sidewalk in any other position, so that there is
not an adequate path for pedestrian traffic. Local authorities may, by
ordinance or resolution, prohibit bicycle parking in designated areas of the
public highway, provided that appropriate signs are erected.
Added Ch. 751, Stats. 1976. Effective January 1, 1977.
Obstruction of Blkewsys or Bicycle Paths or Trails
21211. (a ) No person shall stop, stand, sit, or loiter upon any bikeway,
as defined in subdivision (a) of Section 2373 of the Streets and Highways
Code, or any other public or private bicycle path or trail, if the stopping,
standing, sitting, or loitering impedes or blocks the normal and reasonable
movement of any bicyclist.
(b) No person shall place or park any bicycle, vehicle, or any other object
upon any bikeway or bicycle path or trail, as specified in subdivision (a),
which impedes or blocks the normal and reasonable movement of any
bicyclist unless the placement or parking is necessary for safe operation or is
otherwise in compliance with the law.
(c) This section does not apply to drivers or owners of utility or public
utility vehicles as provided in Section 22512.
(d) This section does not apply to owners or drivers of vehicles who make
brief stops while engaged in the delivery of newspapers to customers along
the person's route. •
Added Ch. 499. Stats. 1987. Effective January 1, 1988.
Amended Ch. 1452, Stals. 19811. F.ffective Sept.ember 28, 1988, hy terms ofan urgency clause.
C HAPTER 2. TRAFFIC SIGNS, S IGNAlB, AND MARKINGS
Article 1. Erection and Maintenance
State Authority
21350. The Department of Transportation shall pface and maintain, or
cause to be placed and maintain!'d, with respect to highways under its
jurisdiction, appropriate signs, signals and other traffic control devices as
required hereunder, and may plac<' and maintain, or cause to be placed and
maintained, such appropriate signs. signals or other t raffic control devices
as may be authorized hereund!'r, or ns may ll<' n!'rcssary properl y to indicate
and to carry out. th<' provisions oft hi s rod<-. or t.o wnrn nr guide traffi c upon
th,· h i,,l,w ,;,.,. Tl., " • •• '···· ··' .l"T r -,n-·pn.-f:ifi,.n fll"l\' with th,• ronspnf of
RECEIV~v
SEP 15 1992
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NORTH C O UN TRANS IT DISTR IC T
NORTH SAN DIEGO COUNTY TRANSIT DEVELOPMENT BOARD
Septeni)er 10 , 1992
Mr. Pete Biltchik
352 <llristiansen way
carlstad, CA 92008
Dear Mr. Bil tchik:
...,. ..
'Ibis letter is in response to yours regarding an accident involving
ale of our b..1ses am a bicyclist c:11 carlstad Bl vd. am <llristiansen
way.
'!he accident investigation performed by the District as 'iiwell as the
ale ~leted by Officer Rem of carJstad Rllice Department have ooth
confirmed that NCID was oot at fault, in arrt way, for the cause of
this accident.
It is important to oote that whether the District was using
Olristiansen way or Beech, this type of accident ~d nnst likely
still OCOJr. In this particular case, the bicyclist's inattentiCll
towards the fact that the DJS was t:m:nin1 is what <Xntril::lltes nnst to
the accident.
'1he aa:ident was certainly unfortunate, rut I do oot believe it
justifies the roote dlarge you are~' in am of itself.
In acklitiai, using Beech \10.lld create a~ situatic:11 for our
southlxAmd ruses ai carl.smd Blvd. '1he dist:aooe between our DJS stq>
ai carlstad Blvd. am cypress to Beech is oot sufficient for blses to
merge into traffic am 'make a left tum art:o Beech safely.
For all these reascns, 'ilwe \10.lld prefer to retain the exi.stin;J routing
at this time.
Sincerely,
~
'Dla1BS Lidlterman
Manager of Operatiatf3
TL:tnm
cc:Stim-t·;~.1
•' city 'of tarl.smd
311 South Tremont Street • Oceanside, California 92054 • Phone (619) 987-2828
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