Tilting at Windmills

Much to everyone's surprise, I'm sure, I actually rode my bike this weekend.

I rode up the coast, from Encinitas to Huntington, on Sunday afternoon. Now I know why most people ride north to south on the coast. Headwinds. All. Frickin. Day. I also took a wrong turn in Camp Pendleton, resulting in an unplanned ~10 mi. detour, and to top it all off I had a less than pleasant encounter with one of Newport PD's finest. The result of which, is the following complaint, emailed to Newport PD earlier this morning. I'm sure they'll pay it really close attention.

Lieutenant Morton,

I recently had an encounter with one of your department's motor officers, about which I wish to voice a complaint.

On Sunday afternoon, at approximately 4:00 p.m. I was traveling via bicycle through the congested area of downtown Newport Beach, on PCH. Traffic was bumper-to-bumper and at a near standstill. For my own safety, I was traveling between the two northbound lanes of traffic, as opposed to the right hand side next to parked cars. This avoids the hazards of being struck by a door from someone exiting a parked car, being struck by cars entering or leaving street side parking, and being struck by cars entering or leaving driveways along the roadway. In this circumstance splitting lanes is clearly the safer mode of travel.

I was operating well within the guidelines described on the CHP website, in regards to lane splitting, and was not impeding any motorcycle or other traffic. I was riding at well under 15 mph, and was not riding recklessly or unpredictably.

The officer I encountered (Sorry I do not have a name or badge number. It was a female officer with short, brown hair, approx. 50 years of age.), rudely (I believe her words were, "What the hell do you think you're doing?") ordered me to move over to the right, next to the parked cars. When I protested, and voiced my concerns that I was traveling in the safest manner possible, she claimed that CA vehicle code prohibits lane splitting by bicycles, and repeated her order that I ride on the right hand side. Not wanting to risk a citation, I complied.

Maybe you can point me to some regulation which I'm unfamiliar with, but in my own research, and my correspondence with advocates associated with the League of American Bicyclists, I can find no law prohibiting the operation of a bicycle in such a manner.

Per California Vehicle Code 21200, bicyclists have the same rights and duties of vehicle drivers: http://www.dmv.ca.gov/pubs/vctop/d11/vc21200.htm

CVC 21202 limits those rights and duties under some circumstances: http://www.dmv.ca.gov/pubs/vctop/d11/vc21202.htm

I don't believe CVC 21202 applies in this instance because I was traveling faster, not slower than, the normal flow of traffic, I was avoiding a hazard (the door zone), and I was approaching a place where a right turn is authorized (all the various side streets and driveways along the road).

I believe this officer was in error, in regards to what the law requires of a bicycle rider, and that she put me in unnecessary danger due to her ill-informed order.

If, in fact, there is such a law explicitly prohibiting lane splitting by bicycle, perhaps you could provide me with the specific CVC statute that prohibits it, so that I may become better educated on the subject. If not I'd like to respectfully request that your department's officers, who are tasked with the duty of enforcing traffic law, and ensuring the safety of all road users, be further educated as to how the law applies to bicycles and how bicycles can best travel safely on the roadway, so that they don't order cyclists to ride in a manner which endangers themselves.

Thank you for your time.

-Trevor Walton


Ended up being in the saddle for a little over 5 hours, which was on the shorter side of my 5 - 6.5 hour scheduled ride. I just didn't have it in me to fight headwinds for another hour. If the numbers of them out there were any indication, at least the kite boarders were enjoying the winds.