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Bicyclist hit while riding around a parked car  Bob Shanteau
 Nov 05, 2009 14:49 PST 





Here is a Google Street View near where this serious accident happened:


Judging from that FedEx truck, the right lane here is too narrow for a
bicycle and a vehicle to travel safely side by side with the lane and
so CVC 21202(a)(3) does not require the bicyclist to ride as far right
as practicable <http://www.dmv.ca.gov/pubs/vctop/d11/vc21202.htm>;:

***
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:
...
(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.
***

An answer to the question about where bicyclists may ride on this type
of road is due from Caltrans Legal in time for the next California
Bicycle Advisory Committee meeting on December 3.

We're hoping that the opinion will say that bicyclists who are subject
to one of the exceptions in CVC 21202 will instead be subject to the
regular slow moving vehicle laws, but not to the impeding traffic law

***
21654.  (a) Notwithstanding the prima facie speed limits, any vehicle
proceeding upon a highway at a speed less than the normal speed of
traffic moving in the same direction at such time shall be driven in
the right-hand lane for traffic or as close as practicable to the
right-hand edge or curb, except when overtaking and passing another
vehicle proceeding in the same direction or when preparing for a left
turn at an intersection or into a private road or driveway.
(b) If a vehicle is being driven at a speed less than the normal speed
of traffic moving in the same direction at such time, and is not being
driven in the right-hand lane for traffic or as close as practicable to
the right-hand edge or curb, it shall constitute prima facie evidence
that the driver is operating the vehicle in violation of subdivision
(a) of this section.
(c) The Department of Transportation, with respect to state highways,
and local authorities, with respect to highways under their
jurisdiction, may place and maintain upon highways official signs
directing slow-moving traffic to use the right-hand traffic lane except
when overtaking and passing another vehicle or preparing for a left
turn.

21656.  On a two-lane highway where passing is unsafe because of
traffic in the opposite direction or other conditions, a slow-moving
vehicle, including a passenger vehicle, behind which five or more
vehicles are formed in line, shall turn off the roadway at the nearest
place designated as a turnout by signs erected by the authority having
jurisdiction over the highway, or wherever sufficient area for a safe
turnout exists, in order to permit the vehicles following it to
proceed. As used in this section a slow-moving vehicle is one which is
proceeding at a rate of speed less than the normal flow of traffic at
the particular time and place.

22400.  (a)
No person shall drive upon a highway at such a slow speed as to impede
or block the normal and reasonable movement of traffic, unless the
reduced speed is necessary for safe operation, because of a grade, or
in compliance with law.
    No person shall bring a vehicle to a complete stop upon a highway
so as to impede or block the normal and reasonable movement of traffic
unless the stop is necessary for safe operation or in compliance with
law.
(b) Whenever the Department of Transportation determines on the basis
of an engineering and traffic survey that slow speeds on any part of a
state highway consistently impede the normal and reasonable movement of
traffic, the department may determine and declare a minimum speed limit
below which no person shall drive a vehicle, except when necessary for
safe operation or in compliance with law, when appropriate signs giving
notice thereof are erected along the part of the highway for which a
minimum speed limit is established
    Subdivision (b) of this section shall apply only to vehicles
subject to registration.
***

Bob Shanteau
Transportation Engineering Liaison
California Association of Bicycling Organizations

***
November 5, 2009 - 12:00 AM
Bicyclist still critical after hit-and-run crash
By KIMBERLY EDDS
http://headlines.ocregister.com/news/hit-49463-bicyclist-block.html

ANAHEIM A 54-year-old bicyclist remained in critical condition
Wednesday, two days after he was hit while riding around a parked car.
Authorities are searching for the driver who left him lying in the
street.

The Anaheim man was pedaling west on Broadway between Atchison and
Kroeger streets around 5:30 p.m. Monday when a vehicle hit him and
didn't stop, police Sgt. Rick Martinez said. The bicyclist suffered
head and internal injuries, he said.

Investigators don't have a clear description of the vehicle but believe
it may be a dark-colored SUV or minivan. There is likely damage to the
passenger side, and the passenger-side mirror was broken.

Anyone with information is asked to call police traffic investigators
at 714-765-1961.
***
	
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