jeremygrant.com

Auto vs. cyclist / pedestrian fatality, without a doubt, is the most negative result of conspicuous spending and status seeking in Los Angeles. Daily fatalities, near misses and fails are the backlash of selfishness in a self centered international urban center. In the face of deepening recession and a failing economy that shall decline into the next decade, etc., et cetera… it seems as if the motoring community is making no effort to curtail their efforts in road domination: by any means necessary. That can be seen in the 97 comments related to an awfully short article blogged by the LA Times

I was tipped by Biking in LA about the Daily Breeze article, a longer article referenced by the LA Times, still didn’t quite nail the facts. You will notice that the article only has 3 comments. I believe that is true because the person most likely to write a nasty comment will not (or cannot) read a lengthy, accurate and informative article about the transpiring events of bicycle advocacy. The others that can read the article and comment always seem to play one old broken record: bikers break the law all the time and don’t know the laws.

Well, in my everyday experience as a pedestrian and cyclist I notice that motorists are breaking the law every few minutes. It could be not signaling, not stopping, not yielding, or unsafe passing; but, it is all very dangerous. It puts two things into perspective to me: no matter how closely i follow the law i am always in danger & most law breaking seems to be for selfish, albeit, worthless decisions.

There are laws on the books to enforce the safety of everyone. There is even a Cyclists’ Bill of Rights that has been endorsed and required to be included in the new Bike Plan. Just remember that while the LA City Council is working on improving the equality of cyclists, and the LAPD is working on officer training, for now, safety is everyone’s responsibility.

Since everyone else, bloggers and actual news reporters are quoting the CVC like mad in their articles I thought I’d do the same. This has been an old working post for a few years since I noticed the influx of ridership through the years. From my experience of 20+ years riding on the street and many interactions with motorists and law enforcement I thought I’d list some of the more important rules of the road i notice motorists often ignore*.

Hand-Held Wireless Telephone: Prohibited Use
23123. (a) A person shall not drive a motor vehicle while using a wireless telephone unless that telephone is specifically designed and configured to allow hands-free listening and talking, and is used in that manner while driving.

(motorists are still holding their cell phones — even the LAPD and Metro bus drivers are seen routinely holding their cell phones on duty. Interestingly enough, holding and using a cell phone while driving a bicycle appears to be legal. CVC 21205.)

Operation on Roadway
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.

(all that means that it is ok to ride your bike in the street, it is ok to take the lane if you feel it is the safest thing to do, and that it is ok to move left when you need to– just as long as you are riding with the flow of traffic.)

Minimum Speed Law
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.

(safe operation of a bike requires “slower” speeds; therefore going slow is ok.)

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.

(that means you can’t park in a bike lane, right?)

Overtake and Pass to Left
21750. The driver of a vehicle overtaking another vehicle or a bicycle proceeding in the same direction shall pass to the left at a safe distance without interfering with the safe operation of the overtaken vehicle or bicycle, subject to the limitations and exceptions hereinafter stated.

(the DMV recommends a motorist should change lanes or give a minimum three foot (3ft) distance.)

Interference With Driver or Mechanism
21701. No person shall willfully interfere with the driver of a vehicle or with the mechanism thereof in such manner as to affect the driver’s control of the vehicle.

(stopping or driving a car too close to a cyclist causes interference.)

Youth Bicycle Helmets: Minors
21212. (a) A person under 18 years of age shall not operate a bicycle, a nonmotorized scooter, or a skateboard, nor shall they wear in-line or roller skates, nor ride upon a bicycle, a nonmotorized scooter, or a skateboard as a passenger, upon a street, bikeway, as defined in Section 890.4 of the Streets and Highways Code, or any other public bicycle path or trail unless that person is wearing a properly fitted and fastened bicycle helmet that meets the standards of either the American Society for Testing and Materials (ASTM) or the United States Consumer Product Safety Commission (CPSC), or standards subsequently established by those entities. This requirement also applies to a person who rides upon a bicycle while in a restraining seat that is attached to the bicycle or in a trailer towed by the bicycle.

(that means you don’t have to wear a helmet if you are an adult)

Following Too Closely
21703. The driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicle and the traffic upon, and the condition of, the roadway.

(ideally a car should never follow a cyclist too closely.)

Turning Across 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 turn and shall make the turn pursuant to Section 22100.

(that means a motorist must signal and merge into the bike lane to give time for the cyclist to change lanes and get out of the way.)

Motor Vehicles and Motorized Bicycles in Bicycle Lanes
21209. (a) No person shall drive a motor vehicle in a bicycle lane established on a roadway pursuant to Section 21207 except as follows:

(1) To park where parking is permitted.

(2) To enter or leave the roadway.

(3) To prepare for a turn within a distance of 200 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.

(that means you can’t drive your car in the bike lane just to pass on the right)

Stop Signs: Intersections
21802. (a) The driver of any vehicle approaching a stop sign at the entrance to, or within, an intersection shall stop as required by Section 22450. The driver shall then yield the right-of-way to any vehicles which have approached from another highway, or which are approaching so closely as to constitute an immediate hazard, and shall continue to yield the right-of-way to those vehicles until he or she can proceed with reasonable safety.

(b) A driver having yielded as prescribed in subdivision (a) may proceed to enter the intersection, and the drivers of all other approaching vehicles shall yield the right-of-way to the vehicle entering or crossing the intersection.

(c) This section does not apply where stop signs are erected upon all approaches to an intersection.

(that means if a cyclist is about to stop at the intersection before a motorist is stopped the cyclist has the right of way–regardless of how big or fast the vehicle is.)

Any motorist that doesn’t follow these laws would be disregarding the safety of a cyclist. Yes, there are far more laws on the books that motorists ignore and impede against the rights of cyclists; i cannot list them all here. Often the motorist ignorantly believes that the size and speed of his car takes the right of way. This is untrue and can result in unexpected and violent results.
Therefore:

Reckless Driving
23103. (a) A person who drives a vehicle upon a highway in willful or wanton disregard for the safety of persons or property is guilty of reckless driving.

(b) A person who drives a vehicle in an offstreet parking facility, as defined in subdivision (c) of Section 12500, in willful or wanton disregard for the safety of persons or property is guilty of reckless driving.

(c) Persons convicted of the offense of reckless driving shall be punished by imprisonment in a county jail for not less than five days nor more than 90 days or by a fine of not less than one hundred forty-five dollars ($145) nor more than one thousand dollars ($1,000), or by both that fine and imprisonment, except as provided in Section 23104 or 23105.

California Penal Code Sections 240-248
CHAPTER 9. ASSAULT AND BATTERY
240. An assault is an unlawful attempt, coupled with a present
ability, to commit a violent injury on the person of another.

PENAL CODE
SECTION 187-199

187. (a) Murder is the unlawful killing of a human being, or a
fetus, with malice aforethought.

188. Such malice may be express or implied. It is express when
there is manifested a deliberate intention unlawfully to take away
the life of a fellow creature. It is implied, when no considerable
provocation appears, or when the circumstances attending the killing
show an abandoned and malignant heart.
When it is shown that the killing resulted from the intentional
doing of an act with express or implied malice as defined above, no
other mental state need be shown to establish the mental state of
malice aforethought. Neither an awareness of the obligation to act
within the general body of laws regulating society nor acting despite
such awareness is included within the definition of malice.

189. All murder which is perpetrated by means of a destructive
device or explosive, a weapon of mass destruction, knowing use of
ammunition designed primarily to penetrate metal or armor, poison,
lying in wait, torture, or by any other kind of willful, deliberate,
and premeditated killing, or which is committed in the perpetration
of, or attempt to perpetrate, arson, rape, carjacking, robbery,
burglary, mayhem, kidnapping, train wrecking, or any act punishable
under Section 206, 286, 288, 288a, or 289, or any murder which is
perpetrated by means of discharging a firearm from a motor vehicle,
intentionally at another person outside of the vehicle with the
intent to inflict death, is murder of the first degree. All other
kinds of murders are of the second degree.
As used in this section, “destructive device” means any
destructive device as defined in Section 12301, and “explosive” means
any explosive as defined in Section 12000 of the Health and Safety
Code.
As used in this section, “weapon of mass destruction” means any
item defined in Section 11417.
To prove the killing was “deliberate and premeditated,” it shall
not be necessary to prove the defendant maturely and meaningfully
reflected upon the gravity of his or her act.

As you can see harassing, injuring or killing a cyclist is against the law. Of course, if you are in trouble with a motorist and feel your life is in danger you should stop what you are doing right now and call 911. Sometimes authorities may not respond and you may be forced to handle the situation yourself. How far can you go to defend yourself?

This is how far:

CALIFORNIA PENAL CODE
TITLE 8. OF CRIMES AGAINST THE PERSON
CHAPTER 1. HOMICIDE

197. Homicide is also justifiable when committed by any person in any of the following cases:
1. When resisting any attempt to murder any person, or to commit a felony, or to do some great bodily injury upon any person; or,
2. When committed in defense of habitation, property, or person, against one who manifestly intends or endeavors, by violence or surprise, to commit a felony, or against one who manifestly intends and endeavors, in a violent, riotous or tumultuous manner, to enter the habitation of another for the purpose of offering violence to any person therein; or,
3. When committed in the lawful defense of such person, or of a wife or husband, parent, child, master, mistress, or servant of such person, when there is reasonable ground to apprehend a design to commit a felony or to do some great bodily injury, and imminent danger of such design being accomplished; but such person, or the person in whose behalf the defense was made, if he was the assailant or engaged in mutual combat, must really and in good faith have endeavored to decline any further struggle before the homicide was committed; or,
4. When necessarily committed in attempting, by lawful ways and means, to apprehend any person for any felony committed, or in lawfully suppressing any riot, or in lawfully keeping and preserving the peace.

198. A bare fear of the commission of any of the offenses mentioned in subdivisions 2 and 3 of Section 197, to prevent which homicide may be lawfully committed, is not sufficient to justify it. But the circumstances must be sufficient to excite the fears of a reasonable person, and the party killing must have acted under the influence ofsuch fears alone.

198.5. Any person using force intended or likely to cause death or great bodily injury within his or her residence shall be presumed to have held a reasonable fear of imminent peril of death or great bodily injury to self, family, or a member of the household when that force is used against another person, not a member of the family or household, who unlawfully and forcibly enters or has unlawfully and forcibly entered the residence and the person using the force knew or had reason to believe that an unlawful and forcible entry occurred.
As used in this section, great bodily injury means a significant or substantial physical injury.

I personally will not condone taking a life since I subscribe to a non-violent approach; but, I know of many motorists that wouldn’t flinch before they run over a cyclist. Until the City can efficiently educate drivers and LAPD can adequately enforce the laws it seems as if cyclists are left to their own devices to protect themselves.

*I know quoting the CVC opens this article up to a lot of interpretation; but, I am presenting my own interpretation and know that it has been upheld by the courts in the past. Comment at your own risk.