Here’s a few questions from a reader:
Is it legal for a pedestrian to use the bike lane instead of the sidewalk (usually joggers do this, as the asphalt is softer on the joints)? What if there is no sidewalk? What about garbage cans in the bike lane. Is it legal to use a traffic lane for garbage pickup if there is no shoulder or sidewalk? Deanna
The answers come from the California Vehicle Code.
For your first question, Section 21966 says, “No pedestrian shall proceed along a bicycle path or lane where there is an adjacent adequate pedestrian facility.” So the answer appears to be no, they can’t, unless there’s not a sidewalk. But it seems doubtful a pedestrian or jogger would get ticketed unless he/she was causing traffic or other problems.
As for garbage cans, I didn’t find a reference to garbage cans per se, but Section 21211 does refer to garbage trucks and the collection of rubbish. Here’s the section:
“(a) No person may stop, stand, sit, or loiter upon any class I bikeway, as defined in subdivision (a) of Section 890.4 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 may 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.
“(e) This section does not apply to the driver or owner of a rubbish or garbage truck while actually engaged in the collection of rubbish or garbage within a business or residence district if the front turn signal lamps at each side of the vehicle are being flashed simultaneously and the rear turn signal lamps at each side of the vehicle are being flashed simultaneously.
“(f) This section does not apply to the driver or owner of a tow vehicle while actually engaged in the towing of a vehicle if the front turn signal lamps at each side of the vehicle are being flashed simultaneously and the rear turn signal lamps at each side of the vehicle are being flashed simultaneously.”
Then to fully understand Section 21211, you need to know what subdivision (a) of Section 890.4 of the Streets and Highways Code says. And that’s here, along with the other subsections:
“(a) Class I bikeways, such as a “bike path,” which provide a completely separated right-of-way designated for the exclusive use of bicycles and pedestrians with crossflows by motorists minimized.
“(b) Class II bikeways, such as a “bike lane,” which provide a restricted right-of-way designated for the exclusive or semiexclusive use of bicycles with through travel by motor vehicles or pedestrians prohibited, but with vehicle parking and crossflows by pedestrians and motorists permitted.
“(c) Class III bikeways, such as an onstreet or offstreet “bike route,” which provide a right-of-way designated by signs or permanent markings and shared with pedestrians or motorists.”
So without asking a traffic judge for a ruling, it appears that it’s OK to put garbage cans at the curb in a “bike lane.”
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Itsme
“…it seems doubtful a pedestrian or jogger would get ticketed unless he/she was causing traffic or other problems.”
Maybe not a ticket from a police officer, but almost certainly the ire and wrath of snotty bicyclists who think they own the road.
April 2nd, 2012 12:41 am
Paul Harris
Another bike lane question. Is it legal for a vehicle to drive partially in a designatd bike lane? I’ve seen many a vehicle straddling the bike lane solid stripe, driving as though the bike lane didn’t exist.
April 2nd, 2012 6:28 am
R
Dear Mr. Warrior,
Thanks for your great, informative articles!
Unfortunately, I’m not sure that the I (or the law) agree with your conclusion with regards to placing garbage can’s in the bike lane. Section 21211(b) is clear that it is illegal to place “any…object upon any bikeway…which impedes or blocks the normal and reasonable movement of any bicyclist unless the placement or parking is…otherwise in compliance with the law.”
I think this is pretty clear: it’s illegal to place garbage cans in bike lanes.
Attached is an article that also confirms this.
Thanks again for your great series!
/R
“any garbage cans not being allowed in the bike lane.
April 2nd, 2012 8:50 am
R
Following is the missing link from the previous post:
http://bikinginla.wordpress.com/2010/03/14/big-news-on-blocked-bike-lanes-complete-streets-and-drivers-manuals/
April 2nd, 2012 8:51 am
Road.Warrior
Hi, R, thanks for your comment. I based my comment on that the question concerned garbage cans in a “bike lane.” To me, the law seems to allow items in bike lanes but not “bike paths.”
April 2nd, 2012 9:35 am
V
It is NOT legal to place an object within a bike lane, including garbage cans. The lanes should be clear. It IS legal for the garbage trucks to use the bike lane when picking up garbage.
In response to Paul Harris…it is not legal for a vehicle to drive in a bike lane, except: 1) to cross over into a parking space that is outside of a bicycle lane, 2) for 200 feet prior to making a right turn, 3) to enter or leave a roadway [i.e., crossing a bike lane to enter or leave a driveway].
See 21209(a) VC.
April 2nd, 2012 4:01 pm
glenellen
Just passing this along, what do you think ?
From the Sonoma Index Tribune (4/2/12):
Opinion
Things we don’t love: During the intermittently balmy moments of the past weekend, we witnessed a painfully familiar sight repeated too often all over the Valley and throughout the county – the almost universal refusal of bicyclists to obey the rules of the road.
We accord great respect to those who use bicycles for both recreation and basic transportation, but too often that respect is not returned.
We can’t remember the last time we saw a bicyclist obey a stop sign; too often we see bicyclists riding two or three abreast on narrow roads and ignoring turn lanes. We’re amazed there aren’t more accidents.
So here’s a message to the Sonoma County Bicycle Coalition: Why not mount an aggressive campaign to insist that all your members obey the rules of the road and hold informational workshops to drive the point home?
And to the Sonoma police we say: How about arresting some bicyclists from time to time to make them believe the laws apply to them as well?
David Bolling
Editor
April 2nd, 2012 7:29 pm
Skeptic101
Section 21211 will now be amended to read as follows. “(b) No person may place or park any bicycle, vehicle, or any other object upon any bike lane or bikeway or bicycle path or trail, as specified in subdivision (a). Cost to make this amendment, $3,784,257.38 (negligible) enforcement (none).
April 2nd, 2012 9:38 pm