Mr. Beanz
08-16-09, 09:09 PM
Another rider asked me to post this question for him. He sid he would post it himself but that you al were funny looking and he didn't want to start a thread in a funny looking forum.:D...OK, not really, he asked me to post it.
I don't ride above East fork so maybe you guys have seen the sign or know the situation?
His post, well most of it!:p
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I went up Hwy 39 last weekend though, planning on going to Crystal Lake;When I got to the first gate about three miles above East Fork Rd and saw a sign that said "pedestrians, bicycles, motor-driven cycles prohibited," I got really discouraged and just turned around and came home. I don't know if the sign was always there and I just never saw it before, or if it's new. Do you know? I don't think that prohibition is even legal under CVC section 21960 which says:
quote:
Freeways and Expressways: Use Restrictions
21960. (a) The Department of Transportation and local authorities, by order, ordinance, or resolution, with respect to freeways, expressways, or designated portions thereof under their respective jurisdictions, to which vehicle access is completely or partially controlled, may prohibit or restrict the use of the freeways, expressways, or any portion thereof by pedestrians, bicycles or other nonmotorized traffic or by any person operating a motor-driven cycle, motorized bicycle, or motorized scooter. A prohibition or restriction pertaining to bicycles, motor-driven cycles, or motorized scooters shall be deemed to include motorized bicycles; and no person may operate a motorized bicycle wherever that prohibition or restriction is in force. Notwithstanding any provisions of any order, ordinance, or resolution to the contrary, the driver or passengers of a disabled vehicle stopped on a freeway or expressway may walk to the nearest exit, in either direction, on that side of the freeway or expressway upon which the vehicle is disabled, from which telephone or motor vehicle repair services are available.
(b) The prohibitory regulation authorized by subdivision (a) shall be effective when appropriate signs giving notice thereof are erected upon any freeway or expressway and the approaches thereto. If any portion of a county freeway or expressway is contained within the limits of a city within the county, the county may erect signs on that portion as required under this subdivision if the ordinance has been approved by the city pursuant to subdivision (b) of Section 1730 of the Streets and Highways Code.
(c) No ordinance or resolution of local authorities shall apply to any state highway until the proposed ordinance or resolution has been presented to, and approved in writing by, the Department of Transportation.
(d) An ordinance or resolution adopted under this section on or after January 1, 2005, to prohibit pedestrian access to a county freeway or expressway shall not be effective unless it is supported by a finding by the local authority that the freeway or expressway does not have pedestrian facilities and pedestrian use would pose a safety risk to the pedestrian.
It allows the prohibition of bikes on freeways and expressways, but not on roads like this one, and I think Calfornia law says that if the road is the only way to get there on a bike, you can ride it on a bike. I have not found that CVC section though. Do you know what it is? I can't think of what to put in a search. It might be a moot point as long as the gate is closed anyway. But although the rangers up there have been friendly to us (even inviting our son to lunch with them when they were working at the Crystal Lake campground!), if one decided to be a real stinker I suppose he could cite us for a double offense.
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I don't ride above East fork so maybe you guys have seen the sign or know the situation?
His post, well most of it!:p
---------------------------------------------------------------------------------
I went up Hwy 39 last weekend though, planning on going to Crystal Lake;When I got to the first gate about three miles above East Fork Rd and saw a sign that said "pedestrians, bicycles, motor-driven cycles prohibited," I got really discouraged and just turned around and came home. I don't know if the sign was always there and I just never saw it before, or if it's new. Do you know? I don't think that prohibition is even legal under CVC section 21960 which says:
quote:
Freeways and Expressways: Use Restrictions
21960. (a) The Department of Transportation and local authorities, by order, ordinance, or resolution, with respect to freeways, expressways, or designated portions thereof under their respective jurisdictions, to which vehicle access is completely or partially controlled, may prohibit or restrict the use of the freeways, expressways, or any portion thereof by pedestrians, bicycles or other nonmotorized traffic or by any person operating a motor-driven cycle, motorized bicycle, or motorized scooter. A prohibition or restriction pertaining to bicycles, motor-driven cycles, or motorized scooters shall be deemed to include motorized bicycles; and no person may operate a motorized bicycle wherever that prohibition or restriction is in force. Notwithstanding any provisions of any order, ordinance, or resolution to the contrary, the driver or passengers of a disabled vehicle stopped on a freeway or expressway may walk to the nearest exit, in either direction, on that side of the freeway or expressway upon which the vehicle is disabled, from which telephone or motor vehicle repair services are available.
(b) The prohibitory regulation authorized by subdivision (a) shall be effective when appropriate signs giving notice thereof are erected upon any freeway or expressway and the approaches thereto. If any portion of a county freeway or expressway is contained within the limits of a city within the county, the county may erect signs on that portion as required under this subdivision if the ordinance has been approved by the city pursuant to subdivision (b) of Section 1730 of the Streets and Highways Code.
(c) No ordinance or resolution of local authorities shall apply to any state highway until the proposed ordinance or resolution has been presented to, and approved in writing by, the Department of Transportation.
(d) An ordinance or resolution adopted under this section on or after January 1, 2005, to prohibit pedestrian access to a county freeway or expressway shall not be effective unless it is supported by a finding by the local authority that the freeway or expressway does not have pedestrian facilities and pedestrian use would pose a safety risk to the pedestrian.
It allows the prohibition of bikes on freeways and expressways, but not on roads like this one, and I think Calfornia law says that if the road is the only way to get there on a bike, you can ride it on a bike. I have not found that CVC section though. Do you know what it is? I can't think of what to put in a search. It might be a moot point as long as the gate is closed anyway. But although the rangers up there have been friendly to us (even inviting our son to lunch with them when they were working at the Crystal Lake campground!), if one decided to be a real stinker I suppose he could cite us for a double offense.
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