Northern California - Illegal to make a left turn from the far left turn lane?

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jeffy1021
06-17-10, 10:54 AM
I was going to post this in the Safety Forum, but I thought I would post it here so I can get some local opinions. I got pulled over this AM by Emeryville PD for making a left turn from the far left turn lane. The officer said that I am required by law to make a left turn from the right left turn lane if there is more than one left turn lane. I definitely think it is safer to just take the lane since I am going the speed of traffic and to avoid changing lanes on Powell. Also, the two right lanes on Powell go onto the freeway which I why it would not make sense to ride in those lanes. After work, I am going to see if I can research this law more.

For those that are familiar with the area, Powell St. by I-80 is fairly busy. But fortunately, traffic does not move fast since there are a lot of traffic lights very close together. I have been riding in a few times per week for a few years now and have not had any problems so far.

Has anyone ever heard of this law before? I did not bother arguing my case with the officer, but maybe I should have? The route I normally ride is in yellow, hopefully you guys can make it out.

http://j-how.net/temp/street1.JPG

http://j-how.net/temp/street2.JPG


DiabloScott
06-17-10, 11:40 AM
I was going to post this in the Safety Forum, but I thought I would post it here so I can get some local opinions. I got pulled over this AM by Emeryville PD for making a left turn from the far left turn lane. The officer said that I am required by law to make a left turn from the right left turn lane if there is more than one left turn lane. I definitely think it is safer to just take the lane since I am going the speed of traffic and to avoid changing lanes on Powell.

Absolutely no such law exists.

In fact, if you are travelling the same speed as traffic, there are absolutely NO traffic laws that are different for a bicycle than a car.
How you handle a cop who doesn't understand this is a matter of some personal judgement, but if you believe that what you did is the safest way to proceed, then you should keep doing it. Do your CVC research though and prepare to justify yourself to the system.

jeffy1021
06-17-10, 11:49 AM
Yes, I will print out a copy of the CVC and keep it in my bike bag. I was kind of caught off guard and was not prepared to defend myself since I've always been doing what was legal and safe as far as I knew.

http://www.dmv.ca.gov/pubs/vctop/d11/vc21202.htm
http://www.dmv.ca.gov/pubs/hdbk/shr_slow_veh.htm#bike


UmneyDurak
06-17-10, 11:56 AM
I keep meaning to do that. My experience is that most drivers have no clue what is legal for a bicycle, police is not much better.

mtnwalker
06-17-10, 12:37 PM
I can't find any laws about making a left when there are multiple left turn lanes. But I agree with the officer about taking the right most left turn lane. Here's why. If you take the left most left turn lane you will end up in the far left lane violating the CVC of staying as close as practicable to the right-hand curb or edge of the roadway.

Ygduf
06-17-10, 12:40 PM
you will end up in the far left lane violating the CVC of staying as close as practicable to the right-hand curb or edge of the roadway.

only applicable when you're moving slower than traffic, if I understand it correctly

Biker395
06-17-10, 12:42 PM
I can't find any laws about making a left when there are multiple left turn lanes. But I agree with the officer about taking the right most left turn lane. Here's why. If you take the left most left turn lane you will end up in the far left lane violating the CVC of staying as close as practicable to the right-hand curb or edge of the roadway.

Not so, because you don't have to do that when you are preparing to make a left turn, which he was about to do.

I'd have asked the motor officer to point out the specific vehicle code that is alleged to have been violated. As far as I know, there ain't any.

If it were me, I'd fight this one.

silentben
06-17-10, 01:26 PM
jeffy, I would keep doing what you've been doing. I am not a lawyer but I'm pretty sure there's no "right most left-turn lane" law for bikes. Vehicle Code section 21202 only applies to bicycles traveling slower than other traffic and it sounds like that doesn't apply in your case. Even if you were slower than motor vehicles I think you could argue that the you use of the left most turn lane was "preparing for a left turn at an intersection or into a private road or driveway" which is an explicit exception to the slow bike law. Due to the nature of the roads in question you have to prepare for your ultimate left turn quite far in advance.

Sounds like the officer didn't cite you. If he/she did they would have to put the section of vehicle code on the ticket. It'd be interesting to see what they would try and use to justify your action as illegal.

ps, I like this site: http://www.cabobike.org/articles/bicycles-and-the-law/

DiabloScott
06-17-10, 01:30 PM
If it were me, I'd fight this one.

I don't see that he got a ticket... just that he got pulled over.


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.

Amended Sec. 4, Ch. 674, Stats. 1996. Effective January 1, 1997.


ie, if you're travelling the same speed as traffic (or if you are the only traffic), you don't have to ride to the right at all, and the rest of the sections define other times when you don't have to be as far right as practical. This is not some loophole, this is the CVC recognizing that this is the safe way to cycle in traffic.

annc
06-17-10, 01:48 PM
If I interpret the map correctly, the OP is in the left-left lane because at the following intersection he's making another left. Exception 2 of 21202. (a) does not specify which left turning lane he needs to be in (in fact it specifies no lane at all). After crossing the intersection, he can continue in the left lane since he's turning left again. Of course, the cop needs to be convinced.

jeffy1021
06-17-10, 02:21 PM
Correct, the first two signals are very close together, maybe 100 feet apart which is why it makes sense to use the lanes that I used. Basically I choose to stay in one lane throughout that stretch of road since I am going the speed of traffic and it is safer than riding close to the curb and then try to change lanes later.

Also, the officer did not give me a ticket.

gpelpel
06-17-10, 02:55 PM
Also, the officer did not give me a ticket.

That's a clue that he probably wasn't very sure about what he was doing.

rumrunn6
06-17-10, 03:01 PM
regardless of the law - fight the ticket - you might get lucky

Biker395
06-17-10, 03:02 PM
Also, the officer did not give me a ticket.

Wow ... I wonder what that feels like? :innocent:

mtnwalker
06-17-10, 05:28 PM
OP, I'm curious if you told the officer that the reason you were taking the far left turn was because you were going to make another left at the next intersection. If you did what did he say about it?

Val23708
06-17-10, 05:39 PM
perfectly legal. you count as a car if you're going the same speed as the car in front of you.

rumrunn6
06-17-10, 10:39 PM
I beat so many tickets that when I get stopped and they look at my record they know its in their best interest to just give me a warning. beat a parking ticket just last week. I'm like 20 for 20 over the past 20 years

crimsonblood
06-17-10, 11:48 PM
Laws aside, riding that inside turn lane has always felt sketchy to me. I guess I just like having as many bail outs as possible and that middle lane doesn't have many. I probably would have stuck to the right most edge through those to left turns then taken the right lane just before the right turn so I wouldn't get squeezed. Then on the approach to the on ramp try grabbing the left lane but if not possible I could drop into the lot or just get on the sidewalk.

The cop was probably just concerned.. It's rare in my experience to ever hear care or compassion from a police officer when intimidation is easy to emote.

BlastRadius
06-18-10, 09:09 AM
Laws aside, riding that inside turn lane has always felt sketchy to me. I guess I just like having as many bail outs as possible and that middle lane doesn't have many. I probably would have stuck to the right most edge through those to left turns then taken the right lane just before the right turn so I wouldn't get squeezed. Then on the approach to the on ramp try grabbing the left lane but if not possible I could drop into the lot or just get on the sidewalk.

The cop was probably just concerned.. It's rare in my experience to ever hear care or compassion from a police officer when intimidation is easy to emote.

+1

I personally would just stick to the right lane/edge until I needed to make that last left turn. If traffic is really moving that slowly, merging over into that last left-turn lane shouldn't be difficult.

HIPCHIP
06-18-10, 11:39 AM
Last I remember, it is legal for a bike to make a left turn from a left turn only lane ONLY if they do not interfere with the normal flow of traffic. I don't remember reading anything specific about multiple left turn lanes, so not sure. but if you are on the inside lane and you are impeding traffic in the outside lanes, that would be illegal. It used to be legal to ride on the sidewalk, but you couldn't interfere with pedestrian traffic, but it appears that has now changed, so laws do change.

Biker395
06-18-10, 03:22 PM
Last I remember, it is legal for a bike to make a left turn from a left turn only lane ONLY if they do not interfere with the normal flow of traffic. I don't remember reading anything specific about multiple left turn lanes, so not sure. but if you are on the inside lane and you are impeding traffic in the outside lanes, that would be illegal. It used to be legal to ride on the sidewalk, but you couldn't interfere with pedestrian traffic, but it appears that has now changed, so laws do change.

In California, whether it is legal or not to ride on the sidewalk is left up to the municipality. It's legal in some, not legal in others, and in many, whether it is illegal or legal depends on the zoning in the area.

As far as the left turn, the relevant code provision makes it clear that a bicyclist need not be as far to the right as is practicable when preparing to make a left turn:

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:
...

(2) When preparing for a left turn at an intersection or into a private road or driveway.

Based on this code, there is nothing illegal about a bicycle using the left lane to make a left hand turn whether they are going less than the speed of traffic or not.

The way I saw the bicyclists route, he was making a left turn and then had to remain in the left lane in order to make another left turn shortly thereafter. Under those circumstances, after making the first left turn, he was again "preparing for a left turn at an intersection" and under section (2), he need not be as far as practicable to the right, regardless of his speed.

Tough series of turns, though ... and taking that inner left turn lane is a bold move. Hard to say what the safest thing to do is without knowing more about the intersection.

Typhon2222
06-23-10, 09:46 AM
Thanks for the post — I've learned lots.