Frank Lehnerz Duquette’s blog posts and his podcasts feed a great deal of misinformation and blatantly incorrect things.
For the purpose of this post, the statements in quotation marks are directly from Duquette’s blog post.
“Legally, bicyclists have all the rights and duties of a motorist when riding on roadways (Vehicle Code §21200(a))”
Not exactly. CVC 21200 grants bicyclists the same rights and duties as *drivers of vehicles* Motorists are only one type of vehicle operator. It’s important that all roadway operators understand that driver /= motorist. Driver = vehicle operator. The FB page Bicyclists Belong in the Traffic Lane called this out too.
Link to 21200:
leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=VEH§ionNum=21200.
“Obviously, if there is a marked bicycle lane, a bicyclist is arguably required to ride within the bicycle lane and in the same direction as traffic. Vehicle Code §21208(a) only allows a bicyclist to move outside the bike lane under four conditions:”
Wrong again. Duquette misses a vital part of 21208, which is that cyclists moving the speed of normal traffic are at no time required to use the bike lane.
It’s also important to note that a “bike lane” is as it has a specific definition and design specifications as given in the Streets and Highways manual. If the facility does not match the design specifications in the SHM and does not have traffic control devices in compliance with the requirements in the CA Manual for Uniform Traffic Control Devices, then it is not a bike lane.
“
* When overtaking and passing another bicycle, vehicle or pedestrian within the lane or about to enter the lane if you cannot safely pass within the bike lane;
* When preparing to make a left turn at an intersection or into a private road or driveway;
* When reasonably necessary to avoid debris or other hazardous conditions, including a substandard width lane;
* When approaching a place where a right turn is authorized (for example, a right turn only lane and you are proceeding straight).
“
He should have just quoted the CVC itself. The exemptions in 21208 don’t mention anything about a “substandard-width” lane. That exemption comes from 21202.
Link for 21202:
leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=VEH§ionNum=21202.
“A bicyclist is required by Vehicle Code §21202(a) to "ride as close as practicable to the right-hand curb or edge of the roadway" except under the same four conditions listed above”
Once again this isn’t quote correct. CVC 21202 only requires far to the right as practicable operation (FRAP) when the cyclist is moving slower than the speed of normal traffic.
Side note: If you listen to Duquette’s podcasts you’ll hear him erroneously use the word “practical” in place of “practicable” several times. These two words are not the same.
“Therefore, when there is not a marked bike lane and you are riding with others, you should consider riding single file when you are aware of approaching vehicles, rather than next to another bicyclist, since the bicyclist on the left would not be as close to the right as practicable and“
On 99 percent of roads out there the right-most lane is still not wide enough to allow same-lane safe passing when one bicyclist is in the center or even center right of the lane. What difference does it make to have two bicyclists operating side by side so long as they are occupying the same lane? Faster moving traffic must change lanes to pass or wait in either case. Both motorists and cyclists should understand it’s actually easier to pass a group riding two abreast than it is to pass a long line of single file riders.
“potentially obstructing the lane for motor vehicles. “
Quoting this again because it is ridiculous and promotes the idea that motor vehicle drivers coming up form behind for some reason have priority on the roadway over someone who was already there. Does Duquette not understand the concept of “first come, first served?” Most drivers do not thanks to misinformation like this.
“This suggestion depends on the many factors like road width and traffic conditions.”
Which is something Duquette should spend some time discussing because in this post he implies a very different reality of what’s really out there. Most roads don’t have lanes wide enough to facilitate safe and legal same-lane passing of MVs and cyclists.
“There is one further exception to this rule, found in Vehicle Code §21202(b),, bicyclists "may ride as near the left-hand curb or edge of that roadway as practicable. Note that this exception still does not allow bicyclists to occupy the center of the roadway unless necessary. It only provides that they may travel on the leftward edge as well as the rightward on a one-way, multi lane road.”
Don’t get hung up on this, the left hand edge is just 21202 in mirror. No need to complicate it any more. A cyclist can control the left-most (usually thru lane) lane on a one-way street for the same reasons the can control the right most (usually thru) lane on a normal road. The left-most side of the roadway on a one way road may have the same snags as a normal roadway, door zones, debris, turning conflicts, turn only lanes, etc. These situations make occupying the center of the lane necessary and are common on nearly every urban one way street. Extremely wide left lanes on one way streets are extremely rare and if they exist usually allow on-street parking and loading zones.
“The keys to safe bicycling include being predictable, visible, and communicating your intentions to motorists. Ride like you are invisible. “
These two statements contradict each other.