High Sierra Cyclists
P.O. Box 2278
Ridgecrest, California 93556-2278

Question and Answers with Commissioner David L. Eckert and CHP Officer Jamie Orlett

In the spring of 1999 a sign was posted on one of the local roads owned by the U.S. Navy (pictured above) that riders were to ride single file per California Vehicle Code. Shortly thereafter groups of riders were stopped and warned about not riding single file. As a result of this the High Sierra Cyclists invited traffic Court Commissioner David L. Eckert and California Highway Patrol (CHP) Officer Jamie Orlett to answer question at one of our regular club meetings. Commissioner Eckert and CHP Officer Orlett are both bicycle riders and currently club members. As a disclaimer, the answer to question given here are only the personnel opinions of the Commissioner Eckert and Officer Orlett and are not legal advise. Additional, the questions and answer were edited after being translated from a video tape made by Tim LaFromboise. Special thanks to Commissioner Eckert for his review of this page.

California Vehicle Code

Commissioner Eckert handed out sections of the California Vehicle Code concerning bicycle riding. For the readers convenience portions of the code concerning bicycle can be found at the links below.

SECTION 100-680 - contains definitions
SECTION 21200-21212 - main laws for riding a bicycle on a public road.
SECTION 39000-39011 - pertains to bicycle license

After the introduction by club president Bill McBride, CHP Jamie Orlett gave out some general advice.

Carrying a cell phone with you while riding is a good idea. One never knows what is going to happen or what one will find while riding. If you are in accident, having information on you about who to contact, your normal pulse, and blood pressure is important. Medication is given based on the general population which may be different for someone who is more fit than the general population.

I've read the High Sierra Cyclists' newsletter concerning riding single file and how far right is right. This is my personnel view since I'm a rider. I don't always stop at stop signs if no one is around; although, I should stop. If vehicles are around you should stop. Riding in pace lines is okay. You don't have to ride on the shoulder if pot holes are present. Passing is allowed. Slow moving vehicles should be the far to the right as possible. On South China Lake Boulevard between Norma and Springer Streets is prime example where you can ride in the driving lane. I don't believe the CHP would enforce the law in that instance. The CHP doesn't do law enforcement on the Randsburg Wash road if you are stopped by China Lake police discuss with them how far to the right.

Question - On Inyokern road some of the shoulder is good and in other places the shoulder is bad. Can I ride to the left of the white line?

Commissioner - Staying to right doesn't mean you need to ride in the pot holes. The road way is considered to be the driveable pavement (See Section 530 of the Vehicle Code) if it is not driveable you don't have to ride there. Most of cases I see in Court for bicycles are DUI or sometimes riding at night without lights.

Bill McBride - There are a few places around the only place to ride is in the road. China lake Blvd near ARCO is really bad.

Comment - Inyokern Road, part of the monthly time trial course, has a lot of rocks at intersection and is very dangerous.

Jamie - If one of you come with me we could get the highway sweep for the time trial.

Question - The Randsburg Wash road is Navy property. What happens if I get a ticket on that road?

Jamie - The road is the Navy's property but it is open to the public. China Lake police do enforcement of the law but the CHP handles any accidents.

Commissioner - Only if there was a trial would you come before me. For a traffic trial you would come on Tuesday morning to set up the trial for Friday morning.

Question - The sign on Randsburg Wash road states that bicycles will ride single file per California's vehicle code. The way I read the code the road is substandard. That is the road is so narrow that cars can't pass even a single rider without crossing the center yellow line. Therefore, it would be legal for a rider to ride just to the right of the center yellow line. Maybe not safe but legal. Is this correct?

Jamie - I took pictures of the road in question and sent them to Sacramento. They said it is legal for you to ride in the lane but you are a slow moving vehicle and if a car come up behind you you must ride as far to the ride as practicable.

Bill McBride - China Lake Police have been stopping riders and talking with them.

Jamie - China Lake Police were invited to attend tonight but are not here.

Question - What is a definition of practicable?

Commissioner - It is a judgment call. In traffic court it is hard to be fair to all witness when the experienced officer say you are not as close as practicable and the civilian says he was. If the civilian can prove with pictures that the road was not suitable for riding. Then I will make a judgment.

Comment - Some safety expert recommend riding 2 or 3 feet away from the edge to prevent the car from passing without moving over.

Commissioner - This would be something I would listen to but you may not prevail. This is a safety issue. If you get a ticket it is your responsibility to present your side. You need to prepare collect your evidence to convince the judge.

Question - If we ride side by side but pull over and change to riding single file if a car comes up behind us, is that legal?

Jamie - The CHP will not enforce riding single file. I also ride two abreast with my friends and pull over when cars approach from behind but you need to evaluate the traffic conditions. If the traffic is heavy, it would be better to ride single file. I've also talked with the sheriff department and they would probably not enforce riding single file.

Question - It is legal to ride in a large group if we don't violate the center line?

Jamie - I didn't say that.

Question - We are riding in a wind blowing from the side and we are staggered across the road but not over the center line is that legal?

Jamie - A bicycle is a vehicle you must obey all laws. If you are not a slow moving vehicle and you are not impeding traffic and you can convince a judge that you are riding as far to the right as practicable.

Commissioner - You may try this argument. The code (See Section 21202) says any person operating a bicycle on the roadway at a speed less than the normal speed at that time shall ride as close a practicable to the right hand side. If you are only vehicle then you are setting the speed at that time.

Bill McBride- The problem with the Navy road has a lot of dips limiting view and how far a rider can see approaching cars.

Question - What does it mean to impede? When are you impeding?

Jamie - It is a judgment call. If I have to wait to see to safely pass for 15 second then I would say you are impeding.

Question - If we make and effort to go single file would we still be impeding?

Jamie - I wouldn't cite you. I would not expect you ride off the road.

Commissioner - You have a right to be on the road. If you are there first you have a right to be there. I don't expect you to ride off the road. But you have to share. Don't abuse the right.

Question - How many vehicles can back up behind you before you are impeding traffic?

Jamie - Five cars on rural road but there is also a slow moving vehicle section that states you must ride as far to the right as practicable.

Question - Do you ticket cars for crossing the double yellow line to pass a bicycle?

Jamie - We use our judgment. I would not if other cars were not approaching from the opposite direction.

Question - The China Lake Police have a problem with us riding as a pack two or more a breast. We generally don't violate the center line rule but some times we do. What would be the traffic fines if we are cited?

Jamie - The fine goes way up for riding left of the center line from $24 to $54.

Commissioner - You get penalty along with the fine. If you get a $10 fine you also pay a $17 penalty plus a $10 administration fee for moving violation. They want to make crime pay. A $20 fine would have a $34 penalty. If someone comes in the first day to take care of the ticket, I try to lower the fine, but the court must still assess the penalty and administration costs.

Question - Are traffic laws enforced during bicycle races or organized rides?

Jamie - Laws are still in affect during races or rides. However, police can be hired by race organizers to control traffic at intersections so that the racers/riders can ride through the intersections without stopping.

Bill McBride - Some times at large rides police stop traffic at intersections for safety reasons as large groups of riders are trying to get through the intersections.

Question - What is a stop?

Commissioner - A stop is a stop. According to officers most driver go through stop signs at less than 5 mph. I like the officer to use their own judgment. Would you blow through the same intersections with your car as you do on your bicycle? You would probably not be cited if you really slowed down almost to a stop. Most officers use common sense and so should you.

Jamie - The CHP has discussed this and have the same opinion

Comment - There is a stop sign on monthly time trial course everyone blows through that stop sign.

Jamie - If the result of a rider blowing through a stop sign is an accident and someone saw the rider, then the rider may be in trouble.

Bill McBride - If you put a foot down, that indicates that you have stopped to other drivers.

Question - If the rider does a track stand is the rider considered stopped?

Jamie - San Diego does not consider a track stand a stop you must put a foot down.

Comment - Not putting your foot down may confuse drivers.

Question - Are fines different for a bicycle than a car?

Commissioner - Bicycle riders must follow the same laws as drivers of cars. The law is the same. The fines are computerized and must be the same. However, I will listen to any reasonable argument you have. If the violation is a safety issue you probably will not win.

Comment - I ran a stop sign and made a right hand turn right into a police vehicle, but because I was on a bicycle the fine was reduced.

Jamie - In San Diego all laws are enforced the same bicycle or cars. The cars have more respect for bicycles. I don't believe that is the same in this community.

Commissioner - The fine should have been over a 100 dollars and was probably reduced to 50 dollars or less

Question - Would this go on your insurance?

Commissioner - Unless you were cited for a specific bicycle violation your insurance company would not know the difference.

Question - I time during the time trial and have had people stop and complain to me about people riding the time trial. What do I do?

Jamie - Refer them to us. All the people at the CHP office are in agreement about a bicyclist's rights and responsibilities.

Question - If some one tries to run me off the road with their car and I get a license number, should I report it?

Jamie - Yes, you can press charges but you have to appear in court as you are the witness. But we love to talk with that person. If they are doing that they may have other problems. We need a complete number or partial number and a good description of the vehicle.

Commissioner - The district attorney has to have enough proof to get a conviction. But if the CHP stops them there are a lot of people not qualified to drive and need to be off the road. It is your civic duty to report them. They may be DUI or in possession of drugs.

Question - I just moved to California. Are helmet mandatory?

Jamie - Helmets are mandatory for children under 15 and we make an attempt to enforce it.

Comment - Helmets are mandatory on base.

Question - Are there any roads around here where bicycles are prohibited.

Jamie - We have maps showing which roads you can ride on including freeways.

Commissioner - In California you may ride on any road including the freeways if there is no alternate but you must ride on the alternate if there is one available.

Jamie - The roads are posted where you can ride.