Citation for parking in bike lane. What's the law?

[ProPerDoper]

What is the name of your state (only U.S. law)? California

I parked my pick up and 30' travel trailer next to my home after checking with the California DMV site to verify the bike lane law. I recently received a citation citing CVC 21211b.

I checked this code and the DMV cite, and it appears as though there are conflicting rules on the books in California. Anyone know if I have grounds to contest the parking ticket?

Below are the codes and rules. (Emphasis added)

From the California DMV Driver Handbook:

Bicycle Lanes

A bicycle lane is shown by a solid white line along either side of the street, four or more feet from the curb. The white line will usually be broken near the corner and the words “BIKE LANE” will be painted in the lane. When you are making a right turn and are within 200 feet of the corner or other driveway entrance, you must enter the bike lane for the turn. Do not drive in the bike lane at any other time.

You may park in a bike lane unless a “No Parking” sign is posted.

Pedestrians are not allowed in bike lanes when sidewalks are available. Drivers of motorized bicycles should use bike lanes carefully to avoid accidents with bicyclists.

From the California Vehicle Code:

Obstruction of Bikeways or Bicycle Paths or Trails

21211. (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.
Amended Ch. 517, Stats. 1993. Effective January 1, 1994.
Amended Sec. 21, Ch. 1007, Stats. 1999. Effective January 1, 2000.
Amended Sec. 7, Ch. 127, Stats. 2001. Effective July 30, 2001.What is the name of your state (only U.S. law)?

[The Occultist]

I am not a legal expert, but I read this to mean that you may park in the bike lane as long as you are not preventing somebody using a bike from fully utilizing the bike lane; did you park in a way so as to force one using a bike to exit the bike lane to circumvent your parking?

[racer72]

Simple. The handbook is a guide, not the law.

[ProPerDoper]

Originally Posted by The Occultist

I am not a legal expert, but I read this to mean that you may park in the bike lane as long as you are not preventing somebody using a bike from fully utilizing the bike lane; did you park in a way so as to force one using a bike to exit the bike lane to circumvent your parking?

Yes....the truck and trailer as parked in the bike lane would cause a cyclist to exit the bike lane completely in order to go around.

[ProPerDoper]

Originally Posted by racer72

Simple. The handbook is a guide, not the law.

The handbook is the guide which DMV provides to educate the driving public so as to properly follow the vehicle code.

[CdwJava]

Originally Posted by ProPerDoper

Yes....the truck and trailer as parked in the bike lane would cause a cyclist to exit the bike lane completely in order to go around.

Then it would appear that CVC 21211(b) was violated. If you wish to contest the citation and present the DMV manual as evidence to the hearing panel, you are free to give it a try. You better hope that there are not any signs that indicate no parking in a bike lane in the area.

You should probably move the truck and trailer and pay the fine.

- Carl

[ProPerDoper]

Originally Posted by CdwJava

Then it would appear that CVC 21211(b) was violated. If you wish to contest the citation and present the DMV manual as evidence to the hearing panel, you are free to give it a try. You better hope that there are not any signs that indicate no parking in a bike lane in the area.

You should probably move the truck and trailer and pay the fine.

- Carl

I agree, that according to CVC I'm guilty. The rig has been moved. (However now it partially blocks my driveway and I'm pretty sure that's illegal also)

The fine is $35...no big deal. What's unclear is whether or not I have two tickets (one for the trailer, and one for the truck) as only one was present under the truck wiper, but there was a remnant of yellow paper stuck to the window of the trailer when we arrived at our destination. So the total may be $70. I'll ask the county when I write them.

In order to contest the ticket I must send a letter to the county office of revenue collection with a description of why the citation is in error, along with copies of the ticket and any evidence I wish to provide. (Pix of the area, the DMV handbook info, etc.) There are no "no parking" signs anywhere.

I'll probably write the letter and contest it. I figure all they can say is no.

[CdwJava]

Originally Posted by ProPerDoper

I agree, that according to CVC I'm guilty. The rig has been moved. (However now it partially blocks my driveway and I'm pretty sure that's illegal also)

Generally you are not going to be cited for blocking your own driveway. In theory, it is possible, but in practice it is rare.

The fine is $35...no big deal. What's unclear is whether or not I have two tickets (one for the trailer, and one for the truck) as only one was present under the truck wiper, but there was a remnant of yellow paper stuck to the window of the trailer when we arrived at our destination. So the total may be $70. I'll ask the county when I write them.

Are they two different citation numbers?

In order to contest the ticket I must send a letter to the county office of revenue collection with a description of why the citation is in error, along with copies of the ticket and any evidence I wish to provide. (Pix of the area, the DMV handbook info, etc.) There are no "no parking" signs anywhere.

So ... what is your argument? There is no need to post no parking signs. Those signs would simply make the matter a slam dunk. I would think your only potential defense is the apparent confusion you identified in the DMV handbook, even though the CVC is clearly contrary to that advice in the handbook.

I'll probably write the letter and contest it. I figure all they can say is no.

Pretty much.

- Carl

[ProPerDoper]

Originally Posted by CdwJava

Generally you are not going to be cited for blocking your own driveway. In theory, it is possible, but in practice it is rare.


Are they two different citation numbers?


So ... what is your argument? There is no need to post no parking signs. Those signs would simply make the matter a slam dunk. I would think your only potential defense is the apparent confusion you identified in the DMV handbook, even though the CVC is clearly contrary to that advice in the handbook.




- Carl

I only have a copy of one citation. If there was another, it was "lost in the wind".

My argument is simply that I went to the DMV handbook to learn about bike lane parking laws, found that it was okay unless posted as no parking, and wound up with a ticket.

It's more likely that the typical civilian would check the DMV handbook/website for laws than to attempt to access the vehicle code and wade through it's many sections/subsections to learn the laws.

The Department of Motor Vehicles clearly states the practice of parking in a bike lane is acceptable, as long as there are no postings as "no parking". I did my "due diligence" by checking the DMV for direction.

We'll see how it goes.

[CdwJava]

Originally Posted by ProPerDoper

I only have a copy of one citation. If there was another, it was "lost in the wind".

You might ask if a second one was issued.

My argument is simply that I went to the DMV handbook to learn about bike lane parking laws, found that it was okay unless posted as no parking, and wound up with a ticket.

That's a reasonable argument, but it may not pass muster. It depends on how lenient the hearing officer or panel might be.


- Carl

[ProPerDoper]

Originally Posted by CdwJava

You might ask if a second one was issued.


That's a reasonable argument, but it may not pass muster. It depends on how lenient the hearing officer or panel might be.


- Carl

Good advice. I'll ask.

Agreed. With the way counties are seeking revenue in a down economy, it wouldn't surprise me a bit if two tickets were issued, and they have every intention of collecting after reviewing my dispute.

But I'll give it a decent effort.

[Hangfire]

I just received a parking ticket on North harbor Drive for parking in a bike lane. I was parked on the outside of an island that has a bike lane running along the parking strip. Out of courtesy to other parkers I park as close to the end of the island as possible (we have very very limited parking during the fishing season). The only thing I can figure is that the bike lane curves in at the end of the islands and I was parked inside the curve, which I find it very hard to believe that bikers would not just continue the straight line between islands which are about 20 feet apart (I can't imagine that I was any obstruction to any bikers).
Now, I have been parking in this area for almost 20 years and probably park in this particular spot at least 50 times a year and have never seen or heard of anyone getting a ticket there. All of my colleagues agreed that this was a very weak citation, and I am going to try and fight this one for sure.

I will be interested to see what you end up doing in your case.

[ProPerDoper]

Originally Posted by Hangfire

I just received a parking ticket on North harbor Drive for parking in a bike lane. I was parked on the outside of an island that has a bike lane running along the parking strip. Out of courtesy to other parkers I park as close to the end of the island as possible (we have very very limited parking during the fishing season). The only thing I can figure is that the bike lane curves in at the end of the islands and I was parked inside the curve, which I find it very hard to believe that bikers would not just continue the straight line between islands which are about 20 feet apart (I can't imagine that I was any obstruction to any bikers).
Now, I have been parking in this area for almost 20 years and probably park in this particular spot at least 50 times a year and have never seen or heard of anyone getting a ticket there. All of my colleagues agreed that this was a very weak citation, and I am going to try and fight this one for sure.

I will be interested to see what you end up doing in your case.

North Harbor Drive is where?

I just mailed my appeal today. I'll keep you posted.

[LSCAP]

Blocking your own driveway. As Carl pointed out, a ticket would be rare but,
I've seen it done.
Put a note on it saying it is your own driveway.
It might help.