Fwd: Follow-up: CA STATE PARKS E-BIKE POLICY, QUESTIONS, CONCERNS, THE FUTURE

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Clinton Sandusky

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Sep 17, 2021, 8:01:25 PM9/17/21
to CABO Directors, CABO Legislative Committee, Cabo Forum, Jim Baross, Gary Cziko
Hello CABO!

What a BIG mess going on with this recent CA State Parks' E-Bike Policy, including RESTRICTIONS!

I have briefly spoke with Jim and Gary about this, but I certainly would appreciate everyone's input!  I have solicited support from our city's mayor (Yucaipa), CA State Senator Ocho Bogh (my district), PeopleForBikes, eMTB riders, bike shop owners as a start.  The mayor and his wife (the senator) ARE both Class 1 eMTB riders!

One BIG glaring problem is the state park has NO E-Bike safety information on their web site, unlike for OHMVs and boating.  How about requiring a California E-Bike Card, for use in State Parks that have E-Bike restrictions.  This card could be obtained after taking say an online CyclingSavvy course --  with some E-Bike safety and etiquette content -- and paying a nominal fee of say $20.00 annually (fee to help pay for trail maintenance and additional park ranger patrols in more parks).

WHAT DO YOU THINK?

Thank you in advance,

Clint Sandusky
CABO, District 8 Director


Sent: Thu, Sep 16, 2021 3:24 pm
Subject: Follow-up: CA STATE PARKS E-BIKE POLICY, QUESTIONS, CONCERNS, THE FUTURE

Good afternoon Ash,

Thank you for again speaking with me on this very important and troubling local, but also state-wide, issue on e-Bike restrictions within our CA State Park system.  At your request, I have attached my initial questions, concerns, and the future for your review and response.  We certainly need your support and PeopleForBikes' vast resources to address and resolve this issue!

As you know, I have been corresponding with our local CA State Park superintendent, John Rowe. Interestingly, he was one of my law enforcement students at a long ago Basic Bike Patrol Course at Riverside County Sheriff's Department.  It appears his local "Superintendent's Order" on e-Bike restrictions was influenced by his superiors, including a local division chief.

I will be up in Sacramento in mid-October on another project for CA POST (Commission of Peace Officer Standards & Training).  I would be willing, along with other advocates, subject matter experts, and California officials to meet with officials from the CA State Park.

I believe, with the support of many stakeholders, this restriction can be resolved to the benefit of the legal, safe, and respectful e-Bike riders and all park users!


Take care,

Clint Sandusky
Riverside Community College District PD (cpl., ret.)
CA POST Bike Patrol Instructor (26+ yrs.)
E-Bike Instructor & Presenter
Cycling in Traffic Educator & Advocate
Sandusky_CA State Parks_E-Bike Policy_Questions and Concerns_09162021.docx

Bill Sellin

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Sep 17, 2021, 8:24:06 PM9/17/21
to Clint Sandusky, CABO Directors, CABO Legislative Committee, Cabo Forum, Jim Baross, Gary Cziko
Hi Clint - I don’t have one yet - but have friends who do - some Class 3 and they know how to ride safely and on shared use paths.  

Crystal Cove State BEach south of Newport has posted new cute little signs now…


I thought Class 2 ebikes were allowed on class I paths in California… 
I thought Class 3 ebikes were allowed on class I paths adjacent o the road.

Can I pedal them with power off? Can I walk them? 

Instead of addressing the speed and behavior of riders, they are welcoming only Class 1 eBikes. (I assume I am still welcome on my pedal bicycle or walking?)

They have not cited a resolution or ordinance that prohibits Type 2 ebikes - so I think they have failed to properly prohibit type 2 & 3 eBikes, and they say nothing about safe shared path use.

Anyone riding a type 2 or 3 eBike on the proposed USBR 95 must stay on PCH instead of the adjacent Class I paths in the State Beach.

OC Parks has decided to stop all eBikes at the gate - even on streets where a motorcycle is welcome, eBikes must remove their battery to pedal into any area where a motorcycle may drive. There are places like Laguna Niguel Regional and Mason where cyclists ride the Class I or shared use paths across the park, so they have to remove the battery and carry it to the other side.   

 

They at least cite a regulation - which predates the definition of eBikes ad NOT being Motorized Bicycles - giving their Director the right to ban what ever device she wants to...

OC Parks has always prohibited eBikes from dirt trails where all terrain bikes are allowed… 

 



"Most of the World is either Downhill or Flat…”

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<Sandusky_CA State Parks_E-Bike  Policy_Questions and Concerns_09162021.docx>

William Sellin

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Sep 17, 2021, 8:29:16 PM9/17/21
to Cabo Forum

William Sellin (Bill)
Director; 
Area Liaison for Caltrans District 12


“By and For Cyclists - 
protecting rights of access 
for bicyclists to public roads.”
Road Rights Matter!

Among other case law and statutes, including the Constitution of California, 
we rely upon Williams v County of Sonoma (2020)* establishing the precedent 
that government entities have a duty to safely maintain roads.
Cyclists do NOT assume the risk of unreasonable road hazards created by government neglect.
*55 CalApp. 5th 125,269 Cal.Rptr. 3d 273, 220 Cal.App. LEXIS 909.



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Clinton Sandusky

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Sep 17, 2021, 11:22:59 PM9/17/21
to Bill Sellin, CABO Directors, CABO Legislative Committee, Cabo Forum, Jim Baross, Gary Cziko
Thanks Bill for your input!

Here's the CVC section (Subsection (b)) that allows local authorities to ban Class 1 or 2 e-Bike use from various facilities:

ARTICLE 4. Operation of Bicycles [21200 - 21213]
  ( Article 4 added by Stats. 1963, Ch. 479. )

  
21207.5.  

(a) Notwithstanding Sections 21207 and 23127 of this code, or any other law, a motorized bicycle or class 3 electric bicycle shall not be operated on a bicycle path or trail, bikeway, bicycle lane established pursuant to Section 21207, equestrian trail, or hiking or recreational trail, unless it is within or adjacent to a roadway or unless the local authority or the governing body of a public agency having jurisdiction over the path or trail permits, by ordinance, that operation.

(b) The local authority or governing body of a public agency having jurisdiction over a bicycle path or trail, equestrian trail, or hiking or recreational trail, may prohibit, by ordinance, the operation of a class 1 or class 2 electric bicycle on that path or trail.

(Amended by Stats. 2015, Ch. 568, Sec. 5. (AB 1096) Effective January 1, 2016.)

I JUST FEEL LOCAL AND STATE GOVERNMENTS HAVE TO DUTY TO "EDUCATE" AND "ENCOURAGE" USERS OF LEGAL E-BIKES, TO THE MORE SAFE, LEGAL, SAVVY, RESPECTFUL, AND COOPERATIVE USE OF THEM; THEN "ENFORCEMENT" IF NEEDED.  DON'T PUNISH THE SAFE, LEGAL, AND RESPECTFUL USERS!!!

Clint

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